HomeMy WebLinkAbout07-07-97 MINUTES OF THE CITY OF OCOEE CHARTER REVIEW COMMISSION MEETING
ioksy HELD JULY 7, 1997
CALL TO ORDER
Chairman Beatty called the meeting to order at 7:15 p.m. in the commission chambers.
Member Combs led in prayer and then all repeated the pledge of allegiance. The roll was
called and a quorum declared present.
PRESENT: Chairman Beatty, Members Anderson, Combs, and Poplin. Also present were
City Manager Shapiro, City Attorney Rosenthal and City Clerk Grafton.
ABSENT: Member Dabbs
APPROVAL OF MINUTES OF JUNE 16, 1997 MEETING
Member Combs, seconded by Member Anderson, moved to approve the Minutes of the June
16, 1997 meeting as presented. Motion carried 4 -0, Member Dabbs was not present.
INPUT FROM CITY COMMISSION /CITIZENS
Chairman Beatty reported that he had requested input from the City Commission at its July 1
meeting after reviewing the chart showing the issues discussed. There were no comments at
that time but the Commissioners had indicated that they would either send a message or appear
at this meeting if an issue surfaced that needed attention. There was no one present who
wished to speak.
DISCUSSION /ACTION RE: INPUT AT THIS MEETING.
Chairman Beatty said that, as there were no changes to the preliminary report it would hold
and be presented again July 15. And also, as there was no ground swell of public pressure to
hurry up and make changes to the Charter the issues that have been proposed would easily wait
until the regular election in February or March. Member Combs, seconded by Member
Anderson, moved to add to the report the recommendation to have the Charter Review items
appear on the next regularly scheduled election, being February or March, because of the lack
of strong voter sentiment and any particularly pressing issue requiring a special election and all
the additional costs. Motion carried 4 -0. Member Dabbs was not present.
OTHER ITEMS NOT LISTED.
There were no new items to consider. However, in order to bring all the items to closure and
present a complete recommendation, consensus was reached to review those items on the chart
that had not been specifically answered and decide on a recommendation for each one.
► Tailor item Q on page C9 of the Charter "...free from weeds" to reflect the actual
requirement to have weeds cut.
Member Combs, seconded by Member Anderson, moved to recommend changing that phrase
"free from weeds" to either "maintain neatly" or "cut the weeds" and that the item be included
as a cleanup item. Motion carried 4 -0. Member Dabbs was not present.
Charter Review Commission Meeting
1 1460 July 7, 1997
► Specify in item Z on page C11 of the Charter who should be stocking the lakes with
fish.
City Manager Shapiro advised that the state had in the past stocked several lakes but due to
budget restraints they stopped. City Attorney Rosenthal said that the particular provision in
the Charter was not a mandate, but rather was a grant of authority to the City to stock such
areas with animal and plant life and to stock water areas with fish and aquatic life so that if the
City Commission chose to do that they would have the specific authority in the Charter.
Chairman Beatty, seconded by Member Poplin, moved to recommend taking no action on
this item. Motion carried 4 -0. Member Dabbs was not present.
► On page C14, define "bona fide resident."
Mr. Rosenthal said that this is the most universally accepted definition.
Chairman Beatty, seconded by Member Combs, moved to recommend taking no action on
this item. Motion carried 4 -0. Member Dabbs was not present.
• On item D page C19, change the requirement to send documents by registered mail to
send by certified mail.
Chairman Beatty, seconded by Member Anderson, moved to recommend changing the
requirement to send documents by registered mail to send by certified mail, and that this be
considered a cleanup item. Motion carried 4 -0. Member Dabbs was not present.
► Support 2 year terms of office.
Chairman Beatty, seconded by Member Poplin, moved that, as it has already been decided to
propose 3 year terms on the ballot, no action would be needed on this item, because if the 3
year proposal fails, the system would automatically retain 2 year terms. Motion carried 4 -0.
Member Dabbs was not present.
► Establish parameters /credentials for candidate for Mayor if Strong Mayor form of
government is determined.
Chairman Beatty, seconded by Member Combs, moved to make no recommendation on this
item as the Strong Mayor form of government is not being considered. Motion carried 4 -0.
Member Dabbs was not present.
• Page C5 §C -2 Questioned use of the word "choses" which means "personal property."
Chairman Beatty, seconded by Member Combs, moved to recommend changing the term
from "choses" to "personal property" and consider this a cleanup item. Motion carried 4 -0.
Member Dabbs was not present.
`fir Page 2 of 3
Charter Review Commission Meeting
ittor July 7, 1997
• Page C13 §C -9 Clarify use of the phrase "all members of the City Commission."
Chairman Beatty, seconded by Member Anderson, moved to make no recommendation on
this item as this clearly states the intent to require a majority of all members of the City
Commission when voting on certain issues rather than a majority of the members present at a
meeting. Motion carried 4 -0.
Member Dabbs was not present.
Is another Charter Review needed in 1999?
Chairman Beatty, seconded by Member Combs, moved to recommend that there not be
another Charter Review in 1999, but instead at least every five years from this year (2002,
2007, etc.) unless the City Commission sees a need at an earlier date, and that this item be
included as a cleanup item. Motion carried 4 -0. Member Dabbs was not present.
Mayor Vandergrift arrived and, after Chairman Beatty briefed him on the plan to present the
chart as a complete report to the City Commission at the next meeting, he expressed
appreciation to the members for serving the community.
RECAP OF RECOMMENDED CHANGES.
A review of the entire chart was not made at this time.
DIRECTION TO ATTORNEY /STAFF
Chairman Beatty directed City Clerk Grafton to make changes to the chart to reflect the
recommendations according to the motions just made and prepare the chart as a report to the
City Commission for his review. He noted that the City Commission will direct City Attorney
Rosenthal according to the decisions made upon review of the recommendations.
CONFIRM NEXT MEETING DATE
The next meeting will be called as needed.
ADJOURNMENT
Chairman Beatty, seconded by Member Anderson, moved to adjourn at 7:50 p.m. Motion
carried 4 -0.
APPROVED:
Charter Re, iew ' ommission
A eak
can Grafton, City C I - rk ce Betty, " airman
r Page 3 of 3
REPORT OF CHARTER REVIEW COMMISSION TO CITY COMMISSION
From January 27 through July 16, 1997, there were 10 duly advertised meetings held, 5 of those were public
earings. Citizen attendance was sparse, with fewer than ten citizens present at each meeting, with the
xception of the June 2 public hearing, which had been advertised by a mailout to each residential utility
address in the City. There were approximately 25 -30 citizens in attendance at that meeting. References to
"cleanup items" are items to be considered as a single ballot question. Items with a "Yes" are recommended as
individual ballot questions. Items with a "No" are items which were discussed but not recommended as Charter
amendments.
Number Recommended
ISSUES Introduced voicing an CRC Vote to be a
b opinion referendum
pro or con item:
2/10/97 - 3 year terms Vandergrift pro 5 con 5 6/2/97: 5 -0 to place 3 yr Yes
terms on ballot.
6/16/97: Also 4 - 0
to use 3 -2 -0 cycle pattern
and elect 2 Commissioners
and Mayor one year and 2
Commissioners the next
year, 3rd year - no election.
(Poplin not present for this
vote)"
1/27/97 - Call governing body Council Dabbs pro 1 3/24/97: 5 -0 to change the Cleanup item
rather than Commission, use Councilperson verbiage where the body is
ror Councilmember instead of Commissioner. spoken of as "Commission"
(Shapiro to check with Fla. League of Cities to "Council."
for proper word.)
2/10/97 - Tailor item Q on page C9 of the Scott 3/24/97: Tabled to be Cleanup item
Charter "...free from weeds" to reflect the Anderson considered later as cleanup.
actual requirement to have weeds cut. 7/7/97: 4 -0 to change
wording.
2/10/97 - On item D page C19, change the Scott 3/24/97: Tabled to be Cleanup item
requirement to send documents by registered Anderson considered later as cleanup.
mail to send by certified mail. 7/7/97: 4 -0 to change.
2/10/97 - Review the whole paragraph on Scott 3/24/97: Consensus to Cleanup item
item C -22 Removal -D on page C23 Anderson review entire process.
regarding the City Manager's receiving 5/12/97: Consensus to refer
salary during suspension. to attorney for rewriting to
be clearer but to keep the
3/10/97 - Repeated by Dabbs. same process.
6/16/97: Attorney's rewrite
of §C -21, C -22 and C -23 is
in attached excerpt of
minutes of 6/16/97 meeting.
2/10/97 - Review Charter every 4 -5 years Scott 3/24/97: 4 -1 to review Cleanup item
Anderson Charter every 5 years.
Dabbs - no.
Charter Review Commission Report to City Commission
from January 27, 1997 through July 7, 1997
Iry
3/10/97 - Pg. C5 §C -2 Questioned use of the Dabbs No action taken. 7/7/97: 4 -0 Cleanup item
word "choses" which means "personal to change to "personal
property" property."
3/1/0/97 - Pg.C14 §C -12 "...hold any other Dabbs 3/24/97: Consensus to Cleanup item
office" Does that mean "elective "? If so, include in clean up.
should so state.
3/10/97 - Pg.C27 §C -28 Remove City Clerk Dabbs 3/24/97: 4 -1 to remove. Cleanup item
position from Charter. Beatty - no.
6/2/97 - Remove Deputy City Clerk was
added as a given.
3/24/97 - Make Charter politically correct, Dabbs pro 1 3/24/97: No conversation Cleanup item
i.e., he /she; his/her, etc. recorded other than Beatty
agreed with Dabbs.
3/24/97 - Change wording in §C -30 Dabbs 5/12/97: 3 -0 to amend as Cleanup item
Personnel Board: "The Personnel Board shall proposed on both issues.
be responsible for developing reviewing (Anderson and Combs not
personnel policies for the city whi h are present to vote.)
submitted to them by the City'Manager and
recommending such policies to the City
Commission for adoption or amendment.
The Personnel Board shall also have such
I lliseother powers and duties as may be
established by ordinance by the City
Commission."
4/7/97 - Also include the addition that "the
City Manager should also adhere to the
Personnel Rules."
4/7/97 - Is another Charter Review needed in Beatty This question was not Cleanup item
1999? answered. 7/7/97: 4 -0 to
review Charter every 5
years unless needed sooner.
2/10/97 - Keep present Council/City Switzer pro 18 con 1 6/2/97: 4 -1 to make no No
Manager form of government. recommendation to City
Commission regarding any
changes in the form of
government. (Poplin - no)
2/10/97 - Return to city-wide vote for Woodson pro 14 con 6 6/2/97: 5 -0 to recommend No
Commissioners. (4 of these no change from present
pros method of voting in single
specified that member districts.
the Comm.
should live in
the district
represented.)
Page 2 of 4
• Charter Review Commission Report to City Commission
from January 27, 1997 through July 7, 1997
2/10/97- Establish Strong Mayor form of Vandergrift pro 1 6/2/97: See issue on No
government (giving mayor veto power in keeping Council/City
lieu of vote) Manager form of
government above
2/10/97 - Districting Comm. should be Linebarier No action was taken No
active all the time, keeping district
population relatively equal.
2/10/97 - Divide City into 2 districts instead Scott 3/24/97: Consensus not to No
of four with 2 Commissioners serving each Anderson support.
district.
2/10/97 - Should make fmal decision on Scott See issues above re: No
form of government. Anderson keeping Council/City
Manager form of
government.
2/10/97 - Specify in item Z on page C11 of Scott 3/24/97: Tabled to be No
the Charter who should be stocking the lakes Anderson considered later as cleanup.
with fish. 7/7/97: 4 -0 to take no
action.
2/10/97 - On page C14, define "bona fide Scott pro 1 3/24/97: Tabled to be No
resident." Anderson considered later as cleanup.
t ‘1nr 7/7/97: 4 -0 to take no
action.
2/10/97 - On item C -21 on page C22, change Scott 3/24/97: 4 -1 to support No
to require the City Manager to reside in the Anderson present policy that City
City. Manager may live outside
city limits subject to
approval of City
Commission. Poplin - no.
2/10/97 - Support 2 year terms of office Scott No action taken. 7/7/97: 4 -0 No
Anderson no action needed, as if 3
year term proposal fails this
is retained.
2/24/97 - Mayor appointed by Commission Mohnacky 3/24/97: 5 -0 to continue No
or Council election of Mayor.
3/10/97 - If mayor has veto power the Gleason 3/24/97: To be considered No
number of Commissioners should be with the larger Mayor issue.
increased to 5
3/10/97 - Establish parameters /credentials Parameters are same as No
for candidate for Mayor if Strong Mayor registered voter. 7/7/97: 4 -0
form of government is determined. change not being
considered - this not
required.
Page 3 of 4
Charter Review Commission Report to City Commission
from January 27, 1997 through July 7, 1997
3/10/97 - Should have term limits Gleason pro 1 4/7/97: 4 -0 to drop term No
2 support 2 limits as an issue.
term limit if (Poplin was absent)
terms are 4
yrs
3/10/97 - Either eliminate districts or update Gleason con 1 Discussed under the item No
the distribution every two years "Return to city-wide vote
for Commissioners."
3/10/97 - Pg. C13 §C -9 Clarify use of the Dabbs No action taken. 7/7/97: 4 -0 No
phrase "all members of the City to make no
Commission" recommendation.
3/10/97 - Pg. C23 §C -20 Paragraph should Dabbs 3/24/97: Consensus to No
be reworked if Strong Mayor form of consider as an aspect of
government goes through. Strong Mayor issue.
3/10/97 - Pg. C28 §C -29 Remove City Dabbs 3/24/97: Consensus to keep No
Prosecutor position from Charter. as Charter position.
3/10/97 - Pg C35 §C -45 Proposed presenting Dabbs pro 2 No specific vote here as 3 No - see above
3 or 4 year terms (3 years already proposed includes year terms were already for 3 year terms
at earlier meeting and will be counted there) 1 suggestion considered as a
to let citizens referendum item.
choose 3 or 4
4/7/97 - Hold elections a week before the Dabbs No action taken. No
general election.
5/12/97 - Should a fully paid fire department Strosnider 5/12/97: Consensus not to No
with adequate equipment be included in the include this as a Charter
Charter? issue
Respectfully submitted,
Charter Review Commission
Bruce Beatty, Chairman
Page 4 of 4