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HomeMy WebLinkAbout2001 02 26 Consent A Approval of the January 18, 2001 City Commission Special Meeting Minutes COMMISSION AGENDA ITEM A Consent X Informational Public Hearings Regular February 26. 2001 Regular Meeting Mgr. / Dept. Authorization CONSENT A. Office Of The City Clerk Approval Of The January 18,2001 City Commission Special Meeting Minutes. ,J' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING JANUARY 18,2001 I. CALL TO ORDER The Special Meeting of January 18,2001 was called to order by Mayor Paul P. Partyka at approximately 6:33 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, absent Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Mayor Partyka advised those in attendance that former City Clerk, Mary T. Norton had passed away. There was a moment of silence in her memory. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. III. REGULAR A. City Manager Requests The City Commission Consider The Presentation And Draft From The Charter Review Committee. The Members of the Charter Review Committee, and all those involved in this effort were thanked for their efforts. Ms. Marilyn Crotty, Project Mediator addressed the Commission and introduced the Members of the Charter Review Committee, Mr. Jim Burgess who served as a consultant, was introduced and spoke briefly of the process. Mr. Don Gilmore. Charter Review Committee Member: advised the Commission that they had received a lot of input from the community, and that he supports this report as presented. .. if' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 18,2001 PAGE 2 OF 8 Judge Tom Freeman, Charter Review Committee Member: spoke of dissent; powers; and that he felt there were some major problems; and said that he would not vote for the report, as presented. Ms. Sally McGinnis, Charter Review Committee Member: was pleased with the effort, and was in support of what was mandated by the Commission. Ms. Jacqueline Adams, Charter Review Committee Member: did not address the Commission. Mr. Bill Reichmann, Charter Review Committee Member: advised the Commission that he felt that the scope of their work was limited by the Resolution that enacted this Committee; that he was proud of the work the Committee did; and he supports the Charter. Mr. Jim Burgess, Consultant: addressed the Commission and said it was his pleasure to work with this Committee and commended Ms. Crotty for her contributions to this project. [NOTE: The copy of the "Revised Charter" that was referenced in this discussion, was noted as the document attached to an email cover sheet labeled "Jan Palladino."] Regarding the "Boundaries," Mr. Burgess mentioned that they are the same as they were, "However from a formatting standpoint, we've taken them out of the front of the existing charter, which is rather cumbersome, and have added them as 'Appendix A' to the charter. They are also on file in the Office of the Clerk." This was considered not to be a substantive change. The "Powers" of the City were also discussed with the notation of two (2) additional paragraphs being added, '(a)' and '(b),' which dealt with "Municipal Home Rule Powers" and Chapter 171 of the Florida Statutes. Mr. Burgess then stated, "'Article II', which begins on page two (2) of the proposed revised charter, is a revision of' Article IV', of the present charter. Let me just say that the subject matter in your present charter is a jumble of subjects scattered throughout the document. What the Committee did was try to reorganize the present charter, so that all items relating to the same subject matter, would fall in the same Article." Section 2.02. (a) Composition. Mr. Burgess explained that this was considered to be a substantive change as the size of the "Council" is being changed to a total of five (5) members. 1, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 18.2001 PAGEJOF8 Section 2.02. (c) Term Limits. This was also noted as a substantive change, as the term of office would change to a four (4) year tem1 of office. Discussion. Section 2.03. Mayor. Mr. Burgess explained that this was another substantive change, as the Mayor in the proposed charter would be elected from the members of the counci I. Section 2.04. Compensation; Expenses. Mr. Burgess mentioned that "Under the current charter, your compensation is fixed annually by ordinance, but the ordinance has to become effective - there has to be an election within six (6) months of the effective date of that ordinance." Mayor Partyka inquired, "Mr. Burgess, the way that we currently have it by Resolution, in effect - this is money coming in. Is that considered compensation in actual fact, or is it not?" Mr. Burgess replied, "In my opinion it would be compensation." Sectio'n 2.05. Prohibitions. (b) Interference with Administration. Mr. Burgess stated that this was "A new provision that was taken from the 'Model City Charter' dealing with the interference with Administration, and says - unless you are doing an investigation, the council and its members would deal through the city manager with regard to the direction and supervision of employees." Section 2.08. City Clerk. Regarding this subject, Mr. Burgess advised the Commission that the revised charter states that "The city clerk is appointed by a majority of the council, and removed by a majority of the council, as opposed - recommended by the mayor, and approved by the council." Mayor Partyka stated that on page seven (7), "You have under Procedure. - down there you have 'may be waived by a unanimous vote of all seven (7) members of the council. ", Mr. Burgess stated, "That's an error." Discussion ensued on the different versions of the revised charter. Ms. Crotty stated, "I will be sure - Monday, to get a really clean copy of everything that needs to be in this proposed Charter." Mayor Partyka then said, "I would like to get the most recent copy tonight before I leave." Discussion. Mayor Partyka further said, "We'll get it, but before we leave tonight we'll have it, not just for us, for the people out there, and anyone else." Mr. Burgess added that, "The 18th is the latest version." Ms. Crotty advised those in attendance that she would mail the Commission, a brand new copy. Mr. Burgess then stated that "Article IV" of the new charter, replaces "Article VI" of the present charter. .~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 18.2001 PAGE 4 OF 8 Section 4.02. City Attorney. Mr. Burgess advised the Commission that "The City Attorney is appointed by a majority vote of the Council. I believe now the City Attorney is appointed upon the recommendation of the Mayor, and approved by the Council. The City Attorney is also removed by a majority vote of the CounciI." Section 4.03. Advisory Boards and Commissions. Mr. Burgess stated that this was new; and this "Is a clarification to make it clear that the membership and composition and appointment of advisory boards and commissions is determined by a majority vote of the council." Tape 2/Sidc B Further discussion ensued on the different revisions and copies of the revised charter. Manager McLemore advised everyone that the latest version was the "Revised Charter" attached to an email cover sheet identified with the name, "Jan Palladino." Deputy Mayor McLeod stated, "I think that something that's very helpful - that was in the document that was to be the final draft of the revised charter. - Appendix I, that is the 'Present and Proposed City Charter Comparative Analysis,' which gave the present charter on the left and the proposed charter on the right - if that could also be updated." Deputy Mayor McLeod added, "If there is something that has changed and moved over - you showed us what section it came from in the old charter, but you don't tell us what the new one is, but you do in your written version of it. Okay, can we bring those numbers over also?" Mr. Burgess replied, "We can do that." Mr. Burgess stated that "Article V FINANCIAL PROCEDURES Is substantively the same as the present charter, with regard to the fiscal year, submission of the budget, and the budget message." Section 5.04. Council Action On Budget. Mr. Burgess explained that this "Deletes from the present Charter, provisions that relate to council action on the budget; the details of the present charter with regard to council action on the budget, because those procedures are prescribed by general law. Your City Attorney - recommended to the Committee that those provisions be taken out, and then (Section) 5.04. be inserted in lieu of those more detailed provisions of your present Charter, simply saying that the budget would be adopted by Resolution, and that is consistent - as provided by General Law." Deputy Mayor McLeod asked Mr. Burgess, "Based on what the Judge said before, the Judge had said that all of our rights had been taken away from us - from the financial budgeting procedures for the City Manager, to allow the City Manager then to run his budgeting and also the financing. Do you agree or disagree with that statement?" Mr. Burgess replied, "1 understand your question. 1 would disagree with that statement." Deputy Mayor McLeod further stated, "You disagree with what the Judge had said?" Mr. Burgess added, "Yes, r do." ,~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 18.2001 PAGE 5 OF 8 Further discussion. Section 6.02. Qualification of Candidates. Mr. Burgess stated this is new and that it "Codifies Section 2.87. of your Administrative Code." Mr. Burgess added, "The basic substantive change is it went from fifteen (15) signatures to fifty (50)." Section 6.03. Special Elections; Filling of Vacancies. Another new category, Mr. Burgess explained that "What this does, is split it down the middle. It says that if within thirty (30) days of the OCCUITence, the date of the occurrence of the vacancy, there will be a special election to fill that vacancy. Unless, there is to be held a regular election within two (2) years." Discussion ensued on a possible "stalemate" in. such a situation. Mr. Burgess agreed and said, "I think there is a need for clarification." Section 6.05. Council Districts; Adjustment of Districts. Mr. Burgess stated this was substantively the same. Section 7.05. Charter Amendments. Mr. Burgess advised the Commission that this was designed to clarify that "All amendments to the charter would be in accordance with procedures by the General Law, that takes the place of 'Article X.'" of the present charter." Section 7.06. First Elections Under Charter. This "Sets up the staggered term of office, going into a four (4) year term of office, and what this basically says is, the two (2) commission members of seats designated as two (2) and four (4), whose terms expire in 2002, they would be elected at that first election, and then they would serve for terms of four (4) years; keeping in mind that you've got three (3) commissioners that would be carrying forward during that time. And then the second election, would be held for electing the other three (3) council members from seats designated one (I), three (3), and five (5) under the former charter -' to get yourself in the sequence, you would extend the terms of those seats for one year - to the year 2004, and then you would have another election to elect the three (3) council persons from those seats, and then thereafter they would be elected for terms of four (4) years until their successors were actually qualified. That gets you into a four-year staggered term basis with elections being held every two years. That's a very critical part of the charter." Commissioner Martinez thanked those involved in the Charter Review process. Commissioner Martinez departed at 7:45 p.m. i' CITY or WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 18,2001 PAGE 6 or 8 Further discussion ensued on tem1 limits. Commissioner Blake asked Mr. Burgess, "The current terms are three years. The new tenns will be four (4) years. Current term limits are three (3), three (3) year terms. The new term limits would be three (3), four (4) year terms. If an individual has served three (3), three (3) year terms, does that mean they are 'termed' out, and must sit out one (I) four (4) year term, in transition?" Mr. Burgess replied, "If this charter is adopted, the ball game starts all over again. That you would be operating under this charter, and not under the term limits prescribed by the predecessor charter. " Commissioner Blake then said, "So, your opinion would be that everybody starts fresh, from zero again." Mr. Burgess stated, "Yes, that's my opinion, because you are operating under this as a new law. This law would succeed that law." Commissioner Blake added, "Which you would also offer that that interpretation may be up for..." Mr. Burgess added, "If you wanted to put that limit in here, 1 think you would have to put a provision in this charter - I think you would have to put a provision in this charter to say that anyone on the fonner commission who had served three (3) consecutive tenns would not be eligible for a successive set of consecutive terms, unless they dropped out for one (1) term. In other words, I think the intent of this chatter is to allow you to get three (3) consecutive full terms, then you drop out for a term, and then you can start all over, and you can start all over again, start over again, if you live that long. But, that's what I intended in drafting that, that was my intent." Further discussion followed on tenn limits. Mr. Burgess suggested, "I think that is a policy question for your City Commission to make. All I am saying here is from a legal standpoint, if that is what you want to do, you better put it in the - transitional provisions to specify that. . ." Commissioner Blake stated, "I would be curious to hear what the thought process was in deciding to present to us, one question, that being a complete new charter, versus a menu of questions that the citizens could pick and choose from, or decide." Mr. Burgess addressed Commissioner Blake's question and stated, "I think the reason it was decided to be presented as one document, or the thinking was that it should be presented in a referendum as one document, is that the charter is really a revision of the entire document, and it has a lot of interrelations between the articles, and it is difficult to pick out and separate those articles in a line item type situation." Discussion. Commissioner Gennell offered her appreciation to "the whole City" and to everyone involved in this process. Tape 2/Side A Discussion ensued on the next meeting, and who should be involved and in attendance. ( CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 18,2001 PAGE70F8 Commissioner Blake departed at 8:09 p.m. Several dates were suggested for the next meeting, however Commissioner Gennell suggested, "Let's postpone this decision until Monday, and let's get Mr. Burgess' dates, and Marilyn's dates back to us for our Monday night meeting, and make some decisions then. " ADD-ON II. INFORMATIONAL A. Commissioner Cindy Gennell Requesting To Update The Commission On The Highway Beautification Grant. Commissioner Gennell advised those in attendance that "At the December meeting, when the presentation was made to ourselves by the designer, and the consultant and every thing relative to the Beautification Grant Application for the 434 - there may have been some information that may have been a little misleading to this Commission, and it was presented the same way to the BOWS Board, and that was that it might be possible to have large trees, such as Oaks and Magnolias and so forth in those medians." Commissioner Gennell explained that that information was "erroneous - those trees are not an option." Discussion followed on permissible varieties of shrubs, and Commissioner Gennell said that "We are limited to those that are only going to twenty (20) feet, and they are only going to have - certain spread." Commissioner Gennell added, "Mr. McLemore wants to incorporate some specimen 'Ligustrums' for dramatic effect, and so forth. So we're working with the BOWS Board, with the Staff, and - with the City Manager to use what we can." Commissioner Gennell presented two species examples, a "Holly" and a "Viburnum" which may be possible options. Brief discussion. Furthermore, Commissioner Gennell suggested to the Commission that, "The feeling is - that to get the effect that you want of trees, or canopy type - to encourage the developers on both sides of 434, to put - on the other side of the sidewalk that can give you that frame, on the sides when you are driving by." l' t. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - JANUARY 18,2001 PAGE 8 OF 8 IV. ADJOURNMENT Mayor Partyka adjourned the meeting at 8: 15 p.m. MSPECTFULLY SUBMITTED: ( lL l(~ L .. ~ ~REA bOJlliNZO-LUACES CITY,eLERK SJ' PAULP. pARTYKA MA YOR NOTE: These minutes were approved at the February 26 ,2001 City Commission Meeting.