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HomeMy WebLinkAbout2000 09 26 Other Handout by Staff SEPTEMBER 26, 2000 HANDOUT BY STAFF AT 7:00 PM MEETING. SPECIAL EDITION WINTER SPRINGS CHARTER REVIEW CHARTER REVIEW PROJECT: On August 28, 2000 the Winter Springs City Commission adopted Resolution 2000-27 authorizing the Winter Springs Charter Review Project including the project team, process, and schedule. PURPOSE: The purpose of the Charter Review Project is to provide an objective, disciplined and professional process for updating and modernizing the city's charter with broad-scale citizen participation. The National Civic League, a nationally respected not-for-profit association of local government scholars, practitioners and interested citizens, dedicated to the continuing reform of state and local government, states: "Faulty governmental machinery is responsible for more governmental ills than most people suspect. Other things being equal, the better the charter the better the government" The City Charter has not received an overall review since 1981. Some citizens and public officials have stated the need for a review. The Charter Review Project will address these concerns and bring the charter up to date with current law and recognized best practices of municipal governance. PUBLIC PARTICIPATION: It is the intent ot tne Commission to provide for broad scale public awareness and participation. This will be accomplished through: ~Utilization of a Citizen Advisory Committee ~Publicized open meetings ~Creation of a Special Charter Review Project website. ~ Publicized public education workshops. ~Citizen access to written reports. ~Objective consideration of written and oral proposals from the public. OBJECTIVE. DISCIPLINED. AND PROFESSIONAL PROCESS: It is the intent of the Commission to provide an objective, disciplined and professional process for reviewing the charter in such a manner that it will not be controlled by any special interest group. In order to accomplish these objectives the Commission has taken the following actions: ~ Placed management of the Charter Review Process in the University of Florida Institute of Government. ~ Vested the responsibility for the formulation of recommendations for improving the current city charter in a Citizen Advisory Committee made up of six outstanding local citizens. ~Provided the Citizen Advisory Committee with a Technical Assistance Team made up of a superlative group of experts in the field of local government management. ~Adopted Resolution 2000-27 specifying how the charter review process is to be carried out, and specifying the roles and responsibilities of the project team members. ~Mandates that Charter improvement recommendations must be consistent with the Model City Charter prepared by the National Civic League, which is recognized nationally as the ideal template for City Charters. ~ PROJECT TEAM RESPONSIBILITY: The Project Team is made up of three components: the Project Coordinator, Charter Review Advisory Committee, and Technical Assistance Team. The Project Team is responsible for developing and making recommcndations to the City Commission for updating and modernizing the City Charter consistent with the Model City Charter prepared by the National Civic League. Charter Review Advisory Committee: The Chartcr RCVlcw Advisory Committcc is made up of the following rcsldents of Wintcr Springs: Frank Adams Engineer. United Stales Department of Defense. Honorable Tom Freeman Judge, Scminole County Circuit Court. Donald Gilmore Engineer, Siemens Westinghouse Power Corporation. Sally McGinnis Licensed Community Association Manager, Paine Anderson Properties, Inc., Member, Winter Springs Board of Adjustments. Robert Ori CPA, President, Public Resource Management Group, Inc. William Reischmann Attorney, Stenstrom, Mcintosh, Colbert, Whigham & Simmons P.A. City Attorney, Orange City, Florida. September 26. 2000 - Charter Review Kick-off Public Workshop: The first public meeting of the Charter Review Project will be held at 7:00PM, September 26, 2000 in the Council Chambers of City Hall. Citizen Proposals: All persons wishing to present Charter Amendment proposals are encouraged to present them in writing no later than October 4, 2000 to Marilyn Crotty, Central Florida University Institute of Government, 36 West Pine Street, Suite 204, Orlando, FL 32801. If this is not feasible, you may present written or oral proposals at the September 26,2000 Kick-off Public Workshop. For Additional Information: If you feel you need additional information call Project Coordinator Marilyn Crotty at 407-317-7745, City Manager Ronald W. McLemore at 407-327-5957, or visit the Charter Review Project Website at www.winterspringsfl.org/chartercommittee.htm CHARTER REVIEW SCHEDULE MEETING AND WORKSHOPS September 26,2000 5PM City Hall Project Team - Orientation September 26,2000 7PIVI City Hall Public Workshop - Orientation October 11/12,2000 4PM City Hall Project Team - Issue Analysis October 11/12,2000 7PM City Hall Public Input - Issue Analysis October 11/12,2000 8PM City Hall Project Team - Issue Analysis November 14,2000 4PM City Hall Project Team - Draft Charter Review November 14,2000 7PM City Hall Public Input - Draft Charter Review November 14,2000 8PM City Hall Project Team - Draft Charter Review January 17,2001 7PM City Hall Public Workshop Presentation of Charter to Commission and Public February 12,2001 6:30PM City Hall Public Hearing - 1st Reading Charter Amendment Ordinance February 26,2001 6:30PM City Hall Public Hearing - 2nd Reading Charter Amendment Ordinance March/April,2000 Time, Dates and Places to be announced Public Education Workshops *May,2000 Date to be announced Referendum * The May 200 I referendum date is contingent upon the county's decision to schedule a referendum on re-authorization of the I-cent Local Option Infrastructure Sales Tax. If the county does not set the referendum on this date the city Commission will establish a special election date for the Charter Referendum. ** If meeting schedules are changed public notice will be given via posting at City Hall, newspapers and the city web page address www.winterspringsfl.org/chartercommittee.htm. CHARTER REVIEW PROJECT GOAL Our goal is to improve your city's effectiveness and to encourage participation in your city government through improvements in the City Charter. What is a local charter? . It is the basic law that defines the organization, powers, functions and essential procedures of your city government. It is comparable to the state constitution and to the constitution of the United States. The charter is, therefore, the most important single law of any local government. . Even the best officials are handicapped or frustrated in their endeavors to improve public services by ill-advised or out-of-date charters. . Good men and women are reluctant to accept office in an unworkable system and are attracted to one which is well organized and effective. Othcr things being equal, the better thc charter the better the government. NATIONAL CIVIC LEAGUE ~ BROWN, WARD, SALZMAN & WEISS, P.A.. ATTORNEYS AT LAW Usher L. Brown · John H. Ward · Gary S. SaIzrnano Jeffrey S. Weiss Suzanne D' Agresta Anthony A. GarganescO Scott D. Danahy James G. Vickaryous Allison Carmine McDonald Alfred Truesdell Anhur R. "Randy" Brown. Jr. 1 II North Orange Ave., Suite 875 Post Office BOl( 2873 Orlando, FL 32802-2873 (407) 425-90566 (407) 425-959~J'AX . EmaiJ: firm@orlandolaw.net Websitc: www.orIandolaw.net · Board Cutititld Civil Trial Uwyt:T o Boud Certified Business Litig-~lion Lawyer a Board Certified City. County & u.cal Governll1ent Law September 26, 2000 Via Facsimile and U.S. Mail Charter Review Committee City of Winter Springs 1126 E. Stato Road 434 Winter Springs, FL 32708-2799 Re: Introduction and Sunshine Law Members of the Charter Review Committee: Congratulations on being appointed to the City of Winter Springs Charter Review Committee ("Committee"). As members of the Committee, you are about to embark on a comprehensive review ofthe City of Winter Springs Charter. Under the directive ofthe City Commission. you are required to bring forth recommendations to update the City Charter consistent with Resolution No. 2000-27. The Charter Review process is of extreme importance to the operation of the City's governmental affairs. The City Charter is the organic law upon which the City of Winter Springs government is established lmd is ultimately promulgated by the people of Winter Springs by referendum to cover matters pertaining to the local civil government ofthe City. It is. thereforet a tremendous honor and responsibility for you to be a member of the Committee and to recommend changes to the City Charter. Your recommendations will have a profound impact on city government in Winter Springs. I am. confident that each Corrunittee member's contribution to the Committee will be extremely valuable to our community and. as the City Attorney, it is with great pleasure and anticipation that I look forward to assisting the Committee. As a member of the Commi.ttee, you should be aware that the Committee is subject to the Florida Sunshine Law. Therefore, the discussions, deliberations, and formal actions of the Committee and its members must be conducted during a public meeting in accordance with the ~'n Charter Review Committee September 26, 2000 Page 2 Sunshine Law. The Sunshine Law applies to any gathering, whether formal or casual, of two Or mOre members of the Committee to discuss some matter on which foreseeable action will be taken by the Committee. Thus, all functions of the Committee and its members, which relate to the affairs and duties of the Committee, must occur at a duly advertised and held public mee4n,g of the Committee. City Staff will insure that proper notice is given of the Committee meotings. Committee members, however, are not prohibited under the Sunshine Law from meeting together socially, provided that matters which may come before the Committee are not discussed at such meetings. Moreover, Committee members will normally be permitted to meet with members of the technical advisory staff and other non-committee members individually to discuss Committee business, but you should only do so when other Committee members are not present. r suggest the Committee members follow this simple rule: Members of the Committee should refrain from communicating among themselves on issues pending before the Committee, unless those communications occur at a duly held public meeting of the Charter Review Committee. Again, I wish to congratulate you on your appointment to the City of Winter Springs Charter Review Committee. I look forward to assisting you in successfully accomplishing the task assigned by the City Conunission. Please do not hesitate to contact me should you have any questions regarding the Sunshine Law or any other issue relative to serving on the Charter Review Committee. AAG:mw cc: Ronald McLemore, City Manager F:\DOCS\City of Wlntet SprinGS\Oen~ral\(:h.aru:r Rt:view Committce\Com:>1'ondencelMembcnr.l\l'.09.26.00.mw \., RESOLUTION 2000-27 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CHARTER REVIEW ADVISORY COMMITTEE, SETTING OUT RESPONSIBILITIES, AND REPORTING REQUIREMENTS. WHEREAS, in 1981 the Charter of the City of Winter Springs, Florida was adopted by referendum, and WHEREAS, the Charter has from time to time been amended, and WHEREAS, there are certain provisions of the Charter that have been challenged relative to interpretation of its provision, and WHEREAS, there has been an expression of interest among City Officials and members of the public for a review and modernization of the Charter, and WHEREAS, as the "Model City Charter", as researched and published by the National Civic League has provided the template for City Charters since publication of its first Model City Charter in 1899, and WHEREAS, the seventh edition of the "Model City Charter" as updated and published by the National Civic League in February 1989, is the most current template for City Charters, and WHEREAS, the Winter Springs City Charter has not been reviewed for consistency with the current "Model City Charter", and WHEREAS, it is the desire of the Winter Springs City Commission to have the current Winter Springs City Charter reviewed for consistency with the current "Model City Charter", and WHEREAS, the Winter Springs City Commission desires to provide an open, objective, and deliberative process to provide ample opportunity for the public to participate in the City Charter amendment process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, AS FOLLOWS: , ~ . ,. Section I. Committee: There is hereby established the City of Winter Springs Charter Review Advisory Committee, which shall be an ad-hoc committee composed of six members, appointed one each by the Mayor and City Commission. The members shall serve for the duration of the Committee as provided herein. Section II: Committee Responsibilities: The Committee shall have the responsibility for working with the technical resource team reviewing the City's existing City Charter and providing recommendations to the City Commission for modernizing the existing City Charter in order to be consistent with the seventh edition of the "Model City Charter" published by the National Civic League. In their review the Committee shall not make recommendations relative to changing the current form of government from the Commission- Manager form, but shall determine what changes need to be made, if any, to make the City's current form of Commission-Manager government consistent with the provisions provided for in the seventh edition of the "Model City Charter" published by the National Civic League. All meetings of the Committee shall be open to the public as provided by Florida Law. Section III. Technical Resource Team: There is hereby established the Technical Resource Team which shall be made up of three highly competent professional members whose area of expertise and experience include local government charters, codes and administration. Technical Resource Team Responsibilitv: The responsibility of the Technical Resource Team shall be to review the current Charter, to review public input, to assist the Citizens Advisory Committee in analysis of the Charter and public input and formulating Charter Amendment recommendations, to publish recommendations for updating the Charter consistent with the seventh edition of the "Model City Charter", and publish on behalf of the Charter Committee a final report to the City Commission. In addition, the Technical Resource Committee shall publish an exception report with the City Commission highlighting any recommendations of the Charter Review Committee which in its professional judgement are not consistent with the seventh edition of the "Model City Charter" or may not be in the direct best interest ofthe citizens of Winter Springs. Project Coordinator: The City Commission shall contract with the Institute of Government at the University of Central Florida to coordinate the Charter Review process on behalf of the City of Winter Springs. Duration of Project: The Charter Review Committee shall present its final report and recommendations to the City Commission no later than the first meeting in February of2001, which is the meeting of February 12,2001. Page 2 of4 Organizational Chart PUBLIC Mayor Commission Project Liajsons City Manager City Attorney Project Coordinator Technical Charter Resource Review Committee Advisory Committee Process: The Charter review process shall be as follows: I. Adoption of Resolution II. Agreement with CFU III. Employment of Technical Team IV. Appointment of Citizen Committee V. Session 1- Full Project TeamJPublic Meeting a) Technical Team Meeting b) Project Team Orientation c) Public Meeting 1) Overview of Process 2) Public Input 3) Call for Position Papers d) Project Team Debriefing VI. Session 2 - Full Project Team a) Project Team Meeting b) Review of Draft 1 c) Consensus on Provision Alternatives VII. Session 3 - Full Project TeamIPublic Meeting a) Project Team Review of 2nd Draft b) Public Meeting on Second Draft c) Project Team Debriefing Page 3 of 4 VIII. Session 4 - Project TeamlPublic Meeting a) Presentation of Final Report to Mayor andCommission b) Public Input c) Commission Direction to staff. d) Charter Amendment Referendum Ordinance _, First Reading e) Charter Amendment Referendum Ordinance _, Second Reading . IX. Public Workshop 1. Tuscawilla 2. Oak Forest/Hacienda 3. Highlands 4. Any Other Locations Required By The City Commission X. Referendum ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 28th day of August .. 2000. ATTEST: ~~jL G~-~P p. ndrea Lor~z -: uaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR. CITY OF WINTER SPRINGS ONLY: Page 4 of 4