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HomeMy WebLinkAbout2000 11 14 Charter Review Committee Meeting Minutes CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE MEETING NOVEMBER 14,2000 I. CALL TO ORDER Ms. Marilyn E. Crotty, Mediator/Project Coordinator called the meeting to order at 4:05 p.m., Tuesday, November 14,2000, 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, arrived at 4: 11 p.m. Committee Member Donald Gilmore Committee Member Sally McGinnis Committee Member Robert Ori, arrived at 4:09 p.m. Committee Member William Reischmann Also Present: Mediator/Project Coordinator Marilyn Crotty City Manager Ronald W. McLemore, arrived at 4:27 p.m. City Attorney Anthony A. Garganese, arrived at 4: 12 p.m. Consultant James V. Burgess II. PROJECT TEAM - DRAFT CHARTER REVIEW Mediator/Project Coordinator Marilyn Crotty briefly discussed the minutes from previous Charter Review Meetings; the proposal received from resident Mr. John Ferring; the deadline for position papers; the Amendments received from the "People For Good Government" organization; and possibly revisiting the Amendments proposed by the "People For Good Government" organization at a later date. Discussion ensued regarding the proposed changes in the draft Charter; and Article V, Financial Procedure, provision (d) Transfer of Appropriations. Following redirection of discussion by Mediator/Project Coordinator Crotty to the draft Charter the following Sections were addressed: CITY OF WINTER SPRlNGS MINUTES CHARTER REVIEW COMMITIEE MEETING - NOVEMBER 14,2000 - 4:00 P.M. PAGE20F5 Article I N arne, Powers, Boundaries Section 1.02. Powers. Regarding subsection (b) it was suggested a period should be inserted after "Municipal Home Rule Powers Act." Additional discussion ensued regarding the referencing of Florida Statutes in Section 1.02. Powers. Section 1.03. Boundaries Consultant Jim Burgess recommended the word "Charter" should be in lower case. City Attorney Anthony A. Garganese recommended the last sentence contained in this section to read as the following: "The present and amended corporate boundaries of the City are set forth in Appendix I of this charter which is incorporated herein by reference." Discussion. Article II Council Section 2.02. General Powers and Duties. Section 2.02. Composition; Eligibility; Election and Terms. Section 2.03. Mayor. General issues addressed related to these Sections included: re-addressing the size of the Council; a possible six (6) member Council; possible three (3) year or four (4) year terms; term limits; a voting Mayor; and election cycles. Discussion. Following additional discussion it was decided that the Committee would not revisit the previously obtained consensus decision of a possible six (6) member Council and one (I) voting Mayor provision. Regarding Section 2.03. Mayor., the following issues were discussed: appointments to Advisory Boards; that the current Charter does not specify appointments; possibly increasing the number of Board Members; and surrounding municipalities' appointment procedures. Discussion. Committee Members and Consultants re-addressed the issue of term limits. Following a brief discussion regarding term limits, Project/Mediator Coordinator Crotty summarized preferences as re-inserting the provision regarding term limits in Section 2.02. Composition; Eligibility; Election and Terms as subsection (c). Discussion. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE MEETING - NOVEMBER 14,2000 - 4:00 P.M. PAGE 3 OF 5 Additional issues discussed included: what constitutes a term; what may count as a full term; three (3) elected terms; general elections; term appointments; election cycles; the education process; the three (3) most important issues; focusing on the essentials; consistency with the Model Charter; political realties; the Committee's task; and the intent of the Resolution that established this Committee. Tape I/Side B Manager McLemore interpreted the Resolution's intent that established this Committee. Committee Member William Reischmann read for the record an excerpt from a local publication entitled "The Outsider." Discussion. Additional issues discussed included: political processes; drafting a document that will move this City forward; and the highlighting of major changes. Section 2.02. Composition, Eligibility, Election and Terms Discussion ensued regarding the proposed subsection (c) and the addition of following language: "three (3) full four (4) year terms." Section 2.03. Mayor. Consultant Burgess discussed Mayoral residency requirements. Section 2.04. Compensation; Expenses. Issues discussed included: cost of living increases; whether an amount should be included in the Charter; Ordinances that set compensation amounts; indexing; effective dates of compensation; the use of appropriate indexes; four year indexing; automatic increases; and removing the burden from the Commission. Discussion. Section 2.05. Prohibitions. Issues discussed included: former Council Members holding other compensatory offices; appointments to City Boards; holding other offices; City employment; and possibly adding language that would not prohibit former Council Members from serving on other City Advisory Boards. Section 2.06. Vacancies; Forfeiture of Office. Section 2.07. Judge of Qualifications. Section 2.08. City Clerk. Consultant Burgess stated that this Section tracks the language of the existing Charter. Discussion ensued regarding a provision regarding the removal of the City Clerk; removal of Charter Officers; Charter Officer appointments; and uniformity in the removal procedures for Charter Officers, Discussion. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE MEETING - NOVEMBER 14,2000 - 4:00 P.M. PAGE 4 OF 5 Section 2.09. Investigations. Section 2.10. Independent Audit. Section 2.11. Procedure. Section 2.12. Action Requiring an Ordinance. Section 2.13. Ordinances in General. Section 2.14. Authentication and Recording; Codification. Consultant Burgess stated these Sections were consistent with the current City Charter. No additional discussion. Article III CITY MANAGER Manager McLemore spoke in reference to the City Manager form of government and City Management; and dealing with this issue effectively in the Charter. Tape 2/Side A Manager McLemore continued speaking of reconsideration of the super majority issue in terms of removal; giving this issue careful consideration; and the uniqueness of this position. Committee Member Freeman departedfrom the meeting at 5:41 p.m. Discussion ensued regarding super majority vs. simple majority; and possibly leaving this Section as is. Following a brief discussion, Committee Members and Consultants agreed that an additional Charter Review Committee Meeting would be necessary and the consensus was to schedule the additional meeting for Tuesday, December 19, 2000 commencing at 4:00 p.m. The Public Input session would begin at 7:00 p.m., and the Committee would reconvene again in the East Training Room at 8:00 p.m. Discussion continued regarding consistencies with removal provISIons for Charter Officers; the super majority vs. simple majority issue; the recruitment process for City Managers; quorum majorities; and severance pay packages. Committee Member Reischmann departedfrom the meeting at 5:49 p.m. Mediator/Project Coordinator Crotty summarized consensus as the following: simple majority for the City Clerk and City Attorney; and inserting language regarding removal. Discussion. Discussion ensued regarding Florida being an "at will" State; the insertion of "at will" language; and whether this should be included in the Appointment or Removal Section. Discussion. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE MEETING - NOVEMBER 14,2000 - 4:00 P.M. PAGE 5 OF 5 City Attorney Garganese departedfrom the meeting at 5:52 p.m. Article IV Section 4.01. Creation of Departments. No discussion. Section 4.02. City Attorney. Mediator/Project Coordinator Crotty summarized consensus as the addition of the provision for the removal of the City Attorney by a simple majority. Article V FINANCIAL PROCEDURES Consultant Burgess stated that Article V tracks the existing Charter. Following a brief discussion, it was decided not to discuss the Financial Sections with Committee Members absent. Discussion. Discussion ensued regarding Revenue Bonds; General Obligation Bonds; and the definitions of these. III. ADJOURNMENT Mediator/Project Coordinator Crotty adjourned the meeting at 6:02 p.m. Minutes respectfully submitted by: Tania Haas, Deputy City Clerk City of Winter Springs DOCSlboards/charter/minutes/2000/11 1400 - 4 p.m. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE MEETING NOVEMBER 14,2000 I. CALL TO ORDER Ms. Marilyn E. Crotty, Mediator/Project Coordinator called the meeting to order at 7:00 p.m., Tuesday, November 14, 2000, in the Commission Chambers 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, absent Committee Member Donald Gilmore Committee Member Sally McGinnis Committee Member Robert Ori Committee Member William Reischmann, absent Also Present: Mediator/Project Coordinator Marilyn Crotty City Manager Ronald W. McLemore, arrived at 7:02 p.m. City Attorney Anthony A. Garganese, absent Consultant James V. Burgess II. PUBLIC INPUT - DRAFT CHARTER REVIEW Mediator/Project Coordinator Marilyn Crotty introduced herself, and noted the purpose of this meeting. Mediator/Project Coordinator Crotty opened the "Public Input" portion of this meeting. Mr. John Ferring, 694 Benitawood Court, Winter Springs, Florida: spoke in reference to a proposed Amendment regarding the Pension Fund and the Board of Trustees. Mr. Paul P. Partyka, Mayor, City of Winter Springs: thanked the Committee Members for volunteering their time; and informed Members "that they have the power" to make any recommendations that would be in the best interest of the City. Mr. Edward Martinez, Jr., Commissioner, City of Winter Springs: spoke briefly in reference to the draft Charter and informed the Committee he would prepare a presentation for the next "Public Input" session. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMISSION MEETING - NOVEMBER 14,2000 - 7:00 PM PAGE 2 OF 2 Ms. Cindy Gennell, Commissioner, City of Winter Springs: spoke of the CPI (Consumer Price Index) and incorporating it into the budget for compensation adjustments; possibly adding a compensation provision related to the Mayor and the Deputy Mayor; redundancy in the Charter with items already covered in the Florida Statutes; and Section 2.05. Prohibitions. (b) Interference with Administration. Mediator/Project Coordinator Crotty closed the "Public Input" portion of this meeting. III. ADJOURNMENT Mediator/Project Coordinator Crotty informed everyone of the newly scheduled meeting on Tuesday, December 19, 2000 at 4:00 p.m. The "Public Input" session would begin at 7:00 p.m., and the Committee would reconvene again in the East Training Room at 8:00 p.m. Discussion ensued regarding the availability of the revised draft Charter and the time frame of distribution to Committee Members and the Public. Mediator/Project Coordinator Crotty adjourned the meeting at 7:53 p.m. Minutes respectfully submitted by: Tania Haas, Deputy City Clerk City of Winter Springs DOCSlboards/charter/minutes/2000/101100 - 7 p.rn. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE MEETING NOVEMBER 14,2000 I. CALL TO ORDER Ms. Marilyn E. Crotty, Mediator/Project Coordinator called the meeting to order at 8:00 p.m., Tuesday, November 14,2000, 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, absent Committee Member Donald Gilmore Committee Member Sally McGinnis Committee Member Robert Ori Committee Member William Reischmann, absent Also Present: Mediator/Project Coordinator Marilyn Crotty City Manager Ronald W. McLemore City Attorney Anthony A. Garganese, absent Consultant James V. Burgess II. PROJECT TEAM - DRAFT CHARTER REVIEW Article VI ELECTIONS Mediator/Project Coordinator Marilyn Crotty initiated discussion related to this Section. Areas discussed included: the consensus of four (4) year terms; even year election cycles; and general election voter turnouts. Discussion continued regarding the expiration of term dates for the current Commission; the effective date of the revised Charter; creating new districts; the possible extension of terms; staggering of terms; defining districts in the Charter; the three (3) year cycle for the Districting Commission; and appointments to the Districting Commission. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE MEETING - NOVEMBER 14,2000 - 8:00 P.M. PAGE20F3 Section 6.01. City Elections. (b) Qualified Voters. (c) Conduct of Elections. Consultant Burgess stated these Sections track the existing Charter. Section 6.02. Qualifications of Candidates. Consultant Burgess stated this Section was incorporated verbatim from the Administrative Code. Discussion ensued regarding residency requirements; registered voters; the one year residency requirement; qualifying time; the required petition; the qualifying package; possibly increasing the number of signatures required on the petition; approval of the qualifying packages by the Commission; and the constitutionality of the registered voter requirement. Section 6.03. Special Elections; Filling of Vacancies. Consultant Burgess gave a brief background on the filling of vacancies; discussed how the current Charter compares; possibly allowing the Council to appoint a member to complete a term; Special Elections; vacancies in the Mayoral office; and possible conflicts with the Model Charter. Discussion ensued regarding the sixty (60) day provision included in the Model City Charter; appointments for term completions; the language of the Model Charter; and the Commission calling for Special Elections. Tape I/SideB Discussion continued regarding Special Elections; adding the language of the sixty (60) day provision; partial terms not counting as full terms; the filling of a vacancy by the Deputy Mayor; and the forfeiture of Council seats. Regarding the filling of vacancies, Consultant Burgess recommended holding a special election in cases where there were more than six (6) months remaining to complete a term; in cases with less than six (6) months it was recommended that the Deputy Mayor should fulfill the remainder of the term. Following additional discussion the Committee agreed to revisit this Section at the next meeting with all Committee Members present. Section 6.04. Non Partisanship Required. Consultant Burgess recommended this Section should not be included in the Charter because Florida State laws require nonpartisan municipal elections. CITY OF WINTER SPRINGS MINUTES CHARTER REVIEW COMMITTEE MEETING - NOVEMBER 14,2000 - 8:00 P.M. PAGE30F3 Section 6.05. Council Districts; Adjustment of Districts. Areas addressed in this Section included: possibly redefining the districts; changing the Districting Commission to seven (7) members; a three (3) year cycle for the Districting Commission; the impact to the districts caused by future annexations; and even year elections. Section 6.06. Initiative and Referendum. Consultant Burgess stated that this Section tracks the existing Charter. Discussion ensued regarding the procedures for Amendments to the City Charter; Ordinances that amend the Charter; and the Referendum process. Article VII INTERIM AND GENERAL PROVISIONS Consultant Burgess stated he would insert a provision related to an extension of terms and sought clarification as to the effective date ofthe revised Charter. Discussion. Additional areas discussed included: the repeal of conflicting laws; Section 7.06. Severability.; and that the revised draft Charter would be available for review by November 24, 2000. III. ADJOURNMENT Mediator/Project Coordinator Crotty adjourned the meeting at 9:02 p.m. Minutes Respectfully Submitted by: Tania Haas, Deputy City Clerk City of Winter Springs DOCSlboards/charter/minutes12000!l 11400 - 8 p.m.