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HomeMy WebLinkAbout2010 09 13 Consent 203 Approval Of Text For 2010 Referendum Ballot Mailer COMMISSION AGENDA ITEM 203 Informational Consent X Public Hearings Regular September 13, 2010 //1 D p , 2 to Regular Meeting Mgr. / Dept. Authorization REQUEST: The City Attorney and City Manager presents to the City Commission for consideration and approval the text to be published in the 2010 Referendum Ballot Mailer. SYNOPSIS: During the last year, the City has been involved in a comprehensive review of the current City Charter. As a result of this review, the City Commission approved eight (8) referendum questions presented to the voters of the City of Winter Springs for consideration. In addition, in 2009, the City Commission adopted Ordinance 2009 -05 requiring a referendum be held seeking authority from the voters of Winter Springs to grant ad valorem tax abatement for new businesses and expansions of existing businesses located within the City of Winter Springs. The City Commission directed that a mailer be prepared identifying the nine (9) referendum questions in the November 2010 general election. The mailer will be distributed to the voters of Winter Springs by mail and be posted on the City of Winter Springs' website. In addition, the mailer may be presented at other forums where the voters of Winter Springs may be assembled. CONSIDERATIONS: 1. City Commission adopted Ordinance 2010 -19 proposing eight (8) referendum questions pertaining to the amendment to the current City Charter. 2. The City Commission adopted Ordinance 2009 -05 calling for a referendum to be held to determine whether the voters of Winter Springs desire to grant ad valorem tax abatement authority to the City Commission regarding new businesses and expansion of existing businesses located within the City of Winter Springs. 3. Consistent with Section 106.113, Florida Statutes, the City Commission directed that a mailer be prepared which factually informs the voters of Winter Springs about the CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 CONSENT AGENDA ITEM "203" PAGE 2 OF 2 nine (9) referendum questions that will appear on the November 2010 ballot in Winter Springs. In accordance with that Section, the mailer is limited to factual information regarding the referendum questions. The mailer does not advocate approval or disapproval of the referendum questions given that Florida law now prohibits the City Commission from expending public funds for political advertisements and electioneering communications. 4. Upon approval by the City Commission, the text of the mailer will be published in a format deemed acceptable to the City Manager. FISCAL IMPACT: The cost of publishing the mailer and mailing the mailer to the voters of Winter Springs is estimated to be approximately $7,000.00. COMMUNICATION EFFORTS: The mailer will be mailed to Winter Springs residents, posted at City Hall, posted on the City's website, and made available to voters of Winter Springs at various assemblies. RECOMMENDATIONS: The City Attorney and City Manager recommend that the City Commission consider approving the mailer for publication. ATTACHMENTS: Text of Referendum Mailer L "4,0 City of Winter Springs 1 1 d RIOP This year, the City Commission appointed a Charter Review Committee consisting of eleven (11) Winter Springs' voters whose purpose was to conduct a comprehensive review of the current City Charter to determine if updates were needed. The Committee held various public meetings where the public was invited to participate. Upon conclusion of the meetings, the Committee filed a written report with the City Commission recommending a number of revisions to the City Charter. The City Commission considered the Committee's report and adopted Ordinance 2010 -19 which approved holding a referendum election to present most of the revisions recommended by the Committee to the voters of Winter Springs for consideration, with some changes. In addition, this year the City Commission has been studying various options to expand economic development within the City. One option available is for the voters of Winter Springs to authorize the City Commission to grant property tax exemptions to certain State qualified new businesses and expansions of existing businesses within the City. As such, the City Commission adopted Ordinance 2009 -05 which approved a referendum election on the issue of whether or not the City Commission should be given this authority. Below are the referendum questions that the City Commission wants its citizens to consider at the November 2, 2010 general election. Because each referendum ballot is limited to only 75 words and a short title, each question is accompanied by an additional factual summary (which will not appear on the ballot) explaining the meaning of the referendum question. More information, including the actual proposed text changes to the City Charter, can be found in Ordinances 2009 -05 and 2010 -19. A copy of the ordinances can be viewed on the City's website at www.wintersprin sg florg or at City Hall. A. PROPOSED CITY CHARTER AMENDMENTS 1. ARTICLE II, SECTION 2.03 ANNEXATION OF PROPERTY Chapter 171, Florida Statutes, governs the annexation of land into the territorial limits of the City. Should the City Charter be amended to delete specific city charter requirements for annexations so the charter reads, "The City Commission of Winter Springs, Florida, may annex land to the territorial limits of the municipality in accordance with the procedures set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended ?" YES NO Additional Factual Summary. When the City annexes real property into the territorial limits of the City, the City is required to follow the exclusive procedures and criteria set forth in chapter 171, Florida . I �� NTER City of Winter Springs q S 0 F * GI 2 0 1 0 R e f erend u u, ORIO Statutes. Although the current City Charter references chapter 171, the Charter also contains text regarding the City's annexation powers which partially mentions the chapter 171 criteria for annexing land. If approved, the proposed Charter amendment will remove the partially mentioned criteria from the Charter and only reference that annexations will be in accordance with chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended. 2. ARTICLE IV, SECTIONS 4.01(b) GOVERNING BODY ELIGIBILITY FOR OFFICE The City Charter currently references a City Code section adopted by the City Commission which provides that candidates for city commission and the mayor prior to the time for qualifying reside in the City for one year and commissioners reside in the designated commission district for six months. That City Code section also establishes other qualifying requirements. Should the qualifying requirements set out in the City Code be set out in the City Charter? YES NO Additional Factual Summary. The current City Charter provides that candidates for Mayor and the City Commission must comply with Section 2 -87 of the City Code, as may be amended from time to time. Section 2 -87 may be amended by the City Commission, by ordinance, without approval of the voters of Winter Springs. If approved, the proposed Charter amendment will set forth the candidate qualifying requirements set forth in Section 2 -87 of the City Code into the City Charter so that any future amendments could only be made with the approval of the Winter Springs voters. The provisions of Section 2 -87 that will be incorporated into the Charter are: (1) a one year City residency requirement prior to candidates qualifying to run for election as Mayor or City Commissioner; (2) a six month district residency requirement prior to candidates qualifying to run for election in a particular City Commission District; and (3) requirements that all candidates for Mayor and City Commission at the time of qualifying meet other requirements such as filing a petition signed by fifteen registered Winter Springs' voters, being a registered and qualified voter of Winter Springs, filing other documents required by state law, and paying required qualifying fees and election assessments. 3. ARTICLE IV, SECTION 4.01(a), AND 4.03. GOVERNING BODY ELECTION AND TERMS The City Charter currently provides that the terms of the mayor and commissioners upon election shall begin on the first Monday after the first day of December of each year an election is held. Should the City Charter be amended to provide that such terms of office upon election shall begin at the next scheduled regular or special meeting of the city commission? L NS 0 1 1 d RIOP YES NO Additional Factual Summary. The current City Charter provides that upon election in November, the term of office for a newly elected mayor or city commissioner does not begin until the first Monday after the first day of December following the election. Thus, there is a generally a one month time period between when a newly elected mayor and city commissioner are elected and when they take office. During this one month time period, the then current mayor and city commissioners continue to serve in their respective capacities until the newly elected mayor or commissioner are officially sworn into office. If approved, the proposed Charter amendment will require that newly - elected city commissioners and the mayor take office at the next regular or special meeting of the city commission after the election, and eliminate the one month time period mentioned above. 9 ARTICLE IV SECTIONS 4.05, 4.08 FILLING OF VACANCIES FOR CITY COMMISSIONERS AND THE MAYOR Shall the City Charter be revised to require the remaining city commissioners to fill vacancies in any commission member seat or mayor's position by majority vote within the next two regular meetings of the city commission to serve until the next regular election, at which time the citizens will vote to fill the vacancy for the remainder of the term, or a new four year term if the previous term was set to expire. YES I"C Additional Factual Summary. Under the current City Charter, the deputy mayor, who is appointed by the City Commission, automatically becomes mayor if the mayor's position becomes vacant. Additionally, the current City Charter requires the City Commission to appoint, by majority vote of the remaining commissioners, a qualified person to fill a vacancy in a commissioner seat until the next regular election of the seat that was filled by appointment. If approved, the proposed Charter amendment will require the city commission to appoint, by majority vote of the remaining members, a qualified person to fill a vacancy in the position of city commissioner and the mayor. The deputy mayor would no longer automatically become mayor in the event of a vacancy in the mayor position. The amendment will also establish a maximum time period for filling such vacancies. Vacancies will be required to be filled at either of the next two regular meetings of the city commission. Also, rather than the city commission appointment always being for the entire unexpired term of the vacant position, any such appointment by the city commission will only be until the next regular city election. At that regular election, a qualified person will either be elected by the citizens to fill the unexpired term of the position that was vacated or for a new four year term if the previous term was to expire at the regular election. L NS 0 1 1 d RIOP 5. ARTICLE IV, V, AND VI, SECTIONS 4.10, 5.02 AND 6.02 REMOVAL OF CHARTER OFFICERS The City Charter currently requires a super- majority vote of at least four commission members to remove the city clerk, city attorney and city manager from office. Should the City Charter be amended to require only a simple majority vote of at least three commission members to remove the city clerk, city attorney and city manager? YES NO Additional Factual Summary. The current City Charter requires the City Commission to appoint and remove from office the city manager, city clerk, and city attorney by a super- majority vote of at least four (4) commission members. The proposed charter amendment, if approved, would allow the city commission to remove the city manager, city clerk, and city attorney by a simple majority vote of at least three (3) commission members. A super- majority vote of at least four (4) city commissioner would still be required to appoint the city manager, city clerk, and city attorney. W ARTICLE IV, SECTION 4.10 COMPENSATION OF CITY CLERK The City Charter does not currently specify who shall establish the compensation of the City Clerk, who is appointed by the City Commission. Shall the City Charter be amended to include a requirement that the City Commission establish the compensation of the City Clerk. YES NO Additional Factual Summary. Although the City Charter requires that the city commission appoint a city clerk, the current City Charter does not address who shall be responsible for establishing the compensation for the city clerk. Because the city clerk is appointed by the city commission, the past practice of the City has been for the city commission to establish the compensation for the city clerk. If approved, the proposed Charter amendment will incorporate the City's past practice into the City Charter and require the city commission to establish the compensation for the city clerk. L NS 0 1 1 d RIOP VA ARTICLE IV, SECTION 4.15 EMERGENCY ORDINANCES The City Charter does not currently contain any provision specifically addressing the enactment of emergency ordinances by the city commission. Shall the City Charter be amended to create a new section that will provide that the city commission may enact emergency ordinances in accordance with Florida law, and require that such emergency ordinances be automatically repealed after sixty days unless repealed sooner by the commission? YES NO Additional Factual Summary. Under Florida general law, the city commission is permitted to adopt emergency ordinances by two - thirds vote without following the standard ordinance adoption procedures. Florida general law does not establish a maximum duration for emergency ordinances to be in effect. The current City Charter does not address emergency ordinances. If approved, the proposed Charter amendment will provide that the city commission may enact emergency ordinances in accordance with Florida law. However, unlike Florida general law, the Charter amendment will require that such emergency ordinances be automatically repealed after sixty (60) days unless repealed sooner by the commission. In addition, although emergency ordinances will only be effective for a maximum of sixty days, the Charter amendment will also provide that the city commission can reenact an emergency ordinance if necessary. TECHNICAL AMENDMENTS TO CITY CHARTER Shall the City Charter be amended to renumber sections 4.12 and 12.01, amend penalty provisions to comply with law, clarify the city commission can adopt ordinances regulating public utility rates except as provided by law, clarify the city commission can appoint a qualified acting city manager to act in the manager's absence or disability, clarify the city attorney is not required to represent the city in all legal proceedings, editing charter language to be gender - neutral? YES NO Additional Factual Summary. Several proposed Charter amendments are categorized as technical amendments. These Charter amendments were deemed technical in nature by the city commission because they involve "house cleaning" matters to either address inconsistencies with State law, wordsmith text to clarify perceived ambiguities in the existing City Charter, renumber several sections of the City Charter, and make the text in the City Charter gender neutral. If approved, the C^ �� 1 1 u IO proposed Charter amendment will: (1) renumber sections 4.12 and 12.01 of the existing City Charter; (2) amend the penalty provisions under section 4.11 involving city commission investigations to comply with State law; (3) remove specific language referencing "telephone and telegraph companies and public utilities regulated by the public service commission" from the Charter section requiring an ordinance to establish public utility rates in order to clarify that the city commission can only adopt public utility rate ordinances if permitted by law; (4) add the word "qualified" under the acting city manager section of the City Charter in order to clarify that if city commission revokes the city manager's appointment of an acting city manager to serve during temporary absences or disability of the city manager, the city commission is required to appoint a "qualified" officer of the city to serve as acting city manager until the manager returns; (5) strike the word "all" from the city attorney section of the City Charter in order to clarify, consistent with the Florida Bar Rules and practice, that the city attorney is not required by law to represent the city in "all" legal proceedings; and (6) remove and reword any references to masculine or feminine pronouns from the City Charter such as "his," "he," "her," or "she" in order to make the text in the City Charter gender neutral. B. PROPOSED AD VALOREM ABATEMENT AUTHORITY 0 ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Shall the City Commission of the City of Winter Springs be authorized to grant, pursuant to s. 3, Art VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses? YES NO Additional Factual Summary. Section 196.1995, Florida Statutes, provides that a city may call a referendum within its jurisdiction to determine whether the voters in that city will authorize that city to grant economic development ad valorem tax exemptions in accordance with the requirements of State law. If approved by the voters of Winter Springs, the city commission may exempt from ad valorem taxation up to one hundred percent (100 %) of the assessed value of all improvements to real property made by or for the use of a qualified new business. Additionally, the city commission may also exempt up to one hundred percent (100 %) of the assessed value of all added improvements to real property made to facilitate the expansion of a qualified existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of a qualified existing business, provided that the improvements to real property are made or the tangible personal property is added or increased on or after the day the tax abatement ordinance is adopted. Exemptions must be approved by ordinance of the city commission and can not exceed 10 years with respect to any particular facility. Further, if approved, the authority to grant exemptions under this referendum will expire 10 years after the date of election (November 2, 2020) unless renewed for another 10 year period by the voters of Winter Springs.