HomeMy WebLinkAbout2000 09 26 Regular Item B 2000 09 26
A
City Manager Department
Regular Agenda Item "B"
August 28, 2000
COMMISSION AGENDA
ITEM B
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
8- 28-00
l\leeting
MGR';?~l /DEPT
Authori ation
REQUEST: City Manager requesting the Commission to review and consider for
adoption Resolution #2000-27 for a Charter Review Process and other matters related
to review of the City Charter.
PURPOSE: The purpose of this agenda item is to provide the Commission with a
process for reviewing the City Charter.
CONSIDERATION:
The City Commission has requested staff to provide the Commission with a process for
reviewing its City Charter.
The process provided for in Resolution #2000-27 employs the following:
1. Consistency with the Model Charter as written by the National Civic League.
2. Broad scale citizen input in both the identification of issues worthy of
consideration for submission to the electorate, and extensive public education
relative to the merits of the issues and chosen recommendations.
3. Top notch professional assistance to the Citizen Advisory Committee and the
City Commission.
4. An Objective and disciplined process.
The process provided for in Resolution #2000-27 was a product of Marilyn Crotty of the
University of Central Florida Institute of Government, the City Attorney, and the City
Manager.
City Manager Department
Regular Agenda Item "B"
August 28, 2000
The Commission will need to decide if it desires to complete the process in time for the May
2001 Local Option Sales Tax referendum being considered by the County or some other
time.
We are proposing approval of the Lead Consultant Jim Burgess. I have discussed Mr.
Burgess' credentials with you in the past. Mr. Burgess' credentials are attached for your
review. Mr. Burgess' credentials and credibility in this type of work are self-explanatory.
Mr. Burgess is available to begin work immediately if we are able to make a commitment
right away.
In the role of Lead Consultant Mr. Burgess will coordinate with the Project Coordinator,
facilitate and review all technical input, provide legal analysis, and publish draft and ftnal
reports.
FUNDING: It is anticipated that the process as provided in Resolution #2000-27 can be
completed for not more than $25,000. Mr. Burgess' fee will be $7,500 plus out-of-pocket
expenses. University of Central Florida fee will be $4,000 plus out-of-pocket expenses.
RECOMMENDATION:
1) The Commission review and consider for adoption Resolution #2000-27 with
amendments it might deem appropriate.
2) The Commission determine the time line in which the Commission would like to
complete the project.
3) The Commission review and consider for approval of Mr. Jim Burgess as the
Lead Consultant for the project.
4) The Commission authorize a supplemental appropriation of $25,000 General
from General Fund Revenues for implementing the Charter Review Process.
ATTACHMENTS:
1) Resolution #2000-27.
2) Jim Burgess Resume.
COMMISSION ACTION:
ATTACHMENT '~',
Resolution #2000-27
RESOLUTION 2000-27
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE
EST ABLISHMENT OF A CHARTER REVIEW ADVISORY
COMMITTEE, SETTING OUT RESPONSIBLITIES, 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.
Page I of4
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 Resoonsibilitv: 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 of
the citizens of Winter Springs.
Proiect 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 Proiect: The Charter Review Committee shall present its final report and
recommendations to the City Commission no later than , 2001.
Organizational Chart
PUBLIC
Mayor
Commission Project Liaisons
City Manager
City Attorney
Project
Coordinator
Technical Charter Review
Resource Advisory
Committee Committee
Page 2 of 4
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 Team/Public 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
VIII. Session 3 - Full Project TeamlPublic Meeting
a) Project Team Review of 2nd Draft
b) Public Meeting on Second Draft
c) Project Team Debriefing
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 ForestlHacienda
3. Highlands
x. Referendum
Page 3 of4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of .2000.
Paul P. Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
Page 4 of 4
ATTACHMENT "B"
Jim Burgess Resume
Education
1951-1955
1959-1960
1964-67
Experience
January l~ 1996 to
Present
July, 1983 to
Dec. 1995
RESUME
JAMES V. BURGESS, In..
University of North Carolina. Chapel Hill, NC. B.S. in
Business Administr~tion. Self-fmanced thcough
student employment at the MorChea4 Planetarium;
as an ~tronomy narrator and technician.
University of Pennsylvania, Philadelphia, P A. Wharton
Graduate School, Division of Business and Govern-
mental Administration. Master's Degree in Govern-
mental Adniinistrat:.on. Graduate with Distinction
(Class Rank No.1) Selffmanced with scholarship aid.
Woodrow Wilson College of Law, Atlanta, GA. Juris Doctor
of Law Degree; Magna cum laude graduate and
valedictorian. President, Senior Law Class. Law study
self financed.
Private Law Practice, City of Social Circle, Ga.
-.
Senior Associate~ Institute of Community and Area Development
and Institute of Government, the University of Georgia
Executive Director, tho Georgia Municipal Association. Director
of a statewide associa.tion of 430 cities with an annual operating
budget of $4.2 million and a staff of 52 employees. Major programs.
and accom.plishments:
- Long-range annual strategic plan.
- Joint annual city-county l~gislative program (First in nation).
- Automated legislative liaison and tracking program.
- $130 million munioipal lease pool program.
- New 25,000 square foot Association headquarters building.
- Expanded membership services~ with assets totaling $270 million.
- Expanded training programs for municipal officials through the
Municipal Training Institute.
- Leadership in establishing the Georgia Future
Communities Commission.
JAMES V. BURGESS, JR
(Continued)
. Unfunded Mandates Legislation.
· R.eCipient of 1he 1995 Georgia Key Citizen A ward.
1990-91 Merobet of State Blue Ribbon Commission on
Ethits and CQnu.:ni.ssion on Excellence in Education.
1990-91 Member of the Tl'I5k For<:e on Financing Bd'ltcatiOI\.
Georgia Part:nership for Excellence in Education. .
1967-1981
1988-89 Member of the go~ental task. force of the
Govemor's Gtowth Str~e5 Couuniuiolt.
1989 Recipient of the L. Howard Atherton A ward.
nus award recognizes outstanding service to Ceorgia's -_
local government&.
1988 Served as a consultant to the Union of
Munid.pallti~ of the Marmara Region (TJMMR), Istanbul,
Turkey, und.er wntract with the T1D'kish Special
PrognuIUlU! of ~ Organization for Economic Cooperation
and Devetopmen11 Paris, Fxcw:e. Reviewed. with member
mumdpalities the prop5$ of a self-development program
of this regional ot'ganiAtion,.. conducted an evaluation
seminar on &ttategtc planniItg for the region and submitted
a final report of recommendations for improvement.
19955erWd. as a ton&ultant to local govemmen~ in.~o.nia
as a mt:JI1bf:r of a team of representatives from the .Institute .
of Community and Area Deve).opment, University of
Georgia.
Pri'Vate Law Practice. Sole pmctitioner in general prac:ticf: of
law. Also, d.uring tbis period, served as'legislati~.li8l~
for Fulton County to the Georgia General Assembly.
President. Public Research andM~ent.
Inc.. CPRM)" Atlan~ GA. Owner and dired;or of a
management consulting and code publishing firm with
offices in Atlanta and Washington providing
management, planning, and (;ode rnision services
to approximately 600 nnmldpal and county
c:Uents.
1981.1983
2
JAMES V. BURGESS, JR
(Continued)
~~al ASSi~ents While Sel'vb'\g' as President of PRM
include:
· Special Consultant to Director of Intergovernmental
RelatioIlS Division, U.s. Department of Housing and Urban
DeVelopment, Washington, D.C. (1967-69).
· Associate City Attorney for Legislative Liaison, City of
Atlanta (1968-69).
· C01'l5ultant to National League of Cities to provide technical
usistance to state niunidpalleagues (1968-69).
~ Assistant to the Attorney General of Georgia in the
preparation of legislation to implement recotrimendations
of the Atlat;lta..Fulto1" County Study Commission (1977-78).
· Member of the wmmittee on revision of Cotulties and
MuniCipal CorporatioN Article of the Select Commin;ee on
ConstitutioMllWvision in Georgia (1980-81).
. Staff attorney to the Georgia Urban Task ~ (1981).
1963-1967
· Attorney and con&ultant to dty-county consolidation
commissions in Athens-Clarke County, Columbus--
Muscogee County, Brunswick.-GIynn County, Macon-Bibb
County, Albany...pougherty County, Savannah..chatham
County and Dalton-Whitfield County, Georgia; also, in, "
Durham-Durham County, NC; Gaineaville and Alaa\Ua
County, Florida; andr attorney to the City of Atlanta O1arter
Commission, Atlanta, Georgia.i
As~ate Director. Geoqpa Muniqpal Association.
Inc.. AQaD~ GA. Primarily responsible for GMA's re&earch
and training programs; assisted with state legislation Uaison
activities and. assisted the GMA Exec;utive Director With the
day~to-clay admi11i8tration of GMA pI'Ogram& and activities;.
including district rneetix18S and the annu.al conventiOIL
While employed by GMA, was appointed 'as a
representative of the National. Urban Information Ta6k
Po~ sponsored by the National League of Cities and-the
U.S. Conference of Mayors (1961).
3
JAMES V. BURGESS, JR.
(Continued)
19&-1%3"
1959-1962
Instructor. Institute of Law and Government and
Instityte of C9~tl'u.nitx Md Ate..! Development. Universi.tv
of Georgia. Athens. GA. Pl'ovid~d lnstructiw\ and. technical .
assistance to muniCipal and county officials throughout
Georgia. Areas included law, maIlaS1!:lItent" finance,
budgeting and pen;onnel admJI1.istratlon.
Field Consultant. 'North S:arolina L~~e of .
Munlcil'alities. Ralei~ Nr~ Conducted field visitationS and
worked with local qffi'cials on municipal problems suc~ as
community development,. annexatio~ utility extension
polities, budgeting'and finam:e.
TO"9VI\ Mana~1 Town of Valdese. N.e. Served as chief
.n:ecutive officer.
1958-1959
1957-1958
Assistant Ot;y Manager. City of Gastonia.l'!'.c.
Assisted city Il14Jlage.t' in administ1;itiori of day-to-day
operations.
1955-1957
U.S. Arm.)' - Artillery
MEMBERsHIPS AND ORGANIZA UONS
Sigma Delta Kappa Law Fraternity
Georgia Bar .Association
American" Bar Association
Past President Georgia Oaapter, hmerlcan Society for Public
Adxninistrati,on
Communlty .oevelopet'Sl Forum
American Society of Association EKecuti.ves
Southern. Munidpal Conference
, NLe Boatd ofDirectoa
University of Geo$ Public Service Advisory CouncU
mSON4INPOaMAllQN
Date & Place of 'Birth:
Married:
ChildX'erc
Lei$ure:
September 14,. 1932, Wasnmgton, D.C.
Madeline B. Burgess
Lucia. 'Beth and Vana:
Golf
4
o-.c:::.::r L"-J1C.J"-J ...J. .c:..wr ITI
I r'.WI'! J !o!'! L-lwr~,UL-......J~ J I U <-+1....14 -J.....WW
r-.Cl
James V. Burgess, Jr.
MUNICIPAL AND COUNTY CHARTER EXPERIENCE
1. City-<:ounty Consolidation and Intergoverrurental Relations.
Daytona Beach, Flori.da
CUmberland County, North Carolina
Bristol, Tennessee-Virginia
(Planning Conmission)
Gainesville-Alachua County,
Florida
Soutl1 Carolina Appalachian Regional
Planning Corrmissicn
Columbus-Muscogee, Georgia
arunswick~lynn County, Georgia
Athens-Clarke County, Georgia
Macon-Bibb County, Georgia
Dalton-whitfield, Geor-gia
Durharn-Purham COllnty, North Carol ina
Albany-Dougherty County, Georgia
SaV'annah-<::hatham County, Georgia
Brunswick.~ynn County, Georgia
Atlanta-Fulton County
Study Comnission
2. Charter Revisions and Legal Research.
Gainesville, Georgia
South Carolina Municipal
Association
An intergovernmental relations study.
An intergovernmental relations study.
An intergoverrurental relations study.
A city-county consolidation study.
p.nalysis of intergovern.mental
relations within the region.
A city-county consolidation stuqy.
A city-<nlnty consolidaticn study.
. A city-oounty consolidation study.
A city-oounty consolidation study.
An intergovez:nmental analysis of
service delivety to identify OYer'-'
lapping and duplicative services and
provide for alternative solutions.
A city-county consolidation study.
A city-<nunty cPnsolidation study.
A oity-county consolidation study.
An identification of. taxing districts
fQJ:' a possible coosolidated city-
county government.
EvaluatiCX'l of alternative city-
oounty service. deli very system;.
A revision of the city I s charter.
'. .
A contractual agree~t with the
association to revise and prepare codes
of ordinances for municipalities.
. .
~'C..J'<-''LJ .....,).L'-..tr IWI
I ~ut.1 ..J .1.1"1 WWr..UL-...J...J I IlL.) L+-WL+- -.J4ULJ
r-. I
. .
Pennsylvania Boroughs' Association
North Carolina League of
Municipalities
Georgia Municipal Association
Morganton, North Carolina
Maryland Municipal league
LaGrange, Georgia
Senoia, Georgia
Atlanta, Georgia
High Point, North Carolina
Calhoun, Georgia
Hapeville, Georgia
Raleigh, North Carolina
~con, Georgia
Athens, Georgia
Gretna, Virginia
Calhoun, Georgia
A contractual arrangen-ent with the
association to revise and prepare cx:xjes
of ordinances for boroughs.
A contractual arrangement with the league
to revise and prepare codes of ordinances
for municipalities.
A revisicn of Georgia State Statutes
with regard to municipal law revisions.
A revision of the city's charter.
Preparation and revision of the local
govert1l'rertt article of the proposed
Maryland State Constitution.
-:..
A revisioo of the city's charter.
A rev~ion of the . city's charter.
A revisioo of the city's charter.
A revision of the city's charter.
A revision of the city's chatter.
A revision of the city's charter.
A revisicn of the city's charter.
A revision of the city's charter.
A revisicn of the city's charter.
A revision of the city's charter.
A. revisicn of tOe city's charter.
-2-
\'- .
CHARTERRE~EWSCHEDULE
September 11, 2000 Commission Appoints Committee.
September 26,2000 Orientation
October 11, 2000 Issue Analysis
October 12,2000 Issue Analysis
November 14, 2000 Draft Charter Review
January 17,2001 Workshop - Committee Presentation of Charter
Recommendations to the Commission and Public
February 12, 2001 1"t Reading of Charter Amendment Ordinance
February 26,2001 2nd Reading of Charter Amendment Ordinance
February 28, 2001 Ordinance filed with Election Superintendent
March Public Education
April Public Education
May 8, 2001 Referendum
SESSION I
ORIENTATION
Council Chambers
Put:Pose: The purpose of this meeting is to introduce the project team to team members and to the
public; to review logistics and to familiarize the project teams and public with the charge of
Commission and study process as provided in Resolution 2000-27 and to call for written position
papers proposals.
Participants:
City Governing Body
Charter Review Committee
Project Facilitator
Project Liaisons
Lead Consultant
5:00PM
I. INTRODUCTION OF FACILITATOR
II. FACILITATOR COMMENTS
III. INTRODUCTIONS
IV. PROCESS OVERVIEW
a) Commission Charge to Committee
b) Decision Making (Consensus-Facilitator
c) Schedules - Times - Locations
V. SUNSHINE DISCUSSION
6:30PM
BREAK
7:00PM VI. PUBLIC WORKSHOP
a) Introduction of Facilitator
b) Introduction of Committee/Staff
c) Commission Charge to Committee
d) Process Overview
e) Call for Papers by October
f) Public Input
9:00PM
ADJOURN
Ronald W. McLemore
Marilyn Crotty
Marilyn Crotty
Marilyn Crotty
Anthony Garganese.
Ronald W. McLemore
Marilyn Crotty
Marilyn Crotty
Marilyn Crotty
Marilyn Crotty
Page 1 of3
SESSIONS II, III, IV, AND V
ISSUE ANALYSIS/RECOMMENDATION
Purpose: The Purpose of these four sessions is for the project consultants to provide the Charter
Review Committee with a detailed analysis of the existing Charter as compared with the Model
Charter, an analysis of the 13 Charter Amendments presented to the City, analysis of proposals
provided in position papers and public comments, to identify recommendation alternatives, and
receive direction provided by the Charter Committee as to chosen recommendations.
The analysis and recommendations will be provided through working draft memorandum.
Participants - Project Team Session:
Full Project Team
Participants - Public Meeting:
Full Project Team
Public
Rules:
All work sessions are Facilitators Lead. Decisions relative to recommendations are made by
consensus. Issues in which consensus recommendations cannot be accomplished are left on the
table until the final meeting. Unresolved issues will be concluded by vote at the last issue analysis
meeting.
4-6:30PM
PROJECT TEAM MEETING
I. Opening Remarks
II. Staff' Presentations
III Committee/Staff Discussions
IV. Committee Consensus and Direction to Staff
v. Closing Remarks
Marilyn Crotty
Jim Burgess
Marilyn Crotty
6:30-7:00PM
BREAK
7:00-7:45PM PUBLIC INPUT
I. Opening Facilitator Comments
II. Public Comment
III. Closing Facilitator Comments
Marilyn Crotty
Marilyn Crotty
7:45-8:00PM
BREAK
8:05-9:00PM PROJECT TEAM MEETING
I. Opening Facilitator Comment
II. Committee/Staff Discussions
III. Committee Consensus and Direction
IV. Closing Facilitator Comments
V. Adjourn
Marilyn Crotty
Page 2 of3
SESSION VI
DRAFT CHARTER
Pw:pose: The purpose of this session is to provide the committee and public with the Draft Charter
and to receive any final direction the Committee desires to provide.
Attendance:
Full Project Team
Public
Rules:
All work sessions are Facilitators Lead. Decisions relative to recommendations are made by
consensus. Issues in which consensus recommendations cannot be accomplished are left on the
table until the fmal meeting. Unresolved issues will be concluded by vote at the last issue analysis
meeting.
4:00-6:30PM PROJECT TEAM MEETING
I. Opening Facilitator Comments Marilyn Crotty
II. Staff Presentations Jim Burgess
III. Committee/Staff Discussions
IV. Closing Facilitator Remarks Marilyn Crotty
6:30-7:00PM BREAK
7:00-7:45PM PUBLIC INPUT
7:45-8:00PM BREAK
8:00-9:00PM PROJECT TEAM MEETING
I. Opening Facilitator Remarks Marilyn Crotty
II. Committee/Staff Discussion
III. Committee Consensus Directions to Staff
IV. Closing Facilitator Remarks Marilyn Crotty
V. Adjourn
Page 3of3