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HomeMy WebLinkAbout2010 02 25 Winter Springs Ad Hoc Charter Review Committee Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING FEBRUARY 25, 2010 I. CALL TO ORDER The Meeting of Thursday, February 25, 2010 of the Winter Springs Ad Hoc Charter Review Committee was called to Order at 7:00 p.m. by City Attorney Anthony A. Garganese in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Charles Lacey, present Vice Chairperson Tom Freeman, arrived at 7:03 p.m. Committee Member George Acha, present Committee Member Pamela Carroll, present Committee Member Steve Glazier, absent Committee Member Beth King, present Committee Member George Markward, present Committee Member Bill Poe, absent Committee Member John Ryser, present Committee Member Helga Schwarz, present Committee Member Sandy Traeger, present A moment of silence preceded the Pledge of Allegiance. Chairperson Lacey asked City Attorney Anthony A. Garganese, "Do you have any Agenda changes that we should anticipate ?" Attorney Garganese replied, "I have a brief Powerpoint presentation and once we get into the review of the Articles - just want to go over protocol." II. CONSENT AGENDA CONSENT Office Of The City Clerk Requesting Approval Of The February 18, 2010 Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE MINUTES FROM THE LAST MEETING OF FEBRUARY 18, (2010)." MOTION BY COMMITTEE MEMBER KING. SECONDED BY COMMITTEE MEMBER CARROLL. DISCUSSION. Vice Chairperson Tom Freeman arrived at 7:03 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING FEBRUARY 25, 2010 PAGE 2 OF 22 VOTE: COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE MOTION CARRIED. III. GENERAL PUBLIC INPUT No one spoke. IV. REVIEW OF ARTICLES I - IV, CITY CHARTER Attorney Garganese began this discussion stating, "Home Rule Authority runs throughout the Charter. Keep in mind that Florida is a Home Rule State. Municipalities have Home Rule Authority and that comes into play in all sorts of legal issues throughout the Charter." Attorney Garganese continued with a PowerPoint presentation and overview. Discussion ensued on how to best proceed through the Articles and Model City Charter. Chairperson Lacey referenced the Articles proposed to be discussed at this Meeting and pointed out that "Article IV. addresses the method by which we hire the City Clerk. I just want to point out that when we get into that Section, we are also going to be establishing some precedent for what happens in Articles V. and VI. where the City Manager and the City Attorney are hired. So, as we get to that, it would probably be beneficial to the discussion if we think of those - instead of just the City Clerk in Section IV., we think of all the Charter Officers." Chairperson Lacey then suggested that the Charter Officers may all be discussed during the discussion of Article IV. Further comments followed regarding what the City Commission has asked this Committee to consider, the Comparative Worksheets, and the Model City Charter. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING- FEBRUARY 25, 2010 PAGE 3 OF 22 "I MOVE THAT WE ADDRESS THE SPECIFIC QUESTIONS THAT WERE SET FORTH BY THE CITY COMMISSION IN THE RESOLUTION FIRST AND AFTER WE HAVE ADDRESSED THEM IN SEQUENCE, THAT WE ADDRESS OTHER MATTERS THAT MIGHT BE IMPORTANT TO THE COMMITTEE." MOTION BY VICE CHAIRPERSON FREEMAN. SECONDED BY COMMITTEE MEMBER CARROLL. DISCUSSION. RESTATING THE MOTION, CHAIRPERSON LACEY STATED, "THE MOTION IS THAT WE ADDRESS JUST THE ITEMS HIGHLIGHTED BY THE COMMISSION BEFORE WE GO ONTO ANY OTHER MATTERS..." VICE CHAIRPERSON FREEMAN REPLIED, "...I SAID `ADDRESS THE ISSUES'." VICE CHAIRPERSON FREEMAN NOTED, "IF, FOR SOME REASON, WE DO NOT HAVE ENOUGH TIME TO DELIVER OUR COLLECTIVE THOUGHTS AND OPINIONS TO THE CITY COMMISSION, THEN I THINK IT IS VERY IMPORTANT WE DELIVER FIRST OUR THOUGHTS AND OPINIONS AND DISCUSSIONS WITH REGARD TO THE QUESTIONS THAT THEY ARE SPECIFICALLY ASKING." FURTHER COMMENTS. CHAIRPERSON LACEY ASKED VICE CHAIRPERSON FREEMAN, "IF YOUR MOTION PASSES, DO I UNDERSTAND THEN THAT WHEN WE FINISH WITH THE COMMISSION'S ITEMS IN ARTICLE 1V., THAT YOU WOULD WANT TO CONTINUE ONLY ON THEN WITH COMMISSION ITEMS THAT ARE IN SUBSEQUENT ARTICLES, OR WOULD YOU WANT TO AT THAT POINT CYCLE BACK AND GO THROUGH OTHER ITEMS RELATED TO ARTICLES I THROUGH IV ?" VICE CHAIRPERSON FREEMAN REPLIED, "MY INTENT IS TO CONTROL THE SPECIFIC QUESTIONS BEFORE WE DEAL WITH THE GENERAL QUESTION OF THE MODEL CODE. THE MODEL CODE IS THE GENERAL AND THAT WILL TAKE UP AT LEAST SIX (6) OR EIGHT (8) MEETINGS. THEN AFTER THAT, HOW MUCH TIME ARE WE GOING TO HAVE TO ADDRESS THE SPECIFIC QUESTIONS THAT THE COMMISSION WANTED ANSWERED." SUMMARIZING, CHAIRPERSON LACEY STATED, "WE HAVE A MOTION TO CHANGE THE PROCEDURE TO GO THROUGH FOCUSING PRIMARILY ON THE ITEMS THAT ARE HIGHLIGHTED IN YELLOW, WHICH REFLECT THE MANDATE THAT CAME FROM THE CITY COMMISSION TO LOOK AT; AND WHEN WE HAVE EXHAUSTED THAT, THEN WE MAY GO BACK AND CONSIDER OTHER IDEAS. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 4 OF 22 NOW, TO PUT THAT IN CONTEXT - IF THIS MOTION WERE TO FAIL, THEN THE PROCEDURE WOULD BE TO GO EFFECTIVELY — BEGINNING WITH ARTICLE I. - LOOKING WITH EQUAL MERIT THE MODEL CHARTER SUGGESTIONS, THE CITY COMMISSION CHARTER SUGGESTIONS, AND OUR OWN IDEAS FOR SUGGESTIONS." VOTE: COMMITTEE MEMBER KING: NAY COMMITTEE MEMBER MARKWARD: NAY COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: NAY COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: NAY VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: NAY COMMITTEE MEMBER ACHA: NAY MOTION DID NOT CARRY. Committee Member Pamela Carroll spoke of a letter that Mr. Thomas A. Binford had submitted for consideration. Referencing input, Chairperson Lacey asked that all correspondence be forwarded to the Committee Members directly and as swiftly as possible. Vice Chairperson Freeman asked, "Is it not a part of a Public Record." Attorney Garganese replied, "It is part of the Committee's Record." Chairperson Lacey asked Deputy City Clerk Joan Brown, "Did these come through the Clerk's Office ?" Deputy City Clerk Brown replied, "Yes." Chairperson Lacey then asked, "Any that you have in time to send out with the Agenda packets, can you include them? They are not really part of the Agenda, so I do not want to treat them as an Agenda Item, but if you can just provide it to us..." Deputy City Clerk Brown said, "..Yes..." Chairperson Lacey added, "...Any way that you can." Deputy City Clerk Brown said, "Certainly." Continuing, Chairperson Lacey remarked, "There is absolutely nothing that says we can't go backwards so — even weeks from now, if you think of something back here, it is at the Committee's pleasure." Referencing, "ARTICLE II. TERRITORIAL BOUNDARIES ", Section 2.03. "Annexation procedure. ", Committee Member Helga Schwarz thought some of the language was redundant. Discussion. Committee Member Schwarz inquired whether language should reference following Chapeter 171, Florida Statutes for Annexations. Chairperson Lacey then asked Attorney Garganese, "Will this paragraph be effectively the same if we struck everything up to the very last sentence ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 5 OF 22 Attorney Garganese suggested, "You can just keep in the last sentence, That the procedures are set forth by Chapter 171, Florida Statutes - that addresses it - I am sure as you go through this Charter, you are going to find some things that are put in the category of redundant or technical edits; maybe we group all those together, we'll track them for you and if you want to recommend that those be taken out." Attorney Garganese suggested for the Record that the Committee Members take a Vote on recommendations and thoughts. "I MAKE A MOTION TO AMEND `ARTICLE II. (TERRITORIAL BOUNDARIES) SECTION 2.03. `Annexation procedure.' TO REMOVE ALL LANGUAGE UP TO THE LAST SENTENCE OF THAT SECTION." MOTION BY COMMITTEE MEMBER SCHWARZ. CHAIRPERSON LACEY STATED, "SECONDED BY VICE CHAIRPERSON FREEMAN." DISCUSSION. CHAIRPERSON LACEY NOTED, "THE MOTION IS TO CUT SECTION 2.03. (`Annexation procedure.') DOWN TO THE VERY LAST PARAGRAPH." VOTE: COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE MOTION CARRIED. Next, "ARTICLE III. POWERS OF THE CITY" was discussed. Committee Member Schwarz commented on the language related to Section 3.01. "THE CITY SHALL HAVE THE GOVERNMENTAL, CORPORATE AND PROPRIETARY POWERS TO ENABLE - IT TO CONDUCT MUNICIPAL GOVERNMENT, PERFORM MUNICIPAL FUNCTIONS AND RENDER MUNICIPAL SERVICES, AND MAY EXERCISE ANY POWER FOR MUNICIPAL PURPOSES EXCEPT WHEN EXPRESSLY PROHIBITED BY LAW. THAT IS MY MOTION TO AMEND ARTICLE III., SECTION 3.01. GENERALLY." MOTION BY COMMITTEE MEMBER SCHWARZ. MOTIN DIED FOR LACK OF A SECOND. "ARTICLE IV. GOVERNING BODY' was discussed next. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING — FEBRUARY 25, 2010 PAGE 6 OF 22 Discussion ensued on being Elected by Districts or at large. Tape I /Side B Vice Chairperson Freeman stated "Point of Information" and commented on Robert's Rules of Order. Discussion ensued on passing the gavel. Committee Member Schwarz discussed suggested language for (a) "Composition." and (b) "Eligibility." Discussion ensued on Residency requirements and Chairperson Lacey commented, "It does seem backwards to have the Charter refer to the Code." The importance of Residency requirements being in the Charter was addressed. Chairperson Lacey said to Committee Member Schwarz, "The question about `Terms' and where it fits in here is a separate item from anything else we are going to discuss, so why don't we clean that up now and have you make a Motion to move the `Terms' down under Section 4.03., however you would like to see that and then we will be done with that part." "I MOVE THAT THE CITY ATTORNEY DRAFT LANGUAGE TO MOVE THE TERMS FROM SECTION 4.01. OF ARTICLE IV. TO SECTION 4.03. IN ARTICLE IV." MOTION BY COMMITTEE MEMBER SCHWARZ. SECONDED BY COMMITTEE MEMBER RYSER. DISCUSSION. CHAIRPERSON LACEY ADDED, "I THINK THE `NOT TO EXCEED FOUR - YEARS' LANGUAGE SHOULD BE STRICKEN WHEN WE MAKE THAT MOVE. " FURTHER DISCUSSION. CHAIRPERSON LACEY ASKED ATTORNEY GARGANESE, "IF THIS MOTION PASSES DO YOU UNDERSTAND WHAT IS BEING ASKED ?" ATTORNEY GARGANESE REPLIED, "I UNDERSTAND THE MOTION TO MEAN THAT ANY REFERENCE TO THE TERM OF A COMMISSIONER BE MOVED FROM 4.01. TO 4.03. MS. SCHWARZ WANTS TO CONSOLIDATE THE TERM REQUIREMENTS IN ONE SUBSECTION, 4.03...." CHAIRPERSON LACEY NOTED, "...AND AT THIS POINT, WE ARE NOT TALKING ABOUT YET ANY CHANGES TO TAKING OFFICE OR WHAT THOSE TERMS ARE, JUST TO CLEAN UP THE LANGUAGE..." ATTORNEY GARGANESE ADDED, "...CORRECT, BASICALLY RESTRUCTURING 4.01. AND 4.03." CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 7 OF 22 VOTE: COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE MOTION CARRIED. With further comments, Chairperson Lacey commented about Elected Candidates taking Office and Certifying Elections. Committee Member George Markward asked if anyone knew when and why the current "Lame duck" period was created. "I MOVE THAT WE RECOMMEND TO THE COMMISSION THAT WE AMEND THE CHARTER TO REQUIRE THAT THE ELECTED CANDIDATES TAKE OFFICE AT THE NEXT REGULAR MEETING OF THE CITY COMMISSION." MOTION BY VICE CHAIRPERSON FREEMAN. SECONDED BY COMMITTEE MEMBER MARKWARD. DISCUSSION. CHAIRPERSON LACEY ASKED ATTORNEY GARGANESE, "ARE THERE ANY TECHNICAL CONSIDERATIONS CONCERNING CERTIFICATION OF ELECTION AND TIMING WE NEED TO BE AWARE OF ?" ATTORNEY GARGANESE REPLIED, "THERE ARE A LOT OF TECHNICAL ISSUES THAT CAN HAPPEN AS A RESULT OF AN ELECTION, HOWEVER, HAVING A PROVISION IN THE CHARTER SAYING `TAKE OFFICE AT THE NEXT MEETING' WOULD BE OKAY, BUT YOU HAVE GOT TO KEEP IN MIND SOMETIMES THERE ARE ELECTION CONTESTS AND YOU MIGHT HAVE A SITUATION WHERE SOMEBODY DOESN'T GET CERTIFIED BEFORE THE NEXT ELECTION, BUT THAT WOULD BE A TECHNICAL LEGAL ISSUE AT THAT POINT. AT LEAST THE INTENT OF THE CHARTER IS IT IS THE NEXT ELECTION UNLESS THERE IS SOME EXTRAORDINARY ELECTION CONTEST." COMMITTEE MEMBER RYSER ASKED, "I BELIEVE THE MOTION SAID THAT THEY WOULD TAKE OFFICE AT THE NEXT — REGULAR MEETING AND I DON'T KNOW IF A SPECIAL MEETING SHOULD BE ADDED TO THAT AS WELL." COMMITTEE MEMBER RYSER THEN ASKED, "I WOULD LIKE TO AMEND THE MOTION IF AGREEABLE TO COVER THAT." VICE CHAIRPERSON FREEMAN RESPONDED, "I WILL ACCEPT THAT AMENDMENT." CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 8 OF 22 TO SUMMARIZE, CHAIRPERSON LACEY STATED, "THE MOTION IS TO MODIFY THE CHARTER TO PROVIDE FOR NEWLY ELECTED OFFICIALS TO TAKE OFFICE AT THE NEXT REGULAR OR SPECIAL MEETING OF THE CITY COMMISSION." VOTE: COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE MOTION CARRIED. Discussion ensued on Districting Commission Term limits, and the number of Districts in the City. The letter from Mr. Binford was again referenced. Further discussion ensued on the Mayor's position, Mayoral responsibilities, and veto powers. Continuing, Chairperson Lacey remarked, "The Commission gave us two (2) tasks that relate to this in my opinion. One (1) was to look at the Mayor's Veto Power to extend it from Ordinances to Resolutions; and the other was to look at - what kind of Majority or Super Majority Vote was needed to hire or fire Charter Officers. And I think those two (2) questions are completely intertwined into this much larger question of what is the form of government for the City going to be, and how are the Commission Members Elected, who has Votes, and what majorities are required to Elect certain Officers." Chairperson Lacey stated, "We have to tackle the entire question as a whole. If anyone has any suggestions on how we can do that a little more orderly, I am open to it." Committee Member Schwarz asked, "Respectfully, I would request that in discussion of the Mayor position that the gavel be passed to the Vice Chair(person) in light of Candidancy of the Chair for the position of Mayor and that this would not preclude Mr. Lacey from doing any discussion; but I think in light of the fact that he is a Candidate for Mayor, that the gavel be passed to the Vice Chair(person)." Chairperson Lacey responded, "I have no problem with that." The position of Mayor was discussed further with comments related to the Mayor being able to Vote and to lead the City; that single member Districts for Commissioners and the Mayor being Elected at large provide appropriate representation; and a Ceremonial Mayoral position. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING FEBRUARY 25, 2010 PAGE 9 OF 22 With further discussion, Chaiperson Lacey added, "There are several interests that are cross purposes — the current system we have does allow the Mayor to operate independently. A fundamental principle of Robert's Rules of Order is the Chairman of any committee as the Judge (Freeman) pointed out in an earlier discussion, should always attempt to remain neutral, because his job is to make sure that everyone has a chance to have their voices heard so that the will of the Majority is enacted but the voice of the minority is not squashed in the process. And, there has been a benefit to the Mayor by not having a Vote, to be able to manage the Commission - not burn any bridges with Members of the Commission and to be more effective in that impartial role. However, the point about the Mayor being a spokesman for the City, that is his number one job and — you can be a much more effective spokesman in the world outside of Winter Springs if you represent yourself as part of the Commission and part of the decision making process." Vice Chairperson Freeman noted, "It looks like a Consensus of what people have addressed is that it is about nine -one (9 -1). I have to take Charles' (Lacey) comments as an indication that he is in favor of the Mayor at least having a voice on many matters that come before the City. I am going to relinquish the Chair back to Mr. Lacey." Discussion followed on a Voting Mayor; Vetos; the Mayor representing the City; and how to proceed. "I MAKE A MOTION THAT WE - MODIFY ARTICLE IV. TO BRING IN THE - VERBIAGE FROM ALTERNATIVE FOR SINGLE MEMBER DISTRICTS AND THE MAYOR BEING ELECTED AT LARGE." MOTION BY COMMITTEE MEMBER MARKWARD. SECONDED BY VICE CHAIRPERSON FREEMAN. DISCUSSION. CHAIRPERSON LACEY EXPLAINED THE MOTION WAS FOR "SINGLE MEMBER - DISTRICTS AND THAT THE MAYOR BE ELECTED AT LARGE AND IMPLICIT IN THAT IS THAT THE MAYOR HAS A VOTE — GEORGE (MARKWARD) OR ARE YOU JUST ADDRESSING SOLELY THE QUESTION OF SINGLE MEMBER DISTRICTS ?" COMMITTEE MEMBER MARKWARD CONFIRMED, "THANK YOU FOR ALLOWING ME TO CORRECT THAT. YES, THAT THE MAYOR IS A VOTING MEMBER OF THE COMMISSION." DISCUSSION. Tape 2 /Side A FURTHER DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 10 OF 22 CHAIRPERSON LACEY REMARKED, "THE MOTION IS TO CHANGE THE AT LARGE BY DISTRICT PROCEDURE WE HAVE IN PLACE NOW FOR COMMISSIONERS TO BE SINGLE MEMBER DISTRICTS; MEANING EACH COMMISSIONER RUNS IN HIS DISTRICT AND IS ELECTED ONLY BY MEMBERS OF HIS DISTRICT TO SERVE ON THE COMMISSION; AND ALSO IN THE MOTION, AS I RECALL — GEORGE (MARKWARD), WAS THE MAYOR TO BE ELECTED AT LARGE AND TO HAVE A VOTE - THAT IS THE MOTION." VOTE: COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: NAY VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: NAY COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: NAY COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: NAY COMMITTEE MEMBER TRAEGER: NAY MOTION DID NOT CARRY. Chairperson Lacey asked Deputy City Clerk Brown, "By my count, the Motion failed five -four (5 -4) ?" Deputy City Clerk Brown stated, "Correct." Chairperson Lacey added, "I want to make sure that is in the Minutes completely for the Commission to review." "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSIONERS BE ELECTED AT LARGE ALONG WITH THE MAYOR, AND THE MAYOR HAS A VOTING RIGHT." MOTION BY COMMITTEE MEMBER KING. SECONDED BY VICE CHAIRPERSON FREEMAN. DISCUSSION. CHAIRPERSON LACEY CLARIFIED THE MOTION, "THE MOTION IS TO KEEP THE CURRENT SYSTEM FOR THE COMMISSIONERS TO BE ELECTED AS IS. BUT, FOR THE MAYOR TO ALSO BE ELECTED AT LARGE, SO NO CHANGE THERE. BUT THAT THE MAYOR WILL HAVE A VOTE EQUAL TO THE COMMISSIONERS ON THE DAIS." COMMITTEE MEMBER SCHWARZ INQUIRED, "IS THAT TO SAY WE ARE GOING TO HAVE FIVE (5) DISTRICTS PLUS A MAYOR THAT VOTES ?" COMMITTEE MEMBER KING AND CHAIRPERSON LACEY STATED, "YES." DISCUSSION FOLLOWED ON TIE BREAKING ISSUES. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 11 OF 22 CHAIRPERSON LACEY NOTED, "THERE ARE FOUR (4) ALTERNATIVES THAT WOULD BE THE NEXT STEP. ONE (1) WOULD BE TO REDUCE THE NUMBER OF COMMISSION SEATS TO GET TO AN ODD NUMBER. TWO (2) WOULD BE TO INCREASE THE COMMISSION SEATS TO GET TO AN ODD NUMBER. THE OTHER WOULD SIMPLY TO BE TO ALLOW AN EVEN NUMBER TO EXIST AND LIVE WITH THAT POSSIBILITY; OR THE FOURTH (4 ONE (1) THAT I JUST HEARD ABOUT THIS EVENING, IS TO FOLLOW THE ORLANDO MODEL AND ALLOW THE FIVE (5) COMMISSION SEATS TO EXIST, THE MAYOR TO BE ADDED, BUT TIE BREAKING WOULD GO ACCORDING TO THE MAYOR'S VOTE." COMMITTEE MEMBER MARKWARD ASKED, "THE DISTRICT RESIDENCY HAS NOT BEEN ADDRESSED WITHIN THIS MOTION AND CURRENTLY WE HAVE A REQUIREMENT FOR DISTRICT RESIDENCY FOR THE COMMISSIONERS. WAS IT YOUR INTENTION TO REMOVE THAT OR TO MAINTAIN THAT ?" CHAIRPERSON LACEY REPLIED, "THE MOTION DOES NOT ADDRESS IT." COMMITTEE MEMBER ADDED, "IT IS NOT ADDRESSED." FURTHER DISCUSSION. VICE CHAIRPERSON FREEMAN ANNOUNCED, "THE MOTION IS CLEAR TO ME AND I WILL `CALL THE QUESTION'." CHAIRPERSON LACEY MENTIONED, "IF YOU `CALL THE QUESTION', WE NEED TO HAVE A SECOND AND A TWO- THIRDS VOTE ON THAT. IS THERE A SECOND TO MR. FREEMAN'S MOTION TO `CALL THE QUESTION'." "SECONDED." SECONDED BY COMMITTEE MEMBER MARKWARD. CHAIRPERSON LACEY REITERATED, "THERE IS NO DISCUSSION ON THIS. WHAT WE ARE NOW VOTING ON IS A MOTION TO `CALL THE QUESTION' ON THE ORIGINAL MOTION. WE ARE NOT VOTING ON THE ORIGINAL MOTION, ONLY WHETHER WE WANT TO CONTINUE TO DEBATE OR TO IMMEDIATELY PROCEED TO A VOTE AND THIS REQUIRES A TWO -THIRD VOTE. WE HAVE NINE (9) MEMBERS UP HERE SO IT TAKES SIX (6) TO PASS A MOTION TO MOVE THE PREVIOUS QUESTION. EVERYONE CLEAR ON WHERE WE ARE? I WANT TO MAKE SURE BEFORE WE VOTE." THERE WERE NO OBJECTIONS VOICED. CITY OF WINTER SPRINGS, FLORIDA MINUFES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 12 OF 22 VOTE: CHAIRPERSON LACEY: NAY VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: NAY COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: NAY COMMITTEE MEMBER TRAEGER: NAY COMMITTEE MEMBER CARROLL: AYE MOTION DID NOT CARRY. CHAIRPERSON LACEY ASKED DEPUTY CITY CLERK BROWN, "IS THAT FIVE -FOUR (5 -4) ?" DEPUTY CITY CLERK BROWN STATED, "CORRECT." CHAIRPERSON LACEY REMARKED, "WE ARE UNDER DISCUSSION OF THE ORIGINAL MOTION, MR. FREEMAN." DISCUSSION. COMMITTEE MEMBER KING REITERATED HER MOTION AND SAID, "THE COMMISSIONERS BE ELECTED AT LARGE, THE MAYOR AT LARGE, WITH THE MAYOR WITH VOTING PRIVILEGES." CHAIRPERSON LACEY SUMMARIZED, "THIS IS BASICALLY A MOTION TO GRANT VOTING PRIVILEGES TO THE MAYOR - IT DOES NOT YET ADDRESS THE QUESTION OF HOW WE SOLVE THE CONFLICT. IS THERE MORE DISCUSSION ON THIS PARTICULAR TOPIC? THERE WILL BE FURTHER PERFECTION OF THE MOTION TO COME DOWN THE ROAD, IF THIS PASSES." CHAIRPERSON LACEY ADDED, "THIS IS A MOTION TO KEEP THE CURRENT COMMISSION ELECTED AS IS; TO KEEP THE MAYOR ELECTED AS IS; BUT TO GRANT A VOTE TO THE MAYOR." VOTE: COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: NAY COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: NAY VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 13 OF 22 Chairperson Lacey then mentioned, "We are making a recommendation that the Mayor be granted a Vote. Now we have to address the question of, whether we want to simply leave it at that, with a six (6) member dais with a possibility of even Votes, or if we want to in some way address how we turn that into a decisive Vote scenario." "I MOVE TO TABLE THAT DISCUSSION UNTIL WE GET TO THAT ISSUE IN THE MODEL CHARTER. IF YOU REMEMBER CORRECTLY, WHAT WE SAID WE WERE GOING THROUGH I THROUGH IV AND WE WERE GOING TO STICK WITH THAT — WHAT WE OUGHT TO DO IS MOVE ONTO THE REST OF ARTICLE IV." MOTION BY VICE CHAIRPERSON FREEMAN. SECONDED BY COMMITTEE MEMBER CARROLL. DISCUSSION. CHAIRPERSON LACEY STATING, "THERE IS NO DISCUSSION ON A MOTION TO TABLE. THIS IS A SIMPLE MAJORITY VOTE OF WHETHER YOU WANT TO TABLE THE FURTHER DISCUSSION CONCERNING THE NUMBER OF COMMISSIONERS AND MAYOR." VOTE: COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: NAY COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: NAY VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: NAY COMMITTEE MEMBER ACHA: AYE MOTION CARRIED. Chairperson Lasey summarized, "We have Tabled discussion on the composition of the City Commission." Next, Attorney Garganese reviewed the "Eligibility" requirements by stating, "In the Charter, the "Eligibility" requirement is — you have to be a qualified Voter of the City to hold Office as the Mayor or a Commissioner. In addition, the Charter provides that additional qualifications are imposed in Section 2 -87. of the City Code. That Code provision has been in existence at least since 1974. It was Amended once in my tenure as City Attorney to address the Qualifying periods and the issue that has been raised in 2 -87. there is a Residency requirement, where in order to run, you have to reside within the City at least one (1) year prior to Qualification; and Ms. (Committee Member) Schwarz indicated or made a suggestion that perhaps the Residency requirement should be elevated and incorporated into the City Charter." CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 14 OF 22 Committee Member Schwarz read an excerpt related to "Eligibility" portion of the Ordinance. The Qualifying period and Residency was discussed. "I MAKE A MOTION THAT THE CITY ATTORNEY REVIEW FLORIDA STATUTES IN RELATION TO RESIDENCY REQUIREMENTS OR HOME RULE POWERS IN RELATION TO ELIGIBILITY FOR PUBLIC OFFICE IN THE CITY OF WINTER SPRINGS - AND BRING THAT BACK TO US AT THE NEXT MEETING OR WHEN HE HAS AN ANSWER." MOTION BY COMMITTEE MEMBER SCHWARZ. SECONDED BY COMMITTEE MEMBER KING. DISCUSSION. CHAIRPERSON LACEY RESTATED, "THE MOTION IS TO REFER TO THE ATTORNEY THE QUESTION OF OUR CURRENT SECTION 2 -87. CODE AND EVEN POTENTIALLY ITS APPLICATION IN THE CHARTER WITH STATE STATUTES SO THAT WE CAN PROCEED AND APPROPRIATE CASE LAW." COMMITTEE MEMBER SCHWARZ ADDED, "AND NOT JUST IN RELATION TO THE CHARTER, BUT ALSO TO THE FACT THAT IT IS IN OUR ORDINANCE AS WELL." CHAIRPERSON LACEY NOTED, "BASICALLY WHETHER THE CITY HAS THE POWER TO ENFORCE RESIDENCY, WHETHER IT IS IN THE CHARTER OR AN ORDINANCE." NEXT, COMMITTEE MEMBER SCHWARZ ASKED, "IS THE SUGGESTION MR. FREEMAN THAT ONCE ELECTED THEY WOULD TAKE UP RESIDENCE WITHIN THE CITY WITHIN THE DISTRICT..." VICE CHAIRPERSON FREEMAN SAID, "...THEY ARE REQUIRED TO BE A RESIDENT OF THE DISTRICT AT THE TIME THEY TAKE OFFICE - YOU DO NOT HAVE TO LIVE IN THE DISTRICT TO GET ELECTED TO THAT PARTICULAR OFFICE. BUT, YOU HAVE TO MOVE INTO THE DISTRICT PRIOR TO THE TIME THAT YOU ASSUME OFFICE." VOTE: COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: NAY COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING -- FEBRUARY 25, 2010 PAGE 150F22 Next, Chairperson Lacey referred to the Mayor's Veto Power and noted, "I believe that — a couple of Motions back, to add the Mayor as a Voting Member probably negates any need to discuss that, but I yield to the Committee if anyone does want to specifically address that topic." "I MOVE THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY ADD RESOLUTIONS TO THE MAYOR'S VETO POWER, BECAUSE THEY SPECIFICALLY ASKED US THAT QUESTION AND I DON'T SEE ANY DIFFERENCE BETWEEN VETOING AN ORDINANCE AND VETOING A RESOLUTION. IT HAS NEVER BEEN DONE AND WON'T BE DONE; BUT IF THEY WANT OUR ADVICE AND COUNSEL ON THAT ISSUE, THEN I MOVE THAT WE TELL THEM THAT THEY CAN ADD." MOTION BY VICE CHAIRPERSON FREEMAN. SECONDED BY COMMITTEE MEMBER CARROLL. DISCUSSION. FURTHER COMMENTS ENSUED ON THE DIFFERENT TYPES OF RESOLUTIONS THAT TYPICALLY GO BEFORE THE CITY COMMISSION FOR APPROVAL WHICH COULD INCLUDE MILLAGE RESOLUTIONS. REGARDING VETOING OF POSSIBLE MILLAGE AND BUDGET RESOLUTIONS, ATTORNEY GARGANESE SUGGESTED, "WHY NOT CLARIFY IT TO EXCLUDE THOSE BUDGET RESOLUTION DECISIONS TO AVOID THE LEGAL ARGUMENT ALL TOGETHER." VICE CHAIRPERSON FREEMAN ADDED, "I MOVE THAT WE ALLOW THE MAYOR TO VETO RESOLUTIONS PROVIDED HOWEVER, THIS SHALL NOT PERTAIN TO BUDGETARY MATTERS." CHAIRPERSON LACEY CLARIFIED, "THE MOTION BEFORE THE COMMITTEE WAS TO BLANKET APPROVED RESOLUTIONS. I WILL TAKE YOUR REVISION AS AN AMENDMENT TO THE ORIGINAL MOTION TO EXCLUDE BUDGET RESOLUTIONS FROM THAT. IS THERE A SECOND TO THE AMENDMENT ?" SECONDED BY COMMITTEE MEMBER MARKWARD. DISCUSSION. CONTINUING, CHAIRPERSON LACEY SUMMARIZED, "WE ARE GOING TO VOTE ON THE AMENDMENT, WHICH WILL JUST EXPAND THE ORIGINAL RESOLUTION; SO IT IS SIMPLY NOW TO EXCLUDE BUDGETARY RESOLUTIONS FROM THE PROCESS AND THEN WE WILL HAVE ANOTHER CHANCE AFTER THIS TO VOTE ON THE ENTIRE MOTION." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING FEBRUARY 25, 2010 PAGE 16 OF 22 VOTE: (ON THE AMENDMENT) COMMITTEE MEMBER SCHWARZ: NAY COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE MOTION CARRIED. CHAIRPERSON LACEY ADDED, "WE ARE BACK ON THE DISCUSSION OF THE ORIGINAL MOTION AS AMENDED WHICH STATES THAT WE ARE GRANTING TO THE MAYOR THE POWER TO VETO RESOLUTIONS WITH THE EXCEPTION OF BUDGETARY RESOLUTIONS." DISCUSSION FOLLOWED ON WHETHER CHAIRPERSON LACEY SHOULD VOTE ON SUCH MOTIONS AS HE IS A CANDIDATE FOR MAYOR. FURTHER DISCUSSION ENSUED ON MAYORAL VETO POWER; THAT THE COMMITTEE IS SERVING AS AN ADVISORY COMMITTEE TO THE CITY COMMISSION; AND IF THERE WAS A RESOLUTION RELATED TO COMPENSATION FOR A CITY MANAGER. Tape 2 Side /B ATTORNEY GARGANESE RESPONDED, "THERE WOULD HAVE TO BE A REQUIREMENT THAT THE CITY MANAGER'S COMPENSATION BE ESTABLISHED BY RESOLUTION. YOU CAN ADDRESS THAT LATER ON AND IF THAT WAS THE CASE AND THE MAYOR HAD THE POWER TO VETO A RESOLUTION THEN, YES. BUT RIGHT NOW, THE MANAGER'S COMPENSATION IS NOT ESTABLISHED BY RESOLUTION." CHAIRPERSON LACEY EXPRESSED, "THE MOTION IS TO EXPAND THE MAYOR'S POWER OF VETO TO INCLUDE RESOLUTIONS, EXCEPT BUDGETARY MATTERS." CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING FEBRUARY 25, 2010 PAGE 17 OF 22 VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMITTEE MEMBER TRAEGER: NAY COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: NAY COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: NAY COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: NAY MOTION CARRIED. Discussion ensued regarding a Super Majority Vote. "I MAKE A MOTION TO CHANGE THE CHARTER'S DISCUSSION ON THE MAYOR'S VETO POWER AND THE SUBSEQUENT VOTING OF THAT ORDINANCE FROM A FOUR (4) VOTE SUPER MAJORITY TO A SIMPLE MAJORITY VOTE - ON THE ORDINANCE THAT WAS VETOED." MOTION BY COMMITTEE MEMBER RYSER. CHAIRPERSON LACEY ADDED, "ORDINANCE OR RESOLUTION ?" COMMITTEE MEMBER RYSER REPLIED, "YES." SECONDED BY COMMITTEE MEMBER SCHWARZ. DISCUSSION. NEXT, CHAIRPERSON LACEY REINSTATED, "THE MOTION AGAIN IS TO REQUIRE THE OVERRIDE OF THE VETO TO BE BY SIMPLE MAJORITY." VOTE: COMMITTEE MEMBER CARROLL: NAY CHAIRPERSON LACEY: NAY VICE CHAIRPERSON FREEMAN: NAY COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: NAY COMMITTEE MEMBER KING: NAY COMMITTEE MEMBER MARKWARD: NAY COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: NAY MOTION DID NOT CARRY. Next, there was discussion about Article IV., Section 4.08. (c) "Filling of vacancies ". CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING FEBRUARY 25, 2010 PAGE 18 OF 22 Attorney Garganese remarked, "There are other alternatives. As you suggested, I represent a City that is actually going through that right now. If there is a Vacancy, the Commission has the ability to Appoint somebody until the next General Election rather than for the full remaining balance of the Term. And when that person runs at the next General Election — whoever is Elected is for the remaining balance of that specific Term." Continuing, Attorney Garganese noted, "It is a short Term appointment until the next General Election, then they have to run for the remaining balance — somebody has to run for the remaining balance of that Term that was caused by the Vacancy." Chairperson Lacey noted, "I will pass the Gavel to the Vice Chair(man) (person Freeman)." "I WILL MAKE A MOTION THAT WE CHANGE (c) TO REFLECT THE LANGUAGE THAT THE ATTORNEY JUST EXPRESSED AND THAT AN APPOINTED MEMBER OF THE COMMISSION MUST STAND FOR ELECTION AT THE NEXT REGULARLY SCHEDULED ELECTION." MOTION BY CHAIRPERSON LACEY. SECONDED BY COMMITTEE MEMBER CARROLL. DISCUSSION. COMMITTEE MEMBER SCHWARZ ADDED, "I WOULD LIKE TO STATE THAT WE WOULD HAVE THE PERSON THAT IS FILLING THE POSITION IS QUALIFIED." ATTORNEY GARGANESE REPLIED, "CORRECT. THAT'S UNDERSTOOD. THEY WOULD HAVE TO MEET THE QUALIFICATIONS FOR OFFICE. I CAN WORK ON THAT LANGUAGE." VOTE: CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE MOTION CARRIED. Committee Member Schwarz further referenced Article IV., Section 4.08. and suggested the word "his" be removed. Attorney Garganese then suggested, "I don't know if there are any other non - gender neutral references but perhaps if you want us to go through the Charter and make it gender neutral, just make a broad Motion and then we can go ahead and do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 19 OF 22 "I MAKE A MOTION THAT WE MAKE THE CHARTER GENDER NEUTRAL." MOTION BY COMMITTEE MEMBER SCHWARZ. SECONDED BY COMMITTEE MEMBER KING. DISCUSSION CHAIRPERSON LACEY ADDED, "MOTION FOR THE ATTORNEY TO SCRUB THE CHARTER FOR GENDER NEUTRALITY AND BRING THAT BACK TO US AS A COMPREHENSIVE SET OF CHANGES." VOTE: COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE MOTION CARRIED. Committee Member John Ryser directed the Members' attention back to Section 4.08. and mentioned, "There does not seem to be any time frame in which that needs to be filled." Attorney Garganese addressed the Committee and gave an example saying, "One of the City's that we represent, they do have a time period to fill the Vacancy. They have, in this particular City, the next two (2) Regular Meetings in which to make the Appointment to fill the Vacancy; or they're required by Charter to hold Special Election." Attorney Garganese added that in many cases, other City Commission's have decided to let the Voters decide and Special Elections were held. "I WILL MAKE A MOTION THAT THE COMMISSION FILL THE VACANCY WITHIN THIRTY (30) DAYS OF — BEING AWARE OF THE VACANCY." MOTION BY COMMITTEE MEMBER RYSER. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT IF A VACANCY OCCURS BEFORE A GENERAL ELECTION, THAT THE COMMISSION WOULD AT THE NEXT REGULAR MEETING OR AT A SPECIAL MEETING APPOINTS FOR THE VACANCY." MOTION BY COMMITTEE MEMBER SCHWARZ. SECONDED BY COMMITTEE MEMBER RYSER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING FEBRUARY 25, 2010 PAGE 20 OF 22 CHAIRPERSON LACEY NOTED, "THE MOTION WAS - THE COMMISSION MUST MAKE AN APPOINTMENT TO FILL A VACANCY AT THE NEXT REGULARLY OCCURRING MEETING FOLLOWING THAT VACANCY." COMMITTEE MEMBER SCHWARZ REPLIED, "YES." DISCUSSION. ADDITIONALLY, CHAIRPERSON LACEY RESTATED THE MOTION AS, "THE MOTION TO BE VOTED UPON IS TO INCLUDE LANGUAGE THAT THE COMMISSION MUST FILL THE VACANCY AT THE NEXT REGULARLY SCHEDULED COMMISSION MEETING AFTER THE VACANCY OCCURS." VOTE: COMMITTEE MEMBER KING: NAY COMMITTEE MEMBER MARKWARD: NAY COMMITTEE MEMBER SCHWARZ: NAY COMMITTEE MEMBER TRAEGER: NAY COMMITTEE MEMBER CARROLL: NAY CHAIRPERSON LACEY: NAY VICE CHAIRPERSON FREEMAN: NAY COMMITTEE MEMBER RYSER: NAY COMMITTEE MEMBER ACHA: NAY MOTION DID NOT CARRY. Brief discussion. "I MOVE WE ADJOURN." MOTION BY VICE CHAIRPERSON FREEMAN. SECONDED BY COMMITTEE MEMBER TRAEGER. DISCUSSION. REGARDING THE NEXT MEETING, CHAIRPERSON LACEY STATED, "IF WE DO ADJOURN, THAT LEAVES US THE QUESTIONS OF THE CITY CLERK AND OTHER — CHARTER OFFICERS, IF WE CHOOSE TO ADDRESS IT. CHAIRPERSON LACEY ADDED, "AND THEN WE HAVE THE ISSUE OF THE ITEMS THAT WERE PUT ON THE TABLE." VICE CHAIRPERSON FREEMAN SUGGESTED THAT, "THE PUBLIC NOTICE OF THE MEETING — STATE THAT THE CHARTER REVIEW COMMITTEE WILL EXPLORE POTENTIAL MODIFICATIONS OF THE CHARTER — AND NOT RESTRICT IT TO ANY PARTICULAR SECTION OF THE CHARTER." COMMITTEE MEMBER SCHWARZ REMARKED, "I AGREE." NO OBJECTIONS WERE VOICED. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - FEBRUARY 25, 2010 PAGE 21 OF 22 NEXT, VICE CHAIRPERSON FREEMAN MENTIONED THAT HE WOULD NOT BE PRESENT AT THE NEXT MEETING, THURSDAY, MARCH 4, 2010. DEPUTY CITY CLERK BROWN STATED, "ACCORDING TO THE AGENDA THERE IS A GENERAL - PUBLIC INPUT BEFORE ADJOURNMENT." BRIEF DISCUSSION FOLLOWED ON HOW LONG THESE MEETINGS SHOULD BE. VICE CHAIRPERSON FREEMAN REMARKED, "I WILL WITHDRAW THE MOTION." Chairperson Lacey asked Vice Chairperson Freeman, "Would you like to make a Motion that we Suspend — discussion and go on to the next Agenda Item ?" "THAT IS EXACTLY WHAT I WAS TRYING TO SAY." MOTION BY VICE CHAIRPERSON FREEMAN. SECONDED BY COMMITTEE MEMBER MARKWARD. DISCUSSION. VOTE: COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE MOTION CARRIED. V. GENERAL PUBLIC INPUT No one spoke. Lastly, Chairperson Lacey commented, "Is seven o'clock a good time to start this ?" There were no objections noted. Chairperson Lacey confirmed, Seven o'clock it will be. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING — FEBRUARY 25, 2010 PAGE 22 OF 22 NEXT MEETING: Thursday, March 4, 2010 - 7:00 P.M. Chairperson Lacey adjourned the Meeting at 9:47 p.m. RESPECTFULLY SUBMITTED: 08/x! liz-e 0 , 1 AN L. BR WN Y EPUTY CITY CLERK NOTE: These Minutes were approved at the March 4, 2010 Winter Springs Ad Hoc Charter Review Committee Meeting.