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3. ROLL CALL
HOME OF PELICAN ISLAND
CHARTER REVIEW COMMITTEE MEETING
PUBLIC HEARING
MINUTES
THURSDAY, MAY 12, 2011 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Chairperson Louise Kautenburg called the Charter Review Committee Meeting to
order at 6:00 p.m.
2. The Pledge of Allegiance was recited.
Present:
Bob Daberkow
John Danise
Dan Dragonetti
Ed Dodd
Louise Kautenburg
Janet Kennedy
Mary McGee
Bob McPartlan
Carolyn Sartain Anderson
Ruth Sullivan
Staff Present
City Manager Al Minner
City Attorney Bob Ginsburg
City Clerk Sally Maio
Recording Secretary Jeanette Williams
Absent:
Adrina Davis (excused)
Linda DeSanctis
Jeanne Hill (excused)
Bob Zomok
Council Members Present
Vice Mayor Don Wright
Council Member Eugene Wolff
4. APPROVAL OF MINUTES
A. April 26, 2011 Meeting
MOTION by Mr. Daberkow and SECOND by Mr. Dragonetti, to approve the April
26, 2011 minutes passed with a voice vote of 10 -0.
Charter Review Committee Meeting
May 12, 2011
Page Two
5. CONDUCT PUBLIC HEARING ON PROPOSED CHARTER CHANGES
(Charter with Recommended Changes in Legislative Format, Public Hearing Display Ad
from 5/5/11)
Ms. Kautenburg (Chair) opened the public hearing at 6:03 pm and explained the purpose
of the Charter, referring to it as a living document, and discussed the requirement for its
periodic review. She said the proposed changes were highlighted on copies of the
Charter available at the back of the room.
Mr. Danise said he felt uncomfortable with calling it a living document as we review this
every five years and if the citizens agree, we change our rules; the Charter is a
document we live by.
The Chair went over the following changes and advised the public to raise their hands to
be recognized if they had any input to provide:
Sections 1.02 Extraterritoral Powers
The Chair said the Committee desired to remove references to "poor houses, dairies,
stock, and slaughterhouses There were no requests to provide input.
Sections 2.03 Election
The Chair said the Committee recommended changing the elections by replacing
sections A and B with new language to elect Council members for four year terms in
even numbered years with a term limits to allow them to become more proficient in their
role and reduce the time spent campaigning. She invited the public to provide input but
there was none.
Section 2.04 Term of Commencement
The Chair said the Committee recommended the new Council members be sworn in
immediately prior to the first regularly schedules meeting held at least seven days
following the general election.
Section 2.08 Vacancies; forfeiture of office; filling of vacancies
The Chair read the revised language as attached to the minutes:
The City Attorney requested to add a new paragraph (d) which is language required by
Florida law and should be in the same place as for filling vacancies on the Council,
which in this case is the Charter. He said it would provide that when the number of
legally qualified candidates is fewer than the number of seats open for election, the new
Council shall fill the vacancy in the same manner filling a vacancy on Council. The Chair
added their objective was to stay within the laws of Florida.
MOTION by Mr. Danise and SECOND by Ms. McGee to add section (d) to Section
2.08 passed with a voice vote of 10 -0.
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Charter Review Committee Meeting
May 12, 2011
Page Three
Louise Kauten. rg, Chairman
ATTE
Section 2.09 Judge of qualifications
The Chair said this section would be amended so that the Division of Elections, Florida
Elections Commission or the courts shall determine issues relating to the election and
qualifications of Council and of the grounds for forfeiture of their office.
Section 2.11 Investigations
The Chair said the sentence that any person who fails or refuses to obey a lawful order
issued in the exercise of these powers by the Council shall be guilty of a misdemeanor
would be removed, since Council is not allowed to direct employees.
Section 3.03 Removal of Charter officers
The Chair explained this section was to be changed to say that any charter officer may be
removed from office with or without cause by a majority vote of Council, and removes
specific procedures therefor.
Section 4.07 Elections how arranged; inspectors and clerks
The Chair said the Committee recommended removing the entire paragraph.
Section 4.08 City canvassing board; canvass of election returns
The Chair said the Committee recommended removing paragraph C because the
recommended change to Section 2.04 provides the time for swearing in new Council
members.
Section 4.12 Election procedures; tie vote
The Chair said the Committee recommended replacing run -off elections with the drawing
of lots in accordance with State law.
Section 4.13 Conduct of candidates for election office
The Chair said the Committee recommended the removal of the entire section.
No one from the audience had any comments or questions, so Chairperson Kautenburg
closed the public hearing at 6:22 p.m.
6. COMMITTEE DISCUSSION
None.
7. Being no further business, Chairperson Kautenburg adjourned the Charter Review
meeting at 6:22 p.m.
Approved at he May 26 2011 Charter Review Committee meeting.
Sally A. Mai MMC City Clerk
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