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