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HomeMy WebLinkAbout05262011CRC2 3 4 5 �� � HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MEETING MINUTES THURSDAY, MAY 26, 2011 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Chairperson Louise Kautenburg called the meeting to order at 6:04 p.m. The Pledge of Allegiance was recited. ROLL CALL Present: John Danise Linda DeSanctis Jeanne Hill Louise Kautenburg, Chair Mary McGee Bob McPartlan Carolyn Sartain-Anderson Ruth Sullivan Bob Zomok, Vice Chair Staff Present City Manager AI Minner City Attorney Bob Ginsburg City Clerk Sally Maio APPROVAL OF MINUTES A. Mav 12, 2011 Meetinq Absent: Adrina Davis (excused) Bob Daberkow (excused Dan Dragonetti (excused) Ed Dodd (excused) Janet Kennedy (excused) MOTION by Mr. Zomok and SECOND by Ms. DeSanctis to approve the May 12, 2011 minutes passed on a voice vote. CONDUCT PUBLIC HEARING ON PROPOSED CHARTER CHANGES (Charter with Recommended Changes in Legislative Format) Chairperson Kautenburg opened the public hearing and explained its purpose. She noted that the recommended changes in legislative format were available at the back of the room. She then went through the recommendations and explained purpose. Sections 1.02 (6) Extraterritoral Powers The Chair said this was to remove outdated language such as "poor houses, dairies, stock, and slaughterhouses". There were no requests to provide input. Charter Review Committee May 26, 2011 Page Two Sections 2.03 Election The Chair noted the committee recommends replacing all of 2.03 with a new 2.03 to provide for four year terms, elections in even numbered years and term limits of two consecutive terms. There were no requests to provide input. 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. There were no requests to provide input. Section 2.06. Mavor; vice mavor. The Chair noted that the word "special" would have to be stricken to coincide with the 2.04 change. There were no requests to provide input. Section 2.08 Vacancies� forfeiture of office; fillina of vacancies The Chair said the committee recommended removing existing paragraph (c) and replacing it with a new paragraph (c) to clear up language in regard to filling vacancies on Council. The City Attorney also noted the addition of a new paragraph (d) to provide for filling a vacancy in candidacy as required by Florida law. There were no requests to provide input. Section 2.09 Judqe of qualifications The Chair said the committee recommends deleting the existing 2.09 and replacing it with a new 2.09 to give authority to the elections division, elections commission or the courts to judge the qualifications. There were no requests to provide input. Section 2.11 Investiqations The Chair said the committee recommends striking the last sentence because Council is not allowed to direct employees. There were no requests to provide input. Section 3.03 Removal of Charter officers The Chair said the committee recommends amendment to paragraph (a) to provide removal of Charter Officers with or without cause by a majority of the entire council and remove paragraph (b) which set out procedures for removal. There were no requests to provide input. Section 4.07 Elections how arranqed; inspectors and clerks The Chair said the Committee recommends removing the entire paragraph because some of its provisions are already addressed in earlier sections, and to comply with Florida law. There were no requests to provide input. Section 4.08 City canvassinq board: canvass of election returns The Chair said the Committee recommends removing paragraph (c) to coincide with earlier recommended changes that set out language providing for when swearing in is to take place (2.04). There were no requests to provide input. Section 4.12 Election procedures; tie vote The Chair said the Committee recommends replacing run-off elections with the drawing of lots in accordance with State law. There were no requests to provide input. (may also need correction to paragraph (a) which references two year terms) � Charter Review Committee May 26, 2011 Page Three Section 4.13 Conduct of candidates for election office The Chair said the Committee recommends the removal of the entire section 4.13 to comply with Florida law. No one from the audience had any comments or questions, so Chairperson Kautenburg closed the public hearing at 6:15 p.m. 6. FORMULATE FINAL RECOMMENDATION TO PRESENT TO CITY COUNCIL ON JUNE 8. 2011 The Chair asked if the Committee would like to reconsider whether to delete the outdated language in 1.02 because it might unnecessarily add more to the ballot. Mr. Zomok asked what the next step wouid be, and the City Attorney responded that the committee decides on its final recommendation, the Chair reports to Council on June gth, City Council discusses the recommendation of the committee or any other changes Council would like to make and it is expected they will direct the City Attorney to prepare ordinances to come back to Council for placement on the ballot. Mr. Zomok asked if there will be an ordinance and rationale for each recommendation. The City Attorney said there would not be rationale provided, only ordinances. Ms. Kautenburg said when the recommendation is presented Council will question their reasons and they will discuss each one. Mr. Zomok asked how anticipated questions are to be answered and the City Attorney said he will respond to their questions. Mr. Zomok recommended including written answers to anticipated questions with the recommendation. Ms. Kautenburg said she will rely on her memory and notes. The City Clerk noted that Council has received all of the committee's minutes since the committee started. Mr. Zomok said if the committee starts taking things out now, it may have the effect of Council not being able to take out other things. Mrs. Sullivan said, in her opinion, the committee had already voted, and their recommendation could no longer be changed. Mr. Danise said he thought the committee could make a final recommendation, but would rather not and felt that Ms. Kautenburg could handle making the recommendation, noting the document showing the changes has more than we need. Ms. Sartain-Anderson said the committee had put a lot of work in this and should move it all forward. Ms. Kautenburg said she was seeing a consensus to move all the recommendations forward. She then asked the City Attorney how some peculiar sentences and some grammatical errors could be corrected. He responded that he could correct things that are strictly non-substantive, noting there are some areas that have awkward sentence structure. He said he would do this during the first or second reading of any ordinances, all the way to the final exact wording on the ballot. He noted the specific charter amendments are included in each adopting ordinance. Charter Review Committee May 26, 2011 Page Four He said if the vote on the amendments is affirmative, the Charter will read much more smoothly than it currently reads. He also noted he will make no further substantive changes unless directed by City Council. Chairperson Kautenburg encouraged committee members to attend the Council meeting on June 8th and said she really appreciated the work of the committee. The Clerk noted that in accordance with a Code provision on this committee, one more meeting is required to formally disband after Council has acted upon the recommendations. She suggested that maybe that language needs to be looked at for change down the road but would not be a Charter amendment, only a Code amendment. 7. Being no further business and no requirement for a motion, Chairperson Kautenburg adjourned the meeting at 6:30 p.m. Approved at the August 10, 2011 Charter Review Committee meeting. ��_���2,cc� ,_uJJ� Louise Kaute burg, Chairma ATT ST� � !"'�. Sally A. Mai , MMC — ity Clerk �