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Home My WebLink About2010-04-12 Charter Review Board Minutes MINUTES DANIA BEACH CHARTER REVIEW BOARD MONDAY, APRIL 12, 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 Pat Rafacz Joe Van Eron Patrick Phipps – arrived at 6:08 p.m. Patricia Tyra – arrived at 6:06 p.m. Tom Ansbro, City Attorney Louise Stilson, City Clerk 2. Approval of minutes from March 22, 2010 Bob Adams motioned to approve the minutes; seconded by Ruth White. The motion passed unanimously. 3. City Attorney items for review 3.1 City Manager • Approved as presented. City Attorney Ansbro clarified that appointment shall require at least a 4/5 vote; however a unanimous vote is required if the person does not meet the minimum requirements and qualifications. 3.3 Advisory Boards Item 3(a) • Approved as presented. Pat Tyra arrived at 6:06 p.m. Patrick Phipps arrived at 6:08 p.m. The board discussed whether or not board members should be registered voters in Dania Beach. They asked the City Attorney to prepare an affidavit for new board members to sign confirming that they have been residents of the city for at least 6 months. Minutes of Meeting Dania Beach Charter Review Board Monday, April 12, 2010 – 6:00 p.m. 2 Item 3(b) • Approved as presented. Chairman Ely requested that the reference to “Chair” and “Vice-Chair” be changed to “Chairperson” and “Vice-Chairperson.” City Attorney Ansbro will make the revisions. 3.5 Boundaries • Approved as presented. City Attorney Ansbro noted a map would be inserted with the language in the charter. • List of items required by State Law that must be approved by referendum. City Clerk Stilson advised the board of the new time requirements from the Supervisor of Elections office for placement of referendum questions on the November ballot. The deadline for submission is August 12, 2010. City Attorney Ansbro briefly explained the 7 items that must be approved by referendum. The board discussed whether or not the Charter Review Board should have the authority to place items directly on the ballot without City Commission approval. City Attorney Ansbro suggested the board discuss this with the City Commission. Bob Adams motioned that future Charter Review Boards have the authority to place any of the items addressed in the Home Rule provision (Items 1-7) directly on the ballot; seconded by Joe Van Eron. Pat Flury noted she does not support this unless the Charter Review Board is structured differently. She suggested the addition of at least 6-7 extra people because this is too much power for a small board. Pat Flury offered a substitute motion that future Charter Review Boards have the authority to place any of the items addressed in the Home Rule provision (Items 1-7) directly on the ballot, provided that the Charter Review Board is expanded by 5 people not appointed by the City Commission. Bob Adams withdrew his motion, and seconded Pat Flury’s motion. The board discussed how the additional 5 people would be appointed. Such as: each commissioner would have two at large and one specific appointment, or the Charter Review Board would bring in the 5 additional people. Bob Adams amended the motion to include 15 members, 5 of whom shall represent designated segments of the community to be implemented by resolution. Minutes of Meeting Dania Beach Charter Review Board Monday, April 12, 2010 – 6:00 p.m. 3 Pat Flury concurred with the addition to the motion. The motion passed 7-3, with Lisa Duke, Patrick Phipps and Ruth White voting no. Joe Van Eron requested gender identity be added to Section 12, Anti-discrimination. He also requested clarification on familial status. Bob Adams clarified that the County’s definition of familial status only applies to Housing. Joe Van Eron motioned to add gender identity to Section 12, Anti-discrimination; seconded by Bob Adams. The motion passed unanimously. City Attorney Ansbro addressed Article 4, Form of Government, Section 3, Qualification of members. He advised that the last paragraph was re-worded to comply with State Statute. Bob Adams noted that the section should be amended to address persons appointed or elected to serve partial terms of office. If they can only serve 8 years, they would be precluded from running for a second term, or they would have to leave office before the completion of the second term. City Attorney will re-write the section and bring it back to the next meeting. 4. Review of City Charter – Part II Legislative Branch and Legislation Article 1. City Commission • Section 4 Judge of own elections, will be retained • Section 5 Election of mayor and vice-mayor o City Attorney Ansbro will clean-up the language • Section 6 Powers and duties o City Attorney Ansbro will clean-up language (remove “by resolution”) • Section 7 Limitations on powers o A copy of Resolution #2005-066 will be provided to the board members o Include language “nor anyone acting on behalf of a commissioner” o Will be discussed on April 26, 2010 o City Attorney will clean-up the language Pat Rafacz left the meeting at 7:03 p.m. • Section 8 Forfeiture of office o The last sentence of Section 3 will be moved to this section. “Any commissioner who shall cease to possess the qualifications required in this section shall immediately forfeit his or her office.” Minutes of Meeting Dania Beach Charter Review Board Monday, April 12, 2010 – 6:00 p.m. 4 Pat Tyra motioned to change 4 consecutive regular meetings to “2 consecutive unexcused absences”; seconded by Bob Adams. The motion passed unanimously. Patrick Phipps motioned to add “misdemeanor”; seconded by Lisa Duke. The motion failed 2-7, with Patrick Phipps and Lisa Duke voting yes. Article 2. General Provisions • Section 1, Legislative branch, will be retained Article 3. Ordinances and Resolutions • Section 1, Definition of “ordinance” and “resolution”, will be retained • Section 2, Requirements as to form of ordinance or resolution, will be retained o City Attorney will clean-up language • Section 3, Publication of notice; waiver of notice under emergency conditions o City Attorney will clean-up language o Notice requirements may change due to pending legislation o Keep requirement for at least 1 public notice in a newspaper • Section 4, Members of the city commission required to constitute a quorum and enact ordinances or pass resolutions, will be retained • Section 5, Permanent record of ordinances and resolutions o City Attorney will remove reference to clerk-auditor • Section 6, Cumulative effect of procedure o City Attorney will review and bring back to next meeting • Section 7, Code of ordinances o Strike “time to time” and add “shall” be codified Article 4. The Initiative • Section 1, Petition for proposed ordinance Bob Adams motioned to change 10 electors to “25” electors; seconded by Patrick Phipps. The motion passed unanimously. • Section 2, Time of filing, will be retained • Section 3, Demand for election, will be retained • Section 4, Time of holding election o City Attorney will clean-up the language • Section 5, Ballots, will be retained • Section 6, Duty of city attorney, will be retained • Section 7, Amendments and repeals, will be retained Minutes of Meeting Dania Beach Charter Review Board Monday, April 12, 2010 – 6:00 p.m. 5 Article 5. The Referendum • Section 1, Petition for repeal or amendment of existing ordinances, will be retained Article 6. The Recall – will be retained 5. Adjournment Chairman Ely adjourned the meeting at 7:25 p.m. Approved: April 26, 2010