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HomeMy WebLinkAbout04262011CRC3. ROLL CALL Present: Bob Daberkow John Danise Adrina Davis Linda DeSanctis Ed Dodd Jeanne Hill Louise Kautenburg Mary McGee Bob McPartlan (6:10 pm) Carolyn Sartain- Anderson Bob Zomok Absent: Dan Dragonetti Janet Kennedy (excused) Ruth Sullivan (excused) 4. APPROVAL OF MINUTES 5. PUBLIC INPUT None. 6. OLD BUSINESS OTY(Y HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MEETING MINUTES TUESDAY, APRIL 26, 2011 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Chairperson Louise Kautenburg called the meeting to order at 6:05 p.m. 2. The Pledge of Allegiance was recited. A. April 11, 2011 (Draft Minutes) MOTION by Mr. Daberkow and SECOND by Ms. DeSanctis to approve the April 11, 2011 minutes passed on a unanimous voice vote. A. Review Recommended Changes (Excerpts of March and April Minutes Showing Action Taken) Ms. Kautenburg suggested going through each section the Committee had set out as priority and review the action taken on each. Sections 1.02(1) and (6) Remove references to "poor houses "dairies" and "slaughterhouses Charter Review Committee Meeting April 26, 2011 Page Two MOTION by Ms. Sartain- Anderson and SECOND by Mr. Dodd to affirm those changes passed on a unanimous vote. Sections 2.03 2.04 Chairperson Kautenburg cited prior action to go to even numbered year elections and four year terms. Mr. McPartlan arrived at 6:10 pm. Mr. Dodd suggested adding term limits if we shift to four year terms, further suggesting the language be two "consecutive" terms. Ms. Kautenburg said she believed that each election is an automatic term limit for elected officials based on voter preference. Ms. DeSanctis agreed with her and said hopefully people will be more careful with their votes if we go to four year terms. Ms. Sartain- Anderson said she was not for four year terms. Mr. Zomok said the term limits builds in a fail safe to the process, noting in recent years there has been a grass roots effort for term limits and he supported it. Mr. Danise said grass roots efforts have brought about good things, but have not always helped republics. MOTION by Mr. Dodd to add two consecutive term limits to the question. Ms. Kautenburg asked him whether he was recommending adding that language to the same question as the four year terms and even numbered year elections or keeping it as a separate question. He confirmed that it was his intent to add it to the original question. Mr. Dodd said he was not in favor of four year terms but since the committee had already voted on four year terms and even year elections it could not be changed. He said four years is sufficient time for people to get entrenched in politics, noting that if you make someone mad in July you don't get re- elected. Mr. Zomok SECONDED the motion at this time. Mr. Davis noted that this needs to be accepted by City Council. Mr. McPartlan asked if the term limits would affect individuals currently on City Council. The City Attorney said this was a good point, but that no one currently on Council has been elected for a four year term, and the language will read that the limit is for two consecutive four year terms. He noted that if the term question passes, individuals running in 2011 will sit for three years to create the staggered terms. Ms. McGee asked for clarification that no one could hold office for more than eight years consecutively. The City Attorney there could be a problem where if someone resigned the day before their last day in office, then they would be eligible for another four year term. 2 Charter Review Committee Meeting April 26, 2011 Page Three Ms. Kautenburg asked for a roll call on the motion. Bob Daberkow nay John Danise nay Adrina Davis nay Linda DeSanctis aye Ed Dodd aye Jeanne Hill aye Louise Kautenberg nay Mary McGee nay Bob McPartlan aye Carolyn Sartain- Anderson aye Bob Zomok aye Motion to add two consecutive terms to the question passed 6 -5. Mr. Dodd asked if this is voted on in November will it be in effect at this election, and Ms. Kautenburg asked what if someone is filling a vacant position, will they get partial and two consecutive terms. The City Attorney responded yes. Ms. Kautenburg said we also talked about changing the meeting for the swearing in for this section, and other sections where it occurs, to the first regular meeting held at least two weeks after the election. There was no further change to that prior decision. The City Attorney asked the members when they will discuss what they want to clarify if they want it in a single question or multiple questions, for instance did they want the term limits part of the four year term question. Ms. Kautenburg said we want it all together, if we don't have four year terms we don't care about limits, and Mr. Dodd confirmed his motion was for the term limits to be tied to the four year term and even year election question. Mr. Danise asked if Council can take only part of what they recommend and the City Attorney said yes. Section 2.05 Compensation; expenses No changes to this section. Section 2.06 Mayor; vice mayor No changes to this section. Section 2.08 Vacancies; forfeiture of office; fillinq of vacancies The City Attorney said he had provided language at the last meeting and read it again into the record (see attached). Mr. Dodd questioned why the new language referred the next "countywide" election, and asked if the four year term question did not go through, would this present a problem 3 Charter Review Committee Meeting April 26, 2011 Page Four and do we need to change the language. The City Attorney said it could be changed to "citywide" instead of "countywide" and that would take care of either situation. Section 2.09 Judge of qualifications Ms. Kautenburg noted the committee had decided to delete 2.09. Mr. Dodd suggested using the language provided by the City Attorney at the last meeting (see attached), and the City Attorney recommended using that newly provided language which provides positive language rather than just deleting 2.09. MOTION by Mr. Danise and SECOND by Mr. Dodd to accept the new language for 2.09 passed on a unanimous voice vote. Section 2.10 City council employee relationship conflict with 2.11 Section 2.11 Investigations Ms. Kautenburg noted the Committee had agreed to remove the last sentence in 2.11, and Mr. Zomok read the sentence aloud. Ms. Kautenburg clarified it is being deleted because the City Council cannot lawfully give an order. Mr. Daberkow asked how we will write this so the public understands, and the City Attorney said writing this is not going to be easy, charter language needs to be written, reviewed and written again and takes some time. Mr. Zomok asked at what meeting they will look at the proposed language, and Ms. Kautenburg said after we make our recommendation to Council, Council will decide on the language, but as members of the public we are able to address City Council. Mr. Dodd said if Council can conduct an investigation, does it take teeth away by eliminating the subpoena power. The City Attorney explained that if someone refuses a subpoena, it becomes a court order, and reiterated that City Council can only give direct orders to a Charter Officer so how could they give a lawful order to anyone else, and said to Mr. Davis, who questioned whether refusal of a Council subpoena can be taken to court, that anything can be taken to court. It was confirmed to delete the last sentence in 2.11 as previously recommended. Section 2.12 Procedure Section 2.14 Codes of technical regulations Section 2.15 (b) codification and 2.15 (c) printing of ordinances and resolutions No changes to these sections. Section 3.03 Removal [of Charter Officerl It was confirmed that paragraph (b) would be deleted as previously recommended. Section 3.04 City Manager; powers and duties No changes to this section. 4 Charter Review Committee Meeting April 26, 2011 Page Four Section 3.06 Police Department No changes to this section. Section 4.04 Special election for other purposes No changes to this section. Sec. 4.07. Elections -How arranged; inspectors and clerks. No change to previous action to remove this section in its entirety. Section 4.08 (c) [Monday special meeting may change' No change to previous action to change the time of the swearing in meeting to the first regular meeting held at least two weeks after the election. Section 4.12 Election procedures; tie vote No change to previous action to go to lot rather than special election for tie votes in accordance with Florida law. Section 4.13 Conduct of candidates for election office No change to previous action to delete this section in its entirety. Section 5.03 Charter Review Committee No changes to this section. Ms. Kautenburg said the next issue is the public hearings, unless someone comes up with something phenomenal. Ms. McGee said she would like to see the recommended language provided at the hearings, and the City Clerk said if she received it from the City Attorney it would be provided at the back table. Ms. Kautenburg said it should be, "what it was, and what it will be" if possible. Ms. McGee asked that it also include why the change is being recommended. Mr. Dodd said the thing to do is take what the public says and go forward from there. The City Clerk asked the Committee if they would like the hearings televised. After some discussion they agreed to televise the hearings for the sake of outreach to the public. The City Clerk said the Committee, under the terms of the Code, must meet one more time after Council action and then disperse as a Committee, so will need to schedule one more meeting after July. She said after looking at the calendar, she will get with the City Attorney and send an email out with available dates. It was noted the public hearings will be advertised and held on May 12 and May 26 5 Charter Review Committee Meeting April 26, 2011 Page Four 7. NEW BUSINESS None. 8. Being no further business, Chairperson Kautenburg adjourned the meeting at 7:00 p.m. Approved at the May 12, 2011 Charter Review Committee meeting. Chairman 2 L. uise Kautenburg ATTE Sally A. Mai The City Attorney advised that in his experience, members of the governing body and City Manager have been invited to attend Charter Review Committee meetings, and after some discussion and concurrence, the Clerk said she would send out an invitation for the first hearing, May 12`" Discussion took place on time limits for the hearing, and Ms. Kautenburg said she is the Chair and will control the input time, and confirmed that recommended changes will be available on the back table for the public. MMC City Clerk 6