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HomeMy WebLinkAbout2010-03-08 Charter Review Board Minutes MINUTES DANIA BEACH CHARTER REVIEW BOARD MONDAY, MARCH 8, 2010 – 6:00 P.M. 1. Call to Order/Roll Call Chairman Kurt Ely called the meeting to order at 6:03 p.m. Present: Kurt Ely Pat Flury Lisa Duke Ruth White Mimi Donly Bob Adams Patrick Phipps Patricia Tyra Pat Rafacz Joe Van Eron Tom Ansbro, City Attorney Louise Stilson, City Clerk 2. Approval of minutes from February 22, 2010 Bob Adams motioned to approve the minutes; seconded by Pat Rafacz. Pat Tyra requested the minutes reflect that Kurt Ely requested an excused absence due to illness. Bob Adams motioned to approve the minutes as amended; seconded by Pat Rafacz. The motion passed unanimously. 3. City Attorney items for review 3.1 City Manager Bob Adams questioned this sentence: “Any person who does not meet the foregoing minimum requirements and qualifications may be appointed as city manager, but such appointment shall require a four-fifths (4/5) vote of the city commission.” He noted the board recommended that any person appointed as city manager receive a 4/5 vote, so this sentence should be changed to reflect that a unanimous vote is required if the person only meets the minimum requirements. Bob Adams motioned to change the wording to require a unanimous vote if the person only meets the minimum requirements; seconded by Pat Flury. The motion passed 9-1, with Joe Van Eron voting no. Pat Flury noted that the duties of the city manager should remain in the charter because they could be easily changed at will if they are in an ordinance. City Attorney Ansbro noted he will revise the section to include “and those specified in Section 2 below.” Minutes of Meeting Dania Beach Charter Review Board Monday, March 8, 2010 – 6:00 p.m. 2 Pat Flury motioned that the duties of the city manager remain in the charter; seconded by Bob Adams. The motion passed unanimously. City Attorney Ansbro noted that (j) is currently being revised at the request of the Finance Director. He will check to see if this requires a referendum vote. Ruth White pointed out a typo in the last sentence, “an employment contract.” 3.2 Ethics Ordinance Lisa Duke questioned if “Advisory Board Member” should be included. Bob Adams noted that not all boards are advisory boards. City Attorney Ansbro explained some boards are governed by state statute. He noted that he would include “board members” in the revision. The board unanimously concurred to the revision. 3.3 Advisory Boards Lisa Duke questioned if all boards should adopt their own by-laws. City Attorney Ansbro responded it is not necessary, but they should. He noted that not all boards have by-laws. Pat Flury noted that by-laws would provide direction for the boards. Bob Adams commented that by-laws are unnecessary, and questioned the proof of residency requirement for board appointments. The board discussed the pros and cons of resident versus business owner as board members, as well as seasonal residents. They also discussed ad hoc and ex-officio non-voting members. City Attorney Ansbro will remove the reference to adopting by-laws. He will bring back options at the next meeting for resident/business owner/seasonal residents. The board discussed whether the City Attorney, City Manager, Building Official, and Chief Planning Official should be required to attend all Planning and Zoning Board meetings. City Attorney Ansbro will revise the wording to include that the City Attorney and Chief Planning Official shall attend the meetings. He will bring the revision forward at the next meeting. City Attorney Ansbro proposed deleting Article II Planning and Zoning Board of Chapter 19, Code of Ordinances in its entirety. Minutes of Meeting Dania Beach Charter Review Board Monday, March 8, 2010 – 6:00 p.m. 3 Bob Adams motioned to eliminate Article II Planning and Zoning Board of Chapter 19 in its entirety; seconded by Mimi Donly. The motion passed unanimously. 3.4 Cemeteries City Attorney Ansbro proposed deleting Section 4, “Cemeteries” of Article 3, Powers of the City of Dania Beach Part I, “the Municipality of the City of Dania Beach” of the charter, and convert it to an ordinance. Pat Rafacz motioned to accept the City Attorney’s proposal; seconded by Bob Adams. The motion passed unanimously. 3.5 City Boundary Map City Attorney Ansbro proposed deleting 53 pages of legal descriptions and substitute with: The corporate boundaries of the City of Dania Beach are those which exist and are in effect upon the date of adoption of this Section. An official map of the City of Dania Beach depicting the boundaries as they exist upon the date of adoption of this Section and as they may be subsequently amended shall be maintained by the City Clerk. A legal description of the boundaries appears in Exhibit “A”, a copy of which shall be maintained by the City Clerk. The board discussed whether the map should be included in the charter. They requested the City Clerk provide a map, as it would appear in the charter, at the next meeting. Lisa Duke noted that the city map is currently available on the city website, and the Supervisor of Elections also has precinct maps available that delineate the city boundaries. Bob Adams motioned to accept the City Attorney’s proposal; seconded by Pat Rafacz. The motion carried 9-1, with Pat Tyra voting no. 4. Review of City Charter – Part I Charter and Related Laws The board discussed numbering the pages. They decided that page 1 would begin at Part I Charter and Related Laws, and would continue throughout the document, including the 53 pages of legal descriptions. 5. Select agenda items for March 22 meeting The board will review the City Attorney’s items and begin review of the City Charter. 6. Adjournment Chairman Ely adjourned the meeting at 7:04 p.m. Approved: March 22, 2010