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HomeMy WebLinkAbout07172006 CRC - Agenda dIYOf' HOME OFPI:LlCAN ISLAND CHARTER REVIEW COMMITTEE AGENDA MONDAY, JULY 17, 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 June 12, 2006 Minutes B. First Public Hearing on Recommended Charter Amendments (see attached) C. Announcement of Second Public Hearing on August 14, 2006 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA ITER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM 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. HOMEOFPELlCANISLAND CHARTER REVIEW COMMITTEE MINUTES MONDAY, JUNE 12, 2006 - 6;30 P.M. CITY COUNCIL CHAM BERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Chairman Smith called the meeting to order at 6:35 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Barbara Beck Charles Cardinale Adrina Davis Linda DeSanctis Dan Dragonetti Harry Enderlein Jim Morrison John Oakes Dennis Powers Richard Smith - Chairman Ruth Sullivan - Vice Chairman Rick Vmars Members Absent: Mary McGee (excused) Maureen Cummings (excused) Cory Richter (excused) Staff Present: City Attorney, Rich Stringer City Clerk, Sally Maio Also Present: Councilmember Sal Neglia Councilmember AI Paternoster (j) Charter Review Committee June 12,2006 Page Two 4. OLD BUSINESS: A. Approval of May 15, 2006 Meeting Minutes On MOTION by Mr. Enderlein and SECOND by Mr. Villars the May 15, 2006 minutes were accepted as presented on a voice vote of 12wO. B. Review Draft Lanouage for All Recommended Amendments Ms. Beck recommended that section 2.12 (a) be amended to remove the previous change to have all Council meetings be conducted after 5 pm. MOTION by Ms. Beck, SECONDED by Mr. Morrison to strike 5 pm and keep the 24-hour notice from 2.12 (a) failed on a voice vote of 0-12. C. Request bv Member Harry Enderlein to Discuss Boundaries and Special Master Mr. Enderlein presented recommendations for three amendments (see his memo and recommendations attached). Recommended Amendment #1 - 1.02(5) Abatement of Nuisances. Discussion followed on Mr. Enderlein's recommendations to put Code Enforcement under Growth Management Department and state that a magistrate will be appointed to hear and adjudge code violation cases that cannot be resolved by a code enforcement officer. The City Attorney advised that he had prepared an ordinance amending the Code of Ordinances for Council consideration to replace the Code Enforcement Board with a Special Magistrate. In response to Councilmember Neglia, he stated the two Council members in attendance tonight could remain and listen to this discussion. He further stated that there is nothing that requires a Growth Management Department, that it is the authority of the City Manager to determine the appropriate location for code enforcement in a Council/Manager form of government, and advised that code enforcement not be in the Charter based on his philosophy that code enforcement not be considered any more important than other divisions or functions of the City. Mrs. Sullivan said she would like to see Growth Management Department continued and in the Charter to protect us from growth. Mr. Oakes cautioned not restricting future populations and asked why it needed to be so specific that code enforcement must be under the helm of the Growth Management Department. 2 Charter Review Committee June 12, 2006 Page Three Ms. Beck said the City Manager should be able to move personnel where he sees fit. Mr. Oakes said he did not see the recommendation from Mr. Enderlein because he did not know there was an agenda packet until tonight and needed time for review. MOTION by Mr. Villars, SECONDED by Mr. Dragonetti to amend 1.02(1) as recommended by Mr. Enderlein failed on a roll call of 2-10 (Beck, Cardinale, Davis, DeSanctis, Dragonetti, Morrison, Oakes, Powers, Villars, Smith - nay) Recommended Amendment #2 -1.04 Boundaries Mr. Enderlein explained his recommendation to state the City's intent to square off the City's boundaries as set out in his attached memo and map. The City Attorney explained that Mr. Enderlein is recommending just a statement of policy in the Charter. Mr. Oakes cautioned that the sitting Council is not pro annexation and asked how this could be achieved without annexation. Mr. Enderlein stated that when someone makes a statement of purpose, things begin to happen. The City Attorney stated that if the Charter read, "It shall be the policy of the City of Sebastian to establish these boundaries in accordance with law" and then you draw your desired boundaries, a Council when faced with a voluntary annexation request within the boundaries would then would be required under the charter to approve it; or when faced with a voluntary annexation request outside the stated boundary would be required to reject it. The City Attorney explained the various methods of annexation. MOTION by Mr. Enderlein, SECONDED by Mr. Powers to amend 1.04 as recommended by Mr. Enderlein failed on a roll call vote of 5-7 (Beck, Cardinale, Davis, DeSanctis, Dragonetti, Sullivan, Smith - nay) Recommended Amendment #3 - 5.03 Mr. Enderlein explained his recommendation to change the composition and reduce the number of Charter Review Committee members to eleven members, five selected by Council and six at-large. Mr. Villars suggested this item be passed at this time and addressed during the review of Article V under New Business; and Chairman Smith agreed. The City Clerk provided copies of Article V and VI to members who did not have their charters with them. 3 Charter Review Committee June 12, 2006 Page Four Mr. Smith called for a motion on Mr. Enderlein's recommendation on Section 5.03. Mr. Powers then asked whether the Charter review should still be conducted every seven years rather than two, three or fours years and Committee discussion followed. TAPE 1- SIDE II (7:25 p.m.) Discussion continued on the appropriate number of years between reviews. On MOTION by Mr. Enderlein and SECOND by Mr. Morrison, the Committee recommended that 5.03 be changed to every five years on a roll call vote of 12-0. 5. NEW BUSINESS: A. Article V. GENERAL PROVISIONS 5.01 - Severability of provisions No changes recommended. Though a motion, second and unanimous voice vote recommended no changes, it was decided that motions were not necessary unless changes were being recommended as the committee has done up to this point. 5.02 - Effective date No changes recommended. 5.03 -Charter review committee The committee had passed a motion previously to change the review time to five years. Mr. Enderlein continued his recommendation to change the composition of the committee to five appointed by Council and six at-large. Discussion followed, however, no motion was made to recommend changes to the composition of the committee as recommended by Mr. Enderlein. B. Article VI. TRANSITION 6.01 - Title to property reserved No changes recommended. 4 Charter Review Committee June 12, 2006 Page Five 6.02 - Reserved No changes recommended. 6.03 - Reserved No changes recommended. 6.04 - Ordinances preserved No changes recommended. 6.05 - Continuation of former charter provisions No changes recommended. C. Schedule Two Public Hearings in Accordance with 5.03 At Least Fourteen Days Apart - Available Dates Julv 17 (if ready), Auqust 14. August 21, September 11, September 18 The City Attorney said these will be advertised public hearings, that the public will be advised that the recommended changes are available for review, and that following the second hearing, the Committee can adopt its recommended changes and forward them to City Council. Public Hearings were scheduled for July 17 and August 14, 2006. The City Attorney said the Charter Committee could amend its recommendations based on public input at the hearings if it so chooses. Mr. Powers asked the City Attorney about a recommendation from a member of the public (Neil Lagin) at a previous meeting relative to requiring a supermajority for large purchases. At the request of the City Attorney, Chairman Smith called a brief recess to allow the City Attorney to contact the City Manager by phone. The City Attorney said he recalled that the recommendation was if purchases of land in were in excess of a stated percentage of the general fund, Council would need two appraisals. Mr. Powers said he remembered what would be needed was a supermajority vote. The City Attorney said a purchase of ten percent of the general fund would be about a $1.2 M, and five percent would be about $600,000. 5 Charter Review Committee June 12, 2006 Page Six The City Attorney advised that Florida law states that two appraisals are required for purchases of land over a certain amount only if the City wants to keep the negotiations and offers out of the sunshine. Mr. Powers recommended that no matter how many appraisals were obtained a purchase of that amount should have a supermajority vote. Mr. Oakes asked Mr. Powers if he wanted this same scenario to be applicable to boards; and that it sets a bad precedence because it allows the minority to make decisions rather than the majority. Mrs. Sullivan said when you are talking about taxpayers' money she would lean toward the more conservative approach, the supermajority. She said she was in favor of appraisals as well. Mr. Powers clarified that he was talking about only purchases and not contracts. The City Attorney clarified that what Mr. Lagin asked was that when the City was considering purchasing property without the protection of an appraisal, a supermajority vote be required. MOTION by Mr. Powers, SECONDED by (inaudible), the recommendation to add "any land purchase over ten percent of the general fund of the current budget require a supermajority vote" failed on a roll call vote of 3-9 (Beck, Davis, DeSanctis, Dragonetti, Enderlein, Morrison, Oakes, Villars, Smith - nay) On MOTION by Mr. Oakes and SECOND by Mr. Powers, the Committee recommended amending the charter by adding "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", on a roll call vote of 11-1 (Enderlein M nay) The City Attorney noted that this amendment would go in as a new paragraph in 1.02(1). Chairman Smith thanked all members for their hard work. 6. Being no further business, Chairman Smith adjourned the meeting at 8:10p.m. Approved at the July 17, 2006 Charter Review Committee Meeting. Richard Smith, Chairman Prepared By: Sally A. Maio, City Clerk 6 CITY OF SEBASTIAN 2006 CHARTER REVIEW COMMITTEE " ...... ............... .11.,... U.. ~ ~ "II"" '.....11. ......"....". ....... ........ .... ........... "-, ...., .,... ,. .... .... ............_........... .........._... .... ...". .......................,. .......................,.. ........ ..........._...... ...., I., ,...._., .... ,.... PROPOSED AMENDMENTS 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. " 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 (?J 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. * * * * * (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. * :I: * * * ..........._.. ..., ...............+,.." 11".............. .d.'..II....... ,.....................,1 .,1 ",., "" _., .,.............".......,........ ......1...... ..II.......II.......II........II....II.......II.......II...,'..U .."....... ......,.."..,.". .......,..u.......... ... .... ...... 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. t._.,_.._.._...,.....,._..-.'_.._,............_....,...I.~.1_...'.........................................................,.-,..."..,.-..-....................."......-.....-......................."..._............................................"'...1..................... 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 (f) 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 otherwise permitted by law. (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 offunds, 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 aftinnative vote of three (3) or more council members. II_,~_"_".,'_"_"_'I_.._II...+..."".,_"_"_"",,,,,,.............................+.."..'f....'...'..................._......................,..........................,...........1..'...+0""....1......."........'.....+....,........,..........."..._......................... Referendum Question #5 Removing provisions conflicting with council/manager foml of govemment. Shall the City of Sebastian amend the City Charter to remove provisions conflicting with the CouncilJ1vlanager 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 oflaws. Sec. 3.09. City attorney. (a) There shall be a city attorney of the city who shall serve as cbieflegal 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. (9) L.--/ (c) The city attorney shall receive such compensation as may be determined by the city council. ,...... .... .,.. ..11., "'..."..',....._,..,'..........11.."........ .,.11111..11_ .~..II...""II_"_". ...,. ......._... ....'...11...." 'fat. ...,.........., .... ... ........... ,..,. .............,.. .,...+. ....I.H. ..II...... .,......,-....,.. '" II "........ .,....". ..., ,."-" ......., I.' 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. Ca) Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affinnation 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. .... ....I...'...f...........................................,.............................................."...'......,......................+.....,...................-.............-...., ..................."......... ....... ........t ~I-..-I........I...'. ......-..........-................................ Referendum Question #7 Changing frequency of Charter Review Committee fi'om 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 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. (j)