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Home My WebLink About07-13-2023 MinutesCharter Review Commission Ocoee City Hall I N. Bluford Avenue Ocoee, Florida July 13, 2023 MINUTEE Z= Call to Order Chair Forges called the meeting to order at 6:15 p.m., in the Commission Chambers City Hall, located at 1 N. Bluford Avenue. He led the Pledge of Allegiance to the Fl followed by a moment of personal reflection. Recording Clerk Sibbitt called roll a declared a quorum present. *resent: Chair Forges and Members Chacon, Lovejoy, Lowrie, and Alternate Membgr AAcTavish (1st Alt.), Alternate Member Butler (2nd Also present were CRC Facilitator/Board Attorney Geller, and Recording Clerk Sibbitt. Absent: Vice -Chair Sills TU:W" alvillot I � I I , 11 1 1 lip I III 1 1 Wr impurne avir-Im. mmsmm 12i'llill, 1, I'l, I I rn T ITFITH _T4 MOLM=- lkyirrlm� �'�ZTWTINMIMWTJ We "160,11611710-111 Motion carried 5-0. Chair Forges shared he would like to revisit any items they deliberated to be brought back for discussion before they proceed to new business. CRC Facilitator/Board Attorney Geller noted the request for the matrix to be color coded to reference anything ihat still needed to be addressed or readdressed, such as the items placed at the request of the Finance Director. Chair Forges inquired about the changes to the qualifying period as requested by the Board. CRC Facilitator/Board Attorney Geller summarized the discussion they had on Section 5-3 - Qualification of Candidates, and the changing of the qualifying period during their last meeting; and further, summarized the update to the ordinance as requested by the City Clerk. Charter Review Commission July 13, 2023 Qualification of candidates. CSuch qualification papers shall be filed and the qualifying fee paid at any time after 12:00 noon on the day which is the first Friday in December prior to the date sch11; eduled for the election five business days (eXGluding weekends anA , k Aa e -I I __ -ndar days prior to the Scheduled date of the regula .,IeGfien of the Year in wh*r• he_e4eG+;^• f^r �ii^ SGheduled, but not later than 12:00 noon on the date which is the second Friday in December prior to the date scheduled for the election,46 Galendar days prior to the SGheduled da of the regular rnu• year in whiGh the election for SUGh OffiGe sGheduled, or such other 5 business daV qualif ying period for a regular, special, o general election as maybe established by the City Commission bVresolution. Should the last day upon which said qualification papers may be filed fall on a weekend or anoth to upon which the City Clerk's office is not open for business, then the deadline for said person to file qualification papers shall be extended to 12:00 noon on the next day on which the City Clerk's office is open for business. 11 Chacon; Motion carried 5-0. CRC Facilitator/Board Attorney Geller explained the proposed changes to C-45 which :�.efines and clarifies regular, special and general elections. C-45. Election dates and terms of office A. Regular Elections. A 'regular election' is an election held at a regular interval to elect the office of Mayor or City Commissioner. Beginning in March 2021, regular municipal elections shall be held annually on the second Tuesday in March of each odd -numbered year... B. Special Elections. A 'special election' is an election that may be held to fill a vacancy on the City Commission pursuant to § C- 17 or to approve of an ordinance by initiative or repeal an ordinance by referendum pursuant to § C-19. C. General Elections. A �general city election' is any municipal election that is not a special election or regular election. D. ...Any person elected to the office of Mayor or the office of City Commissioner shall be sworn into office at 7,*00 pm. -ne day of immediately prior to commencement of the next regularly scheduled City Commission meeting... CIRC Facilitator/Board Attorney Geller; Moved by Member Alt. MacTavis seconded by Member Lovejoy; Motion carried 5-0. Chair Forges recognized the Finance Department staff members in the audience and allowed them to present their proposed changes, which CIRC Facilitator/Board Attorney Geller explained he had incorporated into his matrix. 2 1 Pa g e Charter Review Commission July 13, 2023 Finance Director Roberts introduced herself and explained revised recommendations that she will be proposing which differs from what is in the matrix in C-20, C-24, and C- 28, as changes were made after a recent internal staff meeting. Discussion ensued on the proposed recommendations presented, 1`113 11PIT11"! submitted by the Finance Director; Moved by Member Loveov. seconded 777777777!1 Member Chacon; Motion carried 4-1 with Alt. Member MacTayish opposing. Finance Director Roberts explained a modification to C-26 — City Attorney, which w not presented in the matrix, for which staff is recommending to not require the Ci Attorney to review all items specifically those under $50,000 that is not presented befo the City Commission, thus eliminating a charge from the City Attorney for the revie Chair Forges requested this be submitted to the board for future discussion and furth review since it was not included in the matrix. 11 Finance Director Roberts explained the suggestion to C-1 8 Independent Audit which incorporates language that references Florida Statute 218.391 and gives the City Commission the power to determine the period for the accountant or firm. C-18 Independent Audit The City Commission shall provide for an independent annual audit of all city accounts in conformance with the auditor selection procedures of § 218.391, Florida Statutes, and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period P'Gt e)(Geeding 1,331, years as determined by the City Commission. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. 11TWITCOTSTOM•01•11=41�* �#— M- 0 Brad Lomneck, Ocoee Resident, inquired if there are any additional costs to the City to run an RFP, and if there were any other areas in the Charter that references other professional services. It was further questioned as to why this was in the Charter and not in the Code. Finance Director Roberts addressed all questions. CRC Facilitator/Board Attorney Geller read aloud Florida Statute 218.391 to provide. the Board an understanding of the Audit Selection Committee's powers. Discussior etstjeiO. 1171 11 M1 W .9 W., 3 1 P a g e Charter Review Commission July 13, 2023 4 j I inUOTM UMPIVON I •: CRC Facilitator/Board Attorney Geller explained the City Charter comparison matrix he provided in their packet which incorporates the updated changes .•" during the June • CRC Meeting. 0 C-8 — Powers • the City Discussion ensued • •• • the City and allowing exchange • property. Further ;5xplanation was given on the term "liberally construed" as being incorporated in C-8. and in favor • the c�y, and the •- mention • • powers in the Charter shall not be construed as limiting, in any way, the powers granted to the city under the Constitution and the laws • Florida. The City • Ocoee's powers •. B. Property • To purchase, lease, acquire • eminent domain, exchange, or otherwise obtain, receive and hold property or any interest in property, whether real, personal • intangible, • such municipal • • public purposes as the City Commission may, by ordinance • otherwise, deem necessary and proper; to sell, lease, exchange,. or otherwise dispose of said property for the benefit of the city to the same extent that natural persons might • could do, except as otherwise provided herein. I iTi M M-MIM i I � I I L"asommumns VIM, IP-ck of second. I - Z • • • • 0•- - N 4 1 P a g e Charter Review Commission July 13, 2023 MUGOISM:10 Mai VTV�-=OMM: Member Lovejoy; Motion carried 5-0. C-8 Proposed language: W a city ordinance is challenged as preempted by County, State, or Federal law, the ordinance shall be construed as narrowly as required to avoid or minimize preemption by County, State, or Federal law. Any provision or portion of a City ordinance that is preempted by County, State, or Federal law shall be severed from the ordinance, provided that a purpose of the ordinance, as determined by the City, can be effected, thereby preserving the validity of the remaining provisions or portions of the ordinance. " INSIROOMIT R.M. M. "."Fill -- MMI-mm- Member Lowrie; Motion carried 5-0. CRC Facilitator/Board Attorney Geller explained the proposed language in Section C- 49 Conduct of elections which allows the City Commission to set the dates of elections and qualifying by resolution or ordinance. The City Commission shall designate the places of polling for all city elections and shall give notice of all city elections in accordance with the laws of Florida. Except as otherwise set forth herein, the City Commission shall by ordinance provide for the printing of ballots, the conduct of elections, including absentee procedures, the canvass of returns, and all similar election details. Such ordinance shall, to the extent possible, ensure the secrecy of the ballot and the integrity of the poll. The City Commission may set the dates of elections and qualif ying by resolution or ordinance. Member Chacon suggested the proposed language to read, "The City Commission may set the dates of elections and dates of qualifying by resolution or ordinance." D I N . 0 off 0 07M Mairlim. ME: - MI "TIM. IT, "Na Aivi "M miligiffsTIVOR- Moo�� Recording Clerk Sibbitt inquired about the meeting dates of July 27 th and August 3rd, and if the Board needed to meet on those dates, Discussion ensued about the outstanding research needed on C-18 Independent Audit, and the Board decided they would proceed with discussion so they could conclude with all outstanding items. It was Charter Review Commission July 13, 2023 Ut NU Ai1fd6UHLelt #(d11flU Me UILJ' UUF111111Sb1U11 Oil ^19,116L 1-1707-MM review and comments. Brad Lomneck, Ocoee Resident, commented on the residency requirement an@ suggested that the one-year requirement should have to be met on the first day (M qualifying. I Discussion ensued on terms for professional services and research within the Code was conducted. The following amendment was recommended: C-1 8 Independent Audit The City Commission shall provide for an independent annual audit of all city accounts conformance with the auditor selection procedures of § 218.391, Florida Statutes, an may provide for more frequent audits as it deems necessary. Audits shall be made by ' n 'y certified public accountant or firm of accountants who or which has no personal interes I direct or indirect, in the fiscal affairs of the city government or any of its officers. The Ci Commission may designate such accountant or firm annually or for a period exGeeding e (3) years not exceeding five (5) years. If the state makes such an auldi the City Commission may accept it as satisfying the requirements of this section. 11111 M-119-111 M-11r.1111iffirgrellil M. o7gi=Ms WIM-11PI 111-9 M-El 1-111,91 ill INK "111 ftl"19191plf 01#1111111til 1111101A1111CHNIHIUMMM, OEM chy- makes SUGh an au• Commi ssion may accept it as satisfying h - N WRI EM 1 F 1391 a MIMI i is Me E lVA kyl Ml 'all Loveio�' , Motion carried 4-1 with Member Lowrie opposing. PUBLIC COMMENTS — Public comments made during Board discussion, as allowed by the Board Chair. Melanie Si bitt, Recording Clerk� 6 1 P a ge