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HomeMy WebLinkAbout2010-02-08 Charter Review Board Minutes MINUTES DANIA BEACH CHARTER REVIEW BOARD MONDAY, FEBRUARY 8, 2010 – 6:00 P.M. 1. Call to Order/Roll Call Vice-Chairman Pat Flury called the meeting to order at 6:04 p.m. Present: Joe Van Eron Pat Flury Lisa Duke Ruth White Mimi Donly Bob Adams Patrick Phipps Patricia Tyra Pat Rafacz Tom Ansbro, City Attorney Louise Stilson, City Clerk Absent: Kurt Ely (unexcused) 2. Approval of minutes from January 25, 2010 Bob Adams motioned to approve the minutes; seconded by Pat Rafacz. The motion passed unanimously. 3. Discussion Items 3.1 Ethics Board – City of Deerfield Beach Code of Ethics Ordinance City Attorney Ansbro noted this does not need to be included in the charter because it is already covered by State Statutes. He suggested the charter cite that the commission shall adopt an ethics code by ordinance. The board members concurred that they liked the idea of an ethics code. Bob Adams motioned to recommend that a requirement to establish a code of ethics for elected and appointed officials be cited in the charter; seconded by Mimi Donly. Pat Tyra offered a substitute motion to include the language that the commission may appoint an ethics board; seconded by Patrick Phipps. The motion failed on a 3-6 vote, with Joe Van Eron, Pat Tyra and Patrick Phipps voting yes. City Attorney Ansbro clarified that the ordinance could include the language that the commission may establish an ethics board. The language does not need to be included in the charter. Minutes of Meeting Dania Beach Charter Review Board Monday, February 8, 2010 – 6:00 p.m. 2 The motion to recommend that a requirement to establish a Code on Ethics for elected and appointed officials be included in the charter passed unanimously. 3.2 Cemeteries – language review City Attorney Ansbro clarified that the City Commission is the Board of Trustees for the cemetery. He recommended removal of this section and creation of an ordinance. Lisa Duke noted that she would like a professional opinion from the City Attorney as to what should be removed from the charter. City Attorney Ansbro responded it is inappropriate for him to tell the board what to remove from the charter because they are the Charter Review Board and this is their assignment. He noted he would make recommendations as soon as the board begins to review the charter from the beginning. Vice-Chairman Flury agreed with the City Attorney’s comments. City Attorney Ansbro suggested getting direction from the commission on the board’s top 10 items. The board had concerns with a 2-2 vote by the commission until after the election. They decided not to meet with the commission until after the election. Pat Tyra motioned to remove the section on cemeteries from the charter, and replace it with the creation of an ordinance; seconded by Bob Adams. The motion passed unanimously. 3.3 Advisory Boards – in/out of Charter City Attorney Ansbro noted that advisory boards do not need to be included in the charter. He noted that they are currently created by resolution. He indicated the charter should state that the commission shall appoint advisory boards, as needed by resolution. City Attorney Ansbro recommended that the Planning & Zoning Board and Charter Review Board remain in the charter. Bob Adams questioned if the authority of the Planning & Zoning board should be expanded. Lisa Duke pointed out that this is currently in the works for small scale land use amendments. Bob Adams motioned to recommend that advisory boards, with the exception of the Planning & Zoning Board and Charter Review Board, be removed from the charter; seconded by Mimi Donly. The motion passed unanimously. Bob Adams questioned if there should be a sunset clause for all boards. This is not a charter item, but will be included on the list of items to discuss with the city commission. 3.4 City of Hollywood Charter Review Board Recommendations Minutes of Meeting Dania Beach Charter Review Board Monday, February 8, 2010 – 6:00 p.m. 3 Mimi Donly noted that the Hollywood charter has a lot of good points and we might want to adopt some of their wording. She noted that she likes section 2.05, voting conflicts. City Attorney Ansbro noted that the State Statutes covers voting conflicts. He indicated that elected officials can attend training to become educated on several issues, including ethics and voting conflicts. Vice-Chairman Flury questioned if there should be a requirement for elected officials to attend the Institute for Elected Municipal Officials (IEMO). Bob Adams motioned that upon assumption of elected office, all elected officials shall be required to attend the next available IEMO training; seconded by Pat Rafacz. The motion passed unanimously. Mimi Donly noted the current provision to fill vacancies on the city commission is too narrow and should be revised. Bob Adams motioned that in the event of a vacancy on the city commission, the remaining commissioners shall, within 60 days of the seat being vacated, appoint someone to fill the seat until the next city election; seconded by Mimi Donly. The motion passed unanimously. 4. Select agenda items for February 22, 2010 meeting Vice-Chairman Flury requested the next agenda include every issue highlighted by the board as being important, including primary and secondary items. She questioned how we start getting into the actual review of the charter. City Attorney Ansbro responded by turning the pages, starting at the beginning. Lisa Duke noted that Sam Goren recommended that the city manager give his thoughts and recommendations on the provisions that affect his ability to manage our city. City Attorney Ansbro will ask the city manager to attend the next meeting. Vice-Chairman Flury noted she only wants suggestions based on his prior experiences that he might like to see incorporated into our charter. Vice-Chairman Flury requested the agenda be sent out early in order for the board members to be prepared for the next meeting. 5. Adjournment Vice-Chairman Flury adjourned the meeting at 7:24 p.m. Approved: February 22, 2010