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HomeMy WebLinkAbout2010 04 15 Consent II Requesting Approval of the April 1, 2010 Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING APRIL 1, 2010 I. CALL TO ORDER The Meeting of Thursday, April 1, 2010 of the Winter Springs Ad Hoc Charter Review CL. 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, present After a moment of silence, Boy Scout Charles Poe, Troop #196 led the Pledge of Allegiance. II. CONSENT AGENDA CONSENT Office Of The City Clerk Requesting Approval Of The March 18, 2010 Meeting Minutes. Chairperson Lacey commented, "The Consent Agenda which consists of approving the March 18, (2010) Minutes." "SO MOVED." MOTION BY COMMITTEE MEMBER SCHWARZ. SECONDED BY COMMITTEE MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - APRIL 1, 2010 PAGE 2 OF 10 VOTE: COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE PaQ COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE i•Z•4 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 Mr. Joel Busher, 413 Holly Court, Winter Springs, Florida: addressed the Committee and read from a letter he sent in regarding suggested Preamble wording to possibly be added to our City's Charter. Mayor John F. Bush, 21 Tarpon Circle, Winter Springs, Florida: thanked the Committee for their efforts reviewing the City's Charter, and commented on Districts; the expense to run for Elected Office; Districts, the role of the Mayor and Voting situations; and the relationship between the City Commission and their City Manager. IV. OLD BUSINESS Any Discussion Items Suggested By The Winter Springs Ad Hoc Charter Review Committee. Committee Member Helga Schwarz referred to Page 12 of ARTICLES VII. -VIII. (Section 4.12. Independent audits.) and asked, "Why is this particular section not part of the financial reporting section ?" City Attorney Anthony A. Garganese explained, "It is an action item of the Commission and it falls under the Commission section of the Charter, but it is a financial issue as well, which could fall under `FINANCIAL (PROCEDURE)'." Next, Chairperson Lacey asked Committee Member Schwarz, "Would you be proposing that we move Section 4.12. in its entirety to make it (Section) 7.08. ?" "SO MOVED." 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 - APRIL 1, 2010 PAGE 3OF10 CHAIRPERSON LACEY STATED, "MOTION TO TAKE SECTION 4.12. — TO (SECTION) 7.08. AND PUT IT IN SEQUENCE AFTER (SECTION) 7.07." r VOTE: COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE Q.i COMMITTEE MEMBER SCHWARZ: AYE emetra COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE COMMITTEE MEMBER POE: AYE COMMITTEE MEMBER GLAZIER: AYE VICE CHAIRPERSON FREEMAN: NAY COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: AYE MOTION CARRIED. V. NEW BUSINESS Review Of ARTICLES I. Through XIII., City Charter, And/Or Any Other Discussion Items Suggested By The Winter Springs Ad Hoc Charter Review Committee. Next, discussion ensued on ARTICLE IX. Committee Member Beth King remarked, "In the Model Charter, there is a Recall section and the City of Winter Springs does not address that issue ?" Attorney Garganese noted, "Recall in Florida specifically provided by Florida Statutes. The whole process, the procedure, the manner in which it is done, the Judicial review, Recall Petitions are all laid out in the Florida Statutes." Committee Member King then asked, "Should there be any reference to it at all ?" Attorney Garganese answered, "It is not necessary." Discussion followed on Section 9.03. Petitions.; and ARTICLE X., Section 10.01. General Authority. Further discussion ensued on Section 7.03. Campaign Finance (b) and ARTICLE XII. POWERS, Section 12.01. Powers generally. and ARTICLE III. POWERS OF THE CITY, Section 3.01. Generally. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - APRIL 1, 2010 PAGE 4 OF 10 "I MAKE THE MOTION THAT WE MERGE SECTION 12.01. AND SECTION 3.01. AND NOT REMOVING ANY LANGUAGE. JUST MERGE IT ALL TOGETHER EXCEPT FOR STRIKING THE FIRST PART `AS PROVIDED IN r ARTICLE VIII. SECTION 2 (b) OF THE STATE CONSTITUTION'. START WITH, `THE CITY OF WINTER SPRINGS SHALL HAVE THE GOVERNMENTAL, CORPORATE AND PROPRIETARY POWERS TO ENABLE THE CITY TO CONDUCT MUNICIPAL GOVERNMENT, PERFORM Q. MUNICIPAL FUNCTIONS AND RENDER MUNICIPAL SERVICES AND MAY EXERCISE ANY POWER FOR MUNICIPAL PURPOSES EXCEPT WHEN EXPRESSLY PROHIBITED BY LAW'." MOTION BY COMMITTEE MEMBER SCHWARZ. CHAIRPERSON LACEY CLARIFIED, "THE LANGUAGE THAT WE ARE LOOKING AT ON PAGE 11, UNDER SECTION 12.01. (Powers generally.), YOU WOULD LIKE TO SEE THAT MOVED UP TO (SECTION) 3.01. AND DO YOU WANT IT TO STILL STAY IN SECTION 12.(01.) REDUNDANT, OR DO YOU WANT TO STRIKE SECTION 12.(01.) ?" ATTORNEY GARGANESE COMMENTED, "SHE SAID MERGE IT." DISCUSSION. SECONDED BY COMMITTEE MEMBER RYSER. DISCUSSION. CHAIRPERSON LACEY ASKED, "WOULD IT BE ACCEPTABLE TO THE COMMITTEE TO AMEND THE MOTION TO GIVE THE INTENT TO CLEAN UP THE CONFLICTING POWERS OF THE CITY IN ARTICLE XII. (POWERS) AND ARTICLE III. (POWERS OF THE CITY) AND ASK THE CITY ATTORNEY TO COME BACK WITH LANGUAGE IN THE REPORT ?" COMMITTEE MEMBER SCHWARZ REPLIED, "THAT WAS MY INTENT." FURTHERMORE, CHAIRPERSON LACEY THEN ASKED, "SO, WE ARE NOT GIVING A SPECIFIC DIRECTION. IF THERE IS NO OBJECTION, THE MOTION WILL STAND AMENDED TO SAY THAT WE ARE GOING TO REFER TO THE CITY ATTORNEY THE ARTICLE XII. (POWERS) AND ARTICLE III. (POWERS OF THE CITY) LANGUAGE AND ASK HIM TO CLEAN UP THE REDUNDANCY AND ENSURE THAT WE HAVE LANGUAGE EXPRESSLY DELEGATED OF THE POWERS OF THE CITY IN ONE (1) PLACE." CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - APRIL 1, 2010 PAGE 5 OF 10 VOTE: carQ COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: NAY CHAIRPERSON LACEY: AYE COMMITTEE MEMBER POE: AYE COMMITTEE MEMBER GLAZIER: AYE F--- VICE CHAIRPERSON FREEMAN: NAY COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: NAY COMMITTEE MEMBER KING: NAY MOTION CARRIED. Discussion ensued on Section 7.03. Campaign Finance. Attorney Garganese stated, "Campaign financing is thoroughly addressed in the (Florida) Statutes. The monetary limitations that a person can contribute in a Municipal Election is set forth in the Statutes not to exceed five hundred dollars ($500.00). The Candidates are required to disclose all those contributions. The City now requires electronic disclosure with the Supervisor of Elections, so all of that is on line." Discussion. Chairperson Lacey referenced "Terms" and stated, "Obviously, that language needs to be cleaned up or taken out, but we can just ask Anthony (Garganese) to do that and present it to us in the Draft Report." Continuing, Chairperson Lacey stated, "We have essentially addressed all the major issues that the Commission referred to us, that the Model Charter has referred to us, and I believe ideas that the Committee has come up on its own with, which are the three (3) areas." Chairperson Lacey added, "The next task is how do we come up with a `Report' from here? I would propose as a starting point in beginning that process, now we have expressed our wishes on the various areas, we turn it back to the Staff through Anthony ( Garganese) and Kimberly (Kopp) and ask them to take what we have done so far, put it into a Draft Report that we would then review at our next Meeting." Attorney Garganese distributed a "Briefing Memorandum" entitled, "One -Year Residency Requirement for Candidates to Municipal Offices ". Next, Attorney Garganese stated, "There was discussion at the Committee level whether or not the one (1) year residency requirement in (Section) 2 -87. of the City Code should be stated verbatim in the City Charter - and if that is the desire of the Committee, my view is you can make that recommendation, because I believe the one (1) year residency requirement is lawful in Florida." Chairperson Lacey added, "I would endorse putting that language into the Charter." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING — APRIL 1, 2010 PAGE 6 OF 10 Tape 1 /Side B raraZi Discussion followed regarding the timeframe of the residency requirements. Attorney Garganese recommended, "I would not go any more than one (1) year." p Chairperson Lacey stated, "As I understand it, we agreed that we want to move the language into the Charter. It is possible, we can change it from one (1) year to six (6) months if that is the will of the Committee ?" actin "I MAKE THE MOTION TO MOVE THAT LANGUAGE INTO THE CHARTER BUT I WOULD NOT MAKE THE MOTION TO REDUCE THE AMOUNT OF TIME. I WOULD LEAVE IT AT ONE (1) YEAR. MOVE TO PUT THAT LANGUAGE, ONE (1) YEAR RESIDENCY REQUIREMENT INTO THE CHARTER." MOTION BY COMMITTEE MEMBER POE. SECONDED BY COMMITTEE MEMBER SCHWARZ. DISCUSSION. CHAIRPERSON LACEY STATED, "THE ONE (1) YEAR RESIDENCY REQUIREMENT REMAIN BUT BE PLACED IN THE CHARTER DIRECTLY." VOTE: COMMITTEE MEMBER TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE COMMITTEE MEMBER POE: AYE COMMITTEE MEMBER GLAZIER: AYE VICE CHAIRPERSON FREEMAN: NAY COMMITTEE MEMBER RYSER: AYE COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE COMMITTEE MEMBER SCHWARZ: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A FOLLOW -UP MOTION, THAT WE ASK THE CITY ATTORNEY TO CLEAN UP SECTION 4.01. - (b) (Eligibility.) TO REMOVE ALL THE REFERENCES ABOUT THE ORDINANCES ITSELF WHEN HE BRINGS IN THE LANGUAGE FROM THE ORDINANCE." MOTION BY COMMITTEE MEMBER SCHWARZ. ATTORNEY GARGANESE STATED, "THERE ARE MORE ISSUES IN (SECTION) 2 -87." COMMITTEE MEMBER SCHWARZ ADDED, "IT WAS SENTENCE TWO (2) AND THREE (3), I THINK THAT ADDRESSED THE RESIDENCY REQUIREMENT OF THAT ORDINANCE." CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - APRIL 1, 2010 PAGE 7 OF 10 TO CLARIFY, ATTORNEY GARGANESE ASKED, "YOU MOTIONED TO REMOVE THE REFERENCE (SECTION) 2 -87. FROM THE CHARTER OR..." COMMITTEE MEMBER SCHWARZ STATED, "...IN SECTION (b) (Eligibility.) THERE IS LANGUAGE IN THERE THAT IS GOING TO HAVE TO COME OUT ONCE YOU MOVE THE ORDINANCE SENTENCES IN THERE. THE MOTION WAS TO MOVE THE LANGUAGE OF THE ORDINANCE INTO THAT SECTION." imimn CHAIRPERSON LACEY ADDED, "THE MOTION IS TO CLEAN UP LANGUAGE IN (SECTION) 4.01. (b) (Eligibility.) TO CONFORM WITH THE MOTION THAT WAS JUST PREVIOUSLY PASSED ?" SECONDED BY COMMITTEE MEMBER RYSER. DISCUSSION. CHAIRPERSON LACEY INDICATED, "THE PROCESS WE ARE GOING TO BE ENGAGED IN AND SUBJECTED TO THE WILL OF THE COMMITTEE, IS THAT A LOT OF THIS NON - SPECIFIC LANGUAGE THAT WE ARE REFERRING TO THE ATTORNEY, WILL COME BACK TO US IN A DRAFT REPORT FOR US THEN TO LOOK AT IN DETAIL, AND APPROVE OR NOT APPROVE." VOTE: COMMITTEE MEMBER CARROLL: NAY CHAIRPERSON LACEY: AYE COMMITTEE MEMBER POE: AYE COMMITTEE MEMBER GLAZIER: AYE 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: AYE MOTION CARRIED. Attorney Garganese distributed a "Briefing Memorandum" entitled, "Filling of Vacancies — Section 4.08. (c), City Charter ". Chairperson Lacey mentioned, "What I had in my notes is that we had asked you to look at the Motion we had made to fill a vacancy within two (2) Regular Meeting times and you were to look at what was a prudent number." Discussion ensued on the Options. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - APRIL 1, 2010 PAGE 8 OF 10 Committee Member Steve Glazier stated, "I would be in favor of Option 1 — we ought to t to avoid things that create Special Elections, they are costly and you tend to get real raQI small turn outs." Chairperson Lacey asked, "Was that a Motion ?" "I SO MOVE." MOTION BY COMMITTEE MEMBER GLAZIER. SECONDED area BY VICE CHAIRPERSON FREEMAN. DISCUSSION. i� CHAIRPERSON LACEY CLARIFIED THE MOTION AND STATED, "THE MOTION IS THAT WE ACCEPT OPTION NUMBER 1 THAT DOES NOT SPECIFY THE PROCESS BY WHICH AN OFFICE IS FILLED IF THE COMMISSION DOES NOT ACT." 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 TRAEGER: AYE COMMITTEE MEMBER CARROLL: AYE MOTION CARRIED. Chairperson Lacey noted, "As I mentioned earlier, we are at the point of taking the next step which I had recommended that we refer to the Attorney and Staff to draft all our previous recommendations into a Report for us to review at the next Meeting in two (2) weeks." Vice Chairperson Freeman asked, "I would appreciate the opportunity to see the Charter as it exists with our deletions and additions and modifications, so that we can go through — see what the Charter would look like." Chairperson Lacey asked Attorney Garganese, "If you prepared a Draft Report for us, could you include in that a version of the Charter that accepted our majority recommendations ?" Attorney Garganese replied, "I can - black line the existing Charter with all of your changes." CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - APRIL I, 2010 PAGE 9 OF 10 "I MOVE THAT WE DIRECT THE CITY ATTORNEY TO DRAFT A FINAL REPORT, BLACK LINING THE CHARTER SO THAT WE COULD ALSO r LOOK AT IT AT THE SAME TIME, FOR OUR REVIEW IN TWO (2) WEEKS." ems' MOTION BY COMMITTEE MEMBER POE. SECONDED BY COMMITTEE MEMBER KING. DISCUSSION. CHAIRPERSON LACEY NOTED, "WE ASK THE CITY ATTORNEY TO — 1:2.4 "cam GIVE US A DRAFT REPORT THAT INCLUDES A BLACK LINE VERSION OF THE CHARTER REFLECTING THE MAJORITY 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 COMMITTEE MEMBER POE: AYE COMMITTEE MEMBER GLAZIER: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE MOTION CARRIED. Chairperson Lacey said to Attorney Garganese, "Our next Meeting is in two (2) weeks, can we have that ready then ?" Attorney Garganese replied, "We are going to do our best to get it ready. We have a list of all the changes in a spreadsheet and we should be able to accomplish that in two (2) weeks." Chairperson Lacey noted, "We will meet on April 15, (2010) to review that Draft Report." Continuing, Chairperson Lacey then added, "We have the email from Mr. Busher who is still in the audience. Is there any discussion by the Committee on the input that Mr. Busher gave us ?" No further comments were heard. VI. GENERAL PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING — APRIL 1, 2010 PAGE 10 OF 10 VII. ADJOURNMENT Chairman Lacey adjourned the Meeting at 8:08 p.m. Q.4 NEXT MEETING: Thursday, April 15, 2010 - 7:00 P.M. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK NOTE: These Minutes were approved at the , 2010 Winter Springs Ad Hoc Charter Review Committee Meeting.