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HomeMy WebLinkAbout2026 02 09 Regular 502 - Discussion on Charter Review CommitteeREGULAR AGENDA ITEM 502 CITY COMMISSION AGENDA | FEBRUARY 9, 2026 REGULAR MEETING TITLE Discussion on City Charter Review Committee SUMMARY The C ity C ommission has previously adopted a resoluon to formally establish an ad hoc charter review commiee to periodically conduct a comprehensively review of the City C harter to determine whether updates and changes are recommended. T he resoluons were adopted to provide structure, reporng, and melines to complete the process. The resolution establishing the committee is the first step in a multiple step process. The charter review and/or amendment process conducted by the C ity, as an organizaon, is an issue for the C ity C ommission to decide in its reasonable discreon. Any proposed charter amendments resulng from the Commiee's work is typically submied to City Commission in the form of a wrien report with recommendaons. The City C ommission then considers the report and recommendaons to determine whether to propose any charter amendments to the voters. I n order for the C ity C ommission to propose a charter amendment, F lorida law requires the C ity C ommission to adopt an ordinance which includes the proposed text amendments to the City Charter, the referendum question, and election schedule. F or reference, Resoluons 2000-27 and 2010-04 are aached to this item which established the previous committees. The C ommission directed staff to prepare a resoluon establishing a C harter Review C ommiee at the O ctober 27, 2025 C ommission M eeng with the goal to place any proposed changes on the 2028 ballot. At that same meeng it was proposed in the agenda item that the C ity C ommission appoint a C harter Review C ommiee based on the makeup of the D istricng C ommission as follows: The C ity Commission shall appoint seven (7) city electors determined from the registraon of the last regular elecon, one (1) to be appointed by each commissioner from their respecve district, and two (2) appointed by the mayor from the city at large, who shall comprise the Charter Review C ommiee. Electors chosen shall not be employed by the city in any other capacity. If approved by the C ommission, a resoluon will be prepared and brought back for approval. B efore a dra8 resoluon can be prepared and presented to the C ity C ommission for a vote, staff is seeking clarification on the following considerations: 191 1. D oes the C ity C ommission agree with the previously proposed appointment process based on the existing Districting Commission process? 2. D oes the C ity C ommission want the C ity Aorney and City C lerk to act as facilitators for the Charter Review Commiee or should the C ity retain an outside experienced facilitator? 3. A re there specific C ity C harter provisions which the Commission wants the Commiee to evaluate and make recommendaons on in the course of their comprehensive review? 4. What is the deadline for the C ommiee's final report taking into consideraon that the C ity C ommission has previously expressed any proposed amendments will be presented to the voters during the 2028 election cycle? 5. Scheduling can be complicated especially before appoinng C ommiee members. C ommiee members and technical staff will need to be consulted about scheduling once C ommiee members are appointed. Further, conflicts with other C ity board meengs will need to be considered to avoid conflicts. Does the C ommission have any expectations regarding scheduling that should be incorporated into the resolution? FUNDING SOURCE N/A RECOMMENDATION Staff requests the City Commission review the listed considerations, discuss, and provide further direction. 192 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: 193 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 Responsibility: 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 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 of 4 194 Organizational Chart I PUBLIC I Mayor Commission Project Liaisons 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 TeamlPublic 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 TeamlPublic Meeting a) Project Team Review of 2nd Draft b) Public Meeting on Second Draft c) Project Team Debriefing Page 3 of4 195 VIII. Session 4 - Project TeamJPublic 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 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. Paul P. Partyka, Mayor ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Page 4 of 4 196 RESOLUTION NUMBER 2010 -04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR A FORMAL PUBLIC PROCESS TO CONDUCT A COMPREHENSIVE REVIEW OF THE CITY CHARTER FOR PURPOSES OF DETERMINING WHETHER AMENDMENTS SHOULD BE PROPOSED TO THE CITY ELECTORATE DURING THE 2010 GENERAL ELECTION; PROVIDING FOR THE ESTABLISHMENT OF A "WINTER SPRINGS AD HOC CHARTER REVIEW ADVISORY COMMITTEE "; PROVIDING A PUBLIC REVIEW PROCESS; PROVIDING FOR TECHNICAL ASSISTANCE AND OTHER TERMS AND CONDITIONS NECESSARY TO CONDUCT AN ORDERLY AND WELL - INFORMED CHARTER REVIEW PROCESS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida was established by the Florida Legislature in 1959 and operates pursuant to its City Charter; and WHEREAS, the City Charter has been amended from time to time as the governance of the City has evolved; and WHEREAS, 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, in 2001, the City Commission established a comprehensive charter review process for purposes of modernizing the City Charter consistent with the Model City Charter, 7th Edition, promulgated by the National Civic League; and WHEREAS, in 2001, the City Commission proposed to the electorate of the City of Winter Springs approximately 23 amendments to the City Charter to modernize the governance of the City of Winter Springs; and WHEREAS, the approximate 23 amendments were approved by the electorate of the City of Winter Springs and became law pursuant to the Florida Constitution and the Florida Municipal Home Rule Powers Act; and WHEREAS, since the last comprehensive City Charter review process in 2001, the National Civic League published the 8 Edition of the Model City Charter in 2003; and WHEREAS, there has been an expression of interest among City Officials and members of the public that the City Charter should be reviewed for purposes such as determining whether the Model City Charter, 8 Edition offers any additional suggestions and guidance that may be helpful to further modernize the City Charter of Winter Springs, and evaluating certain governance issues identified by the City Commission; and 197 WHEREAS, the City Commission desires to appoint an ad hoc committee to conduct the City Charter review process and to determine whether or not additional charter amendments should be recommended to the City Commission for proposal to the electorate of Winter Springs; and WHEREAS, the City Commission desires to provide an open, objective, and deliberative process that will afford the public ample opportunity to participate in the City Charter review process; and WHEREAS, the City Commission hereby finds that this resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Winter Springs, Florida as follows: SECTION I. Establishment Of A Charter Review Committee; Meetings. a) The City Commission hereby establishes a temporary ad hoc committee for purposes of conducting a comprehensive review of the City Charter in accordance with the terms and conditions of this Resolution. The committee shall be called the "Winter Springs Ad Hoc Charter Review Committee." (Charter Review Committee). The Charter Review Committee shall consist of no more than eleven (11) members, who shall be registered electors of the City of Winter Springs. The Mayor shall appoint one (1) member at- large, subject to ratification by majority vote of the City Commission. Each City Commissioner shall appoint two (2) members, subject to ratification by majority vote of the City Commission. No alternates shall be appointed. Vacancies shall be filled in the same manner as the original appointment to the extent deemed necessary by the City Commission. Prior to any appointment being considered final, each member of the Charter Review Committee shall be required to complete the standard City Advisory Board and Committee Application. Upon appointment, each member of the Charter Review Committee shall serve at the pleasure of the City Commission until the Charter Review Committee's work has been completed and the City Commission has accepted the Committee's final report. Each member of the Charter Review Committee shall serve without compensation. b) Meetings of the Charter Review Committee shall be duly noticed and held public meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m. during the workweek. A portion of each meeting will be reserved for taking public input relevant to issues being considered during the City Charter review process outlined in this Resolution. The agendas, minutes and a record of the proceedings and decisions of the Charter Review Committee shall be kept and filed with the City Clerk in the same manner as those kept and filed for the City Commission. c) The first order of business for the Charter Review Committee shall be to elect a chairperson and vice chairperson. The chairperson shall be responsible for running the meetings. In the absence of the chairperson, the vice chairperson shall run the meetings. Roberts Rules City of Winter Spring. rlorida Resolution Number 2010 -04 Page 2 of 5 198 shall serve as guide to running the meetings of the Charter Review Committee to the extent not in conflict with this Resolution. A majority of the total Committee members appointed shall constitute a quorum. d) The Charter Review Committee shall act by majority vote. However, the Charter Review Committee may reference and explain in the final report minority opinions /positions which obtained the vote of at least four (4) members of the Committee. SECTION II. Charter Committee Responsibilities. a) The Charter Review Committee shall conduct a comprehensive review of the existing City Charter for the primary purpose of: 1) The Committee shall evaluate and make a recommendation on whether the provisions of the City Charter are substantially consistent with the Model City Charter, 8 Edition, published by the National Civic League, and if not, whether the City Charter should be amended to be substantially consistent with the Model City Charter, 8 Edition or remain the same. 2) The Committee shall evaluate and make recommendations on the following City Charter provisions specifically identified by the City Commission: i) Election and Terms. Section 4.03(a) provides that the terms of the mayor and commissioner shall begin the first Monday after the first day of December of each year an election is held. Particularly, should the time period between the Mayor /Commission election in November and the commencement of the term of office be eliminated or shortened? Further, if the time period is not eliminated, should the City Commission's authority during that time period be restricted or limited in any way? ii) Mayor. Section 4.05 provides the Mayor have the power to veto ordinances. Should the Mayor also have the power to veto certain or all resolutions adopted by the City Commission? iii) City Manager. Section 5.03 (8) requires the City Manager to keep the commission fully advised as to the financial condition and future needs of the City. Should this provision be amended to require the City Manager to provide periodic financial reporting to the City Commission (e.g. quarterly)? iv) City Clerk; City Manager; City Attorney (Charter Officers). Sections 4.10; 5.01; and 6.02 require a super- majority vote of four (4) out of five (5) members of the City Commission to hire and terminate the City Clerk, City Manager, and City Attorney. Should these sections be amended to require either a simple majority vote of three (3) members of the City Commission to hire and terminate the City Clerk, City Manager, and City Attorney, or alternatively, to require a super- majority vote to hire and a simple majority to terminate? City of Winter Spring. Honda Resolution Number 2010 -04 Page 3 of 5 199 v) Transfer of Budget Appropriations. Section 7.07(d) provides that the City Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Should this section be amended to require that the City Commission establish guidelines for said transfers? 3) The Committee shall also be free to propose any amendments to the City Charter that are not addressed in subparagraphs (2) and (3) above. b) Upon conclusion of its review of the City Charter, the Charter Review Committee shall prepare and approve a final written report which shall identify all proposed charter amendments (if any) and the reason for said proposals. The final report shall also include a recommendation on each of the City Charter provisions specifically identified by the City Commission in Section II, (2), (i) through (v) of this Resolution. The final report shall be completed no later than May 30, 2010 unless additional time granted by the City Commission. c) The final report of the Charter Review Committee shall be presented to and reviewed by the City Commission at least once at either a regular City Commission meeting or workshop specially called for that purpose. The report shall be nonbinding on the City Commission. If the City Commission determines that any of the proposed amendments in the report should be submitted to the electorate for a vote, the City Commission shall direct the City Attorney to prepare an ordinance for the City Commission's consideration that will call for a referendum to be held regarding the amendment(s) in accordance with law. The referendum will be held at the City's next General Election, which is scheduled for November 2, 2010, or as soon thereafter as possible. SECTION III.City Attorney The City Attorney is hereby authorized to serve as the project facilitator for the Charter Review Process, and shall be responsible for designing and implementing an orderly presentation and review of the City Charter before the Charter Review Committee in accordance with the requirements of this Resolution. The City Attorney shall also provide legal guidance to the Committee, and assist the Committee with coordinating and facilitating the Committee's meetings and drafting the final report. SECTION IV. Other Technical Resources. a) The City Manager, City Clerk, and Department Heads shall also serve as technical advisers to the Charter Review Committee, and shall assist in drafting the final report. b) The City Clerk shall provide administrative assistance to the Charter Review Committee and shall be responsible for noticing meetings, preparing minutes, and archiving all public records. SECTION V. This Resolution shall take effect immediately upon its final passage and adoption by the City Commission. City of Winter Spring. Florida Resolution Number 2010 -04 Page 4 of 200 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Special Meeting duly assembled on the 25 day of January, 2010. In witness whereof, I have hereonto- sit: my hand and caused this seal to be affixed. 6 6/4", J N F. BUSH, Mayor ATTEST: I) , ' A fP LORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: 1 3 -------- ANTHONY A. GARGANESE, City Attorney City of Winter Spring. Florida Resolution Number 2010 -04 Page 5 of 5 201