HomeMy WebLinkAbout2010 03 18 Consent II Requesting Approval of the WSAHCRC Meeting Minutes of March 4, 2010 CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING
MARCH 4, 2010
I. CALL TO ORDER
The Meeting of Thursday, March 4, 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, absent
Committee Member George Acha, present
Committee Member Pamela Carroll, present
Committee Member Steve Glazier, arrived at 7:01 p.m.
Committee Member Beth King, present
Committee Member George Markward, absent
Committee Member Bill Poe, present
Committee Member John Ryser, present
Committee Member Helga Schwarz, present
Committee Member Sandy Traeger, present
Committee Member Steve Glazier arrived at 7:01 p.m.
A moment of silence preceded the Pledge of Allegiance.
Chairperson Lacey noted, "On the Agenda that was prepared by Anthony (Garganese,
City Attorney), and he broke it into `Old Business' and `New Business' — the `Old
Business' is essentially to remove from the Table, the items that we Tabled at the last
Meeting and — hopefully complete discussion of the composition of the Commission,
including the role of the Mayor; and I would include in that definition the Voting
procedures for the three (3) Charter Officers." No objections were voiced.
II. CONSENT AGENDA
CONSENT
Office Of The City Clerk
Requesting Approval Of The February 25, 2010 Meeting Minutes.
Chairperson Lacey asked, "Do we have a Motion to approve ?"
CITY OF WINTER SPRINGS, FLORIDA
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"MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMITTEE
MEMBER POE. SECONDED BY COMMITTEE MEMBER GLAZIER.
DISCUSSION. raQi
VOTE:
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
MOTION CARRIED.
III. GENERAL PUBLIC INPUT
Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: spoke about the
Mayor's Seat and keeping down City expenses and taxes related to Commission Districts.
IV. OLD BUSINESS
Discuss Composition Of City Commission And Related Role Of The Mayor; And/Or
Any Other Discussion Items Suggested By The Winter Springs Ad Hoc Charter
Review Committee.
Chairperson Lacey suggested, "That we take a two (2) prong approach. The Commission
gave us a specific task to present Minority Reports where there was significant division —
the best way we can serve the Commission is to put forward a Report that based upon last
week's Vote is the Majority position, and of course that could change. That describes
how the Commission would operate with a Voting Mayor."
Continuing, Chairperson Lacey then noted, "If that still carries the Majority, I think we
should also then consider a second alternative option - in essence would be the Minority
Report that would describe how we would like to see the Commission and the Mayor
conduct their business, assuming that the Mayor did not have a Vote."
In summary, Chairperson Lacey stated, "That is my - suggested approach, that we look at
a Voting Mayor and put together our best recommendation for that; and look at a non -
Voting Mayor and put our best recommendation for what that looks like, and then present
the Commission the two (2); with the number of Votes that each one carries on this
Committee. I would welcome any suggestions to that idea." Discussion.
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Referencing the Districts, Attorney Garganese stated, "The only rule of thumb is to try to
have some proportionate level of population or equal representation in each of the O
Districts."
Chairperson Lacey remarked, "The decision from last week is essentially the will of the ctige
Committee and that was a seven -two (7 -2) Vote in favor of a Voting Mayor position; we
just never got to the definition."
Next, Chairperson Lacey stated, "We are about 34,000 people now — Anthony (Attorney
Garganese), do you have that data for us ?" Attorney Garganese replied, "It has been
around the low thirties for the last few years and I think the Comprehensive Plan has a
build out projection of about mid - forties."
Chairperson Lacey commented, "I did not hear any direct contradiction of my suggestion
and I only want to go basically with unanimous Consent from the Committee in the
direction that I proposed. Is that an acceptable way to proceed ?" No objections were
voiced.
Referencing a Voting Mayor, Chairperson Lacey asked, "Do we want to change the even
number to an odd number and then if the corollary answer to that is `Yes', is `How do we
want to do that? By increasing or decreasing our Districts ? ' Discussion.
Attorney Garganese noted, "It presents significant challenges for the governing body to
act when you have an even number and with no way to break a deadlock."
Discussion continued on Commission Districts.
Chairperson Lacey summarized the previous discussions and stated, "We are looking at
recommending the current Commission system stay the same where you are from a
District; but run at large; reduce from five (5) to four (4); and the Mayor would also run
at large and be the fifth Vote on that Commission."
Next, Chairperson Lacey noted, "We are looking at two (2) options where the main
difference is whether or not the Mayor is selected from among Commissioners or is
Elected at large."
"I MAKE THE MOTION THAT THE MAYOR BE ELECTED BY THE
CITIZENS OF THE COMMUNITY." MOTION BY COMMITTEE MEMBER
POE. CHAIRPERSON LACEY ASKED, "CAN YOU INCLUDE IN YOUR
MOTION ALSO THEN THAT WE BE COMPREHENSIVE AND SAY THAT WE
ARE PROPOSING THAT THEY REDUCE THE DISTRICTS FROM FIVE (5)
TO FOUR (4) AT LARGE ?" COMMITTEE MEMBER POE STATED, "YES
AND THAT IT BE REDUCED TO FOUR (4). THE MAYOR BE ELECTED BY
THE CITIZENS." SECONDED BY COMMITTEE MEMBER ACHA.
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
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CHAIRPERSON LACEY STATED, "TO BE ABSOLUTELY CLEAR, THE
MOTION IS THAT WE ARE GOING TO KEEP THE COMMISSIONERS
VOTED IN AS THEY ARE BUT OVER SOME TRANSITION PERIOD TO BE "
DETERMINED THE DISTRICTS BE REDUCED FROM FIVE (5) TO FOUR (4), a:.:a
DETERMINED, > � te
THE MAYOR WOULD BE VOTED AT LARGE AS HE IS NOW, BUT HE
WOULD CONSTITUTE THE FIFTH VOTE ON THE COMMISSION."
CHAIRPERSON LACEY ADDED, "THIS IS UNDER THE PRESUMPTION
THAT WE ARE GOING TO VOTE FOR A VOTING MAYOR. IT DOESN'T
MEAN THAT IS THE ONLY OPTION. WHEN WE GET DONE WITH THIS
WHOLE THING WE WILL GO BACK AND LOOK AT THE OPTION OF A
NON - VOTING MAYOR AND WE WILL LOOK AT THE BEST CHOICES FOR
THAT."
VOTE:
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
MOTION CARRIED.
Chairperson Lacey pointed out that "We also have to address where we are under that
scenario and what the Mayor's Veto Power would be."
Attorney Garganese added, "If the Mayor has the right to Vote, just like any other
Council person, then the Mayor does not have a Veto Power."
"UNDER THE FIVE (5) MEMBER VOTING SCENARIO WHERE THE MAYOR
HAS A VOTING POWER, I WOULD LIKE TO PROPOSE THAT THEY DO
NOT HAVE VETO POWER." MOTION BY COMMITTEE MEMBER
SCHWARZ. SECONDED BY COMMITTEE MEMBER KING. DISCUSSION.
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VOTE:
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE raruva
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE .„
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE CA,54
COMMITTEE MEMBER RYSER: AYE
MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
MOTION CARRIED.
With further discussion, Chairperson Lacey asked, "Under either scenario, we need to be
crisply defining how Charter Officers are selected and dismissed and this was one (1) of
the major topics that the Commission wanted us to address." Continuing, Chairperson
Lacey then asked, "Do you want to address now under this scenario, or would you rather
define the second scenario and then come back and figure out how we do the Charter
Officers under that ?" Committee Member Beth King commented, "I would like to define
the second scenario and then come back to this." Committee Member Bill Poe stated, "I
agree." Committee Member Steve Glazier added, "I agree with that."
Continuing, Chairperson Lacey stated, "If there is no unanimous dissent, we will
proceed." Next, Chairperson Lacey added, "Before we leave the topic of how that role is
going to be defined, are there any other issues that you think that should be discussed
now to put together the complete package for the Voting Mayor scenario." No remarks
were noted.
Moving on to the second scenario, Chairperson Lacey stated, "Assuming that the Mayor
does not Vote, the question becomes, `Do we leave the Commission composition the
same as it is now and once we make that decision, then what provisions do we want to
make for the Mayor to have some influence."
To clarify, Chairperson Lacey stated, "We decided last week — that the Commissioners
would be Elected as they are now, meaning at large but from Districts, and the Mayor
would be Voted at large."
Regarding the Veto Power of the Mayor, Chairperson Lacey noted, "At last week's
Meeting, we decided to enhance the Mayor's Veto Power to include Resolutions. We
need to go back and readdress that under this specific scenario to see how we want to
approach that."
Committee Member Pam Carroll remarked, "We said Resolutions excluding Budgets."
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"I MOVE THAT THE CITY COMMISSION WITH A NON - VOTING MAYOR
REMAIN AS IT IS AND EXTEND THE MAYOR'S AUTHORITY TO VETO
RESOLUTIONS OTHER THAN BUDGETARY." MOTION BY COMMITTEE
MEMBER POE. SECONDED BY COMMITTEE MEMBER CARROLL. Pra
DISCUSSION.
CHAIRPERSON LACEY NOTED, "THE MOTION IS TO EXPAND THE VETO
POWER TO COVER THE RESOLUTIONS OF THE COMMISSION — EXCEPT ► :_.
BUDGETARY ITEMS."
VOTE:
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: NAY
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
MOTION CARRIED.
Next, Chairperson Lacey added, "We have our two (2) defined roles that we will later
choose from and now let's go back and look at the Charter Officers under each. Is that an
acceptable course ?" No objections were voiced.
Referencing a third scenario, Committee Member King stated, "There would be no
Mayor at large, there would be five (5) Commissioners at large and from those five (5)
Commissioners, a Mayor would be Voted upon by one (1) of the five (5)
Commissioners."
Chairperson Lacey clarified, "That we are essentially going to do away with the Elected
Mayor's position, stay with five (5) Elected Commissioners, and then the Commissioners
would choose from among them, the Mayor."
Tape 1 /Side B
Discussion.
Chairperson Lacey asked, "Do we have a Motion to consider the third option ?"
"I WOULD LIKE TO MAKE THE MOTION THAT WE HAVE A FIVE (5)
MEMBER COMMISSION AND THE MAYOR AT LARGE; THE COMMISSION
IS AT LARGE; AND THAT THE MAYOR IS VOTED UPON BY THE
COMMISSIONERS AND THE MAYOR WOULD BE ONE (1) OF THE
COMMISSIONERS." MOTION BY COMMITTEE MEMBER KING.
SECONDED BY COMMITTEE MEMBER SCHWARZ. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
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PAGE 7 OF 21
CHAIRPERSON LACEY REMARKED, "WE WILL VOTE ON ADDING THE
MAYOR, ELECTED FROM AMONG THE FIVE (5) COMMISSIONERS TO
OUR LIST OF OPTIONS.
IF THAT SUCCEEDS, THEN WE PROCEED TO DECIDING A VOTING C.
PROCESS FROM AMONG THE THREE (3). IF THIS MOTION FAILS, WE eMed
WILL PROCEED TO DECIDING A PROCESS FROM AMONG THE FIRST
TWO (2) THAT WERE APPROVED." `
VOTE:
COMMITTEE MEMBER TRAEGER: NAY
COMMITTEE MEMBER CARROLL: NAY
CHAIRPERSON LACEY: NAY
COMMITTEE MEMBER POE: NAY
COMMITTEE MEMBER GLAZIER: NAY
COMMITTEE MEMBER RYSER: NAY
COMMITTEE MEMBER ACHA: NAY
COMMITTEE MEMBER KING: NAY
COMMITTEE MEMBER SCHWARZ: NAY
MOTION DID NOT CARRY.
Chairperson Lacey asked the Board Members, "Do you want to Vote from those two (2)
options and then proceed to the Charter Officers or would you rather define the Charter
Officers and how they would be selected under each those options before we make a final
Vote from those two (2) options ?" Discussion.
Continuing, Chairperson Lacey inquired, "Is there any objection to us proceeding to the
discussion of Charter Officers ?" No objections were voiced.
Chairperson Lacey referenced a letter dated February 18, 2010 from Mr. Thomas A.
Binford.
Regarding a super majority Vote, Chairperson Lacey stated that the Commission wanted
the Committee Members to consider, "To take as an option, leaving the hiring to be at a
four -one (4 -1) decision under the theory that Charter Officers should have near
unanimous support of the people he is going to work with; but that to dismiss a Charter
Officer, you could reduce it to a simple majority under the theory that if he lost the
confidence of a large minority of the Board, he cannot act effectively anyway, so he is in
a `lame duck' status and not a good position for the City."
With further comments as to the dismissal of a Charter Officer, Chairperson Lacey
commented that, "In some areas, they do it through a Due Process form and — the 8
Model (City) Charter suggests this."
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Chairperson Lacey then indicated that related to the first scenario, "Where there are five
(5) Votes, the key questions are, `Do you prefer to see a three -two (3 -2) Vote to hire or
stay at the four -one (4 -1) Vote to hire, and likewise for dismissal ?" - w
"I MAKE A MOTION THAT UNDER SCENARIO ONE (1) THAT THE
COMMISSION CAN APPOINT OR REMOVE A CITY CHARTER OFFICER BY C=:
A MAJORITY VOTE OF ALL COMMISSIONERS." MOTION BY
COMMITTEE MEMBER SCHWARZ. SECONDED BY COMMITTEE af;
MEMBER TRAEGER. DISCUSSION.'
CHAIRPERSON LACEY ASKED ATTORNEY GARGANESE, "IS THERE ANY
REQUIREMENT FOR PHYSICAL PRESENCE TO CAST A VOTE ?"
ATTORNEY GARGANESE REPLIED, "FOR MUNICIPALITIES, NO. THEY
COULD VOTE BY TELEPHONE, THEY CAN ATTEND THE MEETING BY
TELEPHONE AS LONG AS THERE IS A QUORUM OF THE BODY
PHYSICALLY PRESENT."
ATTORNEY GARGANESE STATED, "JUST ONE PRACTICAL ISSUE THAT
YOU MAY WANT TO CONSIDER - I APPRECIATE THE POINT OF HAVING
ALL THE MEMBERS PRESENT ON THOSE TYPES OF DECISIONS, BUT
UNDER THE CURRENT CHARTER, THREE (3) VOTES OF THE CITY
COMMISSION - IF YOU CHANGED THE SUPER MAJORITY TO MAJORITY,
THREE (3) VOTES OF THE CITY COMMISSION WOULD BE ABLE TO
CARRY THE DAY ON ANY MATTER."
CHAIRPERSON LACEY RESTATED, "AS THE MOTION IS NOW, IT IS TO
HIRE BY A MINIMUM VOTE OF THREE (3). IF WE WANT TO INCLUDE IN
THE CHARTER THAT THOSE THREE (3) MUST BE PRESENT, WHAT
WOULD BE PROPER AT THIS POINT? WOULD IT BE AN AMENDMENT TO
THE MOTION THAT ADDS THE LANGUAGE THAT THEY BE PHYSICALLY
PRESENT ON THE DAIS TO CAST THE VOTE ?"
CHAIRPERSON LACEY THEN SAID TO ATTORNEY GARGANESE, "IS
THERE ANYTHING THAT VIOLATES STATE STATUTES OR OTHER
PROVISIONS THAT WE CAN'T CHANGE IN THE CHARTER THAT WE
NEED TO BE AWARE OF ?"
ATTORNEY GARGANESE REPLIED, "PROCEDURALLY, MAKING THEM
PHYSICALLY PRESENT TO CAST THEIR VOTE — THAT WOULD
PROBABLY BE OKAY. I WOULD GO BACK AND TAKE A LOOK AT THAT
ISSUE, BUT I THINK REQUIRING THAT PROCEDURALLY WOULD BE
LEGALLY SUFFICIENT."
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CHAIRPERSON LACEY STATED, "NOW, IF THAT IS WHAT WE WISH TO
DO, IS THERE AN AMENDMENT TO THE MOTION TO REQUIRE
PHYSICAL PRESENCE TO BE ABLE TO VOTE IN FAVOR OF THE
tatrA
CHARTER OFFICERS ?"
"I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION TO
INCLUDE WHAT YOU JUST SAID." MOTION BY COMMITTEE MEMBER tf4
CARROLL. SECONDED BY COMMITTEE MEMBER ACHA. DISCUSSION.
:3w
CHAIRPERSON LACEY EXPLAINED, "THIS IS ON JUST THE AMENDMENT 7: , :'
TO THE MOTION - TO REQUIRE PHYSICAL PRESENCE TO BE COUNTED Z:;;;.
IN THE MAJORITY."
VOTE: (ON THE AMENDMENT)
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: NAY
COMMITTEE MEMBER POE: NAY
COMMITTEE MEMBER GLAZIER: NAY
COMMITTEE MEMBER RYSER: NAY
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: NAY
COMMITTEE MEMBER SCHWARZ: NAY
COMMITTEE MEMBER TRAEGER: NAY
MOTION DID NOT CARRY.
VOTE: (ON THE MAIN MOTION)
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
MOTION CARRIED.
Chairperson Lacey said, "We need to address the Charter Officers under the second
scenario where you have a non - Voting Mayor that Vetoes Resolutions."
"I WOULD LIKE TO MAKE A MOTION THAT ALL CITY CHARTER
OFFICERS BE APPOINTED OR REMOVED BY ALL MEMBERS OF THE
COMMISSION BY A MAJORITY OF ALL MEMBERS OF THE
COMMISSION." MOTION BY COMMITTEE MEMBER SCHWARZ.
SECONDED BY COMMITTEE MEMBER KING. DISCUSSION.
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MEETING - MARCH 4, 2010
PAGE 10 OF 21
FOR CLARIFICATION, COMMITTEE MEMBER RYSER ASKED, "ARE WE
SAYING THAT THE MAYOR DOES NOT HAVE ANY VETO AUTHORITY ON
THE HIRING AND FIRING OF THE CITY OFFICERS ?"
CHAIRPERSON LACEY SAID, "YES." CHAIRPERSON LACEY NOTED,
"THE MOTION WE ARE GOING TO VOTE ON THEN IS TO ESSENTIALLY *a+
KEEP THE PROCESS THE SAME AS IT IS NOW, WHERE IT IS NOT DONE
BY RESOLUTION AND THE FIVE (5) COMMISSIONERS — STAND 1
CORRECTED. IT IS A CHANGE FROM THE CURRENT CHARTER AND
THEN INSTEAD OF A FOUR -ONE (4 -1) VOTE TO HIRE AND FIRE, WE '_
WOULD BE GOING TO A MAJORITY THREE -TWO (3 -2) VOTE, AND STILL
A MAJORITY OF ALL." COMMITTEE MEMBER SCHWARZ STATED, """`
"YES."
VOTE:
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: NAY
COMMITTEE MEMBER POE: NAY
COMMITTEE MEMBER GLAZIER: NAY
COMMITTEE MEMBER RYSER: NAY
MOTION CARRIED.
Discussion ensued on the language pertaining to the Charter Officers.
Chairperson Lacey stated, "I would like to see that language cleaned up so it is consistent
among all three (3) Officers. Any objection to that ?" Committee Member Poe replied, "I
would feel very comfortable with that." There were no objections voiced.
"I WILL MAKE A MOTION TO CHANGE THE LANGUAGE FOR ALL OF
THEM TO BE CONSISTENT WITH THE CITY COMMISSION AFTER
RECEIVING A NOMINATION FROM EITHER THE MAYOR OR A
COMMISSION MEMBER, SHALL BE BY A VOTE OF THREE -TWO (3 -2),
APPOINT THE OFFICERS OF CITY CLERK AND THE REST OF THEM."
MOTION BY COMMITTEE MEMBER CARROLL. CHAIRPERSON LACEY
ASKED, "AND THIS APPLIES TO ALL THE SCENARIOS WE DISCUSSED ?"
COMMITTEE MEMBER CARROLL RESPONDED, `YES." SECONDED BY
COMMITTEE MEMBER KING. DISCUSSION.
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VOTE:
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: NAY
MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE i
COMMITTEE MEMBER RYSER: AYE _°"°
COMMITTEE MEMBER ACHA: AYE
MOTION CARRIED.
Chairperson Lacey asked the Committee Members, "Is there any further discussions,
questions or issues that you believe we need to add to either one of options one (1) or two
(2) ?" There were no objections voiced.
Next, Attorney Garganese stated, "If I can offer a suggestion, because you have these two
(2) scenarios, I would recommend, since the City Commission by Resolution has asked
you to make decisions by Majority Vote, to select one (1) of these options as your
preference. Then the City Commission asked the specific question regarding the Veto
Power of the Mayor, and then select your preference; and then also give the City
Commission the answer to the question that they asked you in the Report, so they know
exactly how you feel regarding this."
Discussion ensued on the scenarios.
Tape 2 /Side A
Chairperson Lacey stated, "We are going to have a Vote on either option one (1) or two
(2) and when Joan (Brown, Deputy City Clerk) calls your name, you are going to say one
(1) or two (2), not `Aye' or `Nay' and the numbers will be what the numbers are."
To summarize options one (1) and two (2), Chairperson Lacey stated, "Option one (1) is
to have the Mayor at large who Votes and presides over a dais of four (4) other
Commissioners who are also Elected at large but from four (4) Districts, and there would
be a transition plan to reduce from five (5) to four (4) and in that scenario, the Mayor has
no Veto Power since he is a Voting Member of the body."
Continuing, Chairperson Lacey then remarked, "Option two (2) is more similar to what
we have now - where you have five (5) Commissioners in existing Districts as modified
by the Districting Commission, who normally Vote on things just as they do now, a
three -two (3 -2) carries the Majority and the Mayor will Vote in case of a tie.
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We did not cover that before, but that is under the current Charter, and I am going to
make the assumption that is the way we still want to do it in case of a tie - the Mayor
would still have a chance to Vote, but then the Mayor's Veto Power over Ordinances
would be extended to include Resolutions and under each of these Charter Officers are
hired and fired by a Majority Vote of the entire body." Attorney Garganese noted, "The
Veto Resolutions is other than Budgets." Chairperson Lacey then added, "Under option
ecma
number two (2), the Resolutions that are Vetoed do not include Budgetary items." ' "
Attorney Garganese asked, "Regarding consistency on the Mayor's right to nominate for °° -;77r-n
the City Manager position, is that part of that option too ?" Attorney Garganese then VS
added, "If you went to a Voting Mayor scenario, there are going to be a lot of other —
housecleaning changes to the Charter that are going to have to be made, including the
nomination issue; might be a housecleaning matter because he is going to have the same
rights as any other Commissioner at that time."
Chairperson Lacey asked, "Does anyone dispute my summation that it is implied in
option one (1) and we have explicitly Voted it for option two (2) ?" No objections were
voiced.
VOTE:
COMMITTEE MEMBER SCHWARZ: (OPTION) "1"
COMMITTEE MEMBER TRAEGER: (OPTION) "1"
COMMITTEE MEMBER CARROLL: (OPTION) "1"
CHAIRPERSON LACEY: (OPTION) "2"
COMMITTEE MEMBER POE: (OPTION) "2"
COMMITTEE MEMBER GLAZIER: (OPTION) "2"
COMMITTEE MEMBER RYSER: (OPTION) "2"
COMMITTEE MEMBER ACHA: (OPTION) "1"
COMMITTEE MEMBER KING: (OPTION) "1"
MOTION CARRIED (FOR "OPTION 1 ").
Chairperson Lacey commented, "Going back to the Agenda, I believe we have taken care
of all the `Old Business' items that were here. The question I will put to you here is, it is
8:40 (p.m.), do you want to continue on with the rest of `ARTICLE IV.' into `ARTICLE
VI.' or do you want to put that off to another day ?"
Committee Member Schwarz suggested, "We continue with ARTICLE IV. and see where
we end up and not to continue with (ARTICLE) V." Committee Member Schwarz
added, "We have this email from (Committee Member) Mr. Markward where he is
addressing ARTICLES IV., IX. and beyond, so at least we covered those."
Chairperson Lacey asked, "Any other discussion on the orders of the day? Then I take by
your silence that everyone agrees that we should continue ?" There were no objections
voiced.
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PAGE 13 OF 21
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..
Chairperson Lacey asked, "Is there any item you want to discuss up to and including 11*..`
(Section) 4.08. ? "_
Brief discussion followed on "Section 4.08. Vacanies; forfeitures of office; filling of
"I WILL MAKE A MOTION THAT THE COMMISSION FILL THE VACANCY
- BY THE NEXT TWO (2) GENERAL MEETINGS, STANDARD MEETINGS."
MOTION BY COMMITTEE MEMBER RYSER. SECONDED BY COMMITTEE
MEMBER ACHA. DISCUSSION.
CHAIRPERSON LACEY STATED, "THE MOTION IS TO MODIFY (SECTION)
4.08. (c) TO GIVE THE COMMISSION A DEADLINE OF FILLING ANY
VACANCY WITHIN TWO (2) REGULAR MEETING CYCLES."
DISCUSSION.
COMMITTEE MEMBER SCHWARZ ASKED, "ARE WE LOOKING TO
AMEND IF THERE IS NO ACTION TAKEN THAT THE CITY CLERK WILL
BE TASKED WITH SETTING A SPECIAL ELECTION ?" ATTORNEY
GARGANESE REPLIED, "THAT CAN BE AN AMENDMENT TO THE
MOTION." CHAIRPERSON LACEY ADDED, "LET US TREAT IT AS AN
AMENDMENT. IF THERE IS NO OBJECTION, THE MOTION WILL BE
AMENDED AS STATED." DISCUSSION.
REGARDING FILLING A VACANCY, ATTORNEY GARGANESE ADDED, "IF
A VACANCY OCCURS WITHIN A CERTAIN TIME PERIOD OF THE NEXT
GENERAL ELECTION, ALREADY IN CASES LIKE THAT, YOU DON'T HAVE
A SPECIAL ELECTION, YOU WOULD PUT IT ON THE GENERAL
ELECTION BALLOT." CONTINUING, ATTORNEY GARGANESE THEN
NOTED, "IF YOU GIVE US THE GENERAL STATEMENT THAT THEY HAVE
TWO (2) REGULAR MEETINGS IN WHICH TO MAKE AN APPOINTMENT;
IF NOT, THEY HAVE TO CALL A SPECIAL ELECTION; WE CAN COME
BACK WITH SOME OF THE OTHER TECHNICAL ISSUES ABOUT WHAT
THE CLERK'S RESPONSIBILITIES WOULD BE ON SETTING THAT
ELECTION."
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH 4, 2010
PAGE 14 OF 21
ATTORNEY GARGANESE STATED, "IN TERMS OF FILLING THE
VACANCY, THE CLOCK STARTS RUNNING WHEN THE VACANCY czA
OCCURS AND SOMETIMES THAT IS CONTROLLED AND SOMETIMES IT'S.,
NOT.
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DISCUSSION. gr1V1
,way,
COMMITTEE MEMBER SCHWARZ STATED, "I WOULD LIKE TO RESCIND�
MY AMENDMENT BECAUSE I THINK WE DO NEED TO SPEAK IN THOSE
INSTANCES WHAT MR. RYSER HAS PROJECTED IN HIS MOTION AND
THEN TO COME BACK AND SAY `IF IT DOESN'T TAKE PLACE, THIS IS
WHAT WE WANT TO DO'."
CHAIRPERSON LACEY ASKED, "IS THERE ANY OBJECTION TO
WITHDRAWING THE AMENDMENT TO THE MOTION ?" THERE WERE NO
OBJECTIONS VOICED.
CONTINUING, CHAIRPERSON LACEY STATED, "WE HAVE THE MAIN
MOTION - THAT THE CITY COMMISSION MUST FILL THE APPOINTMENT
WITHIN TWO (2) - REGULAR MEETINGS OF THE COMMISSION."
COMMITTEE MEMBER SCHWARZ SAID, "I AM PROPOSING THAT I
RESCIND MY MOTION AND THEN THAT BECOMES A SEPARATE
MOTION, BUT I WOULD LIKE TO DELAY IT TO THE NEXT MEETING
ONLY BECAUSE I THINK BY THEN, THE ATTORNEY CAN GIVE US SOME
ALTERNATIVES TO HOW THAT IS FRAMED UP IN A SPECIAL
ELECTION."
NEXT, CHAIRPERSON LACEY STATED, "WE ARE JUST GOING TO SET A
TIME FRAME WITH AN OPEN ITEM THAT THE ATTORNEY IS GOING TO
RESEARCH ON WHAT IS THE PRUDENT WAY TO ENFORCE THAT
TIMEFRAME." COMMITTEE MEMBER SCHWARZ REMARKED, "YES."
VOTE:
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: 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 4, 2010
PAGE 15 OF 21
Discussion ensued on ARTICLE IV. GOVERNING BODY, Section 4.05. Mayor.
Chairperson Lacey indicated, "I am advocating that if the Mayor resigns, that the
Commission appoint someone using their discretion to the Mayor's position to serve for
the remainder of that Term or until the next Election as we discussed before, if there ..
should be an Election in the middle of that Term. That would give the Commission the
opportunity to choose from among themselves the proper person which may or may not
be the Deputy Mayor and this is an area we could look at, either restrict them to choose .. 4
only from among their own body, or they could choose from anyone in the City to fill 'd..
that Term. My point is that the Deputy Mayor is not necessarily the right person to move
into the job and the inconsistency of the Terms may cause some unfairness either pro or
con to occur."
Attorney Garganese added, "One solution to that would be that the Deputy Mayor serves
as the Mayor until the vacancy is filled."
Next, Chairperson Lacey said to Committee Member Schwarz, "If you want to defer it, in
order to make a Motion to postpone to a definite time at the next Meeting, to raise this
question ?"
"I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THE
DISCUSSION OF Section 4.05. `Mayor' IN TERMS OF VACANCY AND
APPOINTMENT OF THE DEPUTY MAYOR UNTIL OUR NEXT MEETING."
MOTION BY COMMITTEE MEMBER SCHWARZ. SECONDED BY
COMMITTEE MEMBER CARROLL. DISCUSSION.
VOTE:
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER SCHWARZ: AYE
MOTION CARRIED.
Chairperson Lacey asked Deputy City Clerk Brown, "Since that was a Motion to
postpone to a Time Certain, would you make sure that it appears on the Agenda so we do
not forget it ?" Deputy City Clerk Brown replied, "Yes."
Next, Chairperson Lacey asked, "Does anybody have anything before (Section) 4.08.,
before we go forward ?" No comments were made.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH 4, 2010
PAGE 16 OF 21
Chairperson Lacey said to the Committee Members, "You should each have an email
from (Committee Member) George Markward." Continuing, Chairperson Lacey read an
excerpt from the email from Committee Member Markward for the Record. e
Discussion ensued on Section 4.10. City Clerk.
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g
"1 MAKE A MOTION TO ADD LANGUAGE TO THE ARTICLE IV. SECTION .,
4.10. CITY CLERK THAT THE CITY COMMISSION WILL SET THE
COMPENSATION OF THE CITY CLERK." MOTION BY COMMITTEE
MEMBER SCHWARZ. SECONDED BY COMMITTEE MEMBER RYSER.
DISCUSSION.
VOTE:
COMMITTEE MEMBER CARROLL: NAY
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
MOTION CARRIED.
Continuing, Chairperson Lacey read another excerpt from Committee Member
Markward's email for the Record, related to Section 4.11., Investigations.
Next, Chairperson Lacey asked, "Any discussion on that comment or anything else
related to (Section) 4.11. ?"
Under Section 4.11. "Investigations ", Attorney Garganese stated, "'Or by imprisonment
for not more than ninety (90) days', the current Statutory maximum is sixty (60) days. In
order to be consistent with State Law, the ninety (90) days should be revised to sixty (60)
days." Attorney Garganese then stated, "For the Record, I would appreciate a Motion,
but we are going to put that in the category of housecleaning."
Chairperson Lacey asked, "Is there a Motion to reduce ninety (90) days to sixty (60)
days ?"
"SO MOVED." MOTION BY COMMITTEE MEMBER POE. SECONDED BY
COMMITTEE MEMBER GLAZIER. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH 4, 2010
PAGE 17 OF 21
VOTE:
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE '`
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
MOTION CARRIED.
Continuing, Chairperson Lacey read for the Record an excerpt from Committee Member
Markward's email on the subject of Section 4.12., Independent Audits.
Committee Member Schwarz asked, "Doesn't the City do Audits yearly ?" Attorney
Garganese replied, "Yes. There is an annual requirement that there be a Fiscal Audit
done in accordance with the Auditing guidelines promulgated by the State."
"I MAKE A MOTION TO AMEND SENTENCE ONE OF SECTION 4.12.
`Independent Audits' THE COMMISSION SHALL PROVIDE FOR AN ANNUAL
INDEPENDENT AUDIT OF ALL CITY ACCOUNTS THAT MAY PROVIDE
FOR SUCH MORE FREQUENT AUDITS AS IT DEEMS NECESSARY'."
MOTION BY COMMITTEE MEMBER SCHWARZ.
CHAIRPERSON LACEY ASKED, "YOU ARE INSERTING `ANNUAL'
BETWEEN `AN' AND `INDEPENDENT' ?"
COMMITTEE MEMBER SCHWARZ STATED, "THE COMMISSION SHALL
PROVIDE FOR AN ANNUAL INDEPENDENT AUDIT FOR THE FISCAL
YEAR..." ATTORNEY GARGANESE ADDED, "...FOR EACH FISCAL YEAR."
COMMITTEE MEMBER SCHWARZ THEN ADDED, "THE COMMISSION
SHALL PROVIDE FOR AN INDEPENDENT AUDIT - FOR EACH FISCAL
YEAR OF ALL CITY ACCOUNTS AND MAY PROVIDE FOR SUCH MORE
FREQUENT AUDITS AS IT DEEMS NECESSARY. SCRATCH `ANNUAL' AND
PUT IN `FISCAL YEAR'." SECONDED BY COMMITTEE MEMBER KING.
DISCUSSION.
ATTORNEY GARGANESE NOTED, "INDEPENDENT ANNUAL AUDIT FOR
EACH FISCAL YEAR."
NEXT, CHAIRPERSON LACEY THEN SAID, "IF THERE IS NO OBJECTION,
THE MOTION WILL - REINSERT `ANNUAL' ?" COMMITTEE MEMBER
SCHWARZ REPLIED, "YES."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH 4, 2010
PAGE 18 OF 21
FOR CLARIFICATION, CHAIRPERSON LACEY RESTATED THE EXCERPT
TO READ, "THE COMMISSION SHALL PROVIDE FOR AN INDEPENDENT
ANNUAL AUDIT FOR EACH FISCAL YEAR OF ALL CITY ACCOUNTS AND
MAY PROVIDE, ETC., ETC." a.
VOTE:
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
MOTION CARRIED.
Discussion ensued on Section 4.13. Procedure, and Section 4.14. Actions requiring an
ordinance.
Referencing Section 4.14. (5), Chairperson Lacey asked, "Do we need to change (5) to
make it consistent with State Law ?" Attorney Garganese replied, "It is fairly consistent
with State Law." Continuing, Attorney Garganese indicated that, "I would regulate the
rate, charge for its services by the public utility except provided by Law. Right now, the
Charter identifies a couple of utilities, telephone, telegraph companies and public utilities
regulated by the Public Service Commission. I don't know if there are any others that
would apply. For example, cable rates - generally, not established by the City, it is
established by the cable company."
Chairperson Lacey commented, "Your suggestion is to strike everything from `telephone
through Public Service Commission' and then insert `As provided by Law' ?" Attorney
Garganese stated, "Except as provided by Law." Chairperson Lacey then asked, "Is there
a Motion to that affect ?"
"I DO SO MOVE AS THE CITY ATTORNEY OUTLINED. I THINK IT IS BEST
TO FOLLOW HIS ADVICE IN MATTERS OF LAW." MOTION BY
COMMITTEE MEMBER POE. SECONDED BY COMMITTEE MEMBER
SCHWARZ. DISCUSSION.
FOR CLARIFICATION, CHAIRPERSON LACEY STATED, "IT IS TO TAKE
(SECTION) 4.14. — (5) AND CHANGE IT TO READ, `REGULATE THE RATE
CHARGED FOR ITS SERVICES BY THE PUBLIC UTILITY, EXCEPT AS
PROVIDED BY LAW'."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING — MARCH 4, 2010
PAGE 19 OF 21
VOTE:
COMMITTEE MEMBER KING: AYE
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE 4, k
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE '4 z
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
MOTION CARRIED.
Next, Chairperson Lacey asked Attorney Garganese, "Before we leave this Section — is
there any other discrepancies from the Model Charter that are important to us that we
should incorporate ?" Attorney Garganese replied, "No — the rest of it as written is fine."
Continuing, Chairperson Lacey read for the Record an excerpt regarding `Section 4.15.,
Ordinances in general' from the email from Committee Member Markward.
Discussion ensued on Section 4.15., "Ordinances in general ".
"I MAKE A MOTION WE POSTPONE UNTIL THE NEXT SCHEDULED
MEETING THE GOVERNING BODY, Section 4.15. ". MOTION BY
COMMITTEE MEMBER SCHWARZ. SECONDED BY COMMITTEE
MEMBER RYSER. DISCUSSION.
VOTE:
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
MOTION CARRIED.
Tape 2 /Side B
Chairperson Lacey asked, "Is there anything else in ARTICLE IV. ?" There were no
comments voiced.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING - MARCH 4, 2010
PAGE 20 OF 21
Next, Chairperson Lacey noted, "The next item on the Agenda is to move on to
ARTICLES V. and VI. Is that the will of the Committee ?" es=
"I MAKE A MOTION TO POSTPONE DISCUSSION OF ARTICLES V. AND VI.
TO OUR NEXT REGULAR MEETING OF THIS COMMITTEE, BUT NOT TO ""
LIMIT THE AGENDA TO JUST THOSE ITEMS TO BE DISCUSSED." r.
MOTION BY COMMITTEE MEMBER SCHWARZ. SECONDED BY „„
COMMITTEE MEMBER TRAEGER. DISCUSSION. ..*
CHAIRPERSON LACEY SAID TO COMMITTEE MEMBER SCHWARZ, "I' "'
THINK THE WAY THIS MEETING WAS NOTICED, IT SAID THAT WE CAN
CONSIDER ALL OF ARTICLES I. THROUGH XIII. IS THAT
SATISFACTORY ?" COMMITTEE MEMBER SCHWARZ REPLIED, "YES."
VOTE:
COMMITTEE MEMBER SCHWARZ: AYE
COMMITTEE MEMBER TRAEGER: AYE
COMMITTEE MEMBER CARROLL: AYE
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE
COMMITTEE MEMBER ACHA: AYE
COMMITTEE MEMBER KING: AYE
MOTION CARRIED.
VI. GENERAL PUBLIC INPUT
Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: commented on
reducing Commission Seats to save money for the City residents.
Next, Chairperson Lacey indicated that, "I was asked by the Mayor to give a progress
report to the Commission at the next Meeting of where we stood, and I would only do
that if I had unanimous support from the Committee to do that."
"I MAKE A MOTION THAT — CHAIRPERSON LACEY BE PERMITTED TO
MAKE A REPORT TO THE COMMISSION ON THE PROGRESS OF THE
(WINTER SPRINGS AD HOC) CHARTER REVIEW COMMITTEE." MOTION
BY COMMITTEE MEMBER SCHWARZ. SECONDED BY COMMITTEE
MEMBER POE. DISCUSSION.
CHAIRPERSON LACEY STATED, "MS. SCHWARZ MADE THE MOTION
THAT I GIVE A VERBAL REPORT AT THE NEXT MEETING."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE
MEETING — MARCH 4, 2010
PAGE 21 OF 21
VOTE:
COMMITTEE MEMBER TRAEGER: NAY
COMMITTEE MEMBER CARROLL: NAY
CHAIRPERSON LACEY: AYE
COMMITTEE MEMBER POE: AYE
COMMITTEE MEMBER GLAZIER: AYE
COMMITTEE MEMBER RYSER: AYE.
COMMITTEE MEMBER ACHA: NAY
COMMITTEE MEMBER KING: NAY
COMMITTEE MEMBER SCHWARZ: AYE
MOTION CARRIED.
Further comments followed on the proposed report to the City Commission.
Attorney Garganese distributed to the Committee Members, "Comparison Worksheets
Articles VII. — VIII. ".
Discussion.
VII. ADJOURNMENT
NEXT MEETING: Thursday, March 18, 2010 - 7:00 P.M.
Chairman Lacey adjourned the Meeting at 9:30 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.