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HomeMy WebLinkAbout02142011CRC1. Chairperson Louise Kautenburg called the meeting to order at 6:05 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Bob Daberkow John Danise Adrina Davis Linda DeSanctis Ed Dodd Dan Dragonetti Jeanne Hill Louise Kautenburg, Chair Janet Kennedy Donna Keys absent (excused) Mary McGee Bob McPartlan Carolyn Sartain- Anderson Ruth Sullivan Bob Zomok, Vice Chair Staff Present: City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams 4. APPROVAL OF MINUTES A. January 3, 2011 SEBASTIAN HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MEETING MINUTES MONDAY, FEBRUARY 14, 2011 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA MOTION by Adrina Davis and SECOND by Linda DeSanctis to approve the January 3, 2011 minutes carried unanimously on a voice vote. Charter Review Committee Meeting February 14, 2011 Page Two 5. NEW BUSINESS A. Review Each Members' Recommendations and Create Priority List (Memo, Charter) Chairperson Kautenburg described the process whereby the committee reviews the Charter, comes up with their recommendations for Charter provision additions or deletions and ultimately recommend to Council, which has the final decision as to what will appear on the ballot. She said the questions should be in an understandable format, carefully explain the purpose of the amendments without going into territory that takes four pages of explanation. The City Attorney advised that, depending on timing, he may reserve the right to wait until Council has the recommendation from the Committee before them and decides what issues to bring forward to prepare the ordinances, or, with time permitting he may provide the specific questions to the Committee for review. He explained that charter amendment questions may have no more than 15 words in the title and 75 words of summary explanation on the ballot. Chairperson Kautenburg noted that Vice Chairman Zomok had provided his list of priorities in writing (see attachment A). She then asked if anyone else had written comments, and since no one did, she asked the Committee to go around the table and have each member list the sections which they felt needed adjustment. Mr. Zomok's sections were 2.01, 2.04, 2.12 and 3.04. Mary McGee suggested there be no special elections in the event of a Council vacancy due to the high cost and have only general elections. She cited Section 2.08, Vacancies; forfeiture of office; filling of vacancies. Ed Dodd listed Section 3.03 Removal [of Charter Officer], and Division 2. Section 3.06 Police Department, noting that the Police Chief is not a charter officer, and questioned the need for that section. Carolyn Sartain- Anderson said this has been a wonderful learning experience and thanked Mr. Wolff for her appointment. She suggested that this committee meet every four years instead of every five years, Section 5.03 Charter Review Committee. She said Section 2.06 Mayor and City Manager duties, Section 3.04 City Manager; powers and duties. as well as removal of any officer, Section 3.03 Removal. Linda DeSanctis listed Section 2.03 Election and 2.04 Terms. Bob Daberkow listed 2.03 Election, 2.04 Terms, 2.05 Compensation; expenses, and 5.03 Charter review committee, recommending it be every four years rather than every five years. Bob McPartlan listed 2.01 Composition and 2.05 Compensation; expenses and suggested tweaking Articles 3 and 5. 2 Charter Review Committee Meeting February 14, 2011 Page Three John Danise, said in his review he saw the Charter as a cumbersome document and wondered if it could it be simpler. He said he felt special elections were a waste of money, said he would like to hear comments from the Charter officers, and suggested inviting the public for input. Janet Kennedy listed Section 2.05 Compensation; expenses, and questioned the need for special elections. Adrina Davis suggested the repeal of the reference in Section 1.02 (1) to poorhouses, and in 1.02 (6) Dairies and stock. He said he was against special elections, thought the Mayor should be elected by the people, and that we should keep the Police Chief as a charter officer. Ruth Sullivan said the sections she had concerns about had already been listed. Mr. Dragonetti said he served on the last Charter Review Committee and had no other concerns at this time. Jeanne Hill said the section she had concerns about had already been listed. The City Clerk cited the difference in election costs for odd and even numbered year elections, noting the 2009 election cost approximately $34,000 and 2010 approximately $7,000, and any consideration of going to even numbered year elections would affect Sections 2.03, Election, 2.04 Terms, and 2.06 Mayor; vice mayor, and for Sections 2.04 (b) and 4.08 (c) she and the City Attorney had discussed moving forward the time for swearing in because of Supervisor of Elections schedule for certification of results which could cause a conflict. She also cited Sections 2.14 Codes of technical regulations and 2.15 (b) codification maintenance of paper records citing electronic means are available, Section 4.04 Special election for other purposes which is affected by the Supervisor of Elections schedule under Statutes, and Section 4.12 Election procedures; tie vote suggesting perhaps going back to deciding ties by lot instead of special election which is the way the City used to do it, that by lot is what is currently set out in Florida Statutes and it would save costs. The City Attorney said there are repetitive portions of the Charter and we can delete duplicate references, said if they eliminate special elections, every odd numbered year is a special election and they would have to consider only even numbered year elections which are general elections and term length would have to be considered. He said Section 2.08 (c) Vacancies; forfeiture of office; filling vacancies needs to be rewritten, Section 2.09 Judge of qualifications should be deleted; and cited conflict between Section 2.10 City council employee relationship and Section 2.11 Investigations. He also said that the Committee can recommend that reserved numbers be eliminated and the Charter renumbered, or generally cleaned by one question. In response to Mary McGee, the City Attorney noted that 2.15 (b) cites copies available for free when in fact there is a cost involved, and in 2.15 (c) prices are fixed by City Council and it needs to be one or the other. He said in reference to 3.03 (b) removal of Charter officers that it can be removed but it is a policy issue. He also cited 4.13 Conduct of candidates for election office, which may need to follow decisions they make on other sections. Ms. Kautenburg said in some cities which do not have an elected Mayor the title is changed to Chairman. 3 Charter Review Committee Meeting February 14, 2011 Page Four B. Begin Review of Entire Charter In Order By Sections Focusing on Priority List Sections listed for further discussion: 1.02 (1) poor houses 1.02 (6) Dairies and stock 2.01 Composition 2.03 Election 2.04 Terms 2.05 Compensation; expenses 2.06 Mayor; vice mayor 2.08 Vacancies; forfeiture of office; filling of vacancies. 2.09 Judge of qualifications 2.10 City council employee relationship conflict with 2.11 2.11 Investigations 2.12 Procedure 2.14 Codes of technical regulations 2.15 (b) codification 2.15 (c) printing of ordinances and resolutions 3.03 Removal [of Charter Officer] 3.04 City Manager; powers and duties 3.06 Police Department 4.04 Special election for other purposes 4.08 (c) [Monday special meeting may change] 4.12 Election procedures; tie vote 4.13 Conduct of candidates for election office 5.03 Charter Review Committee 2.01 Composition Leave As Is Ms. Kautenburg recommended going to seven members rather than five to alleviate tie vote issues and following discussion of the matter and advice from the City Attorney on the outcome of a tie vote and Section 2.12 which requires affirmative vote of three members to approve an item, there was no other support for the change to a seven member Council. 2.02 Eligibility Leave As Is This item was deemed to be sufficient after the City Attorney advised it was written correctly. 2.03 Election and 2.04 Terms Will have further discussion Discussion took place on whether elections should take place every other year based on cost, whether people would support it, whether there is a need for term limits, how terms could be rotated, and the need to hear from the public. The City Attorney advised that the report the committee provides to Council will be public information. Ms. Kautenburg asked if it was legal for the City to promote an issue and the City Attorney said it was 4 Charter Review Committee Meeting February 14, 2011 Page Five legal as of a recent law change. As to 2.04(b) this will have further discussion due to the State certification schedule and the awkwardness of the current procedures. 2.05 Expenses Will have further discussion Following some discussion it was decided to discuss this further and the Chairperson advised members to go out and talk to others and get their input, though not each other. 2.06 Mayor; vice mayor— will have further discussion Discussion took place on Ms. Kautenburg's suggestion to change "mayor" to "chairman" and there was no support for that. Bob Zomok had suggested language from the model charter which allows a means to judge mayor, and vice -mayor performance. Ms. Kautenburg said the City Manager's duties were also mentioned. A brief discussion followed on listing duties, allowing flexibility and assessing performance. 6. At 7:37 p.m., Mr. Davis made a MOTION to adjourn the Charter Review Committee meeting with a SECOND by Ms. McGee. Motion carried. Ms. Kautenburg encouraged the committee members to talk to the public about these proposals to receive feedback and asked the City Clerk to send out a list of the Charter sections that members asked to be reviewed. (see attachment B) Approved at the March 14 2011 Charter Review Committee meeting. J Louise Kaut- burg, Chairman AT Sally A. M MMC City Clerk 5