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HomeMy WebLinkAboutCRC 09/03/2008 City of Ocoee Minutes of the Charter Review Commission Meeting Held September 3, 2008 Call to Order Chairperson Grafton called the meeting to order at 6:47 p.m., in the Commission Chambers of City Hall, located at 150 N. Lakeshore Drive. Member Howell gave the invocation. Chairperson Grafton led the pledge of allegiance to the flag. Recording Clerk Moseley called roll and declared a quorum to be present. Roll Call Present: Chairperson Grafton, Vice-Chair McKey, and Member Barnes, and Member Howell. Also present were City Clerk Eikenberry, City Attorney Nick Palmer, and Recording Clerk Moseley. Absent: Member Arney (excused). Approval of Minutes of Aue:ust 25. 2008 Chairperson Grafton clarified her correction of the spelling of Mayor pro tern. She stated that Mayor is capitalized and pro tern is not. Clerk Eikenberry stated she researched the concern in the Florida Law book and Mayor pro tern is all capitalized. Member Barnes. seconded bv Vice-Chair McKev. moved to approve the minutes of August 25. 2008. as corrected. Motion carried unanimously. Continue Review of the List of Charter Items to Revisit Article III, Section 13 Item 16. Topic: Page C-15, Section C-13 - Regular and Special Meetings Chairperson Grafton explained that Clerk Eikenberry had concerns regarding noticing of emergency meetings to the Commissioners. She explained that Clerk Eikenberry suggested leaving "to contact personally" in the Charter as it means any form of communication, whether it be in person, by email, phone, or any other form. Member Barnes. seconded bv Vice-Chair McKev. moved to chanze the wordinz trom "served" to "contacted". deletinz the written reQuirement. and deleting the provision of "place of business". Motion carried unanimously. Item 17. Section 14. Topic: Vice-Chair McKey asked about having all department directors approved by the City Commission. Chairperson Grafton reviewed the next item as Vice-Chair McKey asked about all City department directors being approved by the City Commission. She explained that she Charter Review Commission Meeting September 3,2008 referred him to Section C-14 of the Charter, which prohibits the City Commission from having any authority over who is hired in the City. Vice-Chair McKey questioned if the Commission should have a say of the hiring and firing of department directors. Member Howell questioned if it would include the Police Chief, Fire Chief and City Manager. Vice-Chair McKey stated that it would include them. After some discussion, Vice- Chair McKey explained that the Commission should have a hearing regarding the qualifications and justifications of someone being hired and if a director is being discharged and they feel it is unfair, then they can corne before the Commission. Further discussion was made. City Attorney Palmer advised everyone to review Section C-24, Powers and Duties of the City Manager, paragraph A. Member Barnes stated there are two issues, hiring and firing. He also stated that he would like the Charter to give the Commission some say as to the hiring/firing of higher up personnel. Member Barnes. moved to add the wording that gives the Citv Commission veto power reflardinfl hirinfl and firinfl of director level emvlovees. Motion died for lack of a second. Clerk Eikenberry stated that the City would have a difficult time hiring a City Manager if the City Commission was able to hire or fire the Directors of departments. Chairperson Grafton agreed. Member Howell stated his concern with the possibility of conflict between the Director and City Manager if the Director has three Commissioners supporting him/her. Vice-Chair McKev made a motion to give the Otv Commission the veto power in the hirinflvrocess of Directors in the Citv. Motion died for lack of a second. Member Barnes. seconded bv Member Howell. moved to amend Section C-12-B to allow the Otv Commission ratification power of hirinfl director level positions in the Citv. Motion carried unanimous Iv. Chairperson Grafton stated that City Attorney Palmer would define "key" personnel and that this item will be discussed with the City Commission at the Joint meeting. Item 18. Section 14. Topic: C-14 Quorum Member Barnes. seconded bv Chairperson Grafton. made a motion to take the suggestion trom Lester Dabbs to clean up Section C-14 under housekeeping. Motion carried unanimouslv. Item 19. Section 16. Topic: Spelling correction of Mayor pro tem This item was previously decided at the August 25th Charter meeting. (Item 7 - Section 9 - Topic: Section C-9, Spelling/Grammar Correction) 2 Charter Review Commission Meeting September 3, 2008 Item 20. Section C-16. Topic: Compensation; expenses Chairperson Grafton reviewed the prior research of this item. Member Howell stated for the record that he felt the City Commission's Pension Ordinance was made in violation of the current Charter. Member Barnes referred to Section 2.04 of the Model Charter, which also fails to talk about pensions. Chairperson Grafton explained that the Commissioners are not employees and the pension is designed for employees who contribute to it. Discussion followed. Vice-Chair McKev, seconded bv Member Barnes. made a motion to leave this section as is and let it be dealt with outside of the Charter. Motion carried unanimouslv. Item 21. Section 16. Topic: Commissioner Johnson comments Member Barnes stated that this item was previously addressed. *The discussion and motion below were made after Item 22. Clerk Eikenberry referred back to Section C-16. She explained that previous discussion made was to change the wording in the title which stated salary, not compensation. Member Barnes. seconded bv Vice-Chair McKav. moved to chanf!e the title of Section C-16 from "Compensation: expenses" to "Salarv: expenses". Motion carried unanimous Iv. Item 22. Section 17. Topic: Section C-17, Vacancies; forfeiture of office; filling of vacancies Vice-Chair McKey stated that this item has been previously addressed. Item 23-Item 26. Section 18. Topic: C-18 - "Require the City to replace any auditing firm that has provided such service for more than five (or so) consecutive years ". Chairperson Grafton stated that the Finance Director attended a previous meeting. She stated that the Director's opinion was that it is good to have an auditor who is familiar with the client and it would also reduce start-up costs. Discussion followed. Member Barnes. seconded bv Member Howell. moved to leave Section C-18 as is. Motion carried unanimous Iv. Vice-Chair McKey questioned if Section C-17, paragraph c, changing 30 to 90 days had been addressed. Clerk Eikenberry stated that the item had been discussed and consensus was to make the change. 3 Charter Review Commission Meeting September 3,2008 Member Barnes left the meeting at 7:36 p.m. and a quorum was still present. Item 27. Section 19. Topic: Section C-19, Initiative and referendum Chairperson Grafton introduced and reviewed the item. Member Howell questioned the law regarding percentage of total votes. City Attorney Palmer stated that the Charter has a requirement. Chairperson Grafton questioned if there is a Florida Statute that gives a citizen a right to bring an initiative before the City. City Attorney Palmer explained that there are no statutory requirements, only if the City passes an "Ordinance". He further explained that an Ordinance is not a "Recall" or "Charter Amendment". Vice- Chair McKey read a section from the model Charter pertaining to this issue. He then questioned the number of voters. Chairperson Grafton reviewed the current Charter regarding registered voters and registered voters who voted in the last election. Vice- Chair McKey stated his concern with the complication of this section. He stated that it needed to be simplified. Much discussion followed. Chairperson Grafton suggested that the City Attorney simplify the procedure. City Attorney Palmer stated he could bring alternative examples back for the Board's review. Vice-Chair McKey requested that the wording be in laymen's terms and that the Attorney reference any State statutes that apply. Consensus of the board was to direct the Citv Attornev to research the item and brim! back information at a future meetinf!. Item 28-30. Section 19. Topic: Initiative and referendum Chairperson Grafton stated that these items are on the list for the joint City Commission meeting. No further discussion was needed at this time. Item 31. Section C-20. Topic: Commissioner Keller's comments against veto power for the Mayor. Chairperson Grafton reviewed the item. Vice-Chair McKey questioned if veto power is common among Mayors. City Attorney Palmer stated that it is not common. Much discussion followed. Consensus of the board was not have veto vower for the Mavor. Item 32 & 33. Section C-20 Topic: Emergency Powers and Duties of the Mayor Chairperson Grafton introduced this item. She stated that consensus of this Commission is to review and consider changing the title to "Mayor's Powers and Duties". Recording Clerk Mosley stated that this item should not be on the list for discussion, as it had a previous consensus. Vice-Chair McKey and Member Howell had additional comments regarding this section. Vice-Chair McKey reviewed the last sentence in Section C-20. He stated that it causes a conflict between the City Manager 4 Charter Review Commission Meeting September 3,2008 and the Mayor and they need to remove those powers from the Mayor. Chairperson Grafton explained that certain powers are given to the Mayor by the State and they cannot be removed. Much discussion followed regarding, incapacitated City Manager, Ceremonial Mayor, and duties of a Mayor during hurricane, tornadoes, etc. Clerk Eikenberry stated that she understood that they wanted to remove the emergency section and replace it with the information of procedures the City currently follows in an emergency situation. She stated that the information is in the model Charter in page 10, Section 2.03. Member Howell stated that the Mayor needed to be kept updated in emergencies. City Attorney Palmer stated he would research the item and bring his findings back to the board. Chairperson Grafton suggested that City Attorney Palmer research the opinion from City Attorney Rosenthal written in 1998. Vice-Chair McKey read a section from the model Charter. Much discussion followed. Consensus of the board was to have City Attornev Palmer research the item and have the item for discussion at the next meetinJ!. September 15th. Item 34. Section 20. Topic: Powers of the Mayor Chairperson Grafton reviewed the past comments on this item, including the concerns previously made by resident Fred Wilsen. Chairperson Grafton explained that the Mayor advised Fred Wilsen that it should be understood that seniority of those in office should be considered. Consensus of the board was to add this item to be discussed at the ioint session with the City Commission. Item 35. Section 20. Topic: Commissioner Johnson's comments regarding veto power. Chairperson Grafton stated this item was agreed upon earlier in the meeting. Article IV. Item 36. Section 21. Topic: Page C-22 Chairperson Grafton reviewed this item as resident Lester Dabbs stated that the City Manager should live within the City limits. Vice Chair McKey stated that it should be required, but with a grace period possibly by the renewal of his contract that is yearly. City Attorney Palmer explained that in Section C-21 the City Manager is required to live within the City limits unless the Commission otherwise approves it. Vice-Chair McKey stated that line needed to be removed. Member Howell stated that he disagreed. He stated that the City could lose a good employee if the requirement is put in place. Clerk Eikenberry stated that, with the current economy, selling a house right now would be unfair. City Attorney Palmer stated that the current City Manager should not be affected. He stated that there could be issues with making it retro active. Some discussion followed. 5 -... Charter Review Commission Meeting September 3, 2008 Set Next Meetine: Date Chairperson Grafton stated that the next meeting will be September 15th at 6:30 p.m. She stated that the next meeting will begin with this topic, Item 37, Section 21 - Topic; City Manager's residency requirement. Adiournment The meeting adjourned at 8:29 p.m. 6