Loading...
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 2 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. 3 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 4 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 C1