Loading...
HomeMy WebLinkAbout2006 01 09 Regular 301 Resolution 2006-05, Amendments to the Seminole County Charter Review COMMISSION AGENDA ADD-ON ITEM 301 Regular January 9. 2006 Meeting REQUEST: The City Manager requests that the City Commission consider approval of Resolution 2006-05 which proposes to the Seminole County Charter Review Commission two (2) amendments to the Seminole County Home Rule Charter related to preserving Municipal Home Rule and providing adequate time to publicly debate future charter amendments proposed by the Seminole County Board of County Commissioners. PURPOSE: The general purpose of this Resolution is to propose amendments to the Seminole County Home Rule Charter that promote good local government by preserving municipal home rule and providing adequate time to publicly debate future charter amendments proposed by the Seminole County Board of County Commissioners before said amendments are formally voted on by the voters. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Seminole County Home Rule Charter Page 1 of 2 CONSIDERATIONS: 1. Pursuant to Seminole County Home Rule Charter Section 4.2 (B), the County Commission is required to appoint a Charter Review Commission every six (6) years to evaluate whether it is advisable to propose any amendments to the Seminole County Home Rule Charter. 2. The Charter Review Commission is currently holding public hearings regarding the whether its is advisable to recommend changes to the Seminole County Home Rule Charter at the November 2006 general election. 3. The Charter Review Commission is required to deliver any proposed changes to the Charter to the County Commission no later than 90 days prior to the general election. 4. This is the appropriate time for the City Commission to propose amendments to the Seminole County Home Rule Charter given that the Charter Review Commission is currently in session and considering proposals to change the Seminole County Home Rule Charter. S. The preservation of Municipal Home Rule in Seminole County and providing adequate time to publicly debate future charter amendments proposed by the Seminole County Board of County Commissioners before said amendments are formally voted on by the voters are two issues worthy of public discussion and appropriate for the citizens of Seminole County to consider placing in the Seminole County Charter. STAFF RECOMMENDATION: The City Manager recommends that the City Commission consider proposing the two Seminole County Home Rule Charter Amendments set forth in Resolution 2006-05 to the Seminole County Charter Commission. ATTACHMENT: 1. Resolution 2006-05 2. Excerpt of Seminole County Home Rule Charter, Section 4.2 (B) COMMISSION ACTION: The City Commission bas previously discussed with the City Manager and City Attorney the possibility of proposing changes to the Seminole County Home Rule Charter that preserve Municipal Home Rule in Seminole County. Page 2 of 2 RESOLUTION NO. 2006-05 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, PROMOTING GOOD LOCAL GOVERNMENT BY PROPOSING AMENDMENTS TO THE SEMINOLE COUNTY HOME RULE CHARTER WHICH WOULD REQUIRE THE BOARD OF COUNTY COMMISSIONERS TO PROPOSE FUTURE SEMINOLE COUNTY CHARTER AMENDMENTS AT LEAST 90 DAYS PRIOR TO A GENERAL ELECTION AND PRESERVING MUNICIPAL HOME RULE AUTHORITY; PROVIDING THAT THE PROPOSED CHANGES BE DELIVERED TO THE SEMINOLE COUNTY CHARTER REVIEW COMMISSION AND RESPECTFULLY REQUESTING THAT THE COMMISSION PLACE THE PROPOSED AMENDMENTS ON THE BALLOT FOR CONSIDERATION BY THE VOTERS OF SEMINOLE COUNTY; PROVIDING THAT THE PROPOSED CHANGES BE DELIVERED TO EACH MUNICIPALITY WITHIN SEMINOLE COUNTY AND RESPECTFULLY REQUESTING THAT THE MUNICIPALITIES OFFlCIALLY DECLARE THEIR RESPECTIVE SUPPORT FOR THE PROPOSED AMENDMENT'S; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTI0N, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b). Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the general purpose of this Resolution is to propose amendments to the Seminole County Home Rule Charter that promote good local government by preserving municipal borne role and providing adequate time to publicly debate future charter amendments proposed by the Seminole County Board of County Commissioners before said amendments are formally voted on by the voters; and WHEREAS, the City Commission finds that the preservation of municipal home rule gives effect to the fundamental American democratic principle that the closer those who make and execute laws are to the citizens they represent, the better are those citizens represented and governed in accordance with democratic ideals; and WHEREAS, Vision 2020, Seminole County Comprehensive Plan.. states that the County City of Winter Springs Resolution 2006- 5 1 'Wishes to foster better coordinated land use planning with the Cities in Seminole County and that Seminole County is striving to enter into Joint Planning Agreements with the cities; and WHEREAS, Vision 2020 also provides that one of Seminole County's tasks is to strive to implement collaborative planning and to jointly plan growth in Seminole County in order to achieve livable or sustainable communities for generations to come; and WHEREAS, the City of Winter Springs has adopted an Intergovernmental Coordination Element in its Comprehensive Plans that provides that Winter Springs will strive to enhance interlocal government coordination on various issues that may affect them; and WHEREAS, the City of Winter Springs desires to enhance intergovernmental cooperation and coordination between the City and Seminole County and other municipalities; and WHEREAS, the City Commission strongly desires that Seminole County and its municipalities continuously strive to cooperate and find common ground in establishing laws and policies that may have county Wide effect and that such laws and policies should not be unilaterally imposed on municipalities by the county without the consent of the governing board of the municipality or a separate vote of the voters in the municipality; and WHEREAS. the City Commission also strongly desires that future Seminole County charter amendments proposed by the Board of County Commissioners should be adopted at least ninety (90) days in advance of a general election in the same manner as charter amendments proposed by citizen initiative and the Seminole County Charter Review Commission in order to afford the public and municipalities ample time to publicly participate in the charter amendment process before matters are formally placed on the ballot for approval; and WHEREAS, the City Commission of Winter Springs desires that all the municipalities in Seminole County support the charter amendments that are being proposed herein and that the Seminole County Charter Review Commission place the proposed charter amendments on the November 2006 ballot for approval by the voters of Seminole County. WHEREAS, the City Commission of Winter Springs also finds that this Resolution is in the best interests of the public health, safety) and welfare of the citizens of Seminole County. NOW THEREFORE. THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs, City of Winter Springs Resolution 2006- 5 2 Section 2. Proposed Amendments to the SeminoIe County Home Rule Charter, The City Commission ofWinter Springs hereby proposes the following amendments to Article I, Section 1.4 and Article IV, Section 4.2 of the Seminole County Home Rule Charter (underlined text is an addition to the existing text of the Seminole County Charter; Strikeout text is a deletion from the existing text of the Seminole County Charter, while asterisks (***) indicate a deletion from this Resolution of text existing in the Seminole County Chatter. It is intended that the text in the Seminole County Charter denoted by the asterisks and set forth in this Resolution shall remain unchanged): (A) ARTICLE L CREATION, POWERS AND ORDINANCES OF HOME RULE CHARTER GOVERNMENT. *** Section 1.4. Relation to Municipal Ordinances. A. Except as otherwise provided by this Charter, municipal ordinances shall prevail over County ordinances to the extent of any conflict. B. No existing or future county charter provision, shall be effective within or applicable to any municipality of the county unless the charter provision is approved by a majority vote of the electors within the county in accordance with Section 4.2 of this Charter and is also approved by the municipality's governing board or by a majority vote of the electors within the municipality in a binding referendum called by the municipality. C. No existing or future county ordinance or land development regulation shall be effective within or applicable to any municipalitv of the county. unless the ordinance or land development regulation is approved by a majority vote of the Board of County Commissioners or citizen initiative in accordance with section 2.2 (H) of this charter and is also approved by the municipality's governing board or by a majority vote of the electors within the municipality in a binding referendum called by the municipality. D. Notwithstanding the foregoing, county charter provisions and ordinances specifically related to the operation, maintenance, and financing of any county owned public facilities and improvements located within a municipality and administrative. or judicial functions of County government, including but not limited to.. Countv budget, dept obligations and the levy and collection of taxes, as well as specific enumerated subjects exclusively reserved to the Country's jurisdiction by state or federal law, shall not require the approval of the municipality's governing board or a majority vote of the electors within the municipality in a binding referendum called by the municipality in order to be effective within or applicable to a municipality. City of Winter Springs Resolution 2006- 5 3 NOTE: The bold italicize language "Except as otherwise provided by this Charter" is inserted for reference purposes because it was adopted by the voters on November 2. 2004, but declared invalid by Judge Alley on December 6, 2004 (Case No. 04-CA-2193-16-G), and is subject to an on-going appeal (Case No. 5DOS-81). (B) ARTICLE IV. HOME RULE CHARTER TRANSITION, AMENDMENTS, REVIEW, SEVERANCE, EFFECTIVE DATE. Section 4.2. Home Rule Charter Amendments. c. Amendments Proposed by the Board of County Commissioners. (l) No later than 90 days prior to any general election. *amendments to this Home Rule Charter may be proposed by ordinance enacted by the Board of County Commissioners by an affirmative vote of a majority of the membership of the Board of County Commissioners. Each proposed amendment shall embrace but one subject and matter directly connected therewith. Each proposed amendment shall only become effective upon approval by a majority of the electors of Seminole County voting in a referendum at the next general election. The Board of County Commissioners shall give public notice of such referendum election as required by general law. (2) If approved by a majority of those electors voting on the amendment at the general election, the amendment shall become effective on the date specified in the amendment, or, if not so specified, on January 1 of the succeeding year. Section 3. Repeal of Prior Inconsistent Resolution,. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith. are hereby repealed to the extent of the conflict, Section 4. Severabilitv. If any section. subsection, sentence. clause. phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision., and such holding shall not affect the validity of the remaining portions of this Resolution. Sectiop :5. Delivery of Resolution. The City Manager is hereby instructed to deliver a copy of this Resolution to the Seminole County Charter Review Commission,. Seminole County, and each municipality of Seminole County. City of Winter Springs Resolution 2006- 5 4 Section 6. Efftective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, ADOPTED by the City Commission of the City of Widter Springs, Florida, this day of January, 2006. John F. Bush, 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 City of Winter Springs Resolution 2006. 5 5 --. .--.. . . Seminole County Home Rule Charter, Section 4.2 (B) Amendments and Revisions by Charter Review Commission. (l) A Charter Review Commission consisting of 15 electors of the County shall be appointed by the Board of County Commissioners at least 12 months before the general election occurring in 1994 and at least 12 months before the general election every six years thereafter. Of the I5 members, at least one shall reside in each of the municipalities in the County and at least one shall reside in each County Commission district in the unincorporated area. The Charter Commission shall review the Home Rule Charter and propose any amendments or revisions which may be advisable for placement on the general election ballot. No member of the State Legislature. elected County or municipal officer, County Manager, County Department head, County Attorney or Manager, Anomey or Department head of any municipality shall be a member of the Charter Review Commission. Vacancies shall be filled within 30 days in the same manner as the original appointments. (2) The Charter Review Commission shall meet for the purpose of organization within 30 days after the appointments have been made. The Charter Review Commission shall elect a chairman and vice chairman from among its membership. Further meetings of the Commission shall be held upon the call of the chairman or a majority of the members of the Commission. All meetings shall be open to the public. A majority of the members of the Charter Review Commission shall constitute a quorum. The Commission may adopt such other rules for its operations and proceedings as it deems desirable. Members of the Commission shall receive no compensation but shall be reimbursed for necessary expenses pursuant to law. (3) Expenses of the Charter Review Commission shall be verified by a majority vote of the Commission and forwarded to the Board of County Commissioners for payment from the general fund of the County. The Charter Review Commission may employ a staff. consult and retain experts, and purchase, lease, or otherwise provide for such supplies, materials, equipment and facilities as it deems necessary and desirable. (4) The Charter Review Commission shall hold at least three public hearings at intervals of not less than 10 days nor more than 20 days on any proposed Charter amendment or revision. and no Charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Commission. (5) No later than 90 days prior to the general election, the Charter Review Commission shall deliver to the Board of County Commissioners the proposed amendments or revisions, if any, to the Home Rule Charter. and the Board of County Commissioners shall by resolution place such amendments or revisions on the general election ballot. If a majority of the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall become effective on. January 1 of the succeeding year or such other time as the amendment or revision shall provide. (6) lf it does not submit any proposed Charter amendments or revisions to the Board of County Commissioners at least 90 days prior to the general election, the Charter Review Commission shall be automatically dissolved. Otherwise, upon acceptance or rejection of the proposed amendments or revisions by the electors, the Charter Review Commission shall be automatically dissolved, Upon dissolution of the Charter Review Commission. all property of the Charter Review Commission shall thereupon become the property of the County.