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HomeMy WebLinkAbout2010 04 01 Consent II Requesting Approval of the WSAHCRC Meeting Minutes of March 18, 2010 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 t :3601 Committee was called to Order at 7:00 p.m. by Chairperson Charles Lacey in the aezi0 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 MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - MARCH 18, 2010 PAGE 2 OF 15 VOTE: COMMITTEE MEMBER ACHA: AYE COMMITTEE MEMBER KING: AYE C Pra OMMITTEE MEMBER MARKWARD: AYE ..�. COMMITTEE MEMBER SCHWARZ: AYE COMMITTEE MEMBER CARROLL: AYE CHAIRPERSON LACEY: AYE COMMITTEE MEMBER POE: AYE COMMITTEE MEMBER GLAZIER: AYE anaelM 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 MINUTES 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 memi 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." A CITY OF WINTER SPRINGS, FLORIDA MINUTES 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 weal 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 IS 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 MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - MARCH 18, 2010 PAGE 5 OF 15 Section 4.15. was discussed next. rigQ Chairperson Lacey referenced Committee Member George Markward's comments that ice` were previously submitted in writing. Committee Member Markward referenced the Model City Charter 8 Edition and spoke of Emergency Ordinances. gocoM "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. — P1.) 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 MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE 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. raQ 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 4 ' 1 = 5 1 `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 W. 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 18, 2010 PAGE 8 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 4 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 MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - MARCH 18, 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 IS 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 MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - MARCH 18, 2010 PAGE 10 OF 15 VOTE: COMMITTEE MEMBER CARROLL: AYE rarA CHAIRPERSON LACEY: AYE COMMITTEE MEMBER POE: AYE COMMITTEE MEMBER GLAZIER: AYE VICE CHAIRPERSON FREEMAN: AYE COMMITTEE MEMBER RYSER: AYE istm 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 MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - MARCH 18, 2010 PAGE 11 OF 15 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 MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING - MARCH 18, 2010 PAGE 12 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 siezla 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 MINUTES WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE MEETING — MARCH 18, 2010 PAGE 13 OF 15 VOTE: COMMITTEE MEMBER KING: AYE COMMITTEE MEMBER MARKWARD: AYE Cara 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." Came 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 raQ 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: JOAN L. BROWN DEPUTY CITY CLERK NOTE: These Minutes were approved at the , 2010 Winter Springs Ad Hoc Charter Review Committee Meeting.