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Home My WebLink About2010-05-10 Charter Review Board Minutes MINUTES DANIA BEACH CHARTER REVIEW BOARD MONDAY, MAY 10, 2010 – 6:00 P.M. 1. Call to Order/Roll Call Chairman Kurt Ely called the meeting to order at 6:02 p.m. Present: Kurt Ely Pat Flury Lisa Duke Pat Rafacz Joe Van Eron Bob Adams Patrick Phipps Patricia Tyra Tom Ansbro, City Attorney Antoine Pollard, Records Technician Absent: Jackie Ford Charlotte Sloboda Pat Rafacz Joe Van Eron motioned to excuse the absence of Pat Rafacz; seconded by Bob Adams. The motion carried unanimously. 1.1 Introduction of New Members The new board members were not present at this meeting. 2. Approval of minutes from April 26, 2010 Bob Adams noted that page 5, Sections 10 and 13 say they will be retained. He clarified that both sections would not be retained. He also noted that the motion to change the qualifying fee to $250.00 did not pass. Bob Adams motioned to amend the minutes as noted; seconded by Lisa Duke. The motion passed unanimously. Bob Adams motioned to approve the minutes, as amended; seconded by Pat Tyra. The motion passed unanimously. 3. City Attorney items for review Pat Tyra noted that in Article 7, Section 2, the word “election” should be removed. Minutes of Meeting Dania Beach Charter Review Board Monday, May 10, 2010 – 6:00 p.m. 2 Section 4, remove the words “regularity or validity” Section 5, change “a special meeting” to “any special meeting” Section 6, changed $15,000.00 to $25,000.00 Pat Tyra motioned to approve the change to Section 6, as noted above; seconded by Joe Van Eron. The motion passed unanimously. Part III, Article I, change “Mayor-Commissioner” to “Mayor” Section 3, Oath of Office, was updated Section 4, will be retained, with the removal of the words “and maintaining an office in the City of Dania Beach” Kurt Ely motioned to approve the change to Section 4, as noted above; seconded by Pat Tyra. The motion passed unanimously. Article 2, Section 1, “Mayor-Commissioner” was changed to “Mayor” Section 3, “Mayor-Commissioner” was changed to “Mayor” Article 3, City Manager, Section 3 City Attorney Ansbro explained the 3 year limit for the City Manager contract was approved by referendum ballot in 2005. If the City Manager is terminated by the Commission prior to the expiration of the contract, the City Manager would be compensated for the unexpired term of the contract. He noted that if the City Manager is terminated for cause, this provision would not apply. Bob Adams motioned to retain the City Manager section of the Charter. Mr. Adams amended his motion to retain Section 3 only; seconded by Pat Flury. The motion passed 6-1, with Patrick Phipps voting no. Article 3, City Manager, Section 4, no changes Article 5, City Attorney Bob Adams motioned to retain Section 1, and delete Section 2 and Section 3; seconded by Patrick Phipps. The motion passed unanimously. Joe Van Eron requested clarification on the changes to City Manager. City Attorney Ansbro clarified that Section 3 (d) was approved by referendum ballot in 2005. He asked the board to review all of Section 3 because it is too cumbersome. He explained that if (d) was not included, the Commission could appoint a City Manager by resolution, and the provisions in the resolution would apply. Bob Adams proposed: if they are terminated for cause, it requires a majority; if they are terminated without cause, majority plus one. Minutes of Meeting Dania Beach Charter Review Board Monday, May 10, 2010 – 6:00 p.m. 3 Bob Adams motioned to require a 4/5 vote in a non-contract situation to terminate without cause; seconded by Lisa Duke. The motion passed 6-1, with Joe Van Eron voting no. Part VI, Article 3, Sections 1 & 2 were deleted Section 3, cleaned up the language Section 5, removed reference to primary election Section 6, deleted (a) (b) (c), and reworded (d) Section 9, cleaned up the language; qualifying fee was increased to $100.00; residency requirement was increased to 1 year; Notice of Candidacy was modified for Mayor or Commissioner Section 10 will be deleted Section 11 will be deleted because it is covered by State Law Bob Adams motioned to delete Section 11; seconded by Pat Flury. The motion passed unanimously. Section 12 was changed to include separate paragraphs for Mayor and Commissioner. Bob Adams motioned to approve the change; seconded by Pat Tyra. The motion passed unanimously. Section 13, add sentence that appointed mayor shall be one of the seated commissioners Bob Adams motioned to approve the above noted change; seconded by Pat Tyra. The motion passed 6-1, with Joe Van Eron voting no. Section 15 will be deleted 4. Review of City Charter – Begin on Page 86, Part VII, Finances and Taxation Part VII. Finances and Taxation Article 1. Annual Budget and Levy Section 1 will be retained Section 2 will be retained Section 3 will be deleted Section 4 will be retained Section 5 will be deleted Bob Adams motioned to delete Section 5; seconded by Patrick Phipps. The motion passed unanimously. Section 6 will be deleted Minutes of Meeting Dania Beach Charter Review Board Monday, May 10, 2010 – 6:00 p.m. 4 Bob Adams motioned to delete Section 6; seconded by Patrick Phipps. The motion passed unanimously. Section 7 will be deleted Bob Adams motioned to delete Section 7, subject to review of the Finance Director; seconded by Patrick Phipps. The motion passed unanimously. Section 8 will be deleted Joe Van Eron motioned to delete Section 8; seconded by Patrick Phipps. The motion passed unanimously. Article 2. Bonds – will be deleted Article 3. Revenue Bonds or Certificates – will be deleted Article 5. Special Assessments for Local Improvements Adoption Section 1 will be retained Article 6. General Provisions Section 1 will be retained Section 2, City Attorney will clean-up language Section 3 will be deleted Bob Adams motioned to delete Section 3; seconded by Patrick Phipps. The motion passed unanimously. Section 4, City Attorney will check with Finance Director Section 5 will be retained Section 6, add flood insurance Pat Tyra motioned to include Flood Insurance; seconded by Bob Adams. The motion passed unanimously. Part VIII. Assessment and Collection of Taxes - deleted Part IX. City Planning and Development City Attorney Ansbro noted that he will recommend 2 alternate positions for the Planning & Zoning Board. He also said he would research all of Part IX, and bring forward a recommendation. Part XI. Advisory Boards Minutes of Meeting Dania Beach Charter Review Board Monday, May 10, 2010 – 6:00 p.m. 5 City Attorney Ansbro noted he will remove Articles 1 & 2, and reword Article 3. Part XII. Miscellaneous Provisions Article 1. Public Works and Utilities Sections 1-4 will be deleted Bob Adams motioned to delete Sections 1-4; seconded by Joe Van Eron. The motion passed unanimously. Section 5, will be reviewed by the City Attorney Article 3. Sale of Public Property Section 1 will be retained Section 2 will be retained Section 3 will be retained Section 4 will be retained Section 5 Patrick Phipps suggested removing the requirement for the broker to have its main office in Dania Beach and possessing a business tax receipt to sell real estate issued by the City of Dania Beach. He noted there are only 3 brokers in the city. Pat Tyra suggested removing the requirement for its “main” office located in the City of Dania Beach, to “an” office located in the City of Dania Beach. Bob Adams motioned to change “its main office” to “an office”; seconded by Pat Flury. The motion failed 3-4, with Pat Flury, Bob Adams and Pat Tyra voting yes. Patrick Phipps motioned to change Section 5 (b)(2) to: “An authorization for the City Manager to enter into an exclusive listing agreement for a period of six months, with a registered real estate broker, who has obtained a business tax receipt to do business in the State of Florida. The real estate broker shall be selected by lottery from among the qualified brokers and shall be paid a reasonable and customary real estate commission by the seller.”; seconded by Lisa Duke. The motion passed 4-3, with Bob Adams, Pat Flury and Pat Tyra voting no. Article 4. Leases Section 1, Power Lisa Duke motioned to delete references to I.T. Parker and the Dania Beach Grille; seconded by Patrick Phipps. The motion failed 3-4, with Lisa Duke, Patrick Phipps and Joe Van Eron voting yes. Minutes of Meeting Dania Beach Charter Review Board Monday, May 10, 2010 – 6:00 p.m. 6 Section 2 will be retained Article 5 Contracts Section 1 will be retained Section 2 will be retained Section 3 will be retained Article 6. Investigations will be retained Article 9. General Clauses Section 1 will be deleted Bob Adams motioned to delete Section 1; seconded by Patrick Phipps. The motion passed unanimously. Sections 2-7 will be retained Joe Van Eron questioned if a workshop date had been set with the City Commission. City Attorney Ansbro noted he would bring it up at the next Commission meeting. 5. Adjournment Chairman Ely adjourned the meeting at 7:35 p.m. Approved: June 7, 2010