HomeMy WebLinkAbout2010 03 18 Winter Springs Ad Hoc Charter Review Committee Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING
MARCH 18, 2010
I. CALL TO ORDER
The Meeting of Thursday, March 18, 2010 of the Winter Springs Ad Hoc Charter Review
Committee was called to Order at 7:00 p.m. by Chairperson Charles Lacey 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, present
Committee Member George Acha, present
Committee Member Pamela Carroll, present
Committee Member Steve Glazier, present
Committee Member Beth King, present
Committee Member George Markward, present
Committee Member Bill Poe, present
Committee Member John Ryser, present
Committee Member Helga Schwarz, present
Committee Member Sandy Traeger, absent
A moment of silence preceded the Pledge of Allegiance.
II. CONSENT AGENDA
CONSENT
Office Of The City Clerk
Requesting Approval Of the March 4, 2010 Meeting Minutes.
Chairperson Lacey stated, "Approval of the March 4, 2010 Minutes."
"MOTION TO APPROVE — AS CIRCULATED." MOTION BY COMMITTEE
MEMBER POE. SECONDED BY COMMITTEE MEMBER CARROLL.
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING MARCH 18, 2010
PAGE 2 OF 15
VOTE:
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER MARKWARD: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
VICE CHAIRPERSON FREEMAN: AYE
COMMITTEE MEMBER RYSER: AYE
MOTION CARRIED.
III. GENERAL PUBLIC INPUT
No one spoke.
IV. OLD BUSINESS
Discuss Sections 4.05. And 4.15., City Charter, And /Or Any Other Discussion Items
Suggested By The Winter Springs Ad Hoc Charter Review Committee.
Chairperson Lacey presented this Agenda Item and under Section 4.05. stated, "For the
succession of the Mayor, in case he should leave office prematurely, my comments last
time were that — the automatic succession of the Deputy Mayor to the Mayor's job was
not necessarily appropriate and I thought it would be a better process if the Commission
would take that under advisement and make an independent decision."
Discussion ensued on the Mayor and Deputy Mayor positions.
City Attorney Anthony A. Garganese stated, "I agree that the City Commission has the
power to Appoint and un- Appoint a Deputy Mayor." Continuing, Attorney Garganese
added, "If the vacancy occurs immediately upon death, then the way the Charter reads, `If
a vacancy occurs shall become Mayor'."
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING- MARCH 18, 2010
PAGE 3 OF 15
"I WOULD LIKE TO MAKE A MOTION THAT WE AMEND ARTICLE IV.
Section 4.05. Mayor, THE SENTENCE THAT SAYS, `THE CITY SHALL ELECT
FROM AMONG ITS MEMBERS A DEPUTY MAYOR WHO SHALL ACT AS
MAYOR DURING THE ABSENCE OR DISABILITY OF THE MAYOR AND IF
A VACANCY OCCURS, SHALL BECOME MAYOR UPON CONFIRMATION
BY THE DEPUTY MAYOR AND THE COMMISSION FOR THE REMAINDER
OF THE UNEXPIRED TERM OF THE MAYOR." MOTION BY COMMITTEE
MEMBER SCHWARZ. CHAIRPERSON LACEY ASKED, "THE LANGUAGE
`SHALL' STAYS THE SAME, BUT WE INSERT IN THERE, `UPON
CONFIRMATION BY THE DEPUTY MAYOR AND THE COMMISSION."
SECONDED BY COMMITTEE MEMBER POE. DISCUSSION.
ATTORNEY GARGANESE STATED, "IF YOU WANT TO GIVE THE
COMMISSION THE DISCRETION TO APPOINT SOMEBODY TO BE THE
DEPUTY MAYOR IF THERE IS A VACANCY, THEN PERHAPS THAT IS THE
WAY TO ADDRESS IT. IF A VACANCY OCCURS, THEN THE COMMISSION
WILL APPOINT EITHER THE DEPUTY MAYOR OR ONE OF THE OTHER
MEMBERS TO SERVE UNTIL THE VACANCY IS FILLED AND THEN WHEN
YOU GET TO (Section) 4.08. YOU NEED TO REALLY TAKE A GOOD LOOK
AT (c). BECAUSE IT FAILS TO ADDRESS FILLING THE VACANCY OF
MAYOR." DISCUSSION.
VICE CHAIRPERSON FREEMAN ASKED, "CALL THE QUESTION ON THE
MOTION." CHAIRPERSON LACEY REPLIED, "IF WE CALL THE
QUESTION, WE HAVE TO HAVE A VOTE ON THE CALL THE QUESTION.
CAN WE JUST VOTE INSTEAD ?" VICE CHAIRPERSON FREEMAN
REPLIED, "IT IS ALRIGHT WITH ME." NO OTHER OBJECTIONS WERE
VOICED.
COMMITTEE MEMBER SCHWARZ RESTATED THE MOTION AS, "I MAKE
A MOTION TO AMEND ARTICLE IV. Section 4.05. Mayor., THE SENTENCE
THAT THE CITY COMMISSION SHALL ELECT FROM AMONG ITS
MEMBERS A DEPUTY MAYOR WHO SHALL ACT AS MAYOR DURING THE
ABSENCE OR DISABILITY OF THE MAYOR AND IF A VACANCY OCCURS,
SHALL BECOME MAYOR UPON CONFIRMATION BY THE DEPUTY
MAYOR AND THE COMMISSION FOR THE REMAINDER OF THE
UNEXPIRED TERM OF THE MAYOR."
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH 18, 2010
PAGE 4 OF 15
VOTE:
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER MARKWARD: NAY
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER CARROLL: NAY
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: NAY
VICE CHAIRPERSON FREEMAN: NAY
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: NAY
MOTION FAILED.
"I MOVE THAT WE AMEND Section 4.05. TO REFLECT THE FACT THAT
THE POSITION OF MAYOR SHALL BE FILLED IN THE SAME MANNER AS
ANY VACANT POSITION ON THE CITY COMMISSION." MOTION BY VICE
CHAIRPERSON FREEMAN. SECONDED BY COMMITTEE MEMBER
CARROLL. DISCUSSION.
ATTORNEY GARGANESE COMMENTED, "YOU MAY WANT TO DO A
SPECIFIC CROSS REFERENCE - AS MENTIONED TO Section 4.08. OF THE
CHARTER; ADD THAT TO THE LANGUAGE."
CHAIRPERSON LACEY ASKED, "IS THERE ANY OBJECTION TO ADDING
TO THE LANGUAGE OF REFERENCING (Section) 4.08. IF THERE 1S NO
OBJECTION, THE MOTION WILL STAND AMENDED." THERE WERE NO
OBJECTIONS.
CLARIFYING THE MOTION, CHAIRPERSON LACEY STATED, "THE
MOTION IS TO AMEND 4.05. TO GIVE THE COMMISSION THE ABILITY TO
CHOOSE A MAYOR IF A VACANCY OCCURS UNDER THE SAME TERMS
AS APPLIED IN (Section) 4.08."
VOTE:
COMMITTEE MEMBER MARKWARD: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
VICE CHAIRPERSON FREEMAN: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING MARCH 18, 2010
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Section 4.15. was discussed next.
Chairperson Lacey referenced Committee Member George Markward's comments that
were previously submitted in writing.
Committee Member Markward referenced the Model City Charter 8 Edition and spoke
of Emergency Ordinances.
"I WILL MAKE A MOTION TO ADOPT THE LAST PARAGRAPH OF THE
MODEL CITY CHARTER 8" EDITION STARTING WITH, `EVERY
EMERGENCY ORDINANCE EXCEPT ONE MADE PURSUANT' TO BECOME
SECTION 4.15., (d) — PAGE 26 (ARTICLES I. — IV.) TO ACCEPT THAT AS
WRITTEN." MOTION BY COMMITTEE MEMBER MARKWARD.
SECONDED BY COMMITTEE MEMBER CARROLL. DISCUSSION.
CHAIRPERSON LACEY ASKED ATTORNEY GARGANESE, "DO YOU KNOW
WHAT IS REFERRED TO IN THE MODEL CHARTER LANGUAGE ?"
ATTORNEY GARGANESE REPLIED, "(Section) 5.07. OF THE MODEL
CHARTER TALKS ABOUT SUPPLEMENTAL APPROPRIATIONS,
EMERGENCY APPROPRIATIONS, (b) EMERGENCY APPROPRIATIONS
EXCEPT ONE MADE PURSUANT TO (Section) 5.07. (b) WOULD BE
EMERGENCY APPROPRIATIONS."
NEXT, CHAIRPERSON LACEY NOTED, "TO MAKE IT CONCISE AND SELF
CONTAINED, SHOULD WE REMOVE THE LANGUAGE EXCEPT ONE MADE
TO PURSUANT TO PARAGRAPH 5.07 (b) AND SAY, `EXCEPT ONE THAT
PERTAINS TO EMERGENCY SUPPLEMENTAL APPROPRIATIONS' ?"
ATTORNEY GARGANESE SAID, "ONCE YOU MAKE AN EMERGENCY
APPROPRIATION, IT IS FOR EXPENDING DOLLARS; SO ONCE YOU
APPROPRIATE, THE DOLLARS ARE EXPENDED, IT IS KIND OF HARD TO
TAKE IT BACK SIXTY (60) DAYS LATER; IT EXPIRES. I THINK THAT WAS
THE RATIONALE BEHIND THAT. IT IS KIND OF HARD TO REPEAL AN
APPROPRIATION WHEN THE MONEY IS EXPENDED."
CHAIRPERSON LACEY ASKED COMMITTEE MEMBER MARKWARD,
"WOULD YOU JUST LIKE TO STRIKE THAT CLAUSE ?" COMMITTEE
MEMBER MARKWARD REPLIED, "YES, I WOULD." CHAIRPERSON
LACEY STATED, "IF THERE IS NO OBJECTION, THE MOTION WILL
STAND AMENDED TO READ, `EVERY EMERGENCY ORDINANCE SHALL
AUTOMATICALLY STAND REPEALED', ETC. TO THE END OF THE
SECOND SENTENCE IN THAT PARAGRAPH."
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMIT
MEETING MARCH 18 2010
PAGE 6 OF 15
FOR CLARIFICATION, CHAIRPERSON LACEY ASKED ATTORNEY
GARGANESE, "DOES OUR CHARTER SPECIFY PROCEDURES FOR
ENACTING AN EMERGENCY ORDINANCE ?"
ATTORNEY GARGANESE RESPONDED, "I DON'T THINK SO, BECAUSE IT
IS — COVERED IN THE FLORIDA STATUTES. TWO /THIRDS (2/3) VOTE OF
THE CITY COMMISSION IF THERE IS TRULY AN EMERGENCY. AN
EMERGENCY ORDINANCE CAN BE ADOPTED, IT IS IN EFFECT, JUST
LIKE ANY OTHER LAW. THERE IS NO SUNSET PROVISION BY GENERAL
LAW. THERE IS NO SUNSET PROVISION IN THE CITY CHARTER.
ONE OF THE MAJOR THINGS ABOUT AN EMERGENCY ORDINANCE IS
ONE (1) IT HAS TO BE AN EMERGENCY AND TWO (2) - THE COMMISSION
DOES NOT HAVE TO FOLLOW THE STANDARD NOTICE PROVISIONS.
THEY CAN IMMEDIATELY ADOPT IT AS LONG AS IT IS STYLED LIKE AN
ORDINANCE. NO PUBLIC NOTICE; NO PUBLIC HEARING; THEY JUST
ADOPT IT."
ATTORNEY GARGANESE THEN ADDED, "IF YOU PUT A SUNSET IN THE
CHARTER, THEN THE ORDINANCE WILL ONLY HAVE AN EFFECT FOR A
CERTAIN PERIOD OF TIME — IT WOULD BE AUTOMATICALLY
REPEALED AT THE EXPIRATION OF THAT TIME PERIOD. IT DOESN'T
PREVENT THE CITY COMMISSION FROM THEN ADOPTING THE
ORDINANCE IN THE STANDARD COURSE AND GO THROUGH THE
PUBLIC NOTICE REQUIREMENTS OR PERHAPS REENACT THE
EMERGENCY ORDINANCE AGAIN IF SAY, SIXTY (60) DAYS IS NOT
ENOUGH TIME."
CHAIRPERSON LACEY STATED, "THE MOTION IS TO ADD A PARAGRAPH
(d) TO (Section) 4.15. THAT INCORPORATES THE LANGUAGE FROM THE
MODEL CHARTER THAT SAYS, `EVERY EMERGENCY ORDINANCE
SHALL AUTOMATICALLY STAND REPEALED' AND CONTINUES TO THE
REST OF THE LANGUAGE ON THAT PAGE."
VOTE:
COMMITTEE MEMBER SCHWARZ: NAY
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: NAY
VICE CHAIRPERSON FREEMAN: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER MARKWARD: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING MARCH 18, 2010
PAGE 7 OF 15
Chairperson Lacey asked the Committee Members, "If there is no objection, can we turn
to 4.08. and make sure that we have that cleaned up ?" There were no objections voiced.
Continuing, Chairperson Lacey stated, "Previously, we Voted unanimously to require
that a vacancy be held within the space of two (2) general Meetings and that it be held at
the next regular Election. But, as it was pointed out in our earlier discussion, this only
applies only to a Commission Member's Seat and now we are referring to the same
language for the Mayor — at the very least, we need to include in this language the
`Mayor.' and then the other modifications that pleases the Committee."
"SO MOVED." MOTION BY VICE CHAIRPERSON FREEMAN. SECONDED
BY COMMITTEE MEMBER SCHWARZ. DISCUSSION.
VOTE:
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: 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.
V. NEW BUSINESS
Review Of ARTICLE I. Through XIII., City Charter, And /Or Any Other
Discussion Items Suggested By The Winter Springs Ad Hoc Charter Review
Committee.
Chairperson Lacey asked, "Is there anything else in IV. that the Committee should be
looking at ?" There were no further comments.
Discussion ensued on ARTICLE V.
Next, Chairperson Lacey noted, "In our instructions from the Commission, they did not
include an item that I recall being discussed at the Commission. I think we implicitly
covered this by lack of action at one of our Meetings, but I think because it was discussed
by the Commission, it would do us well to go ahead and take a Recorded Vote on the
following issue that, if you look at ARTICLE III. -- the City Manager on page 4, where it
talks about the removal process, it goes through a more detailed process.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH I R. 2010
PAGE R OF 15
It calls for a suspension of the City Manager if you wish to remove him and then a formal
Hearing process to finally remove the Manager." Chairperson Lacey asked, "Any
discussion on that point ?"
Vice Chairperson Freeman replied, "Let's move on to the next item on the Agenda."
There were no other objections.
"I MOVE THAT WE AMEND ARTICLE V. OF THE WINTER SPRINGS CITY
CHARTER TO READ IN THE FOLLOWING MANNER...
Tape 1/Side B
...`THE CITY MANAGER SHALL BE THE CHIEF ADMINISTRATIVE
OFFICER OF THE CITY SUBJECT TO THE DUTIES AND
RESPONSIBILITIES AS SET FORTH BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS'." MOTION BY VICE CHAIRPERSON
FREEMAN.
CHAIRPERSON LACEY ASKED, "ALL THE REST IN 5.03..." VICE
CHAIRPERSON FREEMAN REMARKED, "...NOTHING ELSE WILL EXIST
IN 5.03." SECONDED BY COMMITTEE MEMBER CARROLL. DISCUSSION.
DISCUSSION ENSUED ON THE DUTIES OF THE CITY MANAGER.
ATTORNEY GARGANESE EXPLAINED, "THE DUTIES OF THE CITY
MANAGER ARE THE DUTIES THAT ARE SET FORTH IN THE CHARTER
AND THOSE ADDITIONAL DUTIES THAT ARE DIRECTED BY THE CITY
COMMISSION. THERE ARE SOME MINOR STATUTORY PROVISIONS
WHERE THE MANAGER COMES INTO PLAY AS THE CHIEF EXECUTIVE
OFFICER. THE CHARTER SERVES AS A BARRIER AS WELL IN SOME
RESPECTS AND WHERE THE COMMISSION DOESN'T CLEARLY, AND THE
WAY THE CHARTER READS NOW, HAVE THE AUTHORITY TO HIRE AND
FIRE CITY EMPLOYEES, THOSE DECISIONS ARE MADE BY THE
MANAGER BY CHARTER."
FURTHER DISCUSSION.
CHAIRPERSON LACEY STATED, "I WAS -- PERSUADED BY THE INITIAL
ARGUMENTS TO MAKE IT SHORT AND SIMPLE AND HAVE IT UNDER
THE DISCRETION OF THE COMMISSION. I ACTUALLY DO NOT LIKE
PUTTING IT IN THE CONTRACT BECAUSE THEN YOU ARE MAKING THE
CITY MANAGER A PARTY TO THAT WHERE THEN, HE IS GRANTED
CERTAIN RIGHTS FOR AS LONG AS THAT CONTRACT EXISTS AND
WOULD TAKE AWAY THE POWER OF THE CITY COMMISSION TO
MANAGE THE MANAGER."
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING MARCH IS, 2010
PAGE 9 OF 15
COMMITTEE MEMBER CARROLL STATED, "IF WE CHANGE IT TO
SOMETHING LIKE, `THE CITY MANAGER WILL PERFORM ALL DUTIES
AND RESPONSIBILITIES AS SPECIFIED IN HIS OR HER JOB DESCRIPTION
WITH THE CITY OR AS MAY BE REQUIRED BY THE COMMISSION',
THAT GIVES THEM THE FLEXIBILITY."
COMMITTEE MEMBER SCHWARZ ADDED, "I THINK THAT COVERS IT."
VICE CHAIRPERSON FREEMAN SAID, "THEN I WILL WITHDRAW MY
MOTION." CHAIRPERSON LACEY REPLIED, "WE WILL JUST LET YOUR
MOTION STAND AMENDED, IF THAT IS WITHOUT OBJECTION ?" VICE
CHAIRPERSON FREEMAN REPLIED, "WITHOUT OBJECTION."
CHAIRPERSON LACEY ASKED COMMITTEE MEMBER CARROLL TO
READ IT AGAIN. COMMITTEE MEMBER CARROLL COMMENTED, "THE
CITY MANAGER WILL PERFORM ALL DUTIES AND RESPONSIBILITIES
AS SPECIFIED IN HIS OR HER JOB DESCRIPTION WITH THE CITY OR AS
MAY BE REQUIRED BY THE COMMISSION."
CHAIRPERSON LACEY STATED, "THE MOTION HAD ALREADY BEEN
MADE BY VICE CHAIRPERSON FREEMAN, SECONDED BY COMMITTEE
MEMBER CARROLL AND STANDS AMENDED BY UNANIMOUS CONSENT."
NEXT, CHAIRPERSON LACEY NOTED, "AND ALL SUBSEQUENT
LANGUAGE FROM 5.03. IS STRUCK." DISCUSSION.
ATTORNEY GARGANESE ADDED, "TO BRING TO THE COMMITTEE'S
ATTENTION, THAT THERE ARE CERTAIN GOVERNANCE ISSUES THAT
ARE EMBEDDED IN SECTION 5.03. FOR EXAMPLE, THE MANAGER 1S
REQUIRED TO APPOINT ALL CITY EMPLOYEES UNLESS OTHERWISE
PROVIDED BY LAW OR CHARTER. THE MANAGER CANNOT VOTE."
CONTINUING, ATTORNEY GARGANESE ADDED, "THERE ARE
GOVERNANCE ISSUES THAT YOU MAY WANT TO ADDRESS AS WELL."
COMMITTEE MEMBER SCHWARZ STATED, "AMEND PAM'S (CARROLL)
MOTION TO JUST REFERENCE - `BY THE CITY COMMISSION OR THE
CHARTER'..." CHAIRPERSON LACEY ADDED, "...SUBJECT TO THE
CHARTER. DON'T YOU THINK THAT IS IMPLICIT ?" VICE CHAIRPERSON
FREEMAN REPLIED, "ABSOLUTELY."
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING MARCH 18, 2010
PAGE 10 OF 15
VOTE:
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: 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.
Next, Attorney Garganese stated, "That section on interference with Administration was
actually in 4.07. (c). — that is the provision that states that the Mayor and the City
Commission shall not give orders to city officers or employees who are subject to the
direction and supervision of the city manager. That paragraph doesn't address who has
the right to hire and fire City employees."
"I MOVE THAT WE REMOVE FROM THE CITY CHARTER THAT
PROVISION." MOTION BY VICE CHAIRPERSON FREEMAN.
CHAIRPERSON LACEY ASKED, "CAN YOU BE MORE SPECIFIC — 4.07. (c) ?"
VICE CHAIRPERSON FREEMAN ADDED, "THE ELECTED
REPRESENTATIVES COULDN'T INTERFACE WITH THE EMPLOYEES OF
THE CITY."
ATTORNEY GARGANESE STATED, "IT GOES ON TO SAY THAT THE
MAYOR AND THE COMMISSION MEMBERS ARE NOT PROHIBITED FROM
COMMUNICATING WITH THE VARIOUS OFFICERS AND EMPLOYEES OF
THE CITY AS IN THE CASE OF ANY OTHER CITIZEN. IT JUST SAYS THAT
THEY CANNOT INTERFERE WITH THE DUTIES OF CITY EMPLOYEES
WHO ARE UNDER THE SUPERVISION OF THE MANAGER."
VICE CHAIRPERSON FREEMAN REPLIED, "I WANT TO REPEAL THAT."
WITH DISCUSSION, CHAIRPERSON LACEY ASKED THE BOARD
MEMBERS, "IS THERE A SECOND TO THE MOTION TO DELETE SECTION
(c) FROM 4.07. ?"
MOTION DIED FOR LACK OF A SECOND.
Next, Attorney Garganese stated, "That section does not address who hires and fires
employees. I understand the more streamlined job description, but the Charter is silent if
that provision gets into the Charter as to who hires and fires employees and I think that
needs to be addressed in the Charter." Vice Chairperson Tom Freeman asked, "Why."
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH 18, 2010
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Continuing, Attorney Garganese commented, `Because, then it is an open question
whether the City Commission or the City Manager hires and fires your day to day
employees. I understand it could be delegated in a job description as I understand the
proposed change to the Charter, but it doesn't provide a clear line of governance of hiring
and firing City employees. You may choose, Mr. Freeman to leave it silent. That is
perfectly within the prerogative of the Board but it is an issue and I want to make sure
that you consider it."
"I WOULD LIKE TO MAKE A MOTION THAT THIS COMMITTEE MAKE A
RECOMMENDATION TO THE CITY COMMISSION THAT THEY ADDRESS
IN THE JOB DESCRIPTION OF THE CITY MANAGER WHO HAS THE
AUTHORITY TO HIRE AND FIRE EMPLOYEES." MOTION BY
COMMITTEE MEMBER GLAZIER. SECONDED BY VICE CHAIRPERSON
FREEMAN. DISCUSSION.
CHAIRPERSON LACEY ASKED ATTORNEY GARGANESE, "DOES THAT
SATISFY YOUR CONCERN ?" ATTORNEY GARGANESE REPLIED, "I JUST
WANT TO MAKE SURE THAT THE COMMITTEE ADDRESSES THE ISSUE."
VOTE:
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: 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 CARROLL: AYE
MOTION CARRIED.
ARTICLE V. was further addressed, and specific discussion followed on Section 5.04.
"I MAKE A MOTION TO INSERT THE WORD `QUALIFIED' IN THE LAST
SENTENCE IN REGARD TO THE APPOINTMENT OF ANOTHER OFFICER
OF THE CITY." MOTION BY COMMITTEE MEMBER SCHWARZ.
CHAIRPERSON LACEY NOTED, "BETWEEN `ANOTHER' AND `OFFICER'
WE PUT `QUALIFIED'." SECONDED BY COMMITTEE MEMBER
CARROLL. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEE'T'ING MARCH 18, 2010
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VOTE:
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER MARKWARD: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
VICE CHAIRPERSON FREEMAN: AYE
COMMITTEE MEMBER RYSER: AYE
MOTION CARRIED.
Next, discussion ensued on ARTICLE VI.
Chairperson Lacey referred to a letter previously submitted by Mr. Tom Binford and
commented, "We have addressed Mr. Binford's point."
Discussion ensued on Section 6.02. City attorney.
Attorney Garganese explained, "A City Attorney cannot act as Code Enforcement Board
Attorney and be Prosecutor at the same time and in addition, in collective bargaining
labor issues, the City Attorney typically represents the City Commission in the event
there is any impasse issues; so there is separate Counsel that is appointed for those day -
to-day collective bargaining issues."
Referring to Section 6.02. City attorney. (a) - last sentence, Committee Member Helga
Schwarz asked, "Could we just strike the word `all' out of that sentence ?" Attorney
Garganese replied, "I don't see a problem with that at all."
"I MAKE A MOTION IN ARTICLE VI. SECTION 6.02. (City Attorney).
SECTION (a) THE LAST SENTENCE TO STRIKE THE WORD `all'." MOTION
BY COMMITTEE MEMBER SCHWARZ. SECONDED BY COMMITTEE
MEMBER RYSER. DISCUSSION.
CHAIRPERSON LACEY STATED, "THE MOTION IS TO STRIKE `all' FROM
THE FOURTH LINE OF (a) - 6.02."
CITY OF WINTER SPRINGS, FLORIDA
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WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING MARCH 18, 2010
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VOTE:
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER MARKWARD: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER CARROLL: NAY
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
VICE CHAIRPERSON FREEMAN: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
MOTION CARRIED.
Next, Chairperson Lacey asked the Board Members, "Is there anything else up to and
including ARTICLE VI. ?" There were no other comments.
Tape 2 /Side A
ARTICLE VII. was discussed next. The Committee noted an interest in hearing form the
City Manager on Budget matters.
City Manager Kevin L. Smith addressed the Committee Members on the Budget.
Discussion ensued on Section 7.04. Capital Program.
Chairperson Lacey asked Committee Member Schwarz, "You suggest that an item (6)
that says, `Report to the Commission on the status of capital funding and projects'."
"A REVIEW OF THE CAPITAL EXPENDITURES MADE FOR THAT YEAR
ACCORDING TO THE PLAN." MOTION BY COMMITTEE MEMBER
SCHWARZ. SECONDED BY COMMITTEE MEMBER RYSER. DISCUSSION.
COMMITTEE MEMBER SCHWARZ STATED, "I WILL RESCIND MY
MOTION."
"I MAKE A MOTION THAT THE LAST PARAGRAPH OF CAPITAL
PROGRAM. 7.04. SAYS THAT THE ABOVE SHALL BE REVIEWED, REVISED
AND EXTENDED EACH YEAR WITH REGARD TO CAPITAL
IMPROVEMENTS STILL PENDING OR IN THE PROCESS OF
CONSTRUCTION." MOTION BY COMMITTEE MEMBER SCHWARZ.
CHAIRPERSON LACEY ASKED, "IS THERE ANY OBJECTION TO
CHANGING THE MOTION TO INSERT `REVIEWED' IN THE LAST
SENTENCE OF 7.04. BETWEEN `be' AND `revised'? IF THERE IS NO
OBJECTION, THE MOTION WILL STAND AMENDED."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING MARCH 18, 2010
PAGE 14 OF 15
ATTORNEY GARGANESE STATED, "IT HAS GOT TO BE REVIEWED. I'VE
WITNESSED COUNTLESS AGENDA ITEMS WHERE THE MATTER GETS
BROUGHT TO THE COMMISSION."
NEXT, COMMITTEE MEMBER SCHWARZ STATED, "I RESCIND MY
MOTION."
CHAIRPERSON LACEY THEN ASKED, "IS THERE OBJECTION TO
RESCINDING THE MOTION ?" THERE WERE NO OBJECTIONS VOICED.
Continuing, Chairperson Lacey introduced ARTICLE VII. FINANCIAL PROCEDURE
and on page 11, (d) and stated, "This was the task from the City Commission for us to
look at whether we wanted to put in the Charter a specific — to establish specific
guidelines for transfers."
Attorney Garganese stated, "As you know, the City Commission Adopts the Budget and
appropriates money and then during the course of the year or at the end of the year, there
needs to be transfers of those appropriated dollars and there was some discussion at the
Commission level that this provision allows the Manager to transfer part or all of any
unencumbered appropriation balance among programs within a specific Department,
Office, or Agency and the Charter gives the Manager that authority without any
limitations. So, the Commission wanted you to look at whether or not there should be
some other additional language there that says, `Based on guidelines provided by the
Commission'."
Discussion.
"I MOVE THAT WE ADD `SUBJECT TO THE DIRECTION FROM THE CITY
COMMISSION'." MOTION BY VICE CHAIRPERSON FREEMAN.
SECONDED BY COMMITTEE MEMBER MARKWARD. DISCUSSION.
CHAIRPERSON LACEY STATED, "TO INSERT THE LANGUAGE `SUBJECT
TO THE DIRECTION FROM THE CITY COMMISSION' PERTAINING TO
TRANSFERS BETWEEN DEPARTMENTS, OFFICE, OR AGENCIES..."
ATTORNEY GARGANESE ADDED, "...WITHIN DEPARTMENTS, OFFICES,
OR AGENCIES."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING — MARCH 18, 2010
PAGE 15 OF 15
VOTE:
COMMITTEE MEMBER MARKWARD: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER CARROLL: NAY
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
VICE CHAIRPERSON FREEMAN: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
MOTION CARRIED.
Next, Chairperson Lacey began with ARTICLE VIII. NOMINATIONS AND
ELECTIONS and first referred to Section 8.01. Discussion.
Vice Chairperson Freeman said for the Record that he was not at the last Meeting when
the Committee discussed reducing the number of Commissioners from five (5) to four
(4). Continuing, Vice Chairperson Freeman noted, "I am going to make it a
recommendation as a Minority Report to the Commission." Additionally, Chairperson
Lacey said, "When that was Voted upon, according to my notes, it passed nine (9) — zero
(0), so, you are entitled to bring a Minority Report forward." Committee Member
Schwarz commented, "We had a second option to keep it status quo."
VI. GENERAL PUBLIC INPUT
No one spoke.
VII. ADJOURNMENT
Chairman Lacey adjourned the Meeting at 8.53 p.m.
NEXT MEETING: Thursday, April 1, 2010 - 7:00 P.M.
RESPECTFULLY SUBMITTED.
1 11/14 OX 4 4
/ J AN L. BROWN
EPUTY CITY CLERK
NOTE: These Minutes were approved at the April 1, 2010 Winter Springs Ad Hoc Charter Review Committee Meeting.