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Home My WebLink About2016 01 25 Regular 500 Districting Commission Appointments and Resolution 2016-02 COMMISSION AGENDA Consent Informational ITEM 500 Public Hearing Regular X January 25, 2016 MGR. /DEPT. Regular Meeting Authorization REQUEST: Pursuant to the requirements of the City Charter, the City Attorney requests: (1) Commissioner Cannon make an appointment to the Districting Commission subject to ratification and approval by the City Commission; and (2) the City Commission adopt Resolution 2016-02 formally establishing the 2016 Districting Commission and providing for the Districting Commission’s scope of duties and other administrative duties of City Staff for purposes adjusting the City Commission Voting District boundaries in accordance with the time frames imposed by the City Charter. SYNOPSIS: The City Charter requires the City Commission to establish a seven (7) person Districting Commission every three years for purposes of adjusting the city commission voting district boundaries in accordance with the provisions of the City Charter and other applicable law. There is one outstanding appointment to the Districting Commission that must be made by Commissioner Cannon. Once that appointment is made, the City Commission must adopt Resolution 2016-02 formally establishing the 2016 Districting Commission and setting forth the scope of duties of the Districting Commission and establishing other administrative duties of City Staff to assist the District Commission with completing its report within the 120 day time frame imposed by the City Charter. CONSIDERATIONS: 1. The purpose of this Agenda Item is two fold: (1) Commissioner Cannon must provide an appointment to the Districting Commission to complete the appointment process required by City Charter by February 1, 2016; and (2) the City Commission must adopt Resolution 2016-02 establishing the Districting Commission and related duties and deadlines. 2. Section 4.02 of the City Charter requires the City Commission to establish a Districting Commission every three years for purposes of adjusting the City Commission Voting District boundaries. Resolution 2016-02 formally appoints members to the Districting Commission and establishes the time frames for the Districting Commission to complete its report to the City Commission. The Resolution also provides for administrative duties and other requirements. REGULAR MEETING January 25, 2016 REGULAR AGENDA ITEM “500” PAGE 2 OF 4 3. The following registered voters of Winter Springs will be appointed to the Districting Commission: Ms. Mary Hoffman-Hughes – Seat One ______________________ – Seat Two * Mr. Ted Johnson – Seat Three Mr. Robert Henderson – Seat Four Mr. Ron Ligthart – Seat Five Ms. Phyllis (Walker) Kent – Mayoral Appointment Ms. M. Jane Pope – Mayoral Appointment [[450,936,1159,993][12][B,I,][Times New Roman]]* Commissioner Kevin Cannon [[1159,936,1589,993][12][B,I,][Times New Roman]](District/Seat Two) [[1589,936,2263,993][12][B,I,][Times New Roman]]must provide the name of his [[450,993,2057,1050][12][B,I,][Times New Roman]]appointment during the January 25, 2016 City Commission meeting. [[2057,993,2262,1050][12][B,I,][Times New Roman]]The City [[450,1051,1952,1108][12][B,I,][Times New Roman]]Commission must approve the appointment by City Charter and then [[1952,1051,2263,1108][12][B,I,][Times New Roman]]Commissioner [[450,1108,922,1165][12][B,I,][Times New Roman]]Cannon’s appointmen [[922,1108,960,1165][12][B,I,][Times New Roman]]t [[960,1108,1770,1165][12][B,I,][Times New Roman]]will be inserted into Resolution 2016 [[1769,1108,1786,1165][12][B,I,][Times New Roman]]- [[1786,1108,1860,1165][12][B,I,][Times New Roman]]02 [[1860,1108,2263,1165][12][B,I,][Times New Roman]]and then the City [[450,1166,1441,1223][12][B,I,][Times New Roman]]Commission will vote to approve the Resolution [[1441,1166,1711,1223][12][B,I,][Times New Roman]]at that time. [[1711,1166,1736,1223][12][B,I,][Tim es New Roman]] 4. The Districting Commission must file its final report with the City Manager by May 24, 2016 (120 days after formal appointment). 5. The City Commission has until July 11, 2016 (120 days prior to the next City election) to accept or reject the Districting Commission’s report. 6. Section 4.02 of the City Charter provides: Section 4.02. - Commission districts; adjustment of districts. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five (5) geographical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the city commission shall appoint seven (7) city electors determined from the registration of the last regular election, one (1) to be appointed by each commissioner from their respective district, and two (2) appointed by the mayor from the city at large, who shall comprise the districting commission. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the city at large. (c) Report; specifications. The districting commission shall file with the official designated by the city commission a report containing a recommended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such report within ninety (90) days of appointment. Thereafter, such REGULAR MEETING January 25, 2016 REGULAR AGENDA ITEM “500” PAGE 3 OF 4 reports shall be filed within one hundred twenty (120) days of appointment to the districting commission. The commission district boundaries shall comply with the following specifications: (1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and technical data to the districting commission. (e) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to this Charter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city commission shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enactment shall supersede previous commission districts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission district and boundaries. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Resolution other than staff and attorney time to prepare the Resolution and assist the Districting Commission complete its report. REGULAR MEETING January 25, 2016 REGULAR AGENDA ITEM “500” PAGE 4 OF 4 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and all eAlert/eCitizen recipients; and is available on the City’s website, LaserFiche, and the City’s server. Additionally, portions of this Agenda Item are typed verbatim on the respective meeting agenda which has also been electronically forwarded to the individuals noted above; and which is also available on the City’s website, LaserFiche, and the City’s server; has been sent to City staff, media/press representatives who have requested agendas/agenda item information, homeowner’s associations/representatives on file with the City, and all individuals who have requested such information; and has been posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. This Agenda Item is also available to any new individual requestors. City Staff is always willing to discuss this or any Agenda Item with any interested individuals. RECOMMENDATIONS: The City Attorney and City Manager recommend that: 1. Commissioner Cannon make an appointment to the Districting Commission subject to the City Commission’s approval; and 2. Upon that appointment being made, the City Commission approve Resolution 2016-02 as presented, but with the inclusion of Commissioner Cannon’s appointment. ATTACHMENTS: Resolution 2016-02 A. ß RESOLUTION NUMBER 2016-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR AN EFFECTIVE DATE FOR APPOINTMENTS TO THE 2016 WINTER SPRINGS DISTRICTING COMMISSION; PROVIDING A DUE DATE FOR A REPORT CONTAINING A RECOMMENDED PLAN FOR ADJUSTMENT OF COMMISSION DISTRICT BOUNDARIES; PROVIDING A DUE DATE FOR THE CITY COMMISSION TO ADOPT OR REJECT A REDISTRICTING ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY 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 requires that, every three (3) years, the City Commission appoint seven (7) city electors to comprise the districting commission for adjustment of the commission district boundaries; and WHEREAS, the City Charter requires that the districting commission prepare a report containing a recommended plan for adjustment of the commission district boundaries; and WHEREAS, the City Charter requires that the City Commission adopt or reject a redistricting ordinance at least one-hundred-twenty (120) days prior to the next city election; WHEREAS , the next City election will be November 8, 2016 and as such, the City Commission must adopt or reject a redistricting ordinance by July 11, 2016; WHEREAS , the City Commission desires to provide an open, objective, and deliberative process that will afford the public ample opportunity to participate in the districting review process; and WHEREAS, the City Commission 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 RESOLVEDthat the City Commission of the City of Winter Springs, Florida as follows: SECTION I. The following appointments have been made to the 2016 Districting Commission: Ms. Mary Hoffman-Hughes Seat One ______________________ Seat Two Mr. Ted Johnson Seat Three Mr. Robert Henderson Seat Four Mr. Ron Ligthart Seat Five Ms. Phyllis (Walker) Kent Mayoral Appointment Ms. M. Jane Pope Mayoral Appointment SECTION II. All appointments to the 2016 Districting Commission shall take effect immediately upon the final passage and adoption of this Resolution by the City Commission. Vacancies on the 2016 Districting Commission occurring after the adoption of this Resolution shall be filled by appointment in accordance with the City Charter and without the necessity of modifying this Resolution. SECTION III. The Districting Commission shall have until May 24, 2016 to file with the City Manager a report containing a recommended plan for adjustment of the commission district boundaries. Pursuant to the City Charter, the City Commission shall have until July 11, 2016, which is one-hundred-twenty (120) days prior to the next city election, to adopt or reject a redistricting ordinance. SECTION IV. provisions of the City Charter and other applicable law including, but not limited to, the provisions of the Voting Rights Act of 1965. In general and taking into account the current commission district boundaries, the City Charter requires that the commission district boundaries shall comply with the following specifications: (1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. SECTION V. To the extent deemed reasonably necessary by the City Manager, the City Manager, City Clerk, and City Attorney, and their respective designees, shall provide technical assistance to the Districting Commission. SECTION VI. This Resolution shall take effect immediately upon its final passage and adoption by the City Commission. City of Winter Springs, Florida Resolution Number 2016-02 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular th Meeting duly assembled on the 25 day of January, 2016. In witness whereof, I have hereunto set my hand and caused this seal to be affixed. __________________________________________ CHARLES LACEY, Mayor ATTEST: _______________________________________ ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ________________________________________ ANTHONY A. GARGANESE, City Attorney City of Winter Springs, Florida Resolution Number 2016-02 Page 3 of 3