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HomeMy WebLinkAboutAgenda Charter Review 050806AGENDA CITY OF PALM BEACH GARDENS CHARTER REVIEW COMMITTEE MONDAY, MAY 8, 2006 COUNCIL CHAMBERS CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL Members: Leonard Rubin, Chair Tim Frohling, Vice Chair Paul Auerbach Thomas Baird Terry Brady David Clark Gary Fields Warren Freedman Don Kiselewski IV. APPROVAL OF MINUTES Approval of minutes from March 13, 2006 and April 10, 2006 meetings V. COMMENTS BY PUBLIC VI. DISCUSSION Preliminary report and recommendations to City Council for proposed changes to the Charter. VII. ADJOURNMENT May 8, 2006 Dear Charter Review members: Thank you for the opportunity to present these comments tonight. I want to comment only on your consideration of whether to recommend changing the form of government we have today to a strong mayor form. I ask that you follow your initial convictions when you first considered this matter and which you voted not to recommend any change. A change to a strong mayor type of government would be warranted if the public was clamoring for a change ... but that isn't the case. A change to a strong mayor form of government would be warranted if there was evidence for the need to change government types ... but there is no such evidence. A change to a strong mayor form of government would be warranted if a Citizens Public Advisory Board, approved by the city council to conduct an independent review of every section of the current city charter, reviewed the present situation and found, independently, without any outside influence, and voted, after deliberation, that they believe that the city was not running smoothly, that it is fraught with problems and that a change would be beneficial ... but that is not the case either ... they initially voted, after due deliberation, that there that the city was running smoothly, that it is not fraught with problems and that the city should continue with its present form of government A change to a strong mayor form of government connotes that the City Manager has been failing in his job of running the City with Council direction and that he needs to be replaced. If true, that connotation has not yet been made public by the rest of the city council. If anything, it is quite the contrary ... the City Manager has been recently rewarded with one of the highest rates of pay for performance in the State of Florida for his profession. A change to a strong mayor form of government implies intimidation, dictatorship, corruption and `my way or the highway' type of mentality, all things that that every politician wants to avoid. I urge you to help them not attain that association. The PBG method of managing has been in place since the city was founded and has worked very well. I strongly hope that your committee votes to retain the `equal council member' management form of government. Don't fix it unless it's broken. Th TomS ey 149 Bent Tree Drive Palm Beach Gardens, FL 33418 ARTICLE III: FORM OF GOVERNMENT Section 3 -1. Form of government. The form of government of the City of Palm Beach Gardens shall be that known as the "Council- Manager Plan." • The form of government of the City of Palm Beach Gardens shall be known as the "Council - Mayor- Manager Plan. " ARTICLE IV: THE CITY COUNCIL Section 4 -1. Election; terms, general elections; filing fees; notice; runoff elections. The elective officers under this Charter shall be the five (5) members of the city council. The selection of members of the city council shall be by groups to be known as Groups 1, 2, 3, 4 and 5. The council members in Groups 2 and 4 shall, in the year 1977, be elected for a term of three (3) years, and for three -year terms thereafter; council members in Groups 1, 3 and 5 shall be elected for a term of three (3) years in the year 1978 and for three -year terms thereafter. The term of office of council members shall commence on the first regularly scheduled meeting of the city council following date of their election and shall continue for three (3) years thereafter and until their successors are elected and qualified. • The elective officers under this Charter shall be the five (5) members of the City Council. One council member shall be the mayor, who shall be elected to the office in the manner provided in Article III of this Charter, except as provided in this article for the filling of a vacancy in the office of mayor. The selection of remaining four (4) members of the City Council shall be by groups to be known as Groups 1, 2, 3, and 4. The council members in Groups 2 and 4 shall, in the year 1977, be elected for a term of three (3) years, and for three-year terms thereafter; council members in Groups 1, and 4 shall be elected for a term of three (3) years in the year 1978 and for three-year terms thereafter. The position of mayor shall be for a term of three (3) years beginning in the year 2008. • The mayor shall preside at meetings of the council and shall be recognized as the head of city government for all ceremonial and official purposes, by the governor for purposes of military law, as agent for the service of process and as the city official designated to execute contracts, deeds and other documents and to represent the city in all agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. In addition to any other duties, the mayor shall have a voice and a vote in all commission proceedings, but shall have no veto power. • The deputy mayor shall act as mayor during the absence or disability of the mayor. Section 4-3. Organization meeting; election of vice -mayor and vice - mayor. The members of the city council elected pursuant to this article shall meet for organization immediately following their qualification on the next regularly scheduled meeting of the city council following the date of their election and at said meeting the city council shall, by resolution, appoint one member a mayor and another a vice -mayor of the city, each of whom shall hold such office for a term of one year and until his successor shall be appointed and qualified. • The council shall hold an organizational meeting on the next regularly scheduled meeting of the city council following the date of their election and at said meeting the city council shall, by resolution, appoint one member a vice -mayor and another a vice -mayor of the city, and shall hold such office for a term of one year and until his successor shall be appointed and qualified. Section 4-2. Oath of office. Each person appointed or elected as a member of the city council of said municipality, before entering upon the discharge of the duties of the office, shall take and subscribe the following oath before some officer authorized to administer oaths under the laws of the State of Florida: "I do solemnly swear (or affirm) that I will support and protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; and that I am entitled to hold office under the Constitution and Laws of the State of Florida, and that I will faithfully perform all the duties of the office of Councilman of the City of Palm Beach Gardens, Florida, upon which I am about to enter, so help me God." State law references: Oath, F.S. § 876.05. • Change the word `government' to `the people'.? TIM FROHLING WILL PROBABLY NOT MAKE THE MEETING TONIGHT. HE EMAILED HIS THOUGHTS ON THE REMAINING ITEMS. ARTICLE VIII: DEPARTMENT HEADS Section 8 -1. Salary, duties, powers and complaint. The city manager shall establish such departments and appoint such department heads as are necessary to the efficient management of the city. The head of each department in the city government shall have governmental supervision of such department and shall see that the subordinate officers and employees in such department comply with and enforce all ordinances, laws and rules relating to the powers and duties of each department. All complaints to any department head concerning the failure of that department or any of its officers or employees to comply with or enforce any ordinance, law or rule of the city shall be in writing and signed by the complainant. It shall then be the duty of that department head to investigate the complaint and make a report of his /her findings and recommendations to the city manager within fifteen (15) days thereafter or within such longer period of time as the city manager may grant for good cause shown. Any conflict of powers or duties between departments shall be resolved by the city manager. (Ord. No. 9, 1996, § 5, 7- 27 -96) • This should also include the Council as they sit as the oversight board for the City. Section 8 -2. Compensation of mayor and council members. The salaries of the mayor and council members shall be fixed by ordinance, provided, however, that the council shall not raise the salaries of the city council or the mayor during any fiscal year in which the ordinance raising salaries is adopted, but it may raise or lower salaries of all members of future councils, to take effect during the fiscal year following the adoption of an ordinance to that effect. (Ord. No. 9, 1996, § 5, 7- 27 -96) • Why is this section located here, rather than Section IX? • Also, clarify that any raise in salary shall not take effect during the term of any councilor voting for such increase. Such increase will be will be in effect upon re- election or for any newly elected council member. ARTICLE IX: APPOINTMENT, POWERS AND DUTIES OF CITY OFFICERS Section 9 -1. Powers and duties of the mayor. The mayor shall preside as chairman at meetings of the city council, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the city official designated to represent the city in all other governmental meetings, but shall have no administrative duties except as required to carry out the responsibilities herein. The mayor shall have a voice and vote in the proceedings of the city council. The vice -mayor shall assume the duties of the mayor during the absence or disability of the mayor. In the absence or disability of both the mayor and vice - mayor, the city council may appoint a chairman pro tem to fulfill the duties and functions of said office. (Ord. No. 47, 2002, § 2, 12 -19- 02/3- 11 -03) • Option here is the separate election of Mayor with the same, or slightly enhanced, powers and responsibilities. Section 9 -2. Powers and duties of the city clerk. The city clerk shall be in charge of all general office administration involving the day -to -day business of the city and shall maintain all city records which the city manager may prescribe by administrative rules of procedure, attest all executory contracts made in behalf of the city as evidence of authorization of such contracts by the city council; and no executory contracts made in behalf of the city or to which the city is a party shall be valid unless attested by the city clerk. [The city clerk shall] perform such other duties as the city council may prescribe by ordinance. Section 9 -3. Powers and duties of the city treasurer. The city treasurer shall receive, safely keep and disburse, under the direction of the council, all funds belonging to or under the control of the municipality; shall keep an accurate account of all receipts and disbursements in such manner as the city manager shall direct [As approved by the City Council]. The treasurer shall deposit funds of the city in such banks or trust companies as the city manager shall from time to time designate [This seems to lack oversight and needs clarification]; and all checks drawn upon any depository of the city funds shall be signed by the treasurer unless otherwise provided by resolution of the council, and no money shall be paid except by check, unless express authority to do so has been first given to the treasurer by the city manager[This also seems to lack oversight and needs clarification]. All checks drawn upon depository of city funds shall be countersigned by those persons designated by resolution of the city council. ARTICLE X: REMOVAL OF COUNCILMEN Section 10 -1. Procedure. Any member of the city council of the said city may be removed from office and deprived of the right to serve as such official for misfeasance, nonfeasance, malfeasance or any conduct of an immoral or criminal nature committed while holding office; but, before any such official shall be removed and denied the right to perform his official duties, a written complaint shall be filed with and presented to the city council by some citizen or taxpayer of said city, setting forth in reasonable detail the offense of which the said official is charged. Such complaint shall be considered by the city council, and if such council shall determine that the offense charged is of such nature and gravity as to constitute a ground, or cause, for the removal of such official, the council shall thereupon set a date for the hearing of the said complaint and direct the chief of police, or some other officer of the city, to give the official so charged written notice of the date of trial and also deliver to him a copy of the complaint so filed. Upon the trial of such complaint, testimony shall be heard by the council, both in support and in defense of the charges made, and both the complainant and defendant shall have the right to be represented by counsel; and, if a majority of the members of the council present at such hearing shall find and determine that such official is guilty of either or all of the offenses as charged in the complaint, the council shall thereupon adopt a resolution removing such official and depriving him of the right to perform his official duties and declaring his office vacant; and the said official shall no longer have the privilege of performing his official duties, his office shall be vacated and his successor shall thereafter be selected in the manner provided herein. • [See Section 10 -2; Said Councilor shall abide by Section 10 -2 and deliver unto the City Clerk, or to such person as the city council may designate, all books, records, papers, vouchers and property of every kind in his possession or control belonging to the municipality]. Section 10 -2. Incumbent officer to turn over records to successor. It shall be the duty of every officer of the city within ten (10) days after the expiration of his term of office or of his removal therefrom to deliver to his successor in office, or to such person as the city council may designate, all books, records, papers, vouchers and property of every kind in his possession or control belonging to the municipality. • This may need minor correction in syntax and form. ARTICLE XI: RESERVED* *Editor's note: Ord. No. 9- 1996, § 10, adopted July 27, 1996, repealed the provisions of former article XI, §§ 11 -1 -- 11-3, which pertained to finance and taxation, as these provisions are either governed by statute or may be regulated by city ordinance. With respect to Section 3 of Article XI, the city council shall adopt an ordinance governing the procedures for budget transfers. The fiscal year of municipalities is governed by F.S., section 166.241. With respect to the city's annual budget, including the submission of abudget by the city manager and its adoption by ordinance and posting, is governed by F.S., section 200.065. The provisions of former §§ 11- 1 - -11 -3 derived from Ord. No. 26, 1975, adopted January 29, 1976. Considering the date /age of the referenced ordinance /articles /statutes what changes might apply? ARTICLE XII: CREATION OF CITY OFFICES; BONDS OF CITY EMPLOYEES Section 12 -1. Creation of offices. The city council shall have the power and is hereby authorized to create such offices as may, in its judgment, be necessary for proper operation of the city and may in its judgment abolish any office created. The city council shall have the power to prescribe the powers, duties and compensation of all officers and employees of the city except those prescribed by this Charter. e Any questions? Section 12 -2. Bonds of employees. Any officer or employee of the city may be required to give such bond as the council may prescribe by resolution. e Any questions? ARTICLE XIII: ANNUAL AUDIT* *State law references: Annual audit, F.S. § 218.32. Section 13 -1. Preparation and publication. The city manager, at the end of each fiscal year, shall cause a full and complete examination and audit of all books and accounts of the city to be made by a certified public accountant and shall publish the results of such examination and audit for information of the city council and the general public and in compliance with the general statutes of the State of Florida. The city council may require, during the fiscal year, such other financial reports as it deems necessary. ARTICLE XIV: RESERVED* *Editor's note: Ord. No. 9 -1996, § 7, adopted July 27, 1996, repealed the provisions of former article XIV, §§ 14 -1 -- 14-9, which pertained to city court, as all municipal courts have been abolished pursuant to Article V, Section 20(d)(4) of the Florida Constitution. The provisions of former §§ 14- 1 - -14 -9 derived from Ord. No. 26, 1975, adopted January 29, 1976. • Moot point. ARTICLE XV: THE RECALL* *State law references: Recall of municipal elected officials, F.S. § 100.361. [Section] 15 -1. Mayor, apy-councilman or any elected official may be recalled. The mayor, any ssuarilm councilperson or any other elected official may be recalled and removed from his offer them respective office as provided under the general statutes of Florida. ARTICLE XVI: INITIATIVE AND REFERENDUM Section 16 -1. Passage or repeal of ordinance; petition; procedure. The qualified voters of the city shall have the power to institute initiative and referendum procedures as provided by general law of the State of Florida. ARTICLE XVII: ELECTIONS* *State law references: Florida election code, F.S. chs. 97 - -106. Section 17 -1. Regulation by ordinance. The city council shall, by ordinance, provide for and regulate the registration of voters and the conduct of elections in accordance with the general law of Florida. Section 17 -2. Qualification of electors. A person who shall possess the qualifications of an elector under the general laws of Florida governing elections and shall reside in the city and shall have registered in accordance with law shall be entitled to vote at any election conducted by the city. State law references: Qualification and registration of electors, F.S. §§ 97.041, 98.041. ARTICLE XVIII: ORDINANCES AND RESOLUTIONS* *State law references: Minimum mandatory ordinance and resolution adoption procedure, F.S. § 166.041. Section 18 -1. Meeting and procedure of city council. The city council shall meet at such time and place as may be prescribed by resolution. All meetings of the city council shall be open to the public. The enacting clauses of all ordinances shall be "Be it ordained by the city council of the City of Palm Beach Gardens, Florida" and the procedure for adopting ordinances and resolutions shall be as follows: (1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (a) Ordinance means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law. (b) Resolution means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body. (2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection. (3) (a) A proposed ordinance may be read by title, or in full, on at least two (2) separate days and shall, at least fourteen (14) days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting, the title or titles of proposed ordinances, and the place or places within the municipality where such proposed ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (b) The governing body of a municipality may, by two -thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. (c) A proposed resolution may be read by title only when authorized by a majority vote of the city council. (4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present shall be necessary to enact any ordinance or adopt any resolution; except that two - thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official records of the meeting. All ordinances or resolutions passed by the governing body shall become effective ten (10) days after passage or as otherwise provided therein. (Ord. No. 18, 1984, § 1, 9 -20- 84/11 -6 -84) Section 18 -2. Reserved. Editor's note: Ord. No. 9 -1996, § 12, adopted July 27, 1996, repealed the provisions of former § 18 -2, which pertained to action requiring an ordinance, as the powers of the city to act have been established by F.S., Chapter 166. The provisions of former § 18 -2 derived from Ord. No. 26, 1975, adopted January 29, 1976. Section 18 -3. City council meetings. The city council shall hold at least one regular meeting a month and as many special meetings as may be necessary to conduct the business of the city. The number of regular meetings in excess of one and the dates of regular meetings shall be set by resolution of the city council or by a majority of all members of the city council. Special meetings may be called in an emergency when the business to be transacted cannot be held over until the date of a regular meeting. The minutes of the special meeting shallcontain a statement of the purpose of the meeting and the circumstances of the emergency. Special meetings may be called by the mayor or by a majority of all members of the city council. All meetings of the city council shall be held in the city hall, or in the event that city hall is not convenient for the holding of a meeting, then a meeting of the city council may be held in such other place in the City of Palm Beach Gardens as the city council may determine, provided, however, that notice of the time and place of any meeting of the city council other than in the city hall shall be posted at least five (5) consecutive days before said meeting at the city hall. The city council may determine its own rules of procedure, may punish its own members for misconduct and may compel attendance of members. The majority of all the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time. Section 18 -4. Posting or publication of ordinances. It shall be the duty of the city clerk to keep a record of all ordinances adopted by the council in a book kept for that purpose. A copy of any ordinance therefrom, certified to by the clerk under the seal of the city, shall be taken and considered in all courts of this state as prima facie evidence that such ordinance was duly passed and posted or published as required by law. It shall be the duty of the city council to keep a record of all ordinances enacted by it. The council shall post all proposed ordinances at the city hall during the period between the first and second readings and it shall promulgate without unnecessary delay all ordinances that have been passed, and post the same at the city hall in a book kept for that purpose. Section 18 -5. Franchises. Subject only to the provisions of the Constitution of the State of Florida and this Charter, the city council may grant franchises for public utilities, transportation facilities, or for any other lawful purpose whatsoever for terms not to exceed thirty (30) years. At the discretion of the council, it may grant to private concern the right to construct, maintain and operate public or quasi- public projects for terms not to exceed thirty (30) years. No public franchise of any description shall be granted except by ordinance. Whenever such an ordinance has been passed upon its first reading by the council, the council shall have the same posted publicly in full, entitled "A Proposed Ordinance of the City of Palm Beach Gardens Granting a Public Franchise," for a period of thirty (30) days before the council shall take further action thereon. If such ordinance is amended after such posting, it shall be considered as again up for the first reading. Upon passage the ordinance shall again be posted as herein required. • Should not a public notice be given prior to the first reading of any ordinance under consideration? Especially one of this nature? ARTICLE XIX: RESERVED* *Editor's note: Ord. No. 9 -1996, § 8, adopted July 27, 1996, repealed the provisions of former article XIX, §§ 19 -1 -- 19-5, which pertained to tax assessments and levies, as all taxation authority comes from F.S., Section 166.201, et seq. Municipalities must report finances annually in accordance with F.S., Section 166.241(1); tax appraisals are governed by state law pursuant to F.S., Section 193.116(2) contained in F.S., Section 166.101, et seq. The provisions of former §§ 19- 1 - -19 -5 derived from Ord. No. 26, 1975, adoptedJanuary 29, 1976. ARTICLE XX: RESERVED* *Editor's note: Ord. No. 9 -1996, § 11, adopted July 27, 1996, repealed the provisions of former article XX, § 20 -1, which pertained to bond issues, as the full authority to issue bonds and borrow money or to contract for loans is governed by F.S., Sections 166.101 -- 166.141. The provisions of former § 20 -1 derived from Ord. No. 26, 1975, adopted January 29, 1976. ARTICLE XXI: RESERVED* *Editor's note: Ord. No. 9 -1996, § 9, adopted July 27, 1996, repealed the provisions of former article XXI, § 21 -1 -- 21-4, which pertained to liability of city in legal actions, as the liability of the city in legal actions for personal injuries or property damage due to negligence is governed by F.S., Section 768.28 and Article X, Section 13 of the Florida Constitution. The provisions of former §§ 21- 1 - -21 -4 derived from Ord. No. 26, 1975, adopted January 29, 1976. ARTICLE XXII: CHARTER AMENDMENT* *State law references: Charter amendment procedure, F.S. § 166.031. Sec. 22 -1. Charter review. As often as the council may deem necessary, but in any event, not less frequently than every five years, the terms and provisions of this Charter shall be reviewed. (Ord. No. 9, 1996, § 6, 7- 27 -96)