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HomeMy WebLinkAbout06-02-97 MINUTES OF THE CITY OF OCOEE CHARTER REVIEW COMMISSION MEETING HELD JUNE 2, 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, Dabbs, and Poplin (arrived at 7:18 p.m.). Also present were City Attorney Rosenthal and Deputy City Clerk Green. ABSENT: None. APPROVAL OF MINUTES OF MAY 12, 1997 MEETING Member Dabbs said that the use of the term "general" before "consensus" in paragraph three on page two was redundant and asked that it be stricken. Chairman Beatty requested correction of paragraph three on page one to reflect that it was the consensus of the Board, rather than his personal opinion, that the fire department technical issue was considered as an administrative issue. Member Combs, seconded by Member Dabbs, moved to approve the minutes as amended. Motion carried 5 -0. DISCUSSION /ACTION RE: For the benefit of those present who had not attended previous meetings of the Charter Review Commission (CRC), Chairman Beatty explained the board's role was to review the existing Charter, solicit input from citizens and others, and make recommendations to the City Commission on revisions that should be placed on the ballot regarding changes to the current Charter. TERMS OF OFFICE FOR MAYOR/COMMISSIONERS PLACE 3 YEAR TERMS ON BALLOT /RETAIN 2 YEAR TERMS. Chairman Beatty said this issue had been deferred from the last meeting for input from Member Combs. He pointed out that four year terms had been defeated when placed on the ballot as recommended by the last CRC. Member Combs said he could support three year terms, but that he thought four years would be too long. Mr. Harold Switzer, 609 East Lakeshore Drive, Mrs. Frances Watts, 43 Shell Key Court, Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, and Mr. Bill Simon, 175 North Bluford Avenue, spoke in favor of retaining two year terms. Former Commissioner Johnson, 21 Delaware Street, supported a change to three year terms. In response to a question from Member Combs, City Manager Shapiro said that council terms had been three or four years in the cities where he has been. He stated his concern about placing anything on referendum unless the citizens support the changes. Ocoee Charter Review Commission Nor June 2, 1997 Chairman Beatty said, while he understood Mr. Shapiro's concern, he thought members should not be hesitant, if they feel strongly about an issue, to recommend to City Commission that it go on the ballot. Member Poplin agreed with Mr. Shapiro that the people did not seem interested enough to come out. He supported term length of three years, if not four. Member Dabbs supported three year terms. Noting the time and attention required for Commissioners to grasp today's complex issues, he said the longer term would be both good for the City and less stressful for each Commissioner. Chairman Beatty related the lengths of council member terms in several cities. The terms varied from two to four years. Member Combs, seconded by Member Poplin, moved to recommend that a referendum item be placed on the ballot for three year terms. Motion carried 5 -0. Attorney Rosenthal said he would need direction on staggering of three year terms. Mr. Shapiro suggested two possible choices for staggering elections for three year terms: Year 1 - elect three /Year 2 - elect two /Year 3 - no election; or Year 1 - elect two /Year 2 - elect two /Year 3 - elect one. Following discussion about possible ways to implement three year terms, it was the consensus of the board to table further consideration of the staggering of terms until information could be obtained from other cities having three year terms. DISTRICTING - RETURN TO CITY -WIDE VOTE FOR COMMISSIONERS/ ELIMINATE DISTRICTS OR UPDATE EVERY 2 YEARS. Mrs. Watts, Mr. Simon, Mr. Mohnacky, Mr. Lewis Whitehead, 40 7th Avenue, and Mr. Rob Murray, 1411 Charleon Drive, supported returning to city -wide voting for commissioners. Former Commissioner Johnson supported city -wide voting, but having the Commissioners live in the various districts. Mr. Mohnacky asked how future changes to districts would be accomplished, and if it were a problem. Member Combs responded that it was an expensive problem. Attorney Rosenthal said most of the cases dealing with single member districts and the drawing of district lines relate to the one man/one vote rule which would not be applicable in city -wide voting for commissioners. He said under the previous Charter, before the City changed to single „►. 2 Ocoee Charter Review Commission June 2, 1997 member districts, the districts were fixed and were not changed with the census. He said districts could be changed with the census, but reacting to changes in population would not be as significant if voting is city -wide. Ms. Kathleen Weatherly, 610 Nicole Boulevard, spoke against city -wide voting for commissioners. Member Poplin said the concept of local government was to make it close to the people, and that closeness and bonding with Commissioners would be missed in city -wide voting. Mr. Robert Reed, 122 Olympus Drive, asked if there were data from other communities about whether their commissioners were elected by districts or city -wide. Chairman Beatty listed cities which elected commissioners by single member districts or at large, noting there was a split between the two options. He said one of the reasons the prior CRC had recommended placing single member districts on the ballot had been because it was an emerging trend in growing cities. He said it was a referendum item that was accepted by the people. He said if it were placed on the ballot again, it would be like asking if the voters meant what they said the last time. He said there was a problem in that the districts are not properly proportioned today. Member Combs expressed concern about the level of voter interest reflected in 25 % or 26 % turn out for elections. He recalled that, initially, consideration of single member districts had been prompted by concern about adequate representation for minorities as the City grew. He pointed out that growth had not brought a concentration of minorities in any one area of the City. In discussion which ensued about changing demographics in central Florida, Member Poplin said that many people preferred the terms "blacks," "Hispanics," etc. rather than "minorities." Former Commissioner Johnson supported having city -wide vote but requiring Commissioners to reside in their districts so that all would not be from one area of the City. Mr. Switzer pointed out that the growth of the City would be moving to the north as infrastructure was put in place, and that having a commissioner more familiar with that area might better serve the electorate. Ms. Mary Kicinski, 1102 Bellini Avenue, supported city -wide voting for commissioners. Member Dabbs supported retaining single member districts. Mr. Rosenthal explained that the options were: 1 - Leave as is with single member districts; fir.► 3 Ocoee Charter Review Commission June 2, 1997 2 - Maintain districts but have everybody in whole city vote (not generally called single member districts); or 3 - Have no districts with everyone elected at large. Chairman Beatty supported single member districts in which the Commissioner resides in the district and is elected by the voters in that district. Member Dabbs said he had been told that the people did not know what they were doing when they voted for single member districts, but that he does not subscribe to that theory. Member Dabbs, seconded by Member Combs, moved to recommend no change in single member districts as included in the current Charter. Motion carried 5 -0. STRONG MAYOR ISSUES - KEEP PRESENT FORM OF GOVERNMENT (MAYOR/COMMISSION -CITY MANAGER); ESTABLISH STRONG MAYOR FORM OF GOVERNMENT (MAYOR/ADMINISTRATOR); IF MAYOR IS GIVEN VETO POWER, EXPAND THE COMMISSION TO 5 MEMBERS. Former Commissioner Johnson, Mrs. Watts, Mr. Mohnacky, Mr. Simon and Mr. Lou Landefeld, 512 East Lakeshore Drive, supported retaining present form of government. Member Poplin said if the Mayor is elected city -wide, then the Mayor is responsible and is the person who faces the heat when things go wrong. He said mayors do not run the city themselves, but select administrators who would do the work. He said it is the duty of the person who is mayor to select the administrators who can carry through the job. Chairman Beatty said if the Mayor is in a charge in a Strong Mayor (Mayor /Administrator) form of government, then that person not only sets the policy but implements the policy. He said his preference is the current form of government. He said he views the Mayor /Commission as the board of directors elected by the people to set the policy and the City Administrator, the City Manager, as the person who is responsible for implementing the policy. He said if the policy is not implemented properly, then it is up to the board of Commissioners to remove the City Manager. He views the Mayor as responsible as the chairman of the board, but not involved with day to day operation of the company. He said the City needs a president of the company, which is in his mind the City Manager, to run the company and needs to search and get the best talents possible, in terms of education, knowledge, experience. He said he has a problem with needing to be able to elect a mayor from within the City to be able to be the president of the company. Member Poplin said the mayor was not going to run the city, but it would be the job of the mayor and commission to appoint someone with the expertise. He said he felt the mayor should have more power. ,., 4 Ocoee Charter Review Commission June 2, 1997 Member Dabbs said the latest research shows more council /manager forms of government by 10 to 1. He said "strong mayor" is more a thing from the past than a wave for the future. He asked that members recall the input from Mr. Tipton and Mayor Land in their earlier meeting. He said he thought the powers of neither the mayor or council members were weakened by the current Charter. Member Combs said he agreed with Member Dabbs. He said only 13 cities in Florida with population over 4,000 have the strong mayor form of government. He said he was concerned about qualifications, and especially concerned about veto power for the mayor. He supported retaining current form of government. Mr. Switzer supported retaining present form of government. He said he shares Member Comb's concern about the mayor having veto power. He asked why one person should have the power to veto what the group has agreed upon. He asked that districts be looked at more frequently so that the they might be more proportional. Mr. Rosenthal pointed out that the Charter currently calls for redistricting every five years and is a process taking place at this time. Mr. Jim Washington, 606 Palomas, Ms. Carol Johnson, 1914 Cassingham Circle, and Mr. y Nick Pagano, 201 Olympus Drive, supported the present form of government. Member Poplin said he wants to go to the people with the issue as he thinks there are those who want change. Chairman Beatty explained that he strongly favors keeping what we have. He said he sees no groundswell of support for strong mayor. He said the City needs a professional in the City Manager role, but does not need a mayor and multiple administrators. He said in the CRC meetings, only the current Mayor and Dr. Poplin have spoken in support of the change. Mr. Rosenthal said there were two possible motions: 1 - Recommend to City Commission that the Charter be amended to provide for strong mayor form of government; or 2 - To make no recommendation to the City Commission regarding any changes in the City Manager /Commission form of government. Member Combs. seconded by Member Anderson moved to make no recommendation to the City Commission re. ardin . an chan . es in the Ma or /Commission -Cit Mana ! er form of government. Motion carried 4 -1. with Member Poplin voting "No." In response to a question from Member Dabbs, City Attorney Rosenthal confirmed that it was 5 Ocoee Charter Review Commission June 2, 1997 understood that if the City Clerk were removed from the Charter that the Deputy City Clerk would also be removed. DIRECTION TO ATTORNEY /STAFF It was the consensus of the board to request research on how three year terms have been implemented by other cities, and to place it on the agenda for next meeting. (Mr. Shapiro will contact the League of Cities.) A recap of items that are changing in the base charter was also requested. CONFIRM NEXT MEETING DATE The next meeting has been set for June 16, 1997 at 7:15 p.m. ADJOURNMENT Member Dabbs, seconded by Member Combs, moved to adjourn at 8:42 p.m. Motion carried 5 -0. APPROVED: Charter Review Commission Marian Green, Deputy City Clerk ruce Beatty, hairman '.. 6