HomeMy WebLinkAbout2009 01 12 Informational 102 City CharterCity of Winter Springs
Regular Meeting January 12, 2009
011209_COMM_Informational_Agenda_Item_ l 02_City_Charter
Page 1 of 1
COMMISSION AGENDA
I Consent I I
Informational X
ITEM 102 Public Hearing
Regular
lanuary 12, 2009
Regular Meeting
Authorization
REQUEST: City Manager Providing the Commission with Information Regarding the City
Charter.
PURPOSE: This agenda item is needed to respond to the City Commission's request regarding
the City Charter.
CONSIDERATION:
At the December 8, 2008 City Commission Meeting the Commission requested information
regarding the City Charter.
On August 8, 2000 the City Commission passed Resolution Number 2000-27 establishing a
Charter Review Process.
The City Charter was fully rewritten and updated, and approved by the voters by more than a
two to one margin on September 4, 2001.
Based upon feedback received, the overwhelming support of the new Charter was in large part a
result of the carefully drafted amendment process that included the assistance of one of the
most highly experienced charter consultants in the country, and the broad base of public input
that highly suggested that the Charter Process was not a power play by a handful of people with
a personal agenda. Finally, utilization of the Model Municipal Charter written by the National
Civic League gave the process considerable credibility. The Model Charter is the "Bible" for
municipal charters. It is utilized by the predominant number of municipalities and municipal
consultants throughout the Country.
FUNDING: Not applicable at this time
RECOMMENDATION: This agenda item is for informational purposes only.
ATTACHMENTS:
a) Model Charter Overview
b) August 28, 2000 Regular Agenda Item "B" and Attachments
COMMISSION ACTION:
MODEL CITY CHARTER
SEVENTH EDITION
National Civic League
NATIONAL
ClV[C
LEAGUE
FOREWORD
It is in the 102nd year of the National Civic League's (NCL) service to America's
communities that we present the third printing of the seventh edition of the Model City
Charter. The seventh edition was originally published ninety years after the
Committee on Municipal Program of the National Municipal League' completed its
report containing the first model charter which was approved at the League's annual
meeting, November 17, 1899. Each of the successive editions has been the work of a
committee of distinguished individuals with wide knowledge and experience in
municipal government. We thank them!
The Model Charter Revision Committee for the seventh edition was appointed on
October 19, 1985. The new edition of the Model was approved by the National Civic
League's Board in February 1989. The committee was chaired by Terrell Blodgett,
Mike Hogg Professor of Urban Management, LBJ School, University of Texas, and
chairman of the National Civic League in 1986 and 1987. The revision project was
coordinated by William N. Cassella, Jr., League executive director, 1969-1985 and
coordinator for the last edition of the Model. The drafting consultant was Frank P.
Grad, director of the Legislative Drafting Research Fund of Columbia University.
It was evident as this latest revision effort began that the basic legal text of the sixth
edition had stood the test of the last twenty years, providing a solid base for the new
edition. During the revision process special attention was given to basic policy issues,
particularly the issue of representation. Since publication of the last edition, the
structure of representation in local governing bodies has been subjected to litigation
based upon the "equal protection" doctrine of the United States Constitution and
standards provided in the Voting Rights Act. The National Civic League's research on
local representation provided a firm base for considering the issue.
From the outset it was agreed that the Model should continue its endorsement of the
council-manager plan of municipal government and should address issues which have
been raised within the context of the plan. A special liaison committee was appointed
by the International City Management Association to assist the project. The liaison
committee was chaired by Donald F. McIntyre, former City Manager of Pasadena,
California.
Name changed to National Civic League (NCL) in 1986.
111
An issue which received particular attention was that of political leadership and the
role of the mayor in council-manager cities. At the 1986 annual conference of the
American Society for Public Administration a special session was held on "The Role of
the Mayor in the Council-Manager Plan" with a major presentation by James H. Svara
of the University of North Carolina, Greensboro, who has continued as the revision
project's advisor on this issue.
At each stage of the revision process, a working paper was prepazed by the project
staff for distribution to NCL's Model Charter Revision Committee, the ICMA Liaison
Committee, and a panel of advisors including political scientists, public administration
consultants, and individuals representing the National League of Cities, National
Association of Counties, Chamber of Commerce of the United States, League of
Women Voters, American Planning Association, Government Finance Officers
Association and International Public Personnel Association.
The National Civic League's Model Charter Revision Committee: Terrell Blodgett,
chairman, Austin, Texas; Eazl Blumenauer, Portland, Oregon; Thomas J. Clark, Long
Beach, California; Wayne A. Corpening, Winston-Salem, North Carolina; John C.
Crowley, Pasadena, California; R. Scott Fosler, Chevy Chase, Maryland; Randy H.
Hamilton, Berkeley, California; Robert A. Kipp, Kansas Ciry, Missouri; Liane
Levetan, Atlanta, Georgia; Gail Levin, Dayton, Ohio; John R. Miller, New York,
New York; Tom Moody, Columbus, Ohio; Bruce I. Petrie, Cincinnati, Ohio; Arlyne
Reichert, Great Falls, Montana; Jeanne Richman, Scazsdale, New York; Joseph
Robbie, Miami, Florida; George R. Schrader, Dallas, Texas; Noel Taylor, Roanoke,
Virginia; E. Robert Turner, Boulder, Colorado; David B. Walker, Storrs, ,,
Connecticut; David I. Wells, New York, New York; Richazd Wilkey, Des Moines,
Iowa; Jack D. Wickware, San Francisco, California; and Fay H. Williams,
Indianapolis, Indiana.
The International City Management Association's Liaison Committee for the Model
Charter Revision Project: Donald F. McIntyre, chairman, Pasadena, California; Mazk
K. Achen, Grand Junction, Colorado; Larry J. Brown, Hillsborough County, Florida;
Ernest R. Clazk, Bryan, Texas; William M. Costick, Farmington Hills, Michigan;
Eugene H. Denton, Johnson County, Kansas; David J. Krings, Peoria County, Illinois;
J. Thomas Lundy, Catawba County, North Carolina; Claude D. Malone, Jr.,
Montgomery County, Ohio; Craig A. McDowell, Corpus Christi, Texas; Robert D.
McEvoy, Schenectady County, New York; David R. Mora, Oxnard, California;
Robert J. O'Neill, Hampton, Virginia; J. A. Ojeda, Jr., Dade County, Florida; Robert
J. Schiedler, Barrington, Rhode Island; Donald L. Shalmy, Clark County, Nevada;
and Lowell J. Tooley, Scarsdale, New York.
The Panel of Advisors for the Model Charter Revision Project: Wayne F. Anderson,
Alexandria, Virginia; James M. Banovetz, DeKalb, Illinois; John E. Bebout,
Wellfleet, Massachusetts; Garey F. Butler, Eugene, Oregon; Richazd Carpenter,
rv
Sacramento, California; Joan A. Casey, Washington, D.C.; William G. Colman,
Potomac, Maryland; Rodney Colson, Hillsborough County, Florida; John Donaho,
Baltimore, Maryland; Roberta S. Ehrenberg, Haverford, Pennsylvania; Thomas M.
Flynn, Charlotte, North Carolina; Norman Gill, Milwaukee, Wisconsin; Parris N.
Glendening (assisted by John W. White and Tom Murphy), Prince George's County,
Maryland; Jonathan Howes, Chapel Hill, North Carolina; Joan Jessen, McMurray,
Pennsylvania; John M. Kamensky, Washington, D.C.; Thomas F. Lewinsohn, Kansas
City, Missouui; Aileen Lotz, South Miami, Florida; Daniel R. Mandelker, St. Louis,
Missouri; Howard N. Mantel, New York, New York; James P. McDonald, Fairfax,
Virginia; Bruce D. McDowell, Washington, D. C.; Howard D. Neighbor, El Paso,
Texas; Chester A. Newland, Sacramento, California; Orin F. Nolting, Prairie Village,
Kansas; Robert J. M. O'Haze, Stoughton, Massachusetts; Allen S. Olsen, Trenton,
New Jersey; John E. Petersen, Washington, D.C.; Ray Remy, Los Angeles,
California; Paul H. Sedway, San Francisco, California; Charlie B. Shepazd, Fort
Worth, Texas; Glen W. Sparrow, San Diego, California; D. Michael Stewart, Salt
Lake County, Utah; Richard J. Stillman, Fairfax, Virginia; Roger A. Storey, Davis
California; James H. Svara, Greensboro, North Cazolina; John T. Walsh, Hartford,
Connecticut; Leon Weaver, East Lansing, Michigan; and Joseph F. Zimmerman,
Albany, New York.
NCL thanks the many supporters of taus project including: California cities of
Bakersfield, Carlsbad, Modesto, Pasadena, and Visalia; Texas cities of Arlington,
Austin, Corpus Christi, Fort Worth, and San Antonio; the Michigan Municipal League
and the:Texas Municipal League. We also thank those who provided grants,.including:
the Carl and Lily Pforzheimer Foundation, the Murray and Agnes Seasongood Good
Government Foundation, Hallmark Cards, Industrial Properties Corporation of Dallas,
the Ahmanson Foundation, the Lomas and Nettleson Financial Corporation of Dallas,
the Kansas City Star, and the Norton Company Foundation of Worcester,
Massachusetts.
Acknowledgement is also made of the excellent cooperation from the staffs of the
International City Management Association, National League of Cities, National
Association of Counties and American Society for Public Administration in arranging
committee meetings and special sessions in connection with their national conferences.
The great diversity in the membership of the project committees and the panel of
advisors means that few will endorse every position taken in the revised Model. The
views of all were carefully considered. However, NCL alone accepts responsibility
for the recommendations contained in the Model.
Each edition of the Model Ciry Charter has reflected the conditions of municipal
government at a particular time. This edition comes at a time when many cities with
essentially sound governmental structures have a need to simplify their charters,
eliminate archaic provisions and transfer detailed descriptions to the administrative
code. In all cases the provisions of the Model must be viewed in the context of state
law and must, if necessary, be altered to conform to specific legal requirements. The
Model is a working tool for all those engaged in efforts to improve the structure and
procedures of local government and thus increase its effectiveness.
Christopher T. Gates, President
National Civic League, Inc.
1996
vi
A
City Manager Department
Regular Agenda Item "B"
August 28, 2000
COMMISSION AGENDA
ITEM B
8-28-00
Meeting
CONSENT
INFORMA'I IONAL
PUBLIC HEARING
REGULAR X
M R. ~ DEPT
Authori ation -
REQUEST: City Manager requesting the Commission to review and consider for
adoption Resolution #2000-27 for a Charter Review Process and other matters related
to review of the City Charter.
PURPOSE: The purpose of this agenda item is to provide the Commission with a
process for reviewing the City Charter.
CONSIDERATION:
The City Commission has requested staff to provide the Commission with a process for
reviewing its City Charter.
The process provided for in Resolution #2000-27 employs the following.
1. Consistency with the Model Charter as written by the National Civic League.
2. Broad scale citizen input in both the identification of issues worthy of
consideration for submission to the electorate, and extensive public education
relative to the merits of the issues and chosen recommendations.
3. Top notch professional assistance to the Citizen Advisory Committee and the
City Commission.
4. An Objective and disciplined process.
The process provided for in Resolution #2000-27 was a product of Marilyn Crotty of the
University of Central Florida Institute of Government, the City Attorney, and the City
Manager.
City Manager Department
Regular Agenda Item "B"
August 28, 2000
The Commission will need to decide if it desires to complete the process in tune for the May
2001 Local Option Sales 1'ax referendum being considered by the County or some other
time.
We are proposing approval of the Lead Consultant Jim Burgess. I have discussed Mr.
Burgess' credentials with you in the past. Mr. Burgess' credentials are attached for your
review. Mr. Burgess' credentials and credibility in this type of work are self-explanatory.
Mr. Burgess is available to begin work immediately if we are able to make a commitment
right away.
In the role of Lead Consultant Mr. Burgess will coordinate with the Project Coordinator,
facilitate and review all technical input, provide legal analysis, and publish draft and final
reports.
FUNDING: It is anticipated that the process as provided in Resolution #2000-27 can be
completed for not more than $25,000. Mr. Burgess' fee will be $7,500 plus out-of-pocket
expenses. University of Central Florida fee will be $4,000 plus out-of-pocket expenses.
RECOMMENDATION:
1) The Commission review and consider for adoption Resolution #2000-27 with
amendments it might deem appropriate.
2) The Commission determine the time line in which the Commission would like to
complete the project.
3) The Commission review and consider for approval of Mr. Jim Burgess as the
Lead Consultant for the project.
4) The Commission authorize a supplemental appropriation of $25,000 General
from General Fund Revenues for implementing the Charter Review Process.
ATTACHMENTS:
1) Resolution #2000-27.
2) Jim Burgess Resume.
COMMISSION ACTION:
AT1"ACHMENT 'A"
Resolution #2000-27
_____ _._
S _ - - _._
RESOLUTION 2000-27
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA
PROVIDING FOR THE ESTABLISHMENT OF A
CHARTER REVIEW ADVISORY COMMITTEE,
SETTING OUT RESPONSIBILITIES, AND
REPORTING REQUIREMENTS.
WHEREAS, in 1981 the Charter of the City of Winter Springs, Florida was adopted
by referendum, and
WHEREAS, the Charter has from time to time been amended, and
WHEREAS, there are certain provisions of the Charter that have been challenged
relative to interpretation of its provision, and
WHEREAS, there has been an expression of interest among City Officials and
members of the public for a review and modernization of the Charter, and
WHEREAS, as 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, the seventh edition of the "Model City Charter" as updated and
published by the National Civic League in February 1989, is the most current template for
City Charters, and
WHEREAS, the Winter Springs City Charter has not been reviewed for consistency
with the current "Model City Charter", and
WHEREAS, it is the desire of the Winter Springs City Commission to have the
current Winter Springs City. Charter reviewed for consistency with the current "Model City
Charter", and
WHEREAS, the Winter Springs City Commission desires to provide an open,
objective, and deliberative process to provide ample opportunity for the public to participate
in the City Charter amendment process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, AS FOLLOWS:
-- -
- _ _ - -
~t
Section I. Committee: There is hereby established the City of Winter Springs Charter
Review Advisory Committee, which shall be an ad-hoc committee composed of six
members, appointed one each by the Mayor and City Commission. The members shall serve
for the duration of the Committee as provided herein.
Section II: Committee Responsibilities: The Committee shall have the responsibility
for working with the technical resource team reviewing the City's existing City Charter and
providing recommendations to the City Commission for modernizing the existing City
Charter in order to be consistent with the seventh edition of the "Model City Charter"
published by the National Civic League. In their review the Committee shall not make
recommendations relative to changing the current form of government from the Commission-
Manager form, but shall determine what changes need to be made, if any, to make the City's
current form of Commission-Manager government consistent with the provisions provided
for in the seventh edition of the "Model City Charter" published by the National Civic
League. All meetings of the Committee shall be open to the public as provided by
Florida Law.
Section III. Technical Resource Team: There is hereby established the Technical
Resource Team which shall be made up of three highly competent professional members
whose area of expertise and experience include local government charters, codes and
administration.
Technical Resource Team Responsibility: The responsibility of the Technical Resource
Team shall be to review the current Charter, to review public input, to assist the Citizens
Advisory Committee in analysis of the Charter and public input and formulating Charter
Amendment recommendations, to publish recommendations for updating the Charter
consistent with the seventh edition of the "Model City Charter", and publish on behalf of the
Charter Committee a final report to the City Commission. In addition, the Technical
Resource Committee shalt publish an exception report with the City Commission
highlighting any recommendations of the Charter Review Committee which in its
professional judgement are not consistent with the seventh edition of the "Model City
Charter" or may not be in the direct best interest of the citizens of Winter Springs.
Project Coordinator; The City Commission shall contract with the Institute of Government
at the University of Central Florida to coordinate the Charter Review process on behalf of the
City of Winter Springs.
Duration of Project: The Charter Review Committee shall present its final report and
recommendations to the City Commission no later than the first meeting in February of 2001,
which is the meeting of February 12, 2001.
Pagc 2 of 4
Organizational Chart
PUBLIC
Mayor
Commission
Project
Coordinator
Project Liaisons
City Manager
City Attorney
Technical Charter
Resource Review
Committee Advisory
Committee
Process: The Charter review process shall be as follows:
I. Adoption of Resolution
II. Agreement with CFU
III. Employment of Technical Team
IV. Appointment of Citizen Committee
V. Session I-Full Project Team/Public Meeting
a) Technical Team Meeting
b) Project Team Orientation
c) Public Meeting
1) Overview of Process
2) Public Input
3) Call for Position Papers
d) Project Team Debriefing
VI. Session 2 -Full Project Team
a) Project Team Meeting
b) Review of Draft 1
c) Consensus on Provision Alternatives
VII. Session 3 -Full Project Team/Public Meeting
a) Project Team Review of Z"d Draft
b) Public Meeting on Second Draft
c) Project Team Debriefing
Page 3 of 4
VIII. Session 4 -Project Team/Public Meeting
a) Presentation of Final Report to Mayor andCommission
b) Public Input
c) Commission Direction to staff.
d) Charter Amendment Referendum Ordinance _, First Reading
e) Charter Amendment Referendum Ordinance _, Second Reading
IX. Public Workshop
I. Tuscawilla
2. Oak Forest/Hacienda
3. Highlands
4. Any Other Locations Required By The City Commission
X. Referendum
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 28th day of August , 2000.
Paul P. Partyka, May
ATTEST:
r/ ~}
~ ~- `~L~-------
ndrea Lore - , uaces, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR~Hf CITY OF WINTER SPRINGS ONLY:
~~ ~~
Anthony A. Garganese, Ci Attorney
Page 4 oC4
ATTACHMENT "B"
fim Burgess Resume
RESCJME
raM~s v. ~aUncESS, rat.
Education
1951-1955 University of North Carolina, Chapel Hill, NC. B.S. in
Business Administration. Self-financed through
student employmeztt at the Morehead Planetarium,
as an astronomy narrator and technician.
1959-1960 University of Pennsylvania, Philadelphia, PA. whereon
Ocaduaie School, Division of Business and Govern- _
mental Administration. Master's Degee in Govern-
mental Administration. Gn~duate with Distinction
(Class Rank No. 1) Self financed with scholarship aid.
1964-67 Woodrow Wflson G~ollege of Law, Atlanta, GA. Juris Doctor
of Law Degree: Magna corn laude graduate and
valedictorian. President, Senior Law Class. Law study
self financed.
Experience
January 1,1996 to Private I.aw >E'ractice, City of Social Circle, Ga.
Present
Senior Associate, Institute of Corruttunity and Area Development
and Institute of Government, the University of Georgia
July, 1983 to Executive Director, the Georgia Municipal Association. Director
Dec. 1995 of a statewitda association of 430 cities with an annual operating
budget of 54.2 million and a staff of 52 employees. Major programs,
and accoanplishmcnts:
- Long-range annual strategic plan.
-Joint annual city-county legislative program (First in nation).
- Automated legislative liaison and tracking program.
- 5130 million munioipal lease pool program.
- Naw 25,400 square foot Association headquarters building.
- Expanded rriembership services, with assets totaling 5270 million.
- Expanded trai~aing progratzis for municipal officials through the
Municipal Training Institute.
- Leadership in establishing the Georgia Future
Communities Commission.
jaMES v. suRCkss,1R.
(Continued)
• Unfiutded Mandates l.egisladtan.
• Redpient of "Ihe 19'95 Georgia Key Citizen Award.
i9~0-91 Mrmbst• of State Blue Ribbon Comatission on -
Ettdcs and Cosion ors Excellence in Education.
1990-91 Member of the Task Fo~rre an Pfnancing Educat3ol~,
Ceorg~a Partnership for Fxe~ellence in Education.
1988-89 Member of the govemmeatal task force of the
Governor's C,rowth 5trategir~ Conuonissio~n.
1989 Redpient of the L Howard Atherton Award.
This award recognizes outstanding service to Geargia~s --
local governments.
1988 Served as a ccrosultant to the Union of
Munidpakities of the Marmare Region (1UMMR), Istanbt~,
"Porker, undo contract with the Turkish gP~
Progaawau of flue Organizafion for Ecaawadc Cooperation
and• lyevelopmen#, Paris. Ftatuce. Keviewed wit}i member
municipalities the progrRSS of a self-dc~relopment progc~m
of tl~ regional organizatiorR, conducted an evaluaion
seminar oft strategic plamtiug fdr the region and submitted
a final rtpost of recommendations far improvaone~nt.
199a S4rv~ed aS a ConSttlt~ant to Local governments in•~toi7ia
as a membtr of a team of representatives from the •InsfitUte
of Community and Area ihwtloprnertt; University of
• Georgia.
19'81=1983 Sole practltion~er in ge:teral practice of
Iaw. Al6o, doting this period, served as• leg[siatfve~ ldedson
for Fulton County td the Georgia Ge=teral Asseatbly.
1967=1981 ~}'.~~ tbHc Reseuch~_Mana~ernent.
Ync.. (PRMk, Atiamta.S~ Owner and director of a
. managenustt consulting and code publishing firm witht
.. offices to Atlanta and 1Nashington providing
management, plaru~+g, and code nvislon strviees
to appraoda-atdy 600 mtmicipal ar~d county
climb.
2
JAMES v. BURGESS, Jlt,
(continued)
,~p~~~i~nments While Serving ~g~ident of FRM
include:
• Special Consultant to Director of interg~overtunental -
R~elations Division, YI.S. Department of f-Iousitlg and Urban
Development, Washington, D.C. (1967-69).
• Assodate City Attorney for Legislative Liaison, City of
Atlanta (1968-69).
Consuitarrt to National L• vague of Cities to provide technical
assistance tv state thuniapal leagues ~19~68-69).
• Assistant to tYue Attorney General of Georgia in the -_
preparation of legislation to implement recoAiatiendatioas
of the Atlanta Fulton County Study Catnmission (X 9TJ ~.
• Member of the cou~autt,ee on revision of Counties and
Municipal Corporations Article of flue Select Committee on
Conatitutiongl Revision in Georgia (1980-81 j.
• Staff attorney to the Ceoxg,-a Urban Task Farce (T981 j.
• Attorney and coxusultatt to dty-county consolidation
connmissions in Athezts-Clarke County, Colua~bus-
Muscogee County, Brunswick-Glynn County, Macomb
County, Albany .~o~~y County, Savannah-Ctwtham
Cottttty and Dalton- eld County, Georgia; also, in . •.
Durham Dttrhani County, NC; Gainesville and Aladtua
County, Floridan and„ attorney to the City of Atlanta Charter
Commission, Atlaattab Georgia.
i9~63-1967 Assgs~,~ Directb~r. Cearg~a„~unidna! Asaocistian.
Inc., Atl~ta. GA. Prin7arc~y responsibit for GMA's Bch
and training programs; assisted with state tegislatEan Liaison
activities and assisted the GMA Executive Director with the
day-today admirastration of GMA ptvgrams ai-d activitits;
including dfstrict yocteetix~s and fife a:tntral convention.
'W'hile employed by GMA, was appoinbed•as a
represe~citative of the National Ulan Ittforrnation 1'aslc
Force, sponsored by the National League of Ctties and -the
u s. Conference of Mayors (196.
3
1961963
1959-1362
assistance to municipal ~ county officials throughout
Georgia. Arras includeod lav, u~anageatent; finar-ae,
budgeting and pasoz~n+el ad~atirds(ratlon.
J~unidFalS~Ralai~ N-C Cott~ducted field visitations and
rvork~ed with local offitiala on murtiatpal problems such as
community developm~t, arutexation, utility extension
polides, budgeting ~uul:Hrtiazu~r.
i45B,1959 Town Ma~nag~ ~~ of 'V~ldesa. N.C Scrved as chfef
~cecutivt officer.
1957195$ Assistant Cit~bL~agtr, City of GasMni,,,,a~,~~
Assisted dry manager to administt-anon of day-to-day
operations.
1958-1457 U.S. Arrn~ -Artillery
MEMBBRS~~PS AND ORG~ANIZATiQNS
Sigma Delta Kappa Law 1?raternity
Georgia Bar ,Assodatian
American Bar Assodation
Past Presiden# Geo~rgla Ci~apter, American Sudety !br Public
Administration
Community •Developets' F4rtun
American Sudety of A~odation btecutzvea
Southern 11K~midpal Conference
• NLC Hoaar+d of Directors
Univecaity of Georgia Public Service Advisory Council
Y7ate ds Place of firth:
Married:
Children:
Leisure:
September 1~, 193, Wawhingtort, D.C.
Madeline B. Burgess
>;ttciat, Beth and Vance
Golf
4
JAMES V. BI7RGESS, JR.
(Continued)
O-G~- GIC.lYJYJ .~ .cur i•i
i r.ui•~ .., are uur.u u,.~..i i i ~, ~+uw ..~..'u~.+
James V. Hurgess, Jr.
MUNICYPAL AND COUNTX CHARTER EXPERZ$HCE
1. City-County Consolidation and Inter v_~ezrunental Rel„a~tions.
Aaytona Beach, Florida An intergovernmental relations study.
Cumberland County, North Carolina An intergovernmental relations study.
Bristol, Z~ennessee-Virginia An intergovernmental relations study.
(Planning Comnissio~n )
Gai.nesville~Alachua County,
Florida
Sauth Carolina Appalachian Regional
Planning Commission
Columbus--trFusc~ogee, Georgia
Arunswick-Glynn County, Georgia
Athens-Clarks Coarity, Georgia
Macon-~ibb County, Georgia
Dalton-iAhitfield, Geoz~gia
Durham-Durham Cour-ty, North Carolina
Albany-Dougherty County, Georgia
Savaru~ah-C~,atha~a County, Georgia
Bxunswidc-Glynn County, Georgia
Atlanta-FU1Con Co~u~ty
study Goamission
A city-county consolidation study.
Analysis of intergovernmental
relations within the region.
A city-county consolidation study.
A city-~oounty opn.~cslidation study.
A Cfty~-county consolidation study.
A city-vaanty consolidation study.
An intergoverrun~tal analysts of
service delivexy ~ identify over-
lapping and duislicative services and
provide for alternative solutions.
A city-Krounty consolidation study.
A city-~munty apnsolidation study.
A aity~-county consolidation Study.
An identification of .taxing districts
far a possible acxLSOlidated city-
aounty governma~t.
Evaluation of alternative city-
aaunty serviae,r3alivezy systems.
2. Charter Revisions and al Research.
Gainesville, Georgia A revision of the city's charter.
South Catvlina Municipal A contractual agreem~lt with the
Association association try revise and prepare codes
of ardiriances for trtiniciPalities.
h^ • b
V f.J G1C.IILJYJ J LVr 1'I 1 !\VI.1 J 11'1 UUIIUL JJ / / YJ KU4 J~iUU
r i
Pennsylvania Boroughs' Association
North Carolina League of
Municipalities
Georgia Municipal Association
Morganton, North Carolina
Maryland Municipal League
LaGrange, Georgia
Senofa, Georgia
Atlantd, Georgia
High Point, North Carolina
Calhoun, Georgia
Hapeville, Georgia
Raleigh, North Carolina
Macon, Georgia
Athens, Georgia
Gretna, Virginia
Calhoun, Georgia
A contractual arrangement with the
association to revise and prepare codes
of ordinances for boroughs.
A contractual arrangement with the league
to revise anc- prepare codes of ordinances
for municipalities.
A revision of Georgia State Statutes
with regard try municipal law revisions.
A revision of the city's charter.
Preparation and revision of the local
government article of the proposed
Maryland State Constitution.
A revision of the city's charter.
A revision og the city's darter.
A revision of the city's charter.
A revision of tl~e city's charter.
A revision of the city's charter.
A revision of the city `s charter.
A revision of the city's charter.
A revision of the city's charter.
A revision of the city's charter.
A revision of the city's darter.
A revision of tt~e city's darter.
-2-
CHARTER REVIEW SCHEDULE
September il, 2000 Commission Appoints Committee.
September 26, 2000 Orientation
October 11, 2000 Issue Malysis
October 12, 2000 Issue Malysis
November 14, 2000 Draft Charter Review
January 17, 2001 Workshop -Committee Presentation of Charter
Recommendations to the Commission and Public
February 12, 2001 1" Reading of Charter Amendment Ordinance
February 26, 2001 2"~ Reading of Charter Amendment Ordinance
February 28, 2001 Ordinance filed with Election Superintendent
March Public Education
April Public Education
May 8, 2001 Referendum
SESSION I
ORIENTATION
Council Chambers
The purpose of this meeting is to introduce the project team to team members and to the
public; to review logistics and to familiarize the project teams and public with the charge of
Commission and study process as provided in Resolution 2000-27 and to call for written position
papers proposals.
Particioants•
City Governing Body
Charter Review Committee
Project Facilitator
Project Liaisons
Lead Consultant
S:OOPM I. INTRODUCTION OF FACILITATOR Ronald W. McI..emore
II. FACILITATOR COMMENTS
III. INTRODUCTIONS
IV. PROCESS OVERVIEW
a) Commission Charge to Committee
b) Decision Making (Consensus-Facilitator
c) Schedules -Times -Locations
V. SUNSHINE DISCUSSION
6:30PM BREAK
7:OOPM VI. PUBLIC WORKSHOP
a) Introduction of Facilitator
b) Introduction of Committee/Staff
c) Commission Charge to Committee
d) Process Overview
e) Call for Papers by October
f) Public Input
9:OOPM ADJOURN
Marilyn Crotty
Marilyn Crotty
Marilyn Crotty
.Anthony Garganese.
Ronald W. McLemore
Marilyn Crotty
Marilyn Crotty
Marilyn Crotty
Marilyn Crotty
Page 1 of 3
SESSIONS II, III, IV,~y~ V
ISSUE ANALYSIS/RECOMMENDATION
The Purpose of these four sessions is for the project consultants to provide the Charter
Review Committee with a detailed analysis of the existing Charter as compared with the Model
Charter, an analysis of the 13 Charter Ameadmeats presented to the Citq, analysis of proposals
provided in position papers and public comments, to identify recommendation alternatives, and
receive direction provided by the Charter Committee as to chosen recommendations.
The analysis and recommendations will be provided through working draft memorandum.
Participants - Project Team Session:
Full Project Team
Participants -Public Meeting:
Full Project Team
Public
Rules:
.All work sessions are Facilitators Lead. Decisions relative to recommendations are made by
consensus. Issues is which consensus recommendations cannot be accomplished are left on the
table until the final meeting. Unresolved issues will be concluded by vote at the last issue analysis
meeting.
4-6:30PM PROJECT TEAM MEETING
I. Opening Remarks Marilyn Crotty
II. Staff Presentations Jim Burgess
III Committee/Staff Discussions
IV. Committee Consensus and Direction to Staff
V. Closing Remarks Marilyn Crotty
6:30-7:OOPM BREAK
7:00-7:45PM PUBLIC INPUT
I. Opening Facilitator Comments Marilyn Crotty
II. Public Comment
III. Closing Facilitator Comments Marilyn Crotty
7:45-8:OOPM BREAK
8:05-9:OOPM PROJECT TEAM MEETING
I. Opening Facilitator Comment Marilyn Crotty
II. Committee/Staff Discussions
III. Committee Consensus and Direction
IV. Closing Facilitator Comments
V. Adjourn
Page Z of 3
DRAFT CHARTER
Puroose: The purpose of this session is to provide the committee and public with the Draft Charter
and to receive any final direction the Committee desires to provide.
Attendance•
Full Project Team
Public
All work sessions are Facilitators Lead. Decisions relative to recommendations are made by
consensus. Issues in which consensus recommendations cannot be accomplished are left on the
table until the final meeting. Unresolved issues will be concluded by vote at the last issue analysis
meeting.
4:00-6:30PM PROJECT TEAM MEETING
I. Opening Facilitator Comments Marilyn Crotty
II. Staff Prescntations Jim Burgess
III. Committee/Staff Discussions
IV. Closing Facilitator Remarks Marilyn Crotty
6:30-7:OOPM BREAK
7:00.7:45PM PUBLIC INPUT
7:45-8:OOPM BREAK
8:00.9:OOPM
I.
II.
III.
IV.
v.
PROJECT TEAM MEETING
Opening Facilitator Remarks Marilyn Crotty
Committee/Staff Discussion
Committee Consensus Directions to Staff
Closing Facilitator Remarks Marilyn Crotty
Adjourn
Page 3 of 3
SPECIAL EDITION
WINTER SPRINGS CHARTER REVIEW
CHARTER REVIEW PROJECT: .
On August 28, 2000 the Winter Springs City Commission adopted Resolution 2000-27 authorizing the Winter Springs
Charter Review Project including the project team, process, and schedule.
PURPOSE:
The purpose of the Charter Review Project is to provide an objective, disciplined and professional process for updating
and modernizing the city's charter with broad-scale citizen participation.
The National Civic League, a nationally respected not-for-profit association of local government scholars, practitioners
and interested citizens, dedicated to the continuing reform of state and local government, states:
"Faulty governmental machinery is responsible for more governmental ills
than most people suspect. Other things being equal, the better the charter
the better the government"
The City Charter has not received an overall review since 1981. Some citizens and public officials have stated the need
for a review. The Charter Review Project will address these concerns and bring the charter up to date with current law
and recognized best practices of municipal governance.
PUBLIC PARTICIPATION:
It is the intent or the Commission to provide for broad scale public awareness and participation. Tl+is will be accomplished
through:
>Utilization of a Citizen Advisory Committee
>Publicized open meetings
>Creation of a Special Charter Review Project website.
>Publicized public education workshops.
>Citizen access to written reports.
>Objective consideration of written and oral proposals from the public.
OBJECTIVE DISCIPLINED, AND PROFESSIONAL PROCESS:
It is the intent of the Commission to provide an objective, disciplined and professional process for reviewing the charter
in such a manner that it will not be controlled by any special interest group. In order to accomplish these objectives the
Commission has taken the following actions:
>Placed management of the Charter Review Process in the University of Florida Institute of Government.
> Vested the responsibility for the formulation of recommendations for improving the current city charter in a
Citizen Advisory Committee made up of six outstanding local citizens.
>Provided the Citizen Advisory Committee with a Technical Assistance Team made up of a superlative group
of experts in the field of local govcrmnent management.
~(~'+~ >Adopted Resolution 2000-27 specifying how the charter review process is to be carried out, and specifying tl+e
~,, roles and responsibilities of the project team members.
>Mandates that Charter improvement recommendations must be consistent with the Model City Charter prrpared
by the National Civic Lcaguc, which is recognized nationally as the ideal template for City Charters.
PROJECT TEAM RhSPONSIRILITY:
The Project Team is made up of three components: the Project Coordinator, Charter Review Advisory Committee, and Technical Assistance
Team. The Project l'cam is responsible for developing and making recommendations to the City Commission for updating and modernizing
the City Charier consistent with the Model City Charter prepared by the National Civic League.
("hatter Rcvicw Advisory Committcc:
The Charter Rcvicw Aclvtsory Committcc is made up of the li~llowing rc;idcnts of Winter Springs:
Drank Adams Engineer, United Srucs Department of Dcfensc.
Honorable'I'om Freeman Judge, Seminole County Circuit Court.
Donald Gilmore Engineer, Sicmcns Westinghouse Power Corporation.
Sally McGinnis Licensed Community Association Manager, Paine Anderson Properties, Inc., Member,
Winter Springs Roard of Adjustments.
Robert Ori CPA, President, Public Resource Management Group, Inc.
William Reischmann Attorney, Stenstrom, McIntosh, Colbert, Whigham & Simmons P.A. City Attorney,
Orange City, Florida.
September 26 2000 -Charter Review Kick-off Public Workshop:. The first public meeting of
the Charter Review Project will be held at 7:OOPM, September 26, 2000 in the Council Chambers
of City Hall.
('itizen Proposals: All persons wishing to present Charter Amendment proposals are encouraged
to present them in writing no later than October 4, 2000 to Marilyn Crotty, Central Florida
University Institute of Government, 36 West Pine Street, Suite 204, Orlando, FL 32801. If this is
not feasible, you may present written or oral proposals at the September 26, 2000 Kick-off Public
Workshop.
For Additional Information: If you feel you need additional information call Project Coordinator
Marilyn Crotty at 407-317-7745, City Manager Ronald W. McLemore at 407-327-5957, or visit the ~
Charter Review Project Website at www.winterspringsfl.org/chartercommittee.htm
CHARTER REVIEW SCHEDULE
MEETING AND WORKSHOPS
September 2h, 2000 SP~~1 City Hall Project "Ceara -Orientation
September 2G, 2000 7P~'1 City 1-lall Public Workshop -Orientation
October 1 1/12, 2000 4PM City Elall Project Tcam -Issue Analysis
October 11112, 2000 7PM City Hall Public Input -Issue Analysis
October 11/I2, 2000 8PM City Hall Project Tcam -Issue Analysis
November 14, 2000 4PM City Hall Project Team -Draft Charter Review
November 14, 2000 7PM City Hall Public Input -Draft Charter Review
November 14, 2000 8PM City Hall Project Team -Draft Charter Review
January 17, 2001 7PM City Hall Public Workshop Presentation of
Charter to Commission and Public
February 12, 2001 6:30PM City Hall Public Hearing - 1st Reading
Charter Amendment Ordinance
February 26, 2001 6:30PM City Hall Public Hearing - 2nd Reading
Charter Amendment Ordinance
March/April, 2000 Time, Dates and Placest o be announced Public Education Workshops
*May, 2000 Date to be announced Referendum
* The May 2001 referendum date is contingent upon the county's decision to schedule a
referendum on re-authorization of the 1-cent Local Option Infrastructure Sales Tax. If the
county does not set the referendum on this date the city Commission will establish a special
election date for the Charter Referendum.
** If meeting schedules are changed public notice will be given via posting at City Hall,
newspapers and the city web page address www.winterspringsfl.org/chartercommittee.htm.
CHARTER REVIEW PROJECT GOAL
Our goal is to improve your city's effectiveness and to encourage participation in your city government
through improvements in the City Charter.
What is a local charter?
• [t is the basic law that defines the organization, powers, functions and essential procedures of your city
government. It is comparable to the state constitution and to the constitution of the United States. The
charter is, therefore, the most important single law of any local government.
• Even the best officials are handicapped or frustrated in their endeavors to improve public services by
ill-advised or out-of--date charters.
• Good men and women arc reluctant to accept office in an unworkable system and are attracted to one
wl~icl~ is well organized and effective.
Other things being equal, the better the charter the better the government.
NATIONAL CIVIC LEAGUE
BROWN, V'VARD, SAL~MAN & WEYSS, P.A.
ATTORNF,YS AT LAW
Usher L. Brown
JohnJI. Ward'
Gary S. Salzman°
Jethey S. Weiss
Su2aane D'Agresta
AIIthoay A. Gar~ncsc°
Scott D. Uanahy
Jam[x G. Vickaryous
At1r60A CarrtlirtC McDOnaid
Allied Truesdell
Arshur R "Rand' Brown, Jr.
• Board Cutified Civil Trial Lawyer
• Board Certified Busincst Latig~tian IBwyCr
° Board Cwttfied Ci[y. County Ac Catal Covanmcnt Law
September 26, 2000
Yia Facsir»ile and U.$-j~uil
Charter Review Committee
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708-2799
Re: Introduction and Sunshine Law
Members of the Charter Review Committee:
i 1 1 North Onwge Ave., Suite 875
Post O!'fice Box 2873
Orlanda~, FL 32802-2873
(407) 425-9566
(407) 425-9S96J~AX .
B[nail: fimr~orlandolaw.net
W ebsite:.vww. orlandolaw.net
Congratulations on being appointedto the City of Winter Springs Charter Rcvicw Committee
("Committee"). As members of the Committee, you arc about to embark on a comprehensive review
of the City of'Winter Springs Charter. Under the dtrcctive of the City Commissi on, you are required
to bring forth recommendations to update the City Charter consistent with Resolution No.2000-27.
The Charter Review process is of extreme importance to the operation of the City's
governmental affairs. The City Charter is the orgaxtie law upon which the City of Winter Spriggs
government is established and is ultimately promulgated by the people of Winter Springs by
referendum to cover matters pcctaining to the local civil government of the City. It is, therefore. a
tremendous honor and responsibility for you to be a member of the Committee and to recommend
changes to the City Chartar. Your recommendations will have a profound impact on city
government in Winter Springs. I atn confident that each Committee member's contribution to the
Committee will be extremely valuable to our community and, as the City Attorney, it is with great
pleasure and anticipation that I look forward to assisting the Committee.
As a member ofthe Committee. you should be aware that the Committee is subject to the
)rlorida Sunshine Law. Tllerefore, the discussions, deliberations, and formal actions of the
Committee and its members must be conducted during a public meeting in accordance with the
~~
Chartec Review Committee
September 26, 2000
P~o2
Sunshine Law. The Sunshine Law applies to anx gathering, whether formal or casual, of two or
more members of the Cotn,nittee to discuss some matter on which foreseeable action will be taken
by the Committoe. Thus, all functions of the Committee and its members, which relate to the affairs
and duties of the Committee, must occur at a duly advertised and held public meeting of the
Committee. City Staff will insure that proper notice is given of the Committee meetings.
Committee members, however, are not prohibitod under the Sunshine Law from meeting
together socially, provided that matters which may come before the Committee arc not discussed at
such meetings. Moroover, Committco members will normallybe pertnitted to mett with members
ofthe technical advisorystafl'and othernon-committee meutbers individually to discuss Committee
business. but you should only do so when. other Committee members are not present. I suggest the
Committee members follow this simple rule:
1Vlembers o1' the Committee should refrain from communicating
among themselves on issues pending before the Committee, unless
those communications occur at a duly held public meeting of the
Charter Review Committee.
Again, I wish to con~atulate you on your appointment to the Cityof~Winter Springs Charter
Review Committee. I look forward to assisting you in successfully accomplishing the task assiyncd
by the City Commission.
Please do not hesitate to contact me should you have any questions regarding the Sunshine
Law or any other issue relative to serving on the Charter Review Committee.
Anthony A. Garganese,
AAG:mw
cc: Ronald McLemore, Ciry Manager
F:~DOCS~City of Wlnter Spring~OMttalK:harwr Revitw CoROnitttc~Co~eapondrnuWltmbent.Ia.09.26.00.nwv