HomeMy WebLinkAboutMinutes Charter Review 050806CHARTER REVIEW COMMITTEE
May 8, 2006
The Charter Review Committee met on May 8, 2006 at the City of Palm Beach Gardens
Municipal Complex, 10500 N. Military Trail. The meeting was called to order at 7:02
PM and opened with the Pledge of Allegiance.
L ROLL CALL
Members Present: Paul Auerbach, Terry Brady, Don Kiselewski, Warren Freedman,
Gary Fields, Len Rubin, Tim Frohling, David Clark, and Thomas Baird who arrived at
7:20 PM
IL APPROVAL OF MINUTES
The Committee approved the minutes for the March 13, 2006 and April 10, 2006 with a
correction made to Section 9.3 which included an extra word in the sentence.
IIL COMMENTS BY THE PUBLIC
Thomas Sosey of 149 Bent Tree spoke to the Committee. He asked the Committee not to
recommend a strong Mayor form of government and expressed his opinion as to why he
feels this would not be beneficial to the City and stated "Don't fix it unless it is broken."
Pat Hughey of Reed Drive agreed with Tom Sosey regarding not changing to a strong
Mayor form of government. She would like the Charter to state that the City Council
members have specific job descriptions which would also include the number of meetings
they are required to attend. She would also like to see specific job descriptions for
administration and employees including the City Manager and City Attorney.
Alice Salee of 378 Kelsey Park Drive stated that she agrees with both Tom Sosey and Pat
Hughey's comments. She said that many of her friends also do not want to see a strong
Mayor form of government. She would like to see additional members added to the City
Council. She feels the City is large enough to be able to justify additional Council
members and she has spoken to other people who agree with this idea.
VL DISCUSSION
Len Rubin asked the committee if they would like to go back to discuss Articles III and
IV that talk about the form of government and districting. He knows the Committee
already voted on these issues, but he feels maybe they should be discussed again. Don
Kiselewski stated that he had made several recommendations that were not voted on in
the past and he would like to revisit these issues and have the committee vote on them.
The suggestions that he brought before the committee are 1) to change the name from a
Council person to a Commissioner, 2) to change the Mayor's name to the Commission
Chairman, 3) to move the election to November, 4) to change Council's terms to four year
terms held in the same year as the National elections, 5) Plurality voting versus individual
group voting and removing the words groups and seats from the Charter, and 6)
recommending an outside party monitor the City's operation and report back to City
Council.
Paul Auerbach stated that the reputation the City has in the community and in Tallahassee
is that the City is a "builder's community." He would like the committee to reconsider
adding a section in the Charter that limits the ability of the Council to allow a waiver for
more than 25% of what the code now allows and if the waiver is for more than 25% it
should go to a referendum vote. Len Rubin suggested that they discuss this when they
review Article V of the Charter.
Tim Frohling passed out an explanation of the difference between a strong Mayor form of
government and elected Mayor Form of government. Discussion ensued about the
existing practice of selecting a Mayor and problems that have occurred in the past. Don
Kiselewski reiterated that this issue had already been discussed and voted on and Len
Rubin agreed. Paul Auerbach asked for another vote so they can move on with new
topic. Discussion ensued about having an elected Mayor. Each member of the
committee expressed their opinion on this topic and Don Kiselewski made a motion that
no action be taken in making any recommendations to City Council regarding the form of
government. He clarified it by saying that there would be no recommendation for a
strong Mayor or an elected Mayor and that no changes be made to the present form of
government. Paul Auerbach seconded the motion and the motion passed 54.
Rubin Yes
Frohling No
Auerbach No
Baird Yes
Brady No
Clark No
Fields Yes
Freedman Yes
Kiselewski Yes
Don Kiselewski made a motion that the committees recommend changing the names of
the governing officials from Councilmen to commissioners. There was discussion but
there was no second to the motion.
Don Kiselewski made a motion to change the election date from March to November. He
added that three Council members would be elected the same year as the President and
two Council members would be elected the year after. Tim Frohling seconded the
motion. There was discussion regarding the motion and some members of the Committee
felt that holding the election in November would enhance the amount of partisan
influence in the election. The motion failed in an 8 -1 vote.
Rubin No
Frohling No
Auerbach No
Baird No
Brady No
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Clark
No
Fields
No
Freedman
No
Kiselewski
Yes
Don Kiselewski made a motion that City Council members be elected for a four year
term instead of three. Tim Frohling seconded the motion. There was discussion and the
motion failed in a 7 -2 vote.
Rubin
No
Frohling
No
Auerbach
No
Baird
No
Brady
No
Clark
Yes
Fields
No
Freedman
No
Kiselewski
Yes
Gary Fields made a motion that the City change to a plurality vote. He clarified the
motion by giving an example that if two Council seats are up at a given year and there are
five candidates running, the candidates with the most votes will be elected into the open
seats. Don Kiselewski seconded the motion and it passed 9 -0.
Rubin
Yes
Frohling
Yes
Auerbach
Yes
Baird
Yes
Brady
Yes
Clark
Yes
Fields
Yes
Freedman
Yes
Kiselewski
Yes
Don Kiselewski made a motion that the City would hire a third party entity to monitor the
operation of City business on behalf of the City Council and would report their findings
to the City Council on a quarterly basis. He added that this would be an independent
contractor that would independently monitor the operation of the City. There was
discussion as if this would be mandatory or optional. Dave Clark stated that if this is
optional than City Council already has the ability to ask for an independent contractor
whenever they feel it is needed. Discussion ensued regarding if this is really necessary
and how this would work within the City. David Clark agreed that from time to time this
may be needed but does not think it's necessary to add a requirement in the Charter. Don
Kiselewski would like to see this put in as a recommendation to City Council to at least
bring the idea to their attention. There was no second to the motion and the committee
moved on to the next topic.
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The committee discussed Chapter 4 - 4 Vacancy - that now reads "In the event of death,
disability, resignation, or removal of any member of the City Council, such vacancy may
be filled by the appointment of a temporary new Councilman by the remaining members
of the City Council, until an election can be held to fill such vacancy. Such election shall
be held within 60 days after the death, disability, resignation, or removal of Councilman,
unless a general election of the City of Palm Beach Gardens shall be held within 180 days
there after". Dave Clark made a motion to change the time frame from 180 days to one
year. Don Kiselewski seconded the motion and it passed in 8 -1 Vote.
Rubin Yes
Frohling Yes
Auerbach Yes
Baird
Yes
Brady
No
Clark
Yes
Fields
Yes
Freedman
Yes
Kiselewski
Yes
The committee discussed Chapter 5 -2 — Specific Powers. The committee had previously
voted to delete this chapter from the Charter. Paul Auerbach stated that by deleting this
Chapter there would no place to add the amendment he would like to propose regarding
waivers. He would like to add that Council is not allowed to approve waivers over 25%
of the existing planned development without going to a referendum vote. He stated that it
is this Committees responsibility to stop the uncontrolled growth that is in Palm Beach
Gardens. He stated City Council is not inclined to stop the growth and therefore it should
be put in the Charter. Discussion ensued regarding the zoning decisions being made in
the City and whether this recommendation would pass City Council. Thomas Baird
moved to delete section 5.2 and David Clark seconded the motion. The motion passed 7-
2.
Rubin
Yes
Frohling
Yes
Auerbach
No
Baird
Yes
Brady
No
Clark
Yes
Fields
Yes
Freedman
Yes
Kiselewski
Yes
Len Rubin stated he has gone through the minutes from previous meetings and made
notes regarding which additional items in the recommendation will be changed, modified,
or deleted. He asked the Committee if there were comments on any other topics that had
not already been discussed. Don Kiselewski talked about removing the editorial
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comments from the Charter and adding an appendix in the rear addressing the source of
each section.
The Committee discussed the possibly of holding a special meeting in order for the
Committee to see the preliminary report. Paul Auerbach suggested giving Council a copy
of the report in the draft format and explaining that the committee will meet again in June
to clean -up the report.
Don Kiselewski made a motion to remove all editorial remarks from the Charter and that
all references of other sources be placed in a appendix in the rear of the Charter. Dave
Clark seconded the motion but the motion failed in a 5-4 vote.
Rubin No
Frohling No
Auerbach Yes
Baird No
Brady No
Clark Yes
Fields No
Freedman Yes
Kiselewski Yes
Don Kiselewski made a second motion just to remove the editorial remarks. Tom Baird
stated that the editorial remarks are put in by Municode and are standard in all Charter
documents. There was no second the motion.
The Committee discussed holding a special meeting and the date of the next meeting.
The committee agreed to meet at the regular schedule date of Monday, June 12, 2006.
VL ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 8:10 P.M.
Approval:
Leonard Rubin, Chair Person
Committee Member
Thomas Baird, Committee Member
4,� 6U1�x
Terry ffWdy, Committee Member
a Committee Member
Gary Fields, Committee Member
Warren Freedman, Committee Member
Don Kiselewski, Committee Member
Susan B611, Public Information, and Recording Coordinator
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