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HomeMy WebLinkAbout2000 10 12 Charter Review Committee Meeting Minutes CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE REGULAR MEETING OCTOBER 12, 2000 I. CALL TO ORDER Ms. Marilyn E. Crotty, Mediator/Project Coordinator called the Meeting to order at 4:00 p.m., Tuesday, October 12, 2000, in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Committee Members Present: Committee Member Jacqueline Adams Committee Member Thomas Freeman Committee Member Donald Gilmore Committee Member Sally McGinnis Committee Member Robert Ori Committee Member William Reischmann Also Present: Mediator/Project Coordinator Marilyn Crotty City Manager Ronald W. McLemore City Attorney Anthony A. Garganese Consultant James V. Burgess II. PROJECT TEAM - ISSUE ANALYSIS AGENDA Section 4.05. Mayor. Mediator/Project Coordinator Marilyn Crotty noted that discussion should resume regarding Section 4.05. Mayor. Consultant Burgess discussed the inconsistencies between the current Charter and Model City Charter as it relates to the "Chief Executive Officer of the City"; and the provision of duties between the City Manager and the Mayor. Discussion continued regarding interference with staff; unfamiliarity with the day to day functions; understanding the processes; responsibilities to the electorate; separation of powers; the provision related to the Commission's control over the City Manager; and the recommendations related to the termination procedures of the City Manager. Further discussion continued regarding the Chief Executive Officer; forms of government for surrounding municipalities; the Model City Charter's bias; consistencies in government when the Mayor is the Chief Executive Officer; Council-Manager form of CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE REGULAR MEETING - OCTOBER 12,2000 - 4:00 P.M. PAGE 2 OF 5 government; an elected Chief Executive Officer form of government; and the confusion created by having two (2) Chief Executive Officers. Discussion. Mediator/Project Coordinator Crotty summarized suggestions as the following: Deletion of the provision related to the Chief Executive Officer; deletion of the provision related to the Mayor's administrative duties should a City Manager not be appointed; and deletion of the Mayor's veto power. Section 4.06. General powers and duties. No discussion. Section 4.07. Prohibitions; holding other office. Consultant Burgess discussed prohibitions contained in the current Charter; and the two (2) additional provisions included in the Model City Charter. Discussion. Tape 1/Side B Mediator/Project Coordinator Crotty summarized the Committee Members suggestions as the following: possibly substituting the term "controlling'; and the addition of a Non Interference Clause. Section 4.08. Vacancies; forfeitures of office; filling of vacancies. Consultant Burgess discussed the term "morale turpitude"; consistency with the Model Charter; and the time period for vacancies. Discussion ensued regarding what the term "felony" implies; examples that would remove someone from office; and what may constitute a felony. Section 4.09. Judge of qualifications. Consultant Burgess noted consistency with the Model Charter and suggested carrying it forward. No additional discussion. Section 4.10. City clerk. Consultant Burgess noted the current Charter's inconsistency with the Model Charter; and discussed the rationale for the appointment of the City Clerk by the City governing body which is suggested in the Model Charter. Discussion ensued regarding appointment of the Officer of the City; the position of the City Clerk; whether the City Clerk is a representative of the Counsel; whether the City Clerk is a member of the Legislative Branch; the intent of the separation of government; and the classical model structure of clerk, manager, and attorney. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE REGULAR MEETING - OCTOBER 12,2000 - 4:00 P.M. PAGE 3 OF 5 MediatorlProject Coordinator Crotty summarized suggestions as the following: Appointment and termination of the City Clerk decided by a majority vote of the City Council. Section 4.11. Investigations Section 4.12. Independent audits. Section 4.13. Procedure. Section 4.14. Actions requiring an ordinance. Section 4.15. Ordinances in general. Section 4.16. Authentication and recording; codification. Regarding Sections 4.11.- 4.16., Consultant Burgess noted the current City Charter's consistency with the Model City Charter. Discussion ensued regarding the People for Good Government's Charter Amendment Seven (7) related to Section 4.11.; emergency Ordinances; Florida Statute Chapter 166; and the current codification process. Article V. City Manager Section 5.01. Appointment; qualifications, compensation. Consultant Burgess discussed the City Manager's termination process as indicated in the Model Charter; the required number of votes; severance pay; and the rationale for the Model's position. Discussion ensued regarding inserting "shall appoint a City Manager" in the current Charter; and eliminating the third sentence in the current Charter. Section 5.02. Removal. Discussion continued regarding the thirty (30) day severance pay; maintammg consistency with Charter Officers; whether there should be a different level of determination for the City Manager position by the City Council; and majority or super majority votes. Mediator/Project Coordinator Crotty summarized suggestions as the following: Change from four (4) affirmative votes and possibly revising Section 4.13. Procedure ( c) to be consistent with a seven (7) member Commission; and the deletion of the thirty (30) day severance pay language which should be covered in the employment contract. Section 5.03. Powers and duties of the city manager. Discussion ensued regarding changing "Chief Administrative Officer" to "Chief Executive Officer"; and adding a number "(10)" "to provide Staff support". Discussion. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITIEE REGULAR MEETING - OCTOBER 12,2000 - 4:00 P.M. PAGE 4 OF 5 MediatorlProject Coordinator Crotty summarized suggestions as the following: Leave this as is. Section 5.04. Acting city manager. No discussion. Article VI. Administrative Departments Section 6.01. [Power of commission to establish.]. Section 6.02. City attorney Consultant Burgess discussed the rationale regarding why City Departments should not be included in the Charter; and for consistency purposes, the City Attorney should be appointed by the governing body. Discussion. MediatorlProject Coordinator Crotty summarized suggestions as the following: leave Section 6.01. as is; and regarding Section 6.02., simple majority of the Commission appoints and removes the City Attorney. Article VII. Financial Procedure Section 7.01. Fiscal year. Consultant Burgess discussed the Model Charter as it relates to Capital Improvement Programs. Discussion ensued regarding Capital Items; Capital Outlays; Capital Equipment Items; long range Capital Improvement Programs; reserve systems; requirements of the Growth Management Law; and the Comprehensive Planning process. Discussion. Mediator/Project Coordinator Crotty summarized suggestions as the following: Since there were concerns regarding the possible number of proposed Amendments, it was suggested that this Section should be left as is. Discussion. Tape 2/Side A Discussion continued regarding what the community wants; what the small communities want in Seminole County; making the City responsive to citizens; and the public education programs. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE REGULAR MEETING - OCTOBER 12,2000 - 4:00 P.M. PAGE50F5 III. ADJOURNMENT Mediator/Project Coordinator Crotty adjourned the Meeting at 6:20 P.M. Minutes Respectfully Submitted by: Tania Haas, Deputy City Clerk City of Winter Springs DOCSfboards/charterr/minutes/2000/101200 - 4 p.m.