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Home My WebLink About2010-04-26 Charter Review Board Minutes MINUTES DANIA BEACH CHARTER REVIEW BOARD MONDAY, APRIL 26, 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 Joe Van Eron Lisa Duke Pat Rafacz Mimi Donly Bob Adams Patrick Phipps Patricia Tyra Tom Ansbro, City Attorney Antoine Pollard, Records Technician Absent: Pat Flury Ruth White Joe Van Eron motioned to excuse the absence of Pat Flury and Ruth White; seconded by Bob Adams. The motion passed unanimously. 2. Approval of minutes from April 12, 2010 Bob Adams motioned to approve the minutes; seconded by Pat Rafacz. The motion passed unanimously. 3. City Attorney items for review • Charter Review Board o Increase membership to 15 o Place items on ballot without Commission approval Bob Adams motioned to approve the item as presented; seconded by Joe Van Eron. The motion passed 6-2, with Lisa Duke and Patrick Phipps voting no. • Section 12, Anti-discrimination o Add gender identity Joe Van Eron motioned to approve the item as presented; seconded by Bob Adams. The motion passed unanimously. • Article 4, Section 3, Qualification of members o Amend to address persons appointed to fill vacancies Minutes of Meeting Dania Beach Charter Review Board Monday, April 26, 2010 – 6:00 p.m. 2 Joe Van Eron motioned to approve the item as presented; seconded by Bob Adams. The motion passed unanimously. • Part II, Article 1, City Commission o Section 5 – Clean-up language Bob Adams suggested changing the last sentence to read: “Any vacancy in the office of commission or vice-mayor shall be filled by a vote of the city commission. Any vacancy in the office of the mayor shall trigger the succession of the vice-mayor.” Pat Tyra questioned if additional changes should be made because the board is recommending November elections. City Attorney Ansbro noted the section would be changed if the commission moved the elections to November. o Section 6 – Clean-up language o Section 7 – Clean-up language • Resolution #2005-066 • Add “nor anyone acting on behalf of a commissioner” Bob Adams motioned to approve the item as presented; seconded by Pat Rafacz. The motion passed unanimously. o Section 8 • Move last sentence from Section 3 to Section 8 • Change 4 consecutive regular meetings to “2” consecutive unexcused absences Bob Adams motioned to approve the item as presented; seconded by Joe Van Eron. The motion passed 6-2, with Lisa Duke and Patrick Phipps voting no. • Article 3, Ordinances and Resolutions o Section 2 – Clean-up language o Section 3 – Clean-up language • Keep requirement for 1 public notice in a newspaper Mimi Donly motioned to approve the item as presented; seconded by Bob Adams. The motion passed unanimously. o Section 5 – Remove reference to clerk-auditor o Section 6 – City Attorney will review and bring back for discussion City Attorney Ansbro noted he removed this section. Minutes of Meeting Dania Beach Charter Review Board Monday, April 26, 2010 – 6:00 p.m. 3 Bob Adams motioned to delete Section 6; seconded by Mimi Donly. The motion passed unanimously. o Section 7 – Strike “time to time” and add “shall” be codified Bob Adams motioned to approve the item as presented; seconded by Pat Rafacz. The motion passed unanimously. • Article 4, The Initiative o Section 1 – Change 10 electors to “25” Pat Tyra motioned to approve the item as presented; seconded by Bob Adams. The motion passed unanimously. o Section 4 – Clean-up language Bob Adams motioned to approve the item as presented; seconded by Joe Van Eron. The motion passed unanimously. o Section 5 – Ballots Mimi Donly motioned to remove the second sentence; seconded by Bob Adams. The motion passed unanimously. 4. Review of City Charter – Begin on Page 69, Article 7, Meetings of the Commission Article 7. Meetings of the Commission • Section 1 Biennial organizational meeting, will be retained • Section 2 Special meeting to seat a new member Bob Adams motioned to remove this section and move it to the section that addresses filling a vacancy, and to change the word “election” to “appointment”; seconded by Mimi Donly. The motion passed unanimously. • Section 3 Regular meetings o City Attorney will include language for summer and December break • Section 4 Special meetings; how called o City Attorney will review the language • Section 5 Meetings, minutes and procedure, will be retained • Section 6 Quorum and vote Minutes of Meeting Dania Beach Charter Review Board Monday, April 26, 2010 – 6:00 p.m. 4 Part III. Administrative Officers and Departments Article 1. Executive and Administrative • Section 1 How constituted, will be retained • Section 2 Compensation of officers and employees, will be retained • Section 3 Oath of office, will be retained • Section 4 Official bonds, will be retained Article 2. Mayor-Commissioner • Section 3 Functions and duties of mayor-commissioner o Clean up language (he/she, his/her) Article 3. City Manager • Section 1 Appointment, qualifications and compensation • Section 2 Absence or disability, will be retained • Section 3 Right of city to enter into contract of employment o City Attorney will review Joe Van Eron motioned to table City Manager; seconded by Patrick Phipps. The motion passed unanimously. Article 4. Reserved Article 5. City Attorney Lisa Duke motioned to table City Attorney; seconded by Patrick Phipps. The motion passed 6-2, with Bob Adams and Mimi Donly voting no. Part VI. Registrations and Elections Article 2. Elections • Section 1 Regular annual municipal primary election • Section 2 Regular municipal elections Bob Adams motioned to remove or strike sections 1 and 2. • Section 3 Special elections for other purposes, will be retained • Section 4 Time of opening and closing polls, will be retained • Section 5 Calling an election, will be retained • Section 6 Elections; how arranged for; inspectors and clerk Minutes of Meeting Dania Beach Charter Review Board Monday, April 26, 2010 – 6:00 p.m. 5 Lisa Duke motioned to remove Item (b); seconded by Patrick Phipps. The motion passed unanimously. • Section 7 Canvass of returns; certificates of elections, will be deleted • Section 8 Ballots, will be deleted • Section 9 Nomination of candidates for city commission o City Attorney Ansbro will clean-up this section Lisa Duke motioned to change the qualifying fee to $250.00; seconded by Patrick Phipps. The board members discussed that $250.00 was too much. Bob Adams made a substitute motion to change the qualifying fee to $100.00; seconded by Mimi Donly. The motion passed 6-2, with Lisa Duke and Patrick Phipps voting no. • Section 10 When primary election unnecessary, will be deleted • Section 11 Conduct of candidates o City Attorney Ansbro will work on the language • Section 12 Nomination and election o City Attorney Ansbro will clean-up the language • Section 13 Filling vacancies in the office of city commissioner, will be deleted • Section 14 Interim government o City Attorney Ansbro will review • Section 15 General laws to apply, will be removed Mimi Donly motioned to remove section 15; seconded by Patrick Phipps. The motion passed unanimously. • Section 16 Absentee voting, will be retained The board discussed the possibility of having more meetings in order to meet the deadline to present items to the City Commission. 5. Adjournment Chairman Ely adjourned the meeting at 7:45 p.m. Approved: May 10, 2010