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HomeMy WebLinkAbout_2001 06 18 City Commission Workshop Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP JUNE 18,2001 I. CALL TO ORDER The Workshop of Monday, June 18,2001 of the City Commission was called to order by Deputy Mayor David W. McLeod at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, absent Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:44 p.m. II. WORKSHOP AGENDA Review Final Charter Recommendations Deputy Mayor McLeod introduced the City's Consultant, Mr. James V. Burgess. Discussion ensued. ARTICLE XIII TRANSITIONAL PROVISIONS Section 13.04. First Elections under Charter Mr. Burgess advised the Commission that on the Red Line version of page sixteen (16), that "I think we need to go back and add in, under that first election language, subparagraph (a), the word 'mayor.'" Mr. Burgess suggested that the wording would read, 'For the purpose of electing persons to fill the offices of the mayor and the two (2) commissioners' and 'On the last sentence, it says the mayor and the two (2) commissioners... '" CITY OF WINTER SPRINGS MINUTES CITY COl\IMISSION WORKSHOP-JUNE 18,2001 PAGE20F9 Further discussion ensued on this same page, under Section 13.04. of what the wording should be regarding election days. Deputy Mayor McLeod asked, "Shouldn't 8.01. then be with 'Florida Gubernatorial and/or United States Presidential Election?'" Mr. Burgess said, "It wouldn't hurt to include 'and/or.'" Commissioner Michael S. Blake stated, "In 8.01., perhaps if we clarify that language even further to state that 'On the date of the Florida Gubernatorial Election, then it would be seats two (2), four (4), and the mayor; and on dates of the United States Presidential Election, it would be seats one (1), three (3), and five (5)." Discussion. City Attorney Anthony A. Garganese arrived at 6:44 p.m. Deputy Mayor McLeod stated, "Let the record indicate that the Attorney is here." ARTICLE IV MAYOR AND CITY COMMISSION Section 4.05. Mayor. Mr. Burgess then reviewed with Attorney Garganese the most recent comments and stated, "On page four (4) of the Red Line version, where it says at each regular election, insert the phrase after the word election, put 'The office of mayor,' and that's to clarify the regular election for the office of mayor." ARTICLE XIII TRANSITIONAL PROVISIONS Section 13.04. First Elections under Charter Mr. Burgess continued, "Then on page sixteen (16), I left out the mayor under this transitional provision - in paragraph (a), the first sentence, '... The mayor and the two (2) commissioners; and then where it says, 'This first election shall be held on the first Tuesday,' change that to read, 'This first election shall be held as provided - held at the time as provided in Section 8.01;' then we'll go back and reference 8.01. which ties you back to the Gubernatorial and Presidential Elections. Then add the word, 'The mayor and the two (2) commissioners...' Put the words 'The mayor" at the beginning of the last sentence. Then in the paragraph (b), we need to again change that 'Said election shall be held at the time as provided. ", CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - JUNE 18,2001 PAGE 3 OF 9 ARTICLE VIII NOMINATIONS AND ELECTIONS Section 8.01. The city elections. Mr. Burgess spoke about page twelve (12) and explained that "We'll re-write this Section here to say that 'The regular city election for electing the mayor and - commission members from seats two (2) and four (4) shall coincide with the Florida Gubernatorial Election,' and then add another sentence, 'The regular election for electing commission members from seats one (1), three (3), and five (5) shall coincide with United States Presidential Election years. '" ARTICLE IV MAYOR AND CITY COMMISSION Section 4.01. Composition; qualification of members; and commission districts. Under Section 4.01., there was discussion on possibly using the name "Governing body." Commissioner Blake suggested that this wording "Gives a clearer division. It cmswers the question, 'Is the mayor a member of the commission or not." Attorney Garganese clarified that - "Your point would be, the governing body would be the mayor and the city commission, correct, and that the mayor and the city commission have different powers under the Charter." Attorney Garganese then spoke about various references in the Florida Statutes regarding the term "Governing body." Commissioner Edward Martinez, Jr. asked, "Can you research this here and give him some feedback?" Attorney Garganese said, "Commissioner Blake's idea is a good one, because its definitely within the parameters of your Charter - clarifies the distinction, so I would just go with that for now, and let me just look at it." Deputy Mayor McLeod suggested the wording of "There shall be a mayor and a city commission, the commission composed of five (5) commission members." Attorney Garganese said, "I think that does it as well." Mr. Ronald W. McLemore, City Manager mentioned the use of the term 'Governing structure. '" Brief discussion. Attorney Garganese then suggested "Why don't we leave it as Commissioner Blake has recommended, if the rest of the Commission agrees and if it presents a problem, I'll certainly bring it to your attention." Further discussion ensued on the proposed wording and Mr. Burgess suggested, "There shall be a governing body - composed of.. ." The consensus of the Commission was that they agreed with this. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - JUNE 18,2001 PAGE 4 OF 9 ARTICLE IV MAYOR AND CITY COMMISSION Section 4.02. Commission districts; adjustment of districts. Discussion followed on the growth rate and districting. Deputy Mayor McLeod then asked the rest of the Commission if they were in agreement to leave this Section as is. This was agreed to. Section 4.03. Election and terms. Term limits; consecutive terms; and moving to a different district was discussed under this Section. Commissioner Blake asked Attorney Garganese, "With the new term limits that we have for the Florida - house, are you aware of how the provision works if the representative were termed out and moved to a different district. Would they be able to run again?" Discussion. Attorney Garganese suggested the wording, "Commission members shall be limited to three (3) consecutive full terms of office regardless of seat or whether they hold the office of mayor - or you can leave it to the voters." Mr. Burgess suggested that a proviso be added to the end of this sentence and said, "Put a semicolon after the word terms of office; provided however the limitation herein shall not prohibit a person who has served three (3) full terms as mayor, running for a commission seat or - limit a commissioner who has served three (3) full terms as a commissioner running for an office." Discussion. Deputy Mayor McLeod clarified the opInIOns of the Commission and said to Mr. Burgess, "Go forward with adding the language that a mayor can run for commissioner; a commissioner can run for mayor at the expiration of their three (3) year term, or any time prior to that also." Deputy Mayor McLeod asked for a consensus of the Commission who advised him that they were not in favor of a "Termed" commissioner being able to move to another district and then re-run. Tape 1/Side B Attorney Garganese agreed that this Section needed clarifying. Mr. Burgess agaIn mentioned adding a proviso. Commissioner Robert S. Miller stated, "I'm not in favor of a commissioner running for another commissioner's seat unless they have that one (1) year - I would support putting in the 'mayor' though so that we can - if a commissioner wants to run for the mayor's seat or the mayor wants to run for the commissioner's seat, the clock starts running again, - and there is no exclusion, so if - the mayor having reached the end of his third term, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - JUNE 18,2001 PAGE 5 OF 9 wants to run for a commission seat, he can do so immediately without having to wait one (1) year, and vice versa." Section 4.05. Mayor. Discussion followed on what if no one ran for the office of mayor; and the related "vacancy" provision. Attorney Garganese suggested the wording, "Shall serve until the term has expired, or his successor is elected or qualified - or appointed." Further discussion followed. Commissioner Blake stated that he was adamant about this matter and said, "The correct language ought to be 'shall serve - for a term of four (4) years.'" Mr. Burgess felt that this was potentially more vague. Commissioner Blake clarified that "It's not necessarily a term of four (4) years but it is a four (4) year term which is a specific definition of time; a four (4) year term, and the office holds with it a specific definition of time that is enumerated elsewhere in the Charter that states that it's from the first Monday in December on the year of which there is a Gubernatorial election in Florida until- in other words, that four (4) year time is defined elsewhere in the Charter, and it is a very specific four (4) year time frame." Mr. Burgess then suggested that the "Four (4) year" terminology be added. Deputy Mayor McLeod asked Attorney Garganese for the language that he previously suggested, which Attorney Garganese said should be "Shall serve until the term expires - or a successor is elected and qualified." Attorney Garganese then suggested, "Until his successor is appointed - or elected." Further discussion followed on "Beyond the time frame." Commissioner Blake stated that "My concern is - for the service to extend beyond the intended term." Mr. Burgess then suggested, "Why not put a proviso in - 'The term of office of the mayor shall expire - shall become vacant at the end of four (4) years' or something like that." Commissioner Blake stated, "I don't have a problem with some limiting language like that" and further clarified that "I believe this language as it is stated provides for the possibility of an individual serving for longer than a four (4) year term that they were elected for and that I have a problem with." Discussion. Commissioner Miller suggested that "However, at the end of the third term, if no one runs against us, that's where the issue comes up, for the mayor; and as Commissioner Blake said, it will come up again later on, for the commission, the individual commissioners. It seems to me the answer ought to lie very simply in the fact that the mayor or commission - cannot serve beyond the - last day of their third term, and the commission will appoint - or the issue would be resolved by the Section which refers to how we replace ourselves." Deputy Mayor McLeod agreed with this and stated, "Under 4.03., it tells you that the mayor shall be limited to three (3) consecutive full terms of office, period. So that part of this argument's already in here. 'Vacancy,' I believe is in here." Discussion. Commissioner Blake added, "This language does not dedare a vacancy. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP-JUNE 18,2001 PAGE60F9 Manager McLemore suggested, "Why don't you think of creating just another subsection, that deals specifically with that situation, for a commissioner or mayor, where no one runs to fill the seat." Mr. Burgess suggested adding "A proviso at the end of the word 'qualified.'" Commissioner Blake said, "My recommendation would be to put that language in, that proviso language as well as implementing language on 4.08..." Mr. Burgess suggested "Just say it - shall become vacant on the death or resignation - from office - or in the event no one qualifies..." Commissioner Blake added, "Qualified or elected for the office. Commissioner Blake agreed with this language. Commissioner Miller was asked if he was in agreement with the language just suggested and stated, "He is going to add after 4.08. (a) at the end, or in the event no one qualifies or is elected to the office; that's what you're going to add on. Yes that's fine." Commissioner Martinez agreed with this also. Attorney Garganese also felt that this would work. Deputy Mayor McLeod then inquired, "Does that still leave 'Until his successor is elected and qualified,' or does that go away?" Deputy Mayor McLeod was told that "It stays in." Section 4.07. Prohibitions; holding other office. Regarding this Section, Commissioner Blake asked about "Holding other office. It talks about neither the mayor or the commission members shall hold any other city office or city employment during the term of which they are elected.' Can we have clarifying language that we're discussing 'This city.'" Discussion. Mr. Burgess suggested some possible language to clarify this. Commissioner Martinez and Deputy Mayor McLeod suggested that on the last line, "After employment, it should be "Of' - "... Of the City of Winter Springs." Section 4.08. Vacancies; forfeitures of office; filling of vacancies. Commissioner Miller asked, "What constitutes a violation." Attorney Garganese spoke of "Expressed prohibition." Much discussion ensued on "Willful and deliberate" violations. Tape 2/Side A Further discussion ensued on whether this section should be considered for a Charter revision. The consensus of the Commission agreed that the revision should be induded. Further discussion followed on what words should be used. Deputy Mayor McLeod stated, "Anthony, what is the better way to write this? 'Willfully and knowingly' or just willfully?'" Attorney Garganese suggested that the words "Willfully" and "Knowingly" would be the best choices. Attorney Garganese asked, "Could I look at that issue a little bit more?" Deputy Mayor McLeod stated, "Sure." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - JUNE 18,2001 PAGE 7 OF 9 Commissioner Blake was asked if he agreed with Attorney Garganese's suggestions for this language. Commissioner Blake suggested that Attorney Garganese would know what the Commission was concerned with, and stated "Let him do his job. Bring back to us whatever he thinks is right." Attorney Garganese said that he would get with Mr. Burgess on this matter. The consensus of the Commission was that they were in agreement with this. Section 4.09. Judge of qualifications. Those in attendance discussed previous situations, and what would be the best thing for the Commission to do, in such a situation. Manager McLemore suggested, "Could you create an Ordinance that further defines this" rather than revising the Charter. Attorney Garganese added, "Your Charter should provide you with the general powers and authority and you can - further adopt laws to implement it." This was agreeable to the Commission. ARTICLE IX INITIATIVE AND REFERENDUM Section 9.02. Commencement of proceedings; petitioners' committee; affidaviit. Much discussion on the word "promptly." The City Clerk was asked to provide those on the dais with a sample of a "petition blank" and left to get the documents. Section 9.03. Petitions. Deputy Mayor McLeod said, "Under subparagraph (b), the second sentence which says, 'Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing.' "I put in there, 'And date.' Members of the Commission agreed and Attorney Garganese stated, "That would be good to put in the Charter." .:..:. AGENDA NOTE: THE DISCUSSION OF SECTION 9.02. WAS FURTHER DISCUSSED, AS DOCUMENTED. .:. .:. Section 9.02. Commencement of proceedings; petitioners' committee; affidavit. The City Clerk returned with sample of a ''petition blank. " Further discussion ensued on "promptly" and what would be the most appropriate time frame. It was agreed that "Within thirty (30) - calendar days" would be the desired time frame, and this would be added to the end of the second paragraph in Section 9.02. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - JUNE 18,2001 PAGE 8 OF 9 Section 9.04. Procedure after filing. Brief discussion followed on whether "Calendar" days should be added after "Within twenty (20). . ." The consensus of the Commission was to not pursue this addition. Section 9.06. Action on petition. Manager McLemore asked the Commission to consider changing the thirty (30) day time period to ninety (90) days. The Commission agreed to this. ARTICLE X AMENDMENTS Section 10.01. General Authority. Attorney Garganese advised the Commission about this Section and stated that there are two bodies with "The ability to amend the Charter, so the amendments to this Charter may be proposed and adopted by the legislature of the State of Florida, or by the City Commission. As you know, qualified voters also have the ability to amend the Charter through referendum, yet it doesn't state that." Attorney Garganese further added, "I believe it should include 'Or by qualified voters. ", The consensus of the Commission was that they agreed with this. The Commission then discussed whether their preference was "Question by question" or "The whole Charter review changes gets presented as all or none." With consensus of the Commission, Deputy Mayor McLeod stated that "We would look to you to prepare this to go forward in the form of 'The whole charter review changes gets presented as all or none. ", Regarding how the document should be presented, Attorney Garganese stated, "I think it needs to be presented in a Red Line and Black Line version" of the existing Charter. Discussion followed on when the revised document would be forwarded to the City Manager, and the Commission. Tape 2/Side B Mr. Burgess and Members of the Commission discussed how soon the changes would be available to Manager McLemore and the Commission. Mr. Burgess said that he would try to get them to City Hall by Wednesday of this week. With discussion, the Commission also requested that the third document should also updated. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP-JUNE 18,2001 PAGE 9 OF 9 On behalf of the City Commission, Deputy Mayor McLeod thanked Mr. Burgess for his assistance with this project. III. ADJOURNMENT Deputy Mayor McLeod adjourned the meeting at 8:54 p.m. _.'~ F ~SPECTFU/';LY/~UBMITTED: " "" ~"" 1 \ ... .'\ . ~ '- ~- -L' I''''''~ --~ J - r.- - '- ;. I . " : ~""'.."", /' ~AND~EA LO.R'~ . e~~UACES CMC ,.-~ - - ~--_ '-,.J , eri'Y CL.EKK'- ~~'.': ,,- . -;::..~ .. t~ . . ~ . '. ? 'I' -