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Home My WebLink About2010-03-22 Charter Review Board Minutes MINUTES DANIA BEACH CHARTER REVIEW BOARD MONDAY, MARCH 22, 2010 – 6:00 P.M. 1. Call to Order/Roll Call Chairman Kurt Ely called the meeting to order at 6:00 p.m. Present: Kurt Ely Pat Flury Lisa Duke Ruth White Mimi Donly Bob Adams Patrick Phipps Patricia Tyra – arrived at 6:30 p.m. Pat Rafacz Tom Ansbro, City Attorney Louise Stilson, City Clerk Absent: Joe Van Eron (excused) Pat Rafacz motioned to excuse the absence of Joe Van Eron, due to illness; seconded by Bob Adams. The motion passed unanimously. 2. Approval of minutes from March 8, 2010 Bob Adams motioned to approve the minutes as presented; seconded by Pat Rafacz. The motion passed unanimously. 3. City Attorney items for review 3.1 City Manager City Attorney Ansbro noted he revised the section to include the recommendations of the board. He clarified that the requirement for a unanimous vote of the city commission to hire a city manager who does not meet the minimum requirements is included in Section 1. City Attorney Ansbro advised that he also included all of the city manager duties in Section 2. The board unanimously approved the revisions to City Manager. 3.2 Ethics Ordinance Sec. ____ Standards of ethics All elected officials, appointees of the City Commission to boards and committees, and employees of the City shall be subject to standards of ethical conduct as prescribed by city Minutes of Meeting Dania Beach Charter Review Board Monday, March 22, 2010 – 6:00 p.m. 2 ordinance. Such an ordinance shall be adopted by the city commission within six (6) months of the effective date of this section. The board approved the section as presented by the City Attorney. 3.3 Advisory Boards Item 3(a) Sec. 1. Creation. The city commission may at any time by resolution create advisory boards and appoint members to them, who shall be residents of the City for a period of six (6) months prior to their appointment. Residency shall be established by proof that the person registered to vote within the City. The City Commission may also choose to appoint members who own a business located in the City, or who are employed within the City, as well as persons who are seasonal residents. The members of such boards shall serve without compensation at the pleasure of the commission. Each board shall elect a chairperson and a vice-chairperson from its membership. Minutes of each meeting shall be prepared and filed with the city clerk. The board discussed the need to establish proof of residency for board members. Bob Adams motioned to strike “Residency shall be established by proof that the person registered to vote within the City. The City Commission may also choose to appoint members who own a business located in the City, or who are employed within the City, as well as persons who are seasonal residents”; seconded by Pat Flury. The motion passed 5-3 with Ruth White, Mimi Donly and Pat Rafacz voting no. Item 3(b) Sec. 1. Establishment and membership. The "city planning and zoning board" of the City of Dania Beach, Florida, consisting of five (5) members, is created and established. The members shall be appointed by resolution of the city commission and each shall serve at the pleasure of the city commission and each shall be a resident and qualified voter of the City of Dania Beach, Florida. In addition, the School Board of Broward County, Florida, is authorized to appoint a designee to serve as an ex-officio (non- voting) member of the board. Such appointee is not required to be either a resident or qualified voter of the City. Such board shall elect a chairman, vice-chairman and secretary from its members. The chief planning official of the City and the City Attorney shall attend all board meetings. The board members shall serve without compensation. Regular meetings of the board shall be held monthly at times specified, and minutes of board meetings shall be kept and preserved, but special meetings may be called more frequently, if desired. Sec. 2. Duties of board. The duties of the city planning and zoning board shall be as follows: Minutes of Meeting Dania Beach Charter Review Board Monday, March 22, 2010 – 6:00 p.m. 3 (a) To act in an advisory capacity to the city commission on questions relating to zoning, and to conduct investigations and hearings on matters of proposals to change zoning regulations, and report its findings and recommendations on such proposals to the city commission; (b) To study any existing city plan, with the view to improving same so as to provide for the development general improvement, and probable future growth of the city, and from time to time make recommendations to the city commission for changes in the existing city plan so as to incorporate new developments, or for the adoption of a new city plan; (c) To investigate and approve or disapprove all new plats to be represented to the city commission for approval; and (d) To perform such other duties as may from time to time be assigned to such board by the city commission. City Attorney Ansbro explained everything is the same, with the addition of the sentence “The chief planning official of the City and the City Attorney shall attend all board meetings.” Bob Adams noted that the terms Chairman and Vice-Chairman should be changed to Chair and Vice-Chair. City Attorney Ansbro will make the correction. Pat Tyra arrived at 6:30 p.m. Kurt Ely pointed out that the secretary for the board does not need to be a member of the board. City Attorney Ansbro will delete the reference to secretary. Bob Adams motioned to approved 3(b) as amended; seconded by Pat Rafacz. The motion passed unanimously. Item 3(c) City Attorney Ansbro noted there were no changes to this section from the previous meeting. The entire section will be repealed. City Attorney confirmed that the section on cemeteries will be deleted in its entirety. He also noted that he would bring the wording for the boundaries section to the next meeting. 4. Review of City Charter – Part I Charter and Related Laws Part I Charter and Related Laws Minutes of Meeting Dania Beach Charter Review Board Monday, March 22, 2010 – 6:00 p.m. 4 Part I The Municipality of the City of Dania Beach Article 1 General Provisions • Sections 1-6 will be retained • Section 7 Boundaries o All pages containing the legal descriptions will be removed o A map will be included in the charter o The City Clerk’s Office will retain an official map and the legal descriptions • Section 8 will be retained • Section 9 Jurisdiction o City Attorney Ansbro will clean-up the language • Section 10 will be retained • Section 11 Definitions o Subsection (j) will be removed • Section 12 Anti-Discrimination o “creed” will be removed o “familial status” will be added Article 2 City Charter • Section 1 will be retained • Section 2 Amendments to Charter, will be deleted and replaced with wording to indicate that the charter can be amended by state law. • Section 3 Charter Review Board Bob Adams motioned that the Charter Review Board have the authority to place items on the ballot without commission approval. The motion died for lack of a second. Ruth White noted this is one of the items for the board to discuss with the city commission. Bob Adams stated that the board should present their recommendations to the commission; not ask them what they like. The board members concurred. Bob Adams motioned that such board shall be authorized to place recommendations for changes to the city charter before the electorate; seconded by Pat Tyra. City Attorney Ansbro clarified that not all items need to go before the electorate. Bob Adams amended his motion to: future Charter Review Boards shall have the authority to put items directly on the ballot provided it is something that has to be voted upon by the electorate that the commission cannot change by ordinance; seconded by Pat Tyra. Pat Flury requested amending the motion to include a unanimous vote of the Charter Review Board. Bob Adams disagreed with the unanimous vote, and suggested majority plus one. Minutes of Meeting Dania Beach Charter Review Board Monday, March 22, 2010 – 6:00 p.m. 5 Pat Flury noted she has no objection to another review of the boards’ end results, however, really important items should be by unanimous vote. City Attorney Ansbro suggested tabling this item until he brings back a list of the items that require placement on the ballot. Pat Tyra motioned to table this discussion until the next meeting; seconded by Mimi Donly. The motion passed unanimously. Article 3 Powers of the City • Section 1 General powers of the city o Delete subsections 1-25 o City Attorney will rewrite subsection 26, Municipal powers Bob Adams motioned to delete subsections 1-25; seconded by Mimi Donly. The motion passed unanimously. • Section 2 Special powers of the city Bob Adams motioned to delete Section 2 Special powers of the city in its entirety; seconded by Pat Rafacz. The motion passed unanimously. • Section 3 Reserved • Section 4 Cemeteries o City Attorney will export this into an ordinance Pat Tyra motioned to remove Section 4 Cemeteries; seconded by Ruth White. The motion passed unanimously. • Section 5 Certain Expenditures will be retained • Section 6 Airport matters will be retained Article 4 Form of Government • Section 1 Commission-manager plan will be retained Part II Legislative Branch and Legislation Article 1 City Commission • Section 1 Creation of commission will be retained • Section 2 Terms of commissioners o City Attorney will clean-up the wording Minutes of Meeting Dania Beach Charter Review Board Monday, March 22, 2010 – 6:00 p.m. 6 o Need to reference when terms of commissioners expire after moving elections to November • Section 3 Qualification of members o City Attorney will clean up language to clarify language for term limits o Include language that Mayor terms are also concurrent o City Attorney will investigate the sentence “Candidates for nomination or election for the office of city commissioner shall comply with all the rules and regulations set out in the charter as to their conduct.” o Paragraph 2, wording change to “No commissioner shall serve more than two (2) consecutive four (4) year terms in office without a full two (2) year interval before serving additional terms.” o City Attorney will look at sample charters for behavior and fair campaign practices • Section 4 Judge of own elections will be retained Commissioner Duke noted that he will review and read all the comments from the Charter Review Board. 5. Adjournment Chairman Ely adjourned the meeting at 7:29 p.m. Approved: April 12, 2010