HomeMy WebLinkAboutCRC 11/04/2008
City of Ocoee
Minutes of the Charter Review Commission
Joint Meeting with City Commission
Held November 4, 2008
Call to Order
Chairperson Grafton called the meeting to order at 5:30 p.m., in the Commission
Chambers of City Hall, located at 150 N. Lakeshore Drive. Member Howell gave the
invocation and Chairperson Grafton led the pledge of allegiance to the flag. City
Clerk Eikenberry called roll and declared a quorum to be present.
Roll Call of Charter Review Commission:
Present: Chairperson Grafton, Vice-Chair McKey, Members Arney, Barnes,
Howell, and McKey.
Absent: None.
Roll Call of City Commission:
Present: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift,
Commissioner Johnson, and Commissioner Keller.
Absent: None.
Also present were City Clerk Eikenberry, City Manager Frank, City Attorney Rosenthal
and City Attorney Palmer.
Mayor Vandergrift thanked the Charter Review Commission for the work they have
done.
Discussion of Items for City Commission Opinion
1. Section C-9 - City Commission; created; composition, designation, election
The board could not recall why this item was on the list for the joint discussion with City
Commission. Chairperson Grafton suggested changing the spelling of Mayor Pro Tern
due to incorrect capitalization. There were no objections to correcting the spelling. The
board then discussed swearing-in ceremonies and relocating that section within the
charter. Consensus was to keep the section with elections and that the City Clerk, or her
designee, performing the swearing-in would be fine.
During the Charter Review Commission meeting of October 13, 2008, the board decided
to add Section C-9 to the list for the joint meeting to discuss city-wide elections. At that
previous meeting, Members Barnes and Amey personally opposed city-wide elections
and preferred to keep them local to each district. Vice-Chair McKey and Chairperson
Grafton agreed the City Commission should have a right to voice their opinion on the
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Charter Review Commission Joint Meeting with City Commission
November 4, 2008
2. Section C-12 - Mayor wants to see something added to charter re:
"censuring", and interfering with day to day operations of the City.
Chairperson Grafton said there have been issues in the past with Commissioners
interfering with the day to day operations of the City when that is the City Manager's job.
Mayor Vandergrift gave one example of a Commissioner having the City Clerk's office
write a letter to a board member for their removal from the board. He said that
Commissioner was reprimanded for doing so. City Clerk Eikenberry said this item was
on the list for the purpose of discussing whether or not they wanted to add a section in
that prohibition section in regards to censuring someone who violates that section of the
Charter. Discussion ensued regarding applying a penalty or a process to follow in the
instance of a violation of the Charter. Consensus of the City Commission was to leave
the section as is.
3. Item #17 - Section C-14 - Commission's involvement in hiring department
directors.
Vice-Chair McKey felt that the elected officials should be involved with some of the
significant hiring of the key personnel of the city, which is directors and above.
Commissioner Keller said he sees no problem with the City Manager hiring for those
positions and thinks the suggested change would bring more politics into those key
positions. Consensus of the City Commission was to keep that section of the Charter as
IS.
4. Item #29 - Section C-19 - Initiative and referendum, simplifying
Chairperson Grafton said they had received public complaints about how difficult it is
to initiate a referendum and they would like to see it simplified. Commissioner
Anderson asked if they had examples of what other cities have in their charters regarding
this item. City Attorney Palmer provided five charter examples from very complex and
many pages to simple with just a few paragraphs, such as the City of Orlando. He noted
that this section of Ocoee's Charter only applied to ordinances, distinct from charter
amendments, even though the procedure looks very similar. He clarified that there is a
statute that provides the procedure for charter amendments; however, provisions in
Section C-19 of the Charter model the statute but are not required by statute.
Commissioner Keller recommended the Charter Review Commission bring forward a
more simplified process for initiative and referendum. Without objection, City
Commission agreed.
5. Section C-20 - Powers of the mayor, to recommend an ordinance be passed to
list the order of succession, in case the mayor pro tem was not available in an
emergency.
Commissioner Hood said the next senior commissioner would be in line after the
Mayor. Consensus of the City Commissioner was to state in the Charter that the next
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Charter Review Commission Joint Meeting with City Commission
November 4, 2008
senior member of Commission would be in line after the mayor pro tern.
6. Item #62 - Section C-46 - Adding two districts.
Vice-Chair McKey explained the different alternatives they had discussed, (1) adding
two more districts to the four they have, with the mayor being elected city-wide, (2)
electing seven members with seven districts, and choosing the mayor from amongst the
Commission. He thought that option two was a forward way of looking at things.
Member Barnes said that Agenda Item #9 was related to this item as well.
Commissioner Hood felt the mayor should be voted by constituents, rather than
commissioners. As far as adding two more commissioners, he would like to see data
from other municipalities with more than four commissioners. He added that he was
concerned with the cost factor, not to mention the redundancy at meetings with only five
members of Commission they have now. Commissioner Johnson was in favor of adding
two additional districts and commissioners. City Clerk Eikenberry distributed a list of
various municipalities, their population, and the number of districts, etc.
Commissioner Hood asked if they could break it down to an average cost for each
commissioner and their expenses to see the cost to the City. Mayor Vandergrift said the
main question is whether the current commission is delivering the service to the people
they represent today, and if they are, then they can leave it alone until the future. He said
he would like to see all commissioners elected city-wide. He shared his thoughts on veto
power.
7. Item #73 - Section C-61 - Powers and duties of the mayor.
This item was not discussed.
8. Item #74 - Section C-62 - Powers of the Charter Review Commission
Chairperson Grafton said they would like to change the title of the Charter Review
Commission from an advisory board to one that has the right to put together a referendum
and go to the people with issues, without needing approval from City Commission.
Commissioner Keller and Commissioner Anderson agreed. Mayor Vandergift
adamantly disagreed because they need to have the opportunity to give guidance to the
public as they were elected to do and that should not be taken away from them.
Commissioner Keller stated the Charter Review Commission should oversee the City
Commission and should have a chance to bring things directly to the residents; they need
checks and balances from residents. Commissioner Anderson agrees, but stated when
City Commission calls a special charter review (other than every 10 years) that it should
be to review specific items and should not go directly to referendum. Commissioner
Hood said if their proposals were to go directly to ballot, then their committee should be
larger. Mayor Vandergrift commented that they already have a checks and balance
system because if the board does not like the vote of the City Commission, then they are
allowed to go out and petition the public to put it on the ballot. Member Howell thought
the Charter was too big of an issue for only five people to decide; therefore, if it is
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Charter Review Commission Joint Meeting with City Commission
November 4, 2008
amended to allow the Charter Review Commission to go directly to the ballot, then he
would want the board to be made up of more than five people.
Rosemary Wilsen, 1019 Shady Maple, asked for clarification from the Mayor about his
comments that charter amendments opposed by City Commission can be petitioned to go
to referendum by the Charter Review Commission. She said if that was the case, then the
board should just go to referendum to begin with, rather than spending so much time and
energy on the charter. Mayor Vandergrift said they were in consensus with about 90%
of everything they reviewed together thus far; however, if the board felt so strongly about
the other 10% that the City Commission disagreed with, and then they could petition
those items. Commissioner Anderson said he has the right to go out to his constituents
to campaign against anything he opposes from the Charter Review Commission;
therefore, he would like them to go straight to ballot every ten years. Mayor
Vandergrift informed the board that they were able to communicate with each member
of commission individually to discuss their ideas and opinions, and that is not a violation
of the Sunshine Law.
9. Section C-65 - Creating seven districts, with mayor elected by members of
commission (section 2.03 of model charter) or 6 districts plus mayor elected
city wide.
This item was already discussed with Agenda Item #6.
Comments
Vice-Chair McKey thanked the Commission for attending and sharing their opinions
and said he appreciated their input. He said the board would put all of their proposed
amendments together, with the help of City Attorney Palmer, in a manageable format.
Commissioner Hood thanked the board for volunteering their time and efforts for the
purpose at hand.
Mayor Vandergrift said when he visits other cities he attends their meetings to learn
about the many different styles of government. He said there are many different ideas
about what the perfect form of government is and thanked City Manager Frank for his
style and his acceptance of the Mayor's ideas.
Vice-Chair McKey thanked the staff, especially City Clerk Eikenberry for her help.
Adiournment
The meeting adjourned at 7:13 p.m.
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