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HomeMy WebLinkAboutCharter Review Board Workshop MINUTES OF MEETING DANIA BEACH CITY COMMISSION CHARTER REVIEW BOARD WORKSHOP MONDAY, MAY 24, 2010 - 6:00 P.M. 1. Call to Order/Roll Call Mayor McElyea called the meeting to order at 6:03 p.m. Present: Mayor: C.K. "Mad'McElyea Vice-Mayor: Anne Castro Commissioners: Bob Anton Walter Duke Bobbie Grace City Manager: Robert Baldwin City Attorney: Tom Ansbro City Clerk: Louise Stilson Charter Review Board Members: Kurt Ely, Chairman Pat Flury, Vice-Chairman Bob Adams Pat Rafacz Patrick Phipps Lisa Duke Mimi Donly Joe Van Eron Charlotte Sloboda 2. Timeline to submit items to the Supervisor of Elections Office for the November ballot Chairman Kurt Ely explained that any referendum items to be placed on the November ballot must be received by the Supervisor of Elections office no later than August 12, 2010. He noted that the items would require two readings of an ordinance, with the first reading on July 27, and the second reading on August 10. 3. Discussion of Charter Review Board Recommendations Vice-Chairman Flury explained that the board would like to share with the commission their primary recommendations, and receive direction from the commission. 3.1 Direct Election of Mayor for 2 Year Term Vice-Chairman Flury explained the person would run for the seat of mayor for a 2 year term. Commissioner Grace objected to a mayor running for a 2 year term, while the commission positions are 4 year terms. She felt this was unfair because the person would constantly be campaigning and raising funds. The mayor term should be consistent with the commission term of 4 years. Bob Adams explained this would provide for 3 seats to be elected in every election. Vice-Mayor Castro commented that the high vote-getter becomes mayor for 2 years, so why make a change. Commissioner Anton noted the position is ceremonial,not a strong mayor position. Commissioner Duke noted the mayor is the go-to person, and all items should be routed through the mayor. Commissioner Anton indicated it would be difficult to find someone to run every 2 years. It becomes a major issue because the person would constantly be running for office. He likes the idea of a 2 year term for the mayor as the highest vote-getter. Vice-Mayor Castro questioned how the charter/ordinance would address term limits for mayor and commission positions. Bob Adams explained the term limits apply simultaneously, so you could not bounce back and forth. This would be clarified in the charter. Mayor McElyea noted in previous years, the top vote-getter became mayor; however, you had to have at least one year experience as a commissioner. It should be an experienced person who is mayor for a 2 year term as highest vote-getter. Vice-Chairman Flury noted the board struggled with this item, and the recommendation is not unanimous. Her problem is if the person running for mayor loses, we could lose a good person; with the current system, the person could potentially still be on the commission. Lisa Duke advised this was a result of the discussion of seats, and suggested we discuss seats. Commissioner Duke suggested revisiting the item for a one year mayor and consideration of seats. He would like the consideration of seats because it might make for better government. Vice-Mayor Castro favored the highest vote-getter becoming mayor for a 2 year term. Commissioner Anton, Mayor McElyea and Commissioner Grace concurred. Commissioner Duke prefers the idea of seats. Bob Adams noted the board is recommending things for the voters to vote on and the commission just shot down the first item. 3.2 Change General Election to November effective 2012 Minutes of Meeting 2 Dania Beach City Commission Charter Review Board Workshop Monday,May 24,2010-6:00 p.m. Commissioner Duke, Commissioner Grace, Vice-Mayor Castro and Commissioner Anton favored the November election. Mayor McElyea was opposed. Commissioner Anton commented the November election has a lot on the ballot; people may not pay attention to the city issues. He acknowledged it is not financially feasible to keep the election in March. City Attorney Ansbro advised this can be changed by ordinance, it does not require a referendum. 3.2.1 Residency Requirement of 1 year as Dania Beach resident prior to date of qualifying The commission unanimously concurred with this recommendation. 3.2.2 Define Residency as date you become a registered voter in the City of Dania Beach The commission unanimously concurred with this recommendation. 3.2.3 Requirement for newly elected officials to attend the next available IEMO (Institute for Elected Municipal Officials)training Commissioner Duke suggested giving the elected official one year to attend. He questioned why this was in the charter. Bob Adams explained this was discussed because of the ethics problems that currently exist in government. The commission concurred that elected officials should attend IEMO training during their first year in office, and that this should be an ordinance,not in the charter. 3.2.4 Commission appointment to fill vacancies on Commission within 60 days of seat being vacated; appointment is until next city election The commission unanimously concurred with this recommendation. 4. Charter Review Board Responsibilities City Attorney Ansbro advised the board wants the ability to place any of the items required by state law to be on a referendum ballot, directly on the ballot without commission approval. He provided an overview of the 7 items requiring a referendum. Minutes of Meeting 3 Dania Beach City Commission Charter Review Board Workshop Monday,May 24,2010-6:00 p.m. Vice-Chairman Flury noted the board did not agree on this item. The board is asking for permission to put items within the 7 categories directly to the voter, but only if the Charter Review Board is expanded to 15 members. Bob Adams said the rationale is that under state law, the 7 items are categories that the commission cannot decide. However, if the commission says no, they have decided. City Attorney Ansbro clarified that the charter board can make recommendations to the commission on any of the items; however, the commission still has the authority to agree or disagree with the recommendations. Commissioner Duke noted the Charter Review Board is an extension of the commission, and increasing the membership to 15 people would not make a difference, so why make the change. Commissioner Duke stated as the elected official, he is the person accountable to the citizens,not the board; therefore the commission should make the decision. Commissioner Grace concurred with Commissioner Duke. We have qualified people on the board and it does not need to be expanded to 15 members. She said we need to understand each others role and try to come to consensus with what we want as officials and board members. The commission unanimously concurred against this recommendation. 5. City Manager City Attorney Ansbro provided a handout with the latest revision of the board recommendations. He explained the board proposed to hire a city manager who does not meet the minimum educational qualifications, would require a unanimous vote, rather than a 4/5 vote. Secondly, for termination for cause a majority vote of the commission is required; if without cause a 4/5 vote is required. He noted the board agreed to take out the Bob Mikes language. Vice-Mayor Castro questioned the difference in with or without an employment contract. City Attorney Ansbro responded the contract would specify the number of votes required to terminate the city manager. The commission concurred to remove "without an employment contract' from section(d). Commissioner Anton questioned the definition of cause. Commissioner Duke suggested defining cause in the language. City Attorney Ansbro noted the 8 city charters that the board reviewed have the same language, with or without cause. He noted he will look at case law; and suggested we not define it. Minutes of Meeting 4 Dania Beach City Commission Charter Review Board Workshop Monday,May 24,2010-6:00 p.m. Vice-Chairman Flury suggested the city attorney could get parameters for cause; it does not need to be specific. She said the ICMA could provide information. Vice-Mayor Castro noted cause is outlined in duties and responsibilities; if the person is not doing their duties and responsibilities, that is cause. She said case law could provide an explanation of cause. Vice-Mayor Castro disagreed with the education requirement for the city manager. She said people can learn from life experiences, not just educational degrees. She prefers a college degree; however, she does not want to eliminate experience. Commissioner Duke concurred with Vice-Mayor Castro; a degree should not be a criteria. Bob Adams noted it will take a 4/5 vote to hire a city manager, not a simple majority. The commission concurred to add a definition for cause. 6. Ethics Ordinance/Board City Attorney Ansbro noted a board would be created within a year of adoption of the ordinance. The commission concurred to establish an ordinance. Vice-Mayor Castro wants the ordinance to include lobbying and fair election practices. Vice-Chairman Flury commented the board agreed on the requirement to establish an ethics ordinance; the creation of the board is not part of the recommendation. The commission concurred to remove the creation of a board. 7. Advisory Boards 7.1 Remove from Charter except Planning & Zoning Board and Charter Review Board The commission unanimously concurred with this recommendation. 7.2 Expand Membership of Planning& Zoning Board City Attorney Ansbro noted we continue to have difficulty in obtaining a quorum. He suggested adding 2 alternates to the board which requires a referendum. The alternate positions will be selected by the commission. The commission unanimously concurred with this recommendation. Minutes of Meeting 5 Dania Beach City Commission Charter Review Board Workshop Monday,May 24,2010-6:00 p.m. 7.3 Should there be a Sunset Clause for all Boards Bob Adams noted some boards exist in name only. He advised county boards must justify their existence every 5 years or they automatically sunset. The commission concurred that boards would sunset after 4 years beginning with the next election. City Attorney Ansbro noted this can be done by ordinance. The commission unanimously concurred to add a sunset clause by ordinance. 8. Cemeteries City Attorney Ansbro noted this does not need to be in the charter, and will be converted to ordinance. The commission unanimously concurred to move this to an ordinance. 9. City Boundary Map City Attorney Ansbro noted the recommendation is to remove the text and insert a boundary map; a copy of the text language will be available in the city clerk's office. Lisa Duke questioned if Michelle Mellgren would create the map. City Attorney Ansbro responded he did not know who would create the map, and he will begin to look into it. The commission unanimously concurred to remove the text and insert a map. Commissioner Anton questioned if there were items in the charter that need to be removed. He said he would like to see the board recommendations. City Attorney Ansbro noted the charter was thoroughly reviewed and the recommendations will be presented to the commission. Vice-Mayor Castro thanked everyone for their service and time spent. Joe Van Eton questioned if anything would be on the November ballot. City Attorney Ansbro responded he would bring the items back to the board for their review. Lisa Duke questioned who would write the ballot language. Minutes of Meeting 6 Dania Beach City Commission Charter Review Board Workshop Monday,May 24,2010-6:00 p.m. City Attorney Ansbro responded David Wolpen from Weiss Serota will assist in writing the language. Vice-Chairman Flury noted the commission has final approval of the ballot language. Bob Adams requested an excused absence for the June 7 Charter Review Board meeting. 10. Adiournment Chairman Ely adjourned the meeting at 7:03 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC �pRD'S Flgs C. K. MCEL A CITY CLERK 0so Ter MAYOR—COMMISSIONER Approved: June 8, 2010 AnD Minutes of Meeting 7 Dania Beach City Commission Charter Review Board Workshop Monday,May 24,2010-6:00 p.m.