HomeMy WebLinkAbout08142006 CRC - Agenda
HOME OF PELICAN ISLAND
CHARTER REVIEW COMMITTEE
AGENDA
MONDAY, AUGUST 141 2006 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. NEW BUSINESS:
A. Approval of July 17, 2006 Minutes (Minutes)
B. Second Public Hearing on Recommended Charter Amendments (Proposed
Amendments 1-7)
C. Move to Recommend that Council Place Amendment Questions 1 - 7 on March
Ballot for Referendum - Formal Recommendation to be Presented to City
Council on August 23, 2006
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MAITER CONSIDERED AT THIS
MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
HOME OF PELICAN ISLAND
CHARTER REVIEW COMMITTEE
MINUTES
MONDAY, JULY 17, 2006 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Chairman Smith called the meeting to order at 6:30 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
Members Present:
Barbara Beck
Charles Cardinale
Maureen Cummings
Adrina Davis
Linda DeSanctis
Mary McGee
Jim Morrison
John Oakes
Dennis Powers
Cory Richter
Richard Smith - Chairman
Members Absent:
Dan Oragonetti (excused)
Harry Enderlein (excused)
Rick Villars (unexcused)
Ruth Sullivan - Vice Chairman (unexcused)
Staff Present:
City Attorney, Rich Stringer
City Clerk, Sally Maio
Also Present:
Councilmember Sal Neglia
Councilmember AI Paternoster
Charter Review Committee Meeting
July 17, 2006
Page Two
4. NEW BUSINESS:
A. Approval of June 12, 2006 Minutes
On MOTION by Mr. Davis, and SECOND by Ms. DeSanctis, the June 12, 2006 minutes
were approved on a voice vote of 11-0.
B. First Public Hearing on Recommended Charter Amendments (see attached)
Chairman Smith opened the public hearing and the City Attorney reviewed the proposed
amendments (see attached). He said he would be tweaking the ballot question
language (not the actual amendments) for those relating to election issues to make the
intent clearer to the voters.
There was no one from the public to offer input.
Chairman Smith closed the hearing at 6:39 p.m.
C. Announcement of Second Public Hearinq on AUQust 14. 2006
The City Clerk clarified that the Charter requires two public hearings, therefore no action
should be taken until after the second public hearing on August 14, 2006.
Mr. Davis noted a memo from the City Clerk with a suggested schedule for
recommendation to City Council (see attached). There were no objections to making the
committee's recommendation to Council on August 23, 2006, following the second
hearing.
5. Being no further business, Chairman Smith adjourned the meeting at 6:42 p.m.
Approved at the August 14, 2006 Charter Review Committee Meeting.
Richard Smith, Chairman
Prepared By:
Sally A. Maio, City Clerk
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CITY OF SEBASTIAN
2006 CHARTER REVIEW COMMITTEE
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Proposed Amendments
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Referendum Question #1
Restricting ability to purchase land without supporting appraisals.
Shall the City of Sebastian amend the City Charter to restricting the ability of City Council to
purchase land without supporting appraisals by amending Section 1.02(1) to add the following
provision?
"Any land purchase in excess of ten percent of the general fund of the current budget
year shall require two appraisals. If the purchase price is in excess of the average of
the two appraisals, it requires a supermajority vote of four members of Council."
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Referendum Question #2
Changing City Elections to November.
Shall the City of Sebastian amend the City Charter to move elections to November to coincide with
state and federal general election dates by amending Sections 2.03 and 2.06 to read as follows?
Sec. 2.03. Election.
(a) There shall be held a general election of two (2) council members on the first
Tuesday following the first Monday in November of each even-numbered year and of
three (3) council members In each odd-numbered year.
(b) The city elections shall have at large voting.
Sec. 2.06. Mayor; vice-mayor.
(a) Mayor--Selection and term. After the seating of any newly elected council
members at the special city council meeting held pursuant to Section 2.04, the new city
council shall, as the first order of business, elect a mayor from among its members.
The incumbent mayor or in his or her absence, the vice-mayor or in his or her absence,
the senior member of city council, shall ask for nominations for mayor. After all
nominations have been made, the nominations shall be closed. The city clerk shall
then call the roll of the council members and each council member shall cast an
affirmative vote for the council member of their chOIce. The council member that
receives a majority vote shall be elected mayor. In the event no council member
receives a majority of the votes cast on the first ballot, balloting with sequential roll calls
shall continue until a council member receives a majority vote. Council members shall
not nominate themselves. Only elected council members shall be eligible for the office
of mayor.
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(c) Vice-mayor--Selection and term. Immediately subsequent to the selection
of a mayor, the city council shall elect a vice-mayor from among its members. The term
of the vice-mayor shall be for one year or until his or her successor is elected. The
vice-mayor shall be elected using the same procedure as for the election of mayor.
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Referendum Question #3
Increasing salary of City Council.
Shall the City of Sebastian amend the City Charter to increase the salaries of City Council members
by amending Section 2.05 as follows?
Sec. 2.05. Compensation.
The mayor, vice-mayor and each of the other council members shall be paid
the following amounts on a monthly basis:
(1) Mayor: One thousand dollars ($1000);
(2) Vice-mayor: Nine hundred dollars ($900); and
(3) Council members: Eight hundred fifty dollars ($850).
Upon the seating of a new Council following a regular election, the compensation set
forth above shall be adjusted based upon the Consumer Price Index for the southeast
United States or any such generally recognized equivalent.
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Referendum Question #4
Increasing notice and restricting time for special council meetings.
Shall the City of Sebastian amend the City Charter to increase the notice required for special
meetings and require that such meetings be held after 5 p.m. by amending Section 2.12 to read
as follows?
Sec. 2.12. Procedure.
(a) Meetings. The city council shall meet regularly at least once a month at such
times and places as the city council may prescribe by resolution. Special meetings of
the city council may be held on the call of the mayor or any council member. There
shall be at least twenty-four (24) hours advance notice of any special council meeting
called and said meetings shall only be held after 5 p.m.. If a public emergency as
defined under Florida law exists any council member or charter officer may call a
special meeting, and the advance notice requirement as well as the time restriction
shall be waived. All city council meetings shall be public meetings, except as othe/Wise
permitted by law.
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(b) Rules and journal. The city council shall determine its own rules and order of
business and shall provide for keeping a journal of its proceedings. This journal shall
be a public record.
(c) Voting. Voting may be by voice vote, except that a roll call vote shall be
required on appropriation of funds, for the approval of an ordinance or upon any motion
upon the call of any council member. The ayes and nays on each roll call vote shall be
recorded in the minutes of the meeting. Three (3) members of the city council shall
constitute a quorum, but a smaller number may adjourn from time to time and may
compel the attendance of absent council members in the manner and subject to the
penalties prescribed by the rules of the city council then in force. No action of the city
council, except as otherwise provided in this Charter, shall be valid or binding unless
adopted by the affirmative vote of three (3) or more council members.
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Referendum Question #5
Removing provisions conflicting with council/manager form of government.
Shall the City of Sebastian amend the City Charter to remove provisions conflicting with the
Council/Manager form of government by deleting Sections 3.07 and 3.08, and amending
Sections 3.01, 3.06 and 3.09 to read as follows?
Sec. 3.01. Creation.
The city manager, city clerk and city attorney are designated Charter officers.
Sec. 3.06. Creation.
The City shall maintain its own law enforcement agency for the protection of citizens
and enforcement of laws.
Sec. 3.09. City attorney.
(a) There shall be a city attorney of the city who shall serve as chief legal
advisor to the city council and all city departments, offices and agencies,
shall represent the city in all legal proceedings and shall perform any other
duties prescribed by this Charter or by ordinance.
(b) The city council shall have authority to retain additional counsel in specific
actions or proceedings in its discretion.
(c) The city attorney shall receive such compensation as may be determined by
the city council.
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Referendum Question #6
Streamlining and reconciling procedural aspects of City elections with state requirements.
Shall the City of Sebastian amend the City Charter to streamline procedural aspects of City elections
and reconcile them with state requirements by deleting Sections 4.05, 4.10 and 4.11, and amending
Sections 4.02 and 4.07 to read as follows?
Sec. 4.02. Filing of candidate's oath; fee.
(a) Each candidate, in order to qualify for election to the office of council member, shall
take and subscribe to an oath or affirmation in writing. A printed copy of the oath or
affirmation shall be furnished to the candidate by the city clerk and shall comply with the
provisions of Florida law.
(b) The oath set forth in subsection (a) shall be filed with the city clerk at least sixty
(60) days prior to the day of the election, along with payment of a nonrefundable filing
fee in an amount to be set forth by Code.
Sec. 4.07. Elections--How arranged; inspectors and clerks.
The city council, in conjunction with the city clerk, shall make all necessary
arrangements for holding all city elections and shall declare the results thereof. The city
council shall adopt a resolution calling any such election, stating therein where the
election shall be held, and naming the different offices to be filled, or questions to be
decided, and shall cause the notice of the election to be published in accordance with
Florida law.
Referendum Question #7
Changing frequency of Charter Review Committee from seven to five years.
Shall the City of Sebastian amend the City Charter to provide that the Charter Review Committee
meet every five years instead of seven by amending Section 5.03 to read as follows?
Sec. 5.03. Charter review committee.
Not later than April 15 of the year 1999 and of every 5th year thereafter, the city council
shall appoint a charter review committee to review the Charter of the city. Each charter
review committee shall consist of fifteen (15) residents of the city. The committee shall
otherwise be appointed in the manner provided by the Code of Ordinances. The
committee shall be funded by the city council and shall be known as the "City of
Sebastian Charter Review Committee." It shall. within six (6) months from the date of
its formation, present to the city council its final recommendation for amendment of the
Charter or its recommendation that no amendment is appropriate. If amendment is to
be recommended, the charter review committee shall conduct two (2) public hearings,
at intervals of not less than fourteen (14) days, prior to the transmittal of its
recommendations to the city council. The city council may by ordinance submit any or
all of the recommended amendments to the electors for vote at the next general
election held within the city or at a special election called for said purpose.
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