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HomeMy WebLinkAbout2010 01 25 Regular 603.1 Request City Commission Adopt Resolution 2010-04 Ad Hoc Charter Review Committee COMMISSION AGENDA Consent Informational ITEM 60 3•1 Public Hearin Regul x g J� January 25. 2010 MGR. J /DEPT I Regular Meeting Authorization REQUEST: The City Manager and City Attorney request that the City Commission adopt Resolution 2010 -04 establishing an ad hoc Charter Review Committee for purposes of conducting a formal review of the City Charter. EXECUTIVE SUMMARY: On January 4, 2010, the City Commission directed that the City Manager and City Attorney finalize a resolution establishing an ad hoc City Charter Review Committee consisting of eleven (11) residents of the City. Resolution 2010 -04 establishes the Committee and creates an orderly charter review process. Each Commissioner will appoint two members to the Committee, one of which shall reside in the appointing commissioner's district. The mayor shall have one at -large appointment. The Committee shall determine whether the City Charter is substantially consistent with the Model City Charter, 8 Edition, published by the National Civic League, and shall make recommendations regarding several existing charter provisions identified by the City Commission for review. The Committee will be responsible for submitting a final report by May 30, 2010. The City Attorney will be designated the project facilitator and shall be responsible for designing and implementing an orderly presentation and review process for the Charter Review Committee in accordance with the requirements of this Resolution. Other members of City staff shall serve as technical advisers. CONSIDERATIONS: 1. Section 166.031, Florida Statutes, provides that a governing body of a municipality may, by ordinance, submit to the electors of the municipality a proposed amendment to any part or all of its charter. 2. While Florida law does not require a formal periodic charter review process, many municipalities conduct periodic reviews of their existing charters every so often to determine whether or not any amendments should be proposed to the electors. 3. On January 4, 2010, the City Commission formally decided that the City Charter should be reviewed to determine whether or not any provisions of the City Charter should be updated. 4. The last formal City Charter review process in Winter Springs occurred in 2000/2001. REGULAR MEETING JANUARY 25. 2010 PAGE 2 OF 3 5. Resolution 2010 -04 establishes an ad hoc Charter Review Committee consisting of eleven (11) residents to be appointed by the City Commission and Mayor as set forth in the Resolution. 6. The Resolution requires the Committee to review the existing Charter for substantial consistency with the Model City Charter, 8` Edition, published by the National Civic League, and to review several existing charter provisions identified by the City Commission for review. 7. Upon review, the Committee will be required to prepare a final report to the City Commission by May 30, 2010 outlining the Committee's recommendations regarding any proposed charter amendments. The Committee will be required to operate on majority vote of its members. 8. Upon receipt of the final report, the City Commission will determine whether any charter amendments should be presented to the city electors for approval at a duly held referendum during the general election in November 2010 or as soon thereafter as possible. FISCAL IMPACT: None. COMMUNICATION EFFORTS: 1. No public advertisements are required for this item to create the Committee. However, this item, and any subsequent related item, will be placed on a City Commission agenda and posted at City Hall and on the City's website. 2. Charter Review Committee meetings will be noticed at City Hall and on the City's web site. The Committee will provide opportunities for members of the public to provide input during the charter review process. 3. General factual information about the Charter Review Proceedings will be incorporated into the City's newsletter, and may be posted on utility bills. 4. Any referendum ordinance adopted by the City Commission will be advertised in a newspaper and subject to a public hearing. Additionally, referendum elections are required to be noticed twice in the newspaper five and three weeks before the election. 5. If a referendum is set by the City Commission, any communication efforts by the City will be subject to section 106.113, Florida Statutes, which was adopted by the Legislature in 2009. With respect to matters subject to a vote of the electors, that section provides the City may not expend public funds on political advertisements or electioneering communication concerning an issue, referendum, or amendment. However, that section seems to allow a municipality to expend public funds for communications limited to factual information. 6. In the past, the City has prepared a general mailer to residents explaining any proposed charter amendments. REGULAR MEETING JANU ie P Y 25, 2010 PAGE 3 OF 3 RECOMMENDATIONS: The City Manager and City Attorney recommend that the City Commission approve Resolution 2010 -04. ATTACHMENTS: Resolution 2010 -04 RESOLUTION NUMBER 2010 -04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR A FORMAL PUBLIC PROCESS TO CONDUCT A COMPREHENSIVE REVIEW OF THE CITY CHARTER FOR PURPOSES OF DETERMINING WHETHER AMENDMENTS SHOULD BE PROPOSED TO THE CITY ELECTORATE DURING THE 2010 GENERAL ELECTION; PROVIDING FOR THE ESTABLISHMENT OF A "WINTER SPRINGS AD HOC CHARTER REVIEW ADVISORY COMMITTEE PROVIDING A PUBLIC REVIEW PROCESS; PROVIDING FOR TECHNICAL ASSISTANCE AND OTHER TERMS AND CONDITIONS NECESSARY TO CONDUCT AN ORDERLY AND WELL- INFORMED CHARTER REVIEW PROCESS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida was established by the Florida Legislature in 1959 and operates pursuant to its City Charter; and WHEREAS, the City Charter has been amended from time to time as the governance of the City has evolved; and WHEREAS, the Model City Charter, as researched and published by the National Civic League, has provided the template for City Charters since publication of its first Model City Charter in 1899; and WHEREAS, in 2001, the City Commission established a comprehensive charter review process for purposes of modernizing the City Charter consistent with the Model City Charter, 7th Edition, promulgated by the National Civic League; and WHEREAS, in 2001, the City Commission proposed to the electorate of the City of Winter Springs approximately 23 amendments to the City Charter to modernize the governance of the City of Winter Springs; and WHEREAS, the approximate 23 amendments were approved by the electorate of the City of Winter Springs and became law pursuant to the Florida Constitution and the Florida Municipal Home Rule Powers Act; and WHEREAS, since the last comprehensive City Charter review process in 2001, the National Civic League published the 8th Edition of the Model City Charter in 2003; and WHEREAS, there has been an expression of interest among City Officials and members of the public that the City Charter should be reviewed for purposes such as determining whether the Model City Charter, 8 Edition offers any additional suggestions and guidance that may be helpful to further modernize the City Charter of Winter Springs, and evaluating certain governance issues identified by the City Commission; and WHEREAS, the City Commission desires to appoint an ad hoc committee to conduct the City Charter review process and to determine whether or not additional charter amendments should be recommended to the City Commission for proposal to the electorate of Winter Springs; and WHEREAS, the City Commission desires to provide an open, objective, and deliberative process that will afford the public ample opportunity to participate in the City Charter review process; and WHEREAS, the City Commission hereby finds that this resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Winter Springs, Florida as follows: SECTION I. Establishment Of A Charter Review Committee; Meetings. (a) The City Commission hereby establishes a temporary ad hoc committee for purposes of conducting a comprehensive review of the City Charter in accordance with the terms and conditions of this Resolution. The committee shall be called the "Winter Springs Ad Hoc Charter Review Committee." (Charter Review Committee). The Charter Review Committee shall consist of no more than eleven (11) members, who shall be registered electors of the City of Winter Springs. The Mayor shall appoint one (1) member at- large, subject to ratification by majority vote of the City Commission. Each City Commissioner shall appoint two (2) members, one of which shall reside in the district of the Commissioner making the appointment, subject to ratification by majority vote of the City Commission. No alternates shall be appointed. Vacancies shall be filled in the same manner as the original appointment to the extent deemed necessary by the City Commission. Prior to any appointment being considered final, each member of the Charter Review Committee shall be required to complete the standard City Advisory Board and Committee Application. Upon appointment, each member of the Charter Review Committee shall serve at the pleasure of the City Commission until the Charter Review Committee's work has been completed and the City Commission has accepted the Committee's final report. Each member of the Charter Review Committee shall serve without compensation. (b) Meetings of the Charter Review Committee shall be duly noticed and held public meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m. during the workweek. A portion of each meeting will be reserved for taking public input relevant to issues being considered during the City Charter review process outlined in this Resolution. The agendas, minutes and a record of the proceedings and decisions of the Charter Review Committee shall be kept and filed with the City Clerk in the same manner as those kept and filed for the City Commission. (c) The first order of business for the Charter Review Committee shall be to elect a chairperson and vice chairperson. The chairperson shall be responsible for running the meetings. City of Winter Spring. I lorida Resolution Number '01 U -W Page 2 a In the absence of the chairperson, the vice chairperson shall run the meetings. Roberts Rules shall serve as guide to running the meetings of the Charter Review Committee to the extent not in conflict with this Resolution. A majority of the total Committee members appointed shall constitute a quorum. (d) The Charter Review Committee shall act by majority vote. However, the Charter Review Committee may reference and explain in the final report minority opinions /positions which obtained the vote of at least four (4) members of the Committee. SECTION II. Charter Committee Responsibilities. (a) The Charter Review Committee shall conduct a comprehensive review of the existing City Charter for the primary purpose of: (1) The Committee shall determine whether the City Charter is substantially consistent with the Model City Charter, 8th Edition, published by the National Civic League. (2) The Committee shall evaluate and make recommendations on the following City Charter provisions specifically identified by the City Commission: (i) Election and Terms. Section 4.03(a) provides that the terms of the mayor and commissioner shall begin the first Monday after the first day of December of each year an election is held. Particularly, should the time period between the Mayor /Commission election in November and the commencement of the term of office be eliminated or shortened? Further, if the time period is not eliminated, should the City Commission's authority during that time period be restricted or limited in any way? (ii) Mayor. Section 4.05 provides the Mayor have the power to veto ordinances. Should the Mayor also have the power to veto certain or all resolutions adopted by the City Commission? (iii) City Manager. Section 5.03 (8) requires the City Manager to keep the commission fully advised as to the financial condition and future needs of the City. Should this provision be amended to require the City Manager to provide periodic financial reporting to the City Commission (e.g. quarterly)? (iv) City Clerk; City Manager; City Attorney (Charter Officers). Sections 4.10; 5.01; and 6.02 require a super majority vote of four (4) out of five (5) members of the City Commission to hire and terminate the City Clerk, City Manager, and City Attorney. Should these sections be amended to require either a simple majority vote of three (3) members of the City Commission to hire and terminate the City Clerk, City Manager, and City Attorney, or altematively, to require a super majority vote to hire and a simple majority to terminate? (it of Winter Spring, Honda Resolution Number 2010 -01 Page 3 of 5 (v) Transfer of Budget Appropriations. Section 7.07(d) provides that the City Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Should this section be amended to require that the City Commission establish guidelines for said transfers? (b) Upon conclusion of its review of the City Charter, the Charter Review Committee shall prepare and approve a final written report which shall identify all proposed charter amendments (if any) and the reason for said proposals. The final report shall also include a recommendation on each of the City Charter provisions specifically identified by the City Commission in Section II, (2), (i) through (v) of this Resolution. The final report shall be completed no later than May 30, 2010 unless additional time granted by the City Commission. (c) The final report of the Charter Review Committee shall be presented to and reviewed by the City Commission at least once at either a regular City Commission meeting or workshop specially called for that purpose. The report shall be nonbinding on the City Commission. If the City Commission determines that any of the proposed amendments in the report should be submitted to the electorate for a vote, the City Commission shall direct the City Attorney to prepare an ordinance for the City Commission's consideration that will call for a referendum to be held regarding the amendment(s) in accordance with law. The referendum will be held at the City's next General Election, which is scheduled for November 2, 2010, or as soon thereafter as possible. SECTION III. City Attorney The City Attorney is hereby authorized to serve as the project facilitator for the Charter Review Process, and shall be responsible for designing and implementing an orderly presentation and review of the City Charter before the Charter Review Committee in accordance with the requirements of this Resolution. The City Attorney shall also provide legal guidance to the Committee, and assist the Committee with coordinating and facilitating the Committee's meetings and drafting the final report. SECTION IV. Other Technical Resources. (a) The City Manager, City Clerk, and Department Heads shall also serve as technical advisers to the Charter Review Committee, and shall assist in drafting the final report. (b) The City Clerk shall provide administrative assistance to the Charter Review Committee and shall be responsible for noticing meetings, preparing minutes, and archiving all public records. SECTION V. This Resolution shall take effect immediately upon its final passage and adoption by the City Commission. C' it} of \W inter Spring, Florida Resolution Number 201 0-04 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Special Meeting duly assembled on the 25 day of January, 2010. In witness whereof, I have hereunto set my hand and caused this seal to be affixed. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ANTHONY A. GARGANESE, City Attorney City of Winter Spring, Florida Resolution Number 2010 -04 Page 5 of 5 RESOLUTION NUMBER 2010 -04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR A FORMAL PUBLIC PROCESS TO CONDUCT A COMPREHENSIVE REVIEW OF THE CITY CHARTER FOR PURPOSES OF DETERMINING WHETHER AMENDMENTS SHOULD BE PROPOSED TO THE CITY ELECTORATE DURING THE 2010 GENERAL ELECTION; PROVIDING FOR THE ESTABLISHMENT OF A "WINTER SPRINGS AD HOC CHARTER REVIEW ADVISORY COMMITTEE "; PROVIDING A PUBLIC REVIEW PROCESS; PROVIDING FOR TECHNICAL ASSISTANCE AND OTHER TERMS AND CONDITIONS NECESSARY TO CONDUCT AN ORDERLY AND WELL - INFORMED CHARTER REVIEW PROCESS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida was established by the Florida Legislature in 1959 and operates pursuant to its City Charter; and WHEREAS, the City Charter has been amended from time to time as the governance of the City has evolved; and WHEREAS, the Model City Charter, as researched and published by the National Civic League, has provided the template for City Charters since publication of its first Model City Charter in 1899; and WHEREAS, in 2001, the City Commission established a comprehensive charter review process for purposes of modernizing the City Charter consistent with the Model City Charter, 7th Edition, promulgated by the National Civic League; and WHEREAS, in 2001, the City Commission proposed to the electorate of the City of Winter Springs approximately 23 amendments to the City Charter to modernize the governance of the City of Winter Springs; and WHEREAS, the approximate 23 amendments were approved by the electorate of the City of Winter Springs and became law pursuant to the Florida Constitution and the Florida Municipal Home Rule Powers Act; and WHEREAS, since the last comprehensive City Charter review process in 2001, the National Civic League published the 8 Edition of the Model City Charter in 2003; and WHEREAS, there has been an expression of interest among City Officials and members of the public that the City Charter should be reviewed for purposes such as determining whether the Model City Charter, 8 Edition offers any additional suggestions and guidance that may be helpful to further modernize the City Charter of Winter Springs, and evaluating certain governance issues identified by the City Commission; and WHEREAS, the City Commission desires to appoint an ad hoc committee to conduct the City Charter review process and to determine whether or not additional charter amendments should be recommended to the City Commission for proposal to the electorate of Winter Springs; and WHEREAS, the City Commission desires to provide an open, objective, and deliberative process that will afford the public ample opportunity to participate in the City Charter review process; and WHEREAS, the City Commission hereby finds that this resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Winter Springs, Florida as follows: SECTION I. Establishment Of A Charter Review Committee; Meetings. (a) The City Commission hereby establishes a temporary ad hoc committee for purposes of conducting a comprehensive review of the City Charter in accordance with the terms and conditions of this Resolution. The committee shall be called the "Winter Springs Ad Hoc Charter Review Committee." (Charter Review Committee). The Charter Review Committee shall consist of no more than eleven (11) members, who shall be registered electors of the City of Winter Springs. The Mayor shall appoint one (1) member at- large, subject to ratification by majority vote of the City Commission. Each City Commissioner shall appoint two (2) members, subject to ratification by majority vote of the City Commission. No alternates shall be appointed. Vacancies shall be filled in the same manner as the original appointment to the extent deemed necessary by the City Commission. Prior to any appointment being considered final, each member of the Charter Review Committee shall be required to complete the standard City Advisory Board and Committee Application. Upon appointment, each member of the Charter Review Committee shall serve at the pleasure of the City Commission until the Charter Review Committee's work has been completed and the City Commission has accepted the Committee's final report. Each member of the Charter Review Committee shall serve without compensation. (b) Meetings of the Charter Review Committee shall be duly noticed and held public meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m. during the workweek. A portion of each meeting will be reserved for taking public input relevant to issues being considered during the City Charter review process outlined in this Resolution. The agendas, minutes and a record of the proceedings and decisions of the Charter Review Committee shall be kept and filed with the City Clerk in the same manner as those kept and filed for the City Commission. (c) The first order of business for the Charter Review Committee shall be to elect a chairperson and vice chairperson. The chairperson shall be responsible for running the meetings. In the absence of the chairperson, the vice chairperson shall run the meetings. Roberts Rules City of Winter Spring. rlorida Resolution Number 2010 -04 Page 2 of 5 shall serve as guide to running the meetings of the Charter Review Committee to the extent not in conflict with this Resolution. A majority of the total Committee members appointed shall constitute a quorum. (d) The Charter Review Committee shall act by majority vote. However, the Charter Review Committee may reference and explain in the final report minority opinions /positions which obtained the vote of at least four (4) members of the Committee. SECTION II. Charter Committee Responsibilities. (a) The Charter Review Committee shall conduct a comprehensive review of the existing City Charter for the primary purpose of: (1) The Committee shall evaluate and make a recommendation on whether the provisions of the City Charter are substantially consistent with the Model City Charter, 8 Edition, published by the National Civic League, and if not, whether the City Charter should be amended to be substantially consistent with the Model City Charter, 8 Edition or remain the same. (2) The Committee shall evaluate and make recommendations on the following City Charter provisions specifically identified by the City Commission: (i) Election and Terms. Section 4.03(a) provides that the terms of the mayor and commissioner shall begin the first Monday after the first day of December of each year an election is held. Particularly, should the time period between the Mayor /Commission election in November and the commencement of the term of office be eliminated or shortened? Further, if the time period is not eliminated, should the City Commission's authority during that time period be restricted or limited in any way? (ii) Mayor. Section 4.05 provides the Mayor have the power to veto ordinances. Should the Mayor also have the power to veto certain or all resolutions adopted by the City Commission? (iii) City Manager. Section 5.03 (8) requires the City Manager to keep the commission fully advised as to the financial condition and future needs of the City. Should this provision be amended to require the City Manager to provide periodic financial reporting to the City Commission (e.g. quarterly)? (iv) City Clerk; City Manager; City Attorney (Charter Officers). Sections 4.10; 5.01; and 6.02 require a super- majority vote of four (4) out of five (5) members of the City Commission to hire and terminate the City Clerk, City Manager, and City Attorney. Should these sections be amended to require either a simple majority vote of three (3) members of the City Commission to hire and terminate the City Clerk, City Manager, and City Attorney, or alternatively, to require a super- majority vote to hire and a simple majority to terminate? City of Winter Spring. Honda Resolution Number 2010 -04 Page 3 of 5 (v) Transfer of Budget Appropriations. Section 7.07(d) provides that the City Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Should this section be amended to require that the City Commission establish guidelines for said transfers? (3) The Committee shall also be free to propose any amendments to the City Charter that are not addressed in subparagraphs (2) and (3) above. (b) Upon conclusion of its review of the City Charter, the Charter Review Committee shall prepare and approve a final written report which shall identify all proposed charter amendments (if any) and the reason for said proposals. The final report shall also include a recommendation on each of the City Charter provisions specifically identified by the City Commission in Section II, (2), (i) through (v) of this Resolution. The final report shall be completed no later than May 30, 2010 unless additional time granted by the City Commission. (c) The final report of the Charter Review Committee shall be presented to and reviewed by the City Commission at least once at either a regular City Commission meeting or workshop specially called for that purpose. The report shall be nonbinding on the City Commission. If the City Commission determines that any of the proposed amendments in the report should be submitted to the electorate for a vote, the City Commission shall direct the City Attorney to prepare an ordinance for the City Commission's consideration that will call for a referendum to be held regarding the amendment(s) in accordance with law. The referendum will be held at the City's next General Election, which is scheduled for November 2, 2010, or as soon thereafter as possible. SECTION III. City Attorney The City Attorney is hereby authorized to serve as the project facilitator for the Charter Review Process, and shall be responsible for designing and implementing an orderly presentation and review of the City Charter before the Charter Review Committee in accordance with the requirements of this Resolution. The City Attorney shall also provide legal guidance to the Committee, and assist the Committee with coordinating and facilitating the Committee's meetings and drafting the final report. SECTION IV. Other Technical Resources. (a) The City Manager, City Clerk, and Department Heads shall also serve as technical advisers to the Charter Review Committee, and shall assist in drafting the final report. (b) The City Clerk shall provide administrative assistance to the Charter Review Committee and shall be responsible for noticing meetings, preparing minutes, and archiving all public records. SECTION V. This Resolution shall take effect immediately upon its final passage and adoption by the City Commission. City of Winter Spring. Florida Resolution Number 2010 -04 Page 4 of ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Special Meeting duly assembled on the 25 day of January, 2010. In witness whereof, I have here onto- sit: my hand and caused this seal to be affixed. 6 6/4", __ : J N F. BUSH, Mayor - ATTEST: ' I) , ' A • f P LORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: / 1 3 -------- ANTHONY A. GARGANESE, City Attorney City of Winter Spring. Florida Resolution Number 2010 -04 Page 5 of 5