HomeMy WebLinkAbout2022 01 10 Consent 301 - Establishment of the 2022 Districting Commission • CONSENT AGENDA ITEM 301
,n m�=ared CITY COMMISSION AGENDA I JANUARY 10, 2022 REGULAR MEETING
1959
TITLE
Establishment of the 2022 Districting Commission
SUMMARY
The City Charter requires the City Commission to establish a seven (7) person
Districting Commission every three years for purposes of adjusting the city
commission voting district boundaries in accordance with the provisions of
the City Charter and other applicable law. The City Commission must adopt
Resolution 2022-01 formally establishing the 2022 Districting Commission and
setting forth the scope of duties of the Districting Commission and
establishing other administrative duties of City Staff to assist the District
Commission with completing its report within the 120 day time frame
imposed by the City Charter.
1 . The purpose of this Agenda Item is to adopt Resolution 2022-01
establishing the Districting Commission and related duties and deadlines.
2. Section 4.02 of the City Charter requires the City Commission to establish
a Districting Commission every three years for purposes of adjusting the City
Commission Voting District boundaries. Resolution 2022-01 formally appoints
members to the Districting Commission and establishes the time frames for
the Districting Commission to complete its report to the City
Commission. The Resolution also provides for administrative duties and
other requirements.
3. The following registered voters of Winter Springs will be appointed to
the Districting Commission:
• Seat One (Commissioner Matt Benton): Mr. Robert Miller
• Seat Two (Deputy Mayor Kevin Cannon): Mr. Ken Spalthoff
• Seat Three (Commissioner Ted Johnson): Mr. Zoltan "Skip" Arok,Jr.
• Seat Four (Commissioner TiAnna Hale): Ms. Loretta Ames
• Seat Five (Commissioner Rob Elliott): Mr. Michael Ely
• Mayoral Appointment (Mayor Kevin McCann): Dr. Kurt Miericke
• Mayoral Appointment (Mayor Kevin McCann): Mr. Howard Parsons
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4. The Districting Commission must file its final report with the City Manager
by May 10, 2022 (120 days after formal appointment).
5. The City Commission has until July 11, 2022 (120 days prior to the next
City election) to accept or reject the Districting Commission's report.
6. Section 4.02 of the City Charter provides:
Section 4.02. - Commission districts; adjustment of districts.
(a) Number of districts. The city commission of the City of Winter Springs,
Florida, shall by separate ordinance divide the city into five (5) geographical
commission districts.
(b) Districting commission. By the first day of February, 1991, the first day of
February, 1992, and every three (3) years thereafter, the city commission shall
appoint seven (7) city electors determined from the registration of the last
regular election, one (1) to be appointed by each commissioner from their
respective district, and two (2) appointed by the mayor from the city at large,
who shall comprise the districting commission. Electors chosen shall not be
employed by the city in any other capacity. The initial districting commission,
creating and establishing the first commission districts, shall be appointed by
each commissioner and the mayor from the city at large.
(c) Report; specifications. The districting commission shall file with the
official designated by the city commission a report containing a
recommended plan for establishment or adjustment of the commission
district boundaries. The initial districting commission, creating and
establishing the first commission districts, shall file such report within ninety
(90) days of appointment. Thereafter, such reports shall be filed within one
hundred twenty (120) days of appointment to the districting commission.
The commission district boundaries shall comply with the following
specifications:
(1) Each district shall be formed of compact, contiguous territory, and its
boundary lines shall follow the center lines of streets insofar as practical or
possible, or other boundaries available.
(2) The districts shall be based upon the principle of equal and effective
representation as required by the United States Constitution and as
represented in the mathematical preciseness reached in the legislative
apportionment of the state.
(3) The report shall include a map and description of the districts
recommended and shall be drafted as a proposed ordinance. Once filed with
the designated official, the report shall be treated as an ordinance introduced
by a commissioner.
(d) Support. It shall be the responsibility of the city manager to provide staff
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assistance and technical data to the districting commission.
(e) Procedure. The procedure for the city commission's consideration of the
report shall be the same as for other ordinances, provided that if a summary
of the ordinances is published pursuant to this Charter and general law, it
must include both the map and a description of the recommended districts.
(f) Failure to enact ordinance. The city commission shall adopt the redistricting
ordinance at least one hundred twenty (120) days before the next city
election. If the city commission fails to either accept or reject the redistricting
ordinance, the report of the districting commission shall go into effect and
have the same effect of an ordinance. The proposed redistricting ordinance
may not be rejected for any reason except for failure to comply with the
specifications listed in section 4.02(c) of this Charter or failure to comply with
other local, state or federal law.
(g) Effect of enactment. The new commission districts and boundaries as of
the date of enactment shall supersede previous commission districts and
boundaries for all purposes; provided all incumbent commissioners shall
continue to hold office for the entire term to which elected notwithstanding
any change in commission district and boundaries.
7. One aspect of the Districting Commission's responsibilities will be to
account for any new residential development not previously accounted for by
the City since last Districting process in 2019. To guide the Districting
Commission's 2022 recommendation, and the technical assistance provided
by Staff, Resolution No. 2022-01 provides that the Districting Commission
and Staff shall be guided not by the issuance of only residential
development permits, but rather by the actual number of certificates of
occupancy granted by the City for new residential dwelling units not
previously accounted for by the City when the City Commission approved
Ordinance No. 2019-10 establishing the current commission district
boundaries.
RECOMMENDATION
Staff recommends that the City Commission approve Resolution 2022-01 .
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RESOLUTION NUMBER 2022-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA PROVIDING FOR AN
EFFECTIVE DATE FOR APPOINTMENTS TO THE 2022
WINTER SPRINGS DISTRICTING COMMISSION;
PROVIDING A DUE DATE FOR A REPORT CONTAINING A
RECOMMENDED PLAN FOR ADJUSTMENT OF
COMMISSION DISTRICT BOUNDARIES; PROVIDING A
DUE DATE FOR THE CITY COMMISSION TO ADOPT OR
REJECT A REDISTRICTING ORDINANCE; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; SEVERABILITY 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 requires that, every three (3) years, the City Commission
appoint seven (7) city electors to comprise the districting commission for adjustment of the
commission district boundaries; and
WHEREAS, the City Charter requires that the districting commission prepare a report
containing a recommended plan for adjustment of the commission district boundaries; and
WHEREAS, the City Charter requires that the City Commission adopt or reject a
redistricting ordinance at least one-hundred-twenty (120) days prior to the next city election;
WHEREAS, the next City election will be November 8, 2022 and as such, the City
Commission must adopt or reject a redistricting ordinance by July 11, 2022;
WHEREAS, the City Commission desires to provide an open, objective, and deliberative
process that will afford the public ample opportunity to participate in the districting review
process; and
WHEREAS,the City Commission 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 L The following appointments have been made to the 2022 Districting
Commission:
1) Seat One (Commissioner Matt Benton): Mr. Robert Miller
2) Seat Two (Deputy Mayor Kevin Cannon): Mr. Kenneth Spalthoff
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3) Seat Three (Commissioner Ted Johnson): Mr. Zoltan"Skip" Arok, Jr.
4) Seat Four(Commissioner TiAnna Hale): Ms. Dolly Ames
5) Seat Five (Commissioner Rob Elliot): Mr. Michael Ely
6) Mayoral Appointment(Mayor Kevin McCann): Dr. Kurt Miericke
7) Mayoral Appointment(Mayor Kevin McCann): Mr. Howard Parsons
SECTION II. All appointments to the 2022 Districting Commission shall take effect
immediately upon the final passage and adoption of this Resolution by the City Commission.
Vacancies on the 2022 Districting Commission occurring after the adoption of this Resolution
shall be filled by appointment in accordance with the City Charter and without the necessity of
modifying this Resolution.
SECTION III. The Districting Commission shall have until May 10,2022, one-hundred-
twenty (120) days from the effective date of this Resolution, to file with the City Manager a report
containing a recommended plan for adjustment of the commission district boundaries. Pursuant
to the City Charter, the City Commission shall have until July 11, 2022, which is one-hundred-
twenty (120) days prior to the next city election, to adopt or reject a redistricting ordinance.
SECTION IV. The Districting Commission's report shall be governed by the applicable
provisions of the City Charter and other applicable law including,but not limited to,the provisions
of the Voting Rights Act of 1965. In general and taking into account the current commission
district boundaries,the City Charter requires that the commission district boundaries shall comply
with the following specifications:
(1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall
follow the center lines of streets insofar as practical or possible, or other boundaries available.
(2) The districts shall be based upon the principle of equal and effective representation as required
by the United States Constitution and as represented in the mathematical preciseness reached in
the legislative apportionment of the state.
(3) The report shall include a map and description of the districts recommended and shall be
drafted as a proposed ordinance. Once filed with the designated official,the report shall be treated
as an ordinance introduced by a commissioner.
Additionally,to account for changes in population generated by new residential development since
the 2020 U.S. Census, the technical assistance provided under Section V of this Resolution and
the Districting Commission's recommendation shall be guided not by the issuance of development
permits, but rather by the actual number of certificates of occupancy granted by the City for new
residential dwelling units not previously accounted for by the U.S. Census.
SECTION V. To the extent deemed reasonably necessary by the City Manager, the City
Manager, City Clerk, and City Attorney, and their respective designees, shall provide technical
assistance to the Districting Commission.
City of Winter Springs,Florida
Resolution Number 2022-01
Page 2 of 3
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SECTION VI. This Resolution shall take effect immediately upon its final passage and
adoption by the City Commission.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular
Meeting duly assembled on the 10th day of January, 2022.
In witness whereof, I have hereunto set my hand and caused
this seal to be affixed.
KEVIN McCANN, Mayor
ATTEST:
CHRISTIAN GOWAN, 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 Springs,Florida
Resolution Number 2022-01
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