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HomeMy WebLinkAbout03-24-97 MINUTES OF THE CITY OF OCOEE CHARTER REVIEW COMMISSION .. MEETING HELD MARCH 24, 1997 No CALL TO ORDER Chairman Beatty called the meeting to order at 7:15 p.m. in the commission chambers, then led in prayer and the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Chairman Beatty, Vice Chairman Combs, Members Anderson, Dabbs (arrived 7:17 p.m.) and Poplin. Also present were City Attorney Rosenthal and Deputy City Clerk Green. ABSENT: None. APPROVAL OF MINUTES OF MARCH 10, 1997 MEETING Member Combs seconded b Member Anderson moved to a s . rove the minutes of the March 10, 1997 meeting as presented. Motion carried 5 -0. PUBLIC HEARING The public hearing was opened. Although no one wished to speak, Chairman Beatty encouraged anyone who wished to do so to give comment on a particular issue. Chairman Beatty reiterated the request from the March 10th meeting that staff provide the distribution of population within the districts and also for input from City staff about changes to the Charter primarily in the areas of advertising or publication or things that staff might find onerous in the current Charter. He asked the Clerk to check with the City Manager about responses from staff. Chairman Beatty asked for any comments, questions or suggestions about the summary of issues brought before the 1997 Charter Review Commission. Member Dabbs suggested as a technical matter that the issues list should reflect whether the comments came from the public or a board member. There was general agreement that the list should reflect whether the issue was proposed by the public or a board member. Chairman Beatty said he had received a telephone call from George Bailey of the West Orange Times which he had not returned. He asked Mr. Rosenthal if it would be a "government in the sunshine" problem if Mr. Bailey wished to discuss the Charter review. City Attorney Rosenthal said any individual board member can discuss the process with anyone who is not a member of the board but could not discuss it with each other. Mr. Beatty said the focus of his discussion would be technically what they have done, as he would refrain from expressing any opinion at this time. He said he has invited both papers to have people attend. Member Dabbs added two more suggestions to issues list: 1) Suggested that Charter should be politically correct as the term "he" is used throughout the document /should use term "him or her" or neuterize it. 2) Recommendation for change on page C29, § C -30 (C) concerning the Personnel Board ow as follows: Ocoee Charter Review Commission March 24, 1997 ......................... "The Personnel Board shall be responsible for developing I personnel policies ......... for the city ; tc ; 1 ;I <;t tb ;.::: ; :he C ty Ma ag r and recommending such policies to the City Commission for adoption nr amendment. The Personnel Board shall also have such other powers and duties as may be established by ordinance by the City Commission. " Chairman Beatty agreed that making the charter politically correct was appropriate. Member Poplin asked if it were the motive of the public hearings to gather the input such as the issues list and then to deliberate the issues in a meeting other than in a public hearing. Chairman Beatty said, because of government in the sunshine, it was important to deliberate the issues in a public forum, and Mr. Rosenthal concurred. DISCUSSION /ACTION RE: INPUT FROM CITIZENS AT THIS AND PREVIOUS PUBLIC HEARINGS It was the consensus of the board to begin discussion of the issues to give opinions and directions, and discussion proceeded as follows: 1. CALL THE GOVERNING BODY COUNCIL RATHER THAN COMMISSION. Chairman Beatty asked Mr. Rosenthal if there were any significant difference in the interpretation of the terms and if it mattered. Mr. Rosenthal said typically a commission is body where the members are involved in the administration of the City, i.e. running a City department. A council would be the more commonly used term or correct term to describe a body where the elected members are purely legislative. He said, from the standpoint of the legal operation of the Charter, the use of the term commission or council does not change the powers that the elected body has or does not have, or that the administrative staff has or does not have. Chairman Beatty asked, since the current Commissioners ran as Commissioners, would there be any problem if they elected to change the name to council. Mr. Rosenthal confirmed there would be no problem. Member Dabbs said this change had been his suggestion, and he thought it should say what it is. He said in local government the term "Commission" connotes that the commissioners have an area of responsibility and they do not. He said one of the bones of contention had been how much power does the Mayor have or not have. Chairman Beatty said he liked council. He thought it was more of a "clean up" type item, and not necessarily one that would have to be put on a referendum. 2 Ocoee Charter Review Commission March 24, 1997 Member Dabbs, seconded by Member Combs, moved to change the verbiage where the body is spoken of as "Commission" that it be addressed as "Council." Motion carried 5 -0. Mr. Rosenthal clarified, and there was general agreement, that what they were doing now was putting together a list of items as opposed to bringing back a specific document with changes made at this point. Chairman Beatty said it was important that they address all the items brought up by the public as well as those brought up by the board members. 2. KEEP PRESENT FORM OF GOVERNMENT (MAYOR/COMMISSION -CITY MANAGER). and 4. ESTABLISH STRONG MAYOR FORM OF GOVERNMENT. Chairman Beatty pointed out that the first issue had been supported by seven citizens and ties into the fourth issue which had been supported by one citizen. Member Dabbs said he was in fact finding stage and wanted more public input. Member Combs said he had concerns about the requirements for a candidate for strong mayor, and that someone might move in just to run for mayor. He asked Mr. Rosenthal if requirements could be strengthened. Mr. Rosenthal said the charters of other jurisdictions could be surveyed but he would be surprised if the survey revealed requirements more extensive than bona fide resident and minimal residency or age requirement. Chairman Beatty said he shared concern about the requirements and noted that some who are qualified are not interested in public service. Member Poplin said he doubted they would find educational requirement for public office anywhere in any democratic society. Chairman Beatty stressed that any referendum items taken to the citizens should be clearly framed so that citizens could make an informed choice. Member Dabbs said he does not share the concerns as democracy is a self - correcting process and that the public "has the right to be wrong." He said that being able to get elected is not the same thing as being able to lead or to manage, and there is a difference in leadership and management. It was his view that it would be okay to check with the League of Cities, but it would not be wise to spend tax payer money to find out what they already know. It was the consensus to table items 2 and 4 to check with the League of Cities about qualifications for mayor in those cities having strong mayor form of government. Member Combs volunteered to call the League of Cities about this issue. 3. RETURN TO CITY -WIDE VOTE FOR COMMISSIONERS. Chairman Beatty and Member Dabbs said there were advantages to retaining single member districts but that the districts needed to be balanced in population. Member Poplin strongly supports retaining single member districts as a means to get people involved. Member Combs 3 Ocoee Charter Review Commission Nifty March 24, 1997 said he did not vote for districts as a citizen and that some citizens who had did not understand what they were voting for. He expressed concern about the costs of redistricting, as the original cost of districting had been more than $10,000.00. Chairman Beatty said he felt that fair representation was a more overriding concern than was the cost. Member Anderson said he wanted more citizens to come out and voice their views. Commissioner Scott Anderson, 510 Orange Avenue, said the districts needed to be equalized whether or not commissioners are elected by district or city -wide. He suggested the board look at term limits in a strong mayor form of government. Mayor Vandergrift suggested the board consider the balance in powers of commissioners elected by voters in single districts as opposed to the mayor who is elected city -wide. He felt it would be appropriate for the mayor to be recognized more as a leader. He said the complaints he had received about the districting were from citizens who said they did not have an opportunity to vote against someone. Chairman Beatty explained the vision of the prior Charter Review Commission had been to go to single member districts to create a district level focus for a citizen and then to have the mayor elected at large to provide a second focus for that citizen. It was the consensus of the board to table and solicit more citizen input. lour 5. PLACE 3 YEAR TERMS ON THE BALLOT. and 14. SUPPORTED 2 YEAR TERMS OF OFFICE. Chairman Beatty said the prior Charter Review Commission had recommended two or four year terms in order to align with presidential or gubernatorial elections to maximize the turn out. Four year terms were proposed but declined by the voters. Chairman Beatty and Member Dabbs spoke in favor of longer terms. Attorney Rosenthal pointed out that with three year terms, unlike with four, the City would still have elections every year. It was the consensus of the board to table consideration of term length for additional public input. 6. DIVIDE CITY INTO 2 DISTRICTS (NORTH OF SILVER STAR ROAD AND SOUTH OF SILVER STAR ROAD) INSTEAD OF 4. It was the consensus of the board not to su s • ort dividin the Cit into 2 districts. 7. TAYLOR THE SENTENCE IN ITEM Q ON PAGE C9 OF THE CHARTER TO SPECIFY THAT WEEDS MUST BE CUT RATHER THAN THAT THE LAND MUST BE FREE FROM WEEDS. S. IN ITEM Z ON PAGE C11, CLARIFY WHO SHOULD BE STOCKING THE LAKES WITH FISH. fir,• 4 Ocoee Charter Review Commission March 24, 1997 9. PAGE C14 - DEFINE BONA FIDE RESIDENT. 10. ITEM D (PROCEDURE FOR FILING) ON PAGE C19, THE MAIL SHOULD BE SENT CERTIFIED RATHER THAN REGISTERED. It was the consensus of the board to table items 7 through 10 to be considered later as "clean- up" items. 11. ITEM C -21 ON PAGE C22, CHANGE TO REQUIRE THE CITY MANAGER TO RESIDE IN THE CITY. Mr. Rosenthal pointed out that the provisions in the current Charter allow the City Manager to reside outside the City while employed as City Manager subject to the approval of the City Commission. If that were to be changed in the Charter, then it would prohibit the City Commission from granting that approval. Member Combs asked for clarification of the requirement for residency in the State of Florida. Mr. Rosenthal said residency is generally that which a person declares to be the address for purposes of voter registration, drivers license, receipt of mail and "where does the person sleep at night on a regular basis." Member Combs moved to require the City Manager to reside in the City within a reasonable period after appointment. Motion failed for lack of second. Member Dabbs suggested that C -21 gets at the essence of what Mr. Combs is saying. Member Poplin asked what was the benefit of the person residing in the City. Chairman Beatty said they would experience the life of the City and would be here in time of emergency. Commission Scott Anderson asked if Commission can vote to change a charter mandate. Mr. Rosenthal said Commission could not overrule the Charter. Mr. Anderson said he supports requiring the City Manager to live in the City. Member Poplin moved that it be mandatory for the City Manager to reside in the City of Ocoee within a reasonable time. Motion failed for lack of second. After further consideration, Member Combs. seconded by Member Dabbs moved to endorse the current Ian. a. e in C -21 concernin. Cit Mana. er residenc requirement. Motion carried 4 -1, with Member Poplin voting "No." 12. REVIEW WHOLE PARAGRAPH OF ITEM C -22 ON PAGE C23 REGARDING SALARY DURING PERIOD OF SUSPENSION. **or 5 Ocoee Charter Review Commission March 24, 1997 Chairman Beatty suggested tabling this for consideration during "clean -up" and the board agreed by consensus. Attorney Rosenthal addressed the possibility for voter confusion if both Strong Mayor form of government and City Manager position issues are on the ballot. Member Dabbs asked if all the changes to the Charter had to go to the people or to the Commission. Mr. Rosenthal said all changes would have to go to the City Commission to be adopted in an ordinance to be considered at a referendum. Chairman Beatty said every item did not have to be listed as a referendum item, that "housekeeping" changes could be made. Mr. Rosenthal pointed out that the adoption last time of an entire new Charter allowed a wide variety of issues to be addressed without specifity on the ballot. He said he would have to reserve judgment about a particular change until he saw what the package is and how it looks. He pointed out that some matters may be packaged but there are some rules regarding single subject issues. many into one question. Chairman Beatty said the City may need to adopt an all new charter in order to include "housekeeping," technical issues and then have the option of one, two or three other issues which would then go back and amend the base charter as was done in the first Charter review. Member Combs asked how those issues could be explained to the public. Member Dabbs asked if four or five housekeeping items could be combined and be clear. Mr. Rosenthal said terminology could probably be found to describe purely non - substantive changes such as "he and she" and commission to council. He said that adding a residency requirement for the City Manager or taking away the authority of the City Commission to allow the City Manager to live outside the City would be substantive issues. 13. CHARTER REVIEW SHOULD BE DONE EVERY 4 TO 5 YEARS RATHER THAN 10 YEARS. Member Combs said he felt 10 years between charter review was too long in light of the growth in the City. Chairman Beatty pointed out that the current provision allows City Commission to request review more frequently at their discretion. Mr. Rosenthal pointed out in Article X, §C -59 the requirement to appoint a Charter Review Commission in 1999 and every ten years thereafter. He said the meeting of this group would not affect the obligation of the City Commission to appoint a Charter Review Commission no later than December 15, 1999. Chairman Beatty said he understood that as "they shall appoint one no later than December 15, 1 1.0 , 6 Ocoee Charter Review Commission March 24, 1997 1999" and they have already appointed one in 1996. He said the intent was that they had to have one every ten years, not that they had to have one in 1996 and 1999. Mr. Rosenthal said the issue is one of tracking. He said he had advised the City Commission that because this Charter Review Commission was appointed in response to issues being raised, that under the Charter they have the discretion to appoint earlier than 1999, should they elect to do so and they did. Chairman Beatty, Member Poplin and Member Dabbs differed with Mr. Rosenthal's interpretation that the Commission would need to appoint another Charter Review Commission in 1999. Member Dabbs said he felt the current language permitted the appointment of a review commission when it was needed in the judgment of the Commission. Chairman Beatty said it was his concern because under the last charter, the Commission did not elect to review it for 18 years. Mrs. Frances Watts, 43 Shell Key Court, said if the Charter Review Commission did a good job it shouldn't have to be done for another ten years. Mr. Rosenthal said the Commission could have appointed a Charter Review Commission for the sole purpose of holding public hearings to identify a specific issue and bring back a recommendation. If it had been the body that was to meet every ten years, he did not believe they could have limited the charge. Member Combs, seconded by Member Anderson, moved to change the appointment of a Charter Review Commission to every five (5) years. Motion carried 4 -1, with Member Dabbs voting "No." 15. MAYOR APPOINTED BY COMMISSION OR COUNCIL. Chairman Beatty, seconded by Member Combs, moved to continue election of the Mayor. Motion carried 5 -0. 16. IF MAYOR IS GIVEN VETO POWER, EXPAND THE COMMISSION TO 5 MEMBERS. It was the consensus of the board to table for consideration along with the larger Mayor issue. 17. ESTABLISH PARAMETERS /CREDENTIALS FOR CANDIDATE FOR MAYOR IF STRONG MAYOR FORM OF GOVERNMENT IS DETERMINED. It was consensus of the board to table until additional information is received from the League of Cities. *troy 7 Ocoee Charter Review Commission March 24, 1997 18. ESTABLISH TERM LIMITS. Members Dabbs and Combs said they could support a two (2) term limit if the terms were four (4) years. Chairman Beatty said he had reservations about term limits, and that it should be a referendum item. Commissioner Scott Anderson spoke against term limits. It was the consensus of the board to table for further consideration. 19. EITHER ELIMINATE DISTRICTS OR UPDATE THE DISTRIBUTION EVERY TWO YEARS. Chairman Beatty noted that the need for balanced districts had already been discussed (under Item 3.) 20. CONSIDER ADDING "ELECTIVE" TO THE PHRASE "HOLD ANY OTHER OFFICE" ON PAGE C- 14, §C -12. Chairman Beatty said he thought the intent had been that they didn't want commissioners being involved in holding federal, state or county elected offices. All agreed that was not what was said. It was the consensus of the board to clarify this item in "clean-up." 21. REVIEW THE PARAGRAPH REGARDING THE DUTIES OF THE MAYOR ON PAGE C22, §C - 20. Member Dabbs said he was not asking to change the section, but just wanted to point out that the Charter clearly expresses the duties of the Mayor. It was the consensus of the board to consider further as an aspect of the "Strong Mayor" issue. 22. REVIEW THE SECTION ON THE REMOVAL OF A CITY MANAGER ON PAGE C23, §C - 22. It was consensus of the board to review the entire process. 23. SHOULD THE CITY CLERK POSITION REMAIN A CHARTER ITEM? Member Dabbs said that since the City Clerk reports to the City Manager, the clerk should be taken from the Charter and treated as all other department heads. Chairman Beatty said he would like to do further research on the issue. He said it had been discussed in the prior Charter review to make sure the City always had a Clerk and to outline duties as custodian of the seal and ordinances and resolutions, etc. Member Dabbs seconded b Member Combs moved to remove the Cit Clerk •osition from the Charter. Motion carried 4 -1, with Chairman Beatty votin ' "No." 24. SHOULD THE CITY PROSECUTOR REMAIN A CHARTER ITEM? Member Dabbs asked if cities continued to have City Prosecutors. 8 Ocoee Charter Review Commission March 24, 1997 Mr. Rosenthal said there are issues being discussed regarding the enforcement of municipal ordinances, as there are a variety of municipal ordinances that the state attorney will not enforce. The City of Orlando, for instance, has hired a prosecutor to do that. Chairman Beatty said the old Charter had required a prosecutor and the language had been changed to "may" in the prior Charter review. It was the consensus of the board for the City Prosecutor to remain a Charter item. DIRECTION TO ATTORNEY /STAFF Chairman Beatty said that two items brought up by Mr. Dabbs in the March 10th meeting were not on the issues list and asked the City Clerk to add them for deliberation next time. He also asked that the minutes segregate public input items and board discussion items. For the next meeting Chairman Beatty asked the City Clerk to: Solicit from the City Manager any input that the City departments have on technical issues relating to the Charter. To update issues list. To advertise the meeting to solicit public input again. ikr '"' Martha Lopez Anderson, 1796 Cassingham Circle, said there needed to be an explanation about what the Charter does in the West Orange Time and in the Sentinel Orange Extra, and board members agreed. Commissioner Scott Anderson, suggested putting the agenda items to be discussed in the Times or Orange Extra. Chairman Beatty suggested writing a paper and presenting it to the paper to print as a public service. Member Dabbs suggested inserting a statement in the water bills or having Boy Scouts deliver flyers to neighborhoods. He volunteered to help write a "one- pager." Chairman Beatt moved to send a re I resentative to the A I ril 1 Cit Commission meetin . or call City Manager Shapiro, to propose the above. Motion died for lack of second. Mrs. Frances Watts said the information should be included in a newspaper article rather than ads for which the City must pay. Martha Lopez Anderson volunteered to prepare the information and layout with her publisher `4411.. 9 Ocoee Charter Review Commission March 24, 1997 software. In further discussion, it was agreed to accept her offer with the understanding it would be faxed to the City Clerk for distribution to the board members for their input. SET NEXT MEETING DATE It was the consensus to set next meeting for April 7, 1997 at 7:15 p.m. Member Poplin said he would be in Washington on April 6th and cannot be present. ADJOURNMENT Member Dabbs, seconded by Member Combs, moved to adjourn at 9:20 p.m. APPROVED: Charter Review Commission k a A, Sum() Ce 4.4 Marian Green, Deputy City Clerk B 'ce Beat , ' irman 'gorse *4460, 10