HomeMy WebLinkAbout04-07-97 MINUTES OF THE CITY OF OCOEE CHARTER REVIEW COMMISSION
MEETING HELD APRIL 7, 1997
CALL TO ORDER
Chairman Beatty called the meeting to order at 7:15 p.m. in the commission chambers.
Member Dabbs led in prayer and Chairman Beatty led in the pledge of allegiance. The roll
was called and a quorum declared present.
PRESENT: Chairman Beatty, Vice Chairman Combs, Members Anderson, and Dabbs. Also
present were City Attorney Rosenthal and Deputy City Clerk Green.
ABSENT: Member Poplin.
APPROVAL OF MINUTES OF MARCH 24, 1997 MEETING
Member Combs seconded by Member Anderson, moved to approve the minutes of the March
24, 1997 meeting as presented. Motion carried 4 -0. Member Poplin was absent.
PUBLIC HEARING
Chairman Beatty said the public hearing would be informal and asked citizens who wished to
address the board to raise their hands so they might be recognized to speak at any time during
the meeting. In response to a question from Chairman Beatty, City Attorney Rosenthal advised
that the board could receive input as public comment and that it was not necessary to do so in
a public hearing.
Chairman Beatty directed attention to a memorandum from Acting City Clerk Green reporting
the response of David Ramba, Esq., Assistant General Counsel for the Florida League of Cities,
stating that charter requirements for mayor in Florida cities having strong mayor form of
government were the same as those for commissioners: registered voter, resident at the time of
qualifying, and 18 or 21 years of age.
Chief Strosnider had responded to members request for input from staff on technical charter
issues in a memo to Interim City Manager Shapiro dated March 25, 1997. There was agreement
to consider on the next agenda Chief Strosnider's memo and that received from any other staff.
Chairman Beatty reported that in the April 1st meeting of the City Commission he had given
an update on the work of the Charter Review Commission (CRC) and explained their desire for
effective publicity. He said City Commission had approved the expenditure of $3,500.00 for
advertising of the CRC meetings in a direct mail -out subject to CRC members deciding how to
use the funds most effectively. Mr. Beatty suggested sending out a straw ballot when the issues
had been defined. He said citizens' response would assist the CRC in framing up the issues to
be submitted to the City Commission and would help the City Commission determine what
issues might then go to referendum.
Mrs. Martha Lopez Anderson, 1796 Cassingham Circle, submitted a suggested mail -out.
Ocoee Charter Review Commission
Now April 7, 1997
In further discussion members agreed to include all of their remaining meetings in the
advertisement, to choose a suggested mail -out in the next meeting and to submit it, as a
courtesy, to City Commission in their May 6th meeting.
The board then set a tentative schedule for remaining CRC meetings as follows:
Monday, April 28th - 7:15 p.m.
Monday, May 12th - 7:15 p.m.
Monday, June 2nd - 7:15 p.m.
Monday June 16th - 7:15 p.m.
Monday June 30th - 7:15 p.m. (if needed)
(Tuesday, July 1st - Target date to present draft of issues to City Commission)
Monday, July 7th - 7:15 p.m. (caucus on input received from City Commission on 7/1)
(Tuesday, July 15th - Redraft to City Commission for additional input)
Monday, July 21st - 7:15 p.m. (if needed)
(Tuesday, August 5th - Submission of final recommendation to City Commission)
There was general agreement to present a draft of issues rather than a formal ordinance to City
Commission on July 1st.
In response to a question from Mrs. Frances Watts, Mr. Rosenthal said Charter changes could
r be voted on in a special referendum or on the regular ballot in February, 1998.
Former Commissioner Gleason, 856 Hammocks Drive, questioned spending additional funds
to have a special referendum. He said that, based on the turnout from citizens in the CRC
meetings, changing the charter does not appear to be a burning issue. He suggested letting the
citizens who want change prove they have support for it via verified signatures.
Chairman Beatty said he wants to weigh the issues with the CRC to determine those which are
significant and those which are insignificant. He said to recommend taking any issue to
referendum, he would need to feel that a consensus of the population, or at least the consensus
of the CRC, considered it to be a significant issue that needed to be addressed. He said, for
example, if the gender issue had to be a referendum item, he would give up the gender issue.
Chairman Beatty said he believed strongly that the CRC needed to get information to the
citizens about the pros and cons on any issue that members want to take to the Commission.
He suggested a two -step approach: (1) advertise what the CRC will talk about and when they
will talk about it; and (2) a second mailing, possibly a straw ballot, once issues have been
identified, to be returned on a post card to help determine any strong feeling of the citizens.
Member Combs supported a mail -out to encourage the citizens to attend CRC meetings, but did
not support a straw ballot as he did not believe it would be effective.
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Ocoee Charter Review Commission
*kiw April 7, 1997
Member Dabbs said he did not support the straw ballot. He said that, while it might be of
some benefit to Commission members as they sense the public's perception, he thought only
those who felt strongly about an issue would mark it and return it.
Chairman Beatty said he understands that Apopka had sent out a straw ballot, and he will call
Mayor Land about how they used it and what they did with it.
It was the consensus to put ideas together for a mail -out, approve in the next meeting and send
to Commission for approval.
DISCUSSION /ACTION RE: INPUT FROM CITIZENS AT THIS AND PREVIOUS
PUBLIC HEARINGS
It was the consensus of the board to reduce the issues list and discussion proceeded as follows:
Establish term limits.
Chairman Beatt seconded b Member Dabbs, moved to dro . term limits as an issue.
Motion carried 4 -0. Member Poplin was absent.
Consider change on page C29 - item C -30 (C) concerning the Personnel Board.
"The Personnel Board shall be responsible for des eloping reviewing personnel policies for the
City whiscb::are sub rn ; them ; b::, ; t eeit a la er and recommending such policies to the
"" City Commission for adoption g*Oritfrogg. The Personnel Board shall also have such other
powers and duties as may be established by ordinance by the City Commission."
Member Dabbs said he might wish to change this item to state that the City Manager should
also adhere to the Personnel Rules, and that currently that is not the case.
Mr. Rosenthal said he believed that, pursuant to direction from the City Commission, a revision
of the personnel rules was being prepared which would make the City Manager subject to them.
He said that a large number of the personnel rules refer to matters that go to the City Manager,
so some provisions could not apply.
Mr. Dabbs said it was his feeling that the leader ought to model the kinds of behaviors that he
or she wants from the people that report to him or her, and that has not always been the case.
It was the consensus to table this item for further consideration.
Should the City Clerk position remain a Charter item?
The CRC had previously voted to remove the position from the Charter. Chairman Beatty
asked Mr. Rosenthal if the removal would be a referendum it said he thought it best to
leave it the way it is if it would have to go to referendum. Mr. Rosenthal said he did not
. g i lpin, poll
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Ocoee Charter Review Commission
Sow April 7, 1997
believe so, and that as members review other charters, they may wish to note which ones include
City Clerk.
Members determined issues to be discussed in the April 28th and May 12th meetings, then
Chairman Beatty went over issues list noting action taken, status, and date to be considered
where applicable. (Issues list attached with notations.)
Issues to be considered April 28th:
Technical issues suggested by staff.
Personnel Board [page C29, item C -30 (C)]
Removal of City Manager [page C23, item C -22]
Salary of City Manager during period of suspension [page C23, item C -22]
Terms of Office for Mayor /Commissioners -
Place 3 year terms on ballot
Retain 2 year terms
Districting -
Return to city -wide vote for commissioners
Eliminate districts or update every 2 years
Discussion/Approval of mail -out to forward to City Commission for approval.
Issues to be considered May 12th:
Strong Mayor Issues
Keep present form of government (Mayor /Commission -City Manager)
Establish Strong Mayor form of government
If Mayor is given veto power, expand the Commission to 5 members.
Chairman Beatty requested the Charter from the City of Orlando so that he might check if
Orlando's boards were charter boards or boards of administration.
Member Dabbs said he had been through the Charter and has shared those things which he
wishes to discuss, so unless they hear "burning issues" from the public, he thought they were
on schedule and could meet the aggressive deadline.
Chairman Beatty said he wants to look through other charters for good ideas to consider.
Member Dabbs said he thought Oviedo had a good idea about elections. He said they hold their
election a week before the general election, and while they are not on the general election ballot,
they "ride the tide" of the voters interest. He said if Ocoee cannot get back on the general
election ballot, they might want to look at that as a time to hold an election.
Chairman Beatty added to issues list: Is another Charter Review needed in 1999?
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Ocoee Charter Review Commission
April 7, 1997
Member Combs pointed out that the CRC had voted to review the Charter every five years.
Member Dabbs said he did not see the need to have review every five years. He said he felt
the current language requiring review every ten years was sufficient, as it permits earlier review
if needed.
Betty Hager, speaking as an appointee of the Districting Commission, asked if they would be
meeting.
City Attorney Rosenthal explained that if ultimately the Charter issues go on a February, 1998
ballot, it will be necessary for the Districting Commission to have acted prior to that time to
have redistricted for the February, 1998 election. If there were going to be a summer
referendum on the Charter, it might not have been necessary for the Districting Commission to
meet, but since now it would appear that under the best of circumstances, the earliest a
referendum could occur would be the Fall, then the Districting Commission would need to have
a report back to the City Commission prior to that time.
Mrs. Martha Lopez Anderson said there needed to be an explanation about what the Charter
does in the West Orange Times and in the Sentinel Orange Extra, and board members agreed.
DIRECTION TO ATTORNEY /STAFF
Chairman Beatty said he will call Mr. Shapiro regarding the population of the districts
information which he had requested.
SET NEXT MEETING DATE
Earlier in the meeting, the next meeting had been set for April 28, 1997 at 7:15 p.m.
ADJOURNMENT
Member Dabbs seconded by Member Combs, moved to adjourn at 8:35 p.m. Motion carried
4 -0. Member Poplin was absent.
APPROVED:
Charter Review Commission
))/to 441 czko I ot
Marian Green, Deputy City Clerk B ce B c hairman
Sk 5
ATTACHMENT
to
Charter Review Commission
Minutes of April 7, 1997
ISSUES BROUGHT BEFORE THE 1997 CHARTER REVIEW COMMISSION FOR
CONSIDERATION DURING THE PUBLIC HEARINGS OF February 10, 24, March 10, 24, 1997:
The total number who spoke to each issue is noted at the end of the item. There may have been citizens
in the audience who were not counted who shared the opinions expressed, but refrained from speaking to
avoid being redundant.
v 4. J
• ) Call the governing body council rather than commission. Board - Dabbs
5 / 12 • T Keep present form of government (Mayor /Commission -City Manager) Public - 7
+ 1 a $ • 1" Return to city-wide vote for commissioners. Mayor /Public - 4
57 1 • T Establish Strong Mayor form of government. Mayor
i f Ial.S • T Place 3 year terms on the ballot. Mayor /Public - 2
• 14 Divide City into 2 districts (north of Silver Star Road and South of Silver Star Road) instead of 4.
Commissioner Scott Anderson
• C /u 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. Commissioner Scott Anderson
• C / V In item Z on page C 11, clarify who should be stocking the lakes with fish. Commissioner Scott
Anderson
ti 6 Pit caw/ Page C14 - define bona fide resident. Commissioner Scott Anderson/Board - Dabbs
• C. I u Item D (Procedure for Filing) on page C19, the mail should be sent certified rather than registered.
Commissoner Scott Anderson
r �n k1 -tom Item C -21 on page C22, change to require the City Manager to reside in the City. Commissioner Scott
Anderson
'Hal • T Review whole paragraph of item C -22 on page C23 regarding salary during period of suspension.
Commissioner Scott Anderson/Public - 1
R 5 F . • ! Charter review should be done every 405 years rather than 10 years. Commissioner Scott Anderson
4 118 • T Supported 2 year terms of office. Commissioner Scott Anderson
• Mayor appointed by commission or council. Public - 1
5/1.5, • T If mayor is given veto power, expand the commission to 5 members. Public - 1
N Prc.itba Establish parameters /credentials for candidate for mayor if strong mayor form of government is
determined. Public - 1 /Board - Combs
No a LTV) ti Establish term limits. Public - 1
411.1 • T Either eliminate districts or update the distribution every two years. Public - 1
Q R.o p Pg. C5 - item C -2, questioned use of archaic legal term "chosen" for personal property. Board -
Dabbs
� Pg. C13 - item C -9, clarification on use of the phrase "all members of the City Commission" in the
last paragraph. Board - Dabbs
• C)a Consider adding "elective" to the phrase "hold any other office" on page C14, item C -12. Board 1 0ww w Dabbs
54 / 11, • T Review the paragraph regarding the duties of the mayor on page C22, item C -20. Board - Dabbs
Now
+ Ili • T Review the section on the removal of a city manager on page C23, item C -22. Board - Dabbs
• Should the City Clerk position remain a Charter item? Board - Dabbs
N 0 Q1G'r1eN Should the City Prosecutor remain a Charter item? Board - Dabbs
• y L harter should be politically correct - i.e., he /she, him/her. Board - Dabbs, Beatty
4.11% • T Consider change on pg. C29 - item C -30 (C) concerning the Personnel Board, "The Personnel Board
shall be responsible for dcva.1u reviewing personnel policies for the city which °are°submittedIo
their liy the'City Manager and recommending such policies to the City Commission for adoption of
amendment. The Personnel Board shall also have such other powers and duties as may be established
by ordinance by the City Commission." Board - Dabbs
P►DD eN 4 11:
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