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HomeMy WebLinkAboutCRC 07/07/2009 City of Ocoee Minutes of the Charter Review Commission Joint Meeting with City Commission Held July 7, 2009 Call to Order Mayor Vandergrift called the meeting to order at 6:00 p.m., in the Commission Chambers of City Hall, located at 150 N. Lakeshore Drive. City Clerk Eikenberry ca\led roll and declared a quorum to be present. Roll Call of Charter Review Commission: Present: Chairperson Grafton, Vice-Chair McKey, Members Arney, and Barnes. Absent: Member Howell. Roll Call of City Commission: Present: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Absent: None. AI~o present were City Clerk Eikenberry, City Manager Frank, and City Attorney Rosenthal. Mayor Vandergrift opened the meeting and asked if a decision had been made for a mail out ballot for the Charter Revisions. City Attorney Rosenthal stated that no such direction had been given to staff. City Clerk Eikenberry clarified that in a meeting on May 5, 2009, the commission voted to accept the report and recommendations of the Charter Review Commission with the exception of one item pertaining to the number of districts. She said at that time the Commission directed the Charter Review Commission to reconsider that item and after that time the Mayor felt it would be best to call a Joint Meeting or Workshop of the Charter Review Commission and City Commission. Board Chair Grafton said we have not met again since the decision was made to have a workshop, the board had considered that issue several times and in the end decided that it would be premature to make changes at this time. Member McKey said that the Board discussed having a trigger, such as a population of 40,000 where that issue of adding additional districts should be reconsidered. He said he disagreed with the board, but in the end they decided not to move forward with any recommendation for change. Commissioner Johnson said he felt this issue should go on the referendum vote and let the residents decide. He said if it makes the 2010 ballot it won't go into effect for a few years. Commissioner Wilsen said she attended these meetings and did not get a clear feeling that they were against recommending extra districts. Commissioner Keller said he also attended several meetings and expressed an interest that he would like to add two districts and leave the Mayor to be elected by the entire City, however, he likes the mayor pro tern rotating among members. He preferred adding two more commissioners. Charter Review Member Barnes announced that the Charter Review Commission voted on November 19, 2008 to leave the number of districts as it currently is. He said ---' Charter Review Commission Joint Meeting with City Commission July 7, 2009 they discussed the size of the south side of Ocoee along Maguire Road and the possible need for representation from that specific area. Commissioner Johnson said he spends more time in that area because those HOA's are more active so they are being well represented by him. He also stated that he works for all Ocoee citizens, as does each member of the commission. He said the ballot could offer both options for a vote city- wide, to have seven commissioners with mayor being elected by those seven OR having seven commissioners with the mayor being elected city-wide. Commissioner Hood agreed with keeping five commissioners because many cities with a higher population work well with five commissioners, plus the cost of adding two more commissioners at this time does not seem feasible. He added, however, that he agrees that the choice should be made by the citizens via ballot because it is their city and their money. Commissioner Hood would also like the citizens to have the opportunity to vote for commissioner term limit (2 or 3 terms); he does not think they are here to be career politicians. He agreed with Commissioner Johnson's comment that they all work for all citizens of the city and are paid by all. He does not believe the city can afford to have a commissioner every five miles and such funds could be better used on parks and police an~ fire services. He also agreed that the residents south of Hwy. 50 are well represented by Commissioner Johnson. Overall, Commissioner Hood recommended the opportunity for citizens to vote on term limits, five or seven commissioners, and electing the mayor city-wide or by commissioners. Commissioner Wilsen said they are not doing a special referendum for these questions, they can just be added to the ballot so it will not cost more. She is in favor of term limits and having that question on the ballot. Commissioner Hood said he would like to see some members of commission who do such a great job for Ocoee to move on to serve on the county commission or the school board, and thinks that little shove may be what they need to do that. Commissioner Johnson stated he had no problem with term limits be~ng set, but if citizens want to vote you out they will. The elections each term set there own term limits. If people don't want you there they will vote you out. Term limits were on the last referendum election and people did not vote for it. Charter Review Member Amey agreed and disliked the idea of limits because it would force someone great out of office and she likes commissioners with experience. Commissioner Keller agreed and thinks the knowledge and history of long-time officers is beneficial to the city, therefore, he'Would like to see the term limit item left off the ballot. Mayor Vandergrift said the term limits are elections and the people should be able to tell you when you need to get out of office. He said if they went to more commissioners, then they should run checks and balances, such as having an executive, a laws division, an~ judicial. He said the judicial is already taken care of, but if they go to seven members make one a senator that represents the whole city as the mayor. He recommends keeping things as they are for now and waiting ten years to add commissioners. Charter Review Member Barnes asked to hear more about the other commissioners' views on moving to seven commissioners, whether it is 6 districts plus the mayor or 7 2 Charter Review Commission Joint Meeting with City Commission July 7, 2009 districts. Commissioner Hood said if we could afford it that would benefit the citizens; however, it all comes down to money and it would cost too much for the budget. Commissioner Johnson said if they did vote to add more commissioners that it would be a couple of years before it would take affect. He stated that the added commissioners' salaries would pay for themselves in that time. Commissioner Hood inquired to the city manager if the city could afford two more commissioners. City Manager Frank said the cost of two more commissioners would be minimal in their budget. City Attorney Rosenthal said the Charter Review Commission has presented them with their final report. From a procedural stand point, the City Charter says the City Commission can either accept or reject the recommendations in the report, or the City Commission can send the report back to the Charter Review Commission for further study and consideration. It would then be at the discretion of the Charter Review Commission as to whether they would make changes to their report or not before sending it back to City Commission. City Attorney Rosenthal said the two bodies could agree by a consensus at tonight's meeting by modifying the report and come to a consensus so that the report is accepted by the City Commission. He explained the City Commission could vote on what changes are recommended to the Charter Review Commission, who in turn can vote and reply back whether they agree or disagree. This process may also be done at . another meeting. But the charter, in terms of the report, does not allow the City Commission to discuss and vote on other items other than those in the report. He stated that if City Commission wanted to initiate an additional charter amendment, as opposed to only the changes stated in the Charter Review Commission's report, then he would have to research the Florida Statute for that process. Commissioner Wilsen said they already voted to accept all recommendations presented in the final report by the Charter Review Commission. Commissioner Keller said they accepted all recommendations except one piece, which they want the Charter Review Commission to look over again and bring back a different direction. He thinks we could use the six districts with the mayor being elected at large. By the . time this all took place, which would probably be two years from now, the city would be ready for it and could afford it. Commissioner Johnson inquired to the city attorney about the city manager living in town. He asked if that had anything to do with the police chief or fire chief and, if . not, if they could add that in. He would like to see those employees with those high incomes living within the town that pays them. He believes that if they lived in Ocoee they would pay more attention to what goes on around the city. He would also like to make sure the City Commission has a say so in the future hiring of the city manager, assistant city manager, police chief, fire chief, and deputy chief positions. Commissioner Wilsen agreed, but stated they would need to allow a reasonable . amount of time after hiring to become a resident. Charter Review Member Barnes said they had discussed that topic before, but decided to leave it up to the City Commission to pass a resolution to change that in the code, and did not think it 3 Charter Review Commission Joint Meeting with City Commission July 7, 2009 needed to be in the charter. City Attorney Rosenthal said the City Charter gives the city manager the hiring authority over those positions and whether or not the City . Commission has the authority to direct him in that he is not sure. He asked if they wanted to take some final action tonight or refer the report back to the Charter Review Commission to review and bring back a revised report with specific wording. Consensus was to refer the report back to the Charter Review Commission. . City Attorney Rosenthal then suggested having two meetings, first of the Charter Review Commission to go over the discussion and revise their report. Then, they would have another meeting to look over the amended language in the revised report and to go over the legality, implementation, etc. He said they could reach a consensus as to what they want tonight; however, they would not have the wording to vote on. Commissioner Keller stated that he prefers to grandfather in those . employees already holding the positions mentioned earlier by Commissioner Johnson, regarding residency requirements. City Attorney Rosenthal suggested that City Commission list specific items they wish to be addressed by the Charter Review Commission, or defer to Jean Grafton as . to what the Charter Review Commission prefers. Charter Review Chairperson Grafton listed the items she understood to be further discussed by her board: 1. Include term limits? 2. Five or seven commissioners? 3. Mayor elected city-wide or by the commissioners? 4. Department directors, chiefs, managers residing in town? She asked if there were any other items that the City Commission desired to add. Mayor Vandergrift inquired if the Charter Review Commission felt they had enough public input on the items. Charter Review Chairperson Grafton said she would like to see the public properly educated on the wording that will appear on the ballot so they completely understand the items. Discussion ensued. Mayor Vandergrift inquired as to what the term limits would be, if they chose to include that. Commissioner Keller informed that the new pension update states the commissioners are eligible if in office for nine years, so he recommended term limits that would allow that time to be reached. Commissioner Wilsen also reminded them that one recommendation was changing to four year terms, so keep that in mind as well. City Attorney Rosenthal said that one task not yet undertaken is how they take the report from the Charter Review Commission and divide it up, because there is a single subject rule. They have to go through the different topics and put them into some groupings from a ballot question standpoint, which is a task he would undertake. Also, tht';y have to make sure they do not have inconsistent results, such that two ballot questions passed would cause conflicting provisions. For instance, he recommends the term limits to be a single ballot question on that sole subject; change of the size of the commission would be a single ballot question on that sole subject. He said ministerial things could be put on one question. He added to keep in mind that last time they included all ministerial things on one question and that item did not pass. 4 Charter Review Commission Joint Meeting with City Commission July 7, 2009 Charter Review Member Barnes clarified that the Charter Review Commission had previously voted to take term limits off the table, and asked if City Commission was asking them to put it back on the table. Mavor Vander!!rift. seconded by Commissioner Keller. moved to take the review of term limits off the table and leave that alone in the charter. Motion carried 3-2. with Commissioners Hood and Wilsen opposed. Commissioner Hood said they are taking that choice away from the people by removing that item. Charter Review Member Amey stated the public does have that choice every time they vote at election time for their commissioner. Charter Review Member Barnes listed the viable issues to be further discussed by the Charter Review Commission: 1. The number of districts: four plus mayor, or six plus mayor. 2. Part of number 1 is seven voting districts or six plus mayor. 3. Residence requirements for department directors, chiefs, and city manager(s). City Attorney Rosenthal said the prior recommendation/action should be rescinded, whereas they voted in favor of the Charter Review Commission's report with the exception of the issue of increasing the City Commission from five to seven members ana directed the board to revisit that issue. Mayor Vander!!rift. seconded by Commissioner Keller. moved to rescind the prior vote to approve the report of the Charter Review Commission. Motion carried 4-1. with Commissioner Wilsen opposed. Commissioner Wilsen stated she would like to accept the report of the Charter Review Commission and just add those three items mentioned tonight. Commissioner Hood. seconded by Mayor Vander!!rift. moved to neither accept or reiect the report from the Charter Review Commission. and ask them to take it back to further address those three items listed toni!!ht to brin!! a revised report back to City Commission. Motion carried 4-1. with Commissioner Wilsen opposed. Charter Review Chairperson Grafton said their board had to meet quickly. City Attorney Rosenthal said the SOE deadline for ballot wording in the March election is in January. He said the report would come promptly back to the City Commission. Commissioner Wilsen was concerned that rejected the report entirely and sending it back would allow the Charter Review Commission to rehash the entire charter, rather than just approving the report except those three specific items. Charter Review Chairperson Grafton assured her they were only concerned with the three items mentioned tonight and have already been through the entire charter thoroughly. Commissioner Hood asked that the meeting for the Charter Review Commission be 5 Charter Review Commission Joint Meeting with City Commission July 7, 2009 made known to the City Commission and was informed it would be open to the public. Adiournment TIre meeting adjourned at 6:57 p.m. 6