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HomeMy WebLinkAbout04-07-88 CHARTER REVISION COMMITTEE MEETING HELD APRIL 7, 1988 The meeting was called to order at 7:35 p.m. by Chairman Beatty and Rev. Mitchell led in prayer and pledge to the flag. PRESENT: Chairman Beatty, Board Members Switzer, Pounds, Hendrix and Mitchell, Attorneys Rosenthal and Mlsna, and City Clerk Catron. ABSENT: None APPROVALS Chairman Beatty made the following correction to the Minutes of the 3-24-88 Meeting: On Page 1, under review of Section 1, line 13 - delete the word "not". Ed Pounds moved to approve the Minutes of the April 7, 1988 Meeeting as corrected, Tom Hendrix seconded and the motion carried unanaimously. REVIEW OF ARTICLE %I% OF THE CHARTER Sections 1 through 11 of Article III were reviewed at the last meeting; therefore, the committee proceeded with the review of the rest of the sections of Article III. Section 12 - This section dealt with introduction, passage and enacting clause of ordinances. Alternatives suggested were to change the enacting clause, require �_ legislative format and give the Mayor the authority of veto `- power. The attorney recommended deletion of the section since it was addressed in the State Statute. The board members agreed to recommend deleting Section 12. Rev. Mitchell asked that the public be made aware that they were not trying to hide anything by deleting some of these sections. Section 13 - This section dealt with recordation and publication of ordinances. The attorney recommended deleting this section since it overlaped Florida Statutes and the last part imposed stricter requirements. The board members agreed on the deletion of this section but asked that a short sentence be included stating that resolutions and ordinances would be passed according to State Statute. R. P. Mohnacky, 1820 Prairie Lake Blvd., Ocoee, asked if the State Statutes would be available. Attorney Rosenthal said it would be cumbersome to have all of the statutes available. Mr. Mohnacky was told that they were available in City Hall. When a draft of the Charter was available, then those sections of the State Statute that apply would be copied if possible. Section 14 - This section dealt with Initiative and referendum - petitions, etc.. The alternatives recommended for addition to Section 14 were : Provide for this *Nor Section to be inapplicable to the budget, capital program or 1 Page 2 Charter Revision Committee April 7, 1988 �� any ordinance relating to the appropriation of money or levy of taxes - also salaries of city officers or employees; Provide for a "petitioner's committee" which shall consist of the voters who initiate the initiative or referendum proceedings; Provide for the affidavit to include the addresses of the persons signing and a statement that each signer had an opportunity to read the ordinance before signing; Provide for an amendment procedure if the petition is deemed insufficient; Provide for suspension of the ordinance sought to be reconsidered; Provide for submission of the ordinance to the voters if the Commission failed to act within a specified period of time; Provide for the right to withdraw the petition; and Provide for the availability of copies of the proposed or referred ordinance at the polls. The board recommended that the wording be used from the model charters and incorporated into this section. Section 15 - This section dealt with the duties of the city clerk. Alterntives recommended for addition to this section were: Set a 30 day time limit within which the certificate must be completed; Require specification of any deficiencies in the petition (to the petitioner's committee in writing); and provide for a designee of the city clerk. board also agreed not to charge a fee. The ^ Section 16 - This section dealt with setting the date for the election, notice and manner of holding. The board recommended requiring at least 60 day notice for a referendum election and to add the provision that an ordinance could be submitted to the voters if the Commission failed to adopt the proposed initiative within a specified period of time or failed to repeal the referred ordinance within a specified period of time. Section 17 - There were no recommended changes for this section which dealt with a majority vote required. Section 18 - There were no recommended changes for this section which dealt with repeal of ordinances adopted by electoral vote. NOTE: The attorneys recommended that Sections 15, 16, and 17 of Article III be incorporated into Section 14 of Article III since they all relate to initiative and referendum petitions. After discussion it was decided that Section 18 would also be , incorporated into Section 14 of Article III. RECESS: 8:55 P.M. CALL TO ORDER: 9:05 P.M. -_'- Page 3 Charter Revision Committee April 7, 1988 Ns, Section 19 - This section dealt with the duties and emergency powers of the Mayor. The board stated that the Vice-Mayor provision should be included in this section and they added another provision that the Mayor would prepare an annual state of the City message. Section 20 - This section dealt with emergency ordinances. They attorney recommended deletion of this section since it was addressed by the Florida Statutes. The board agreed but felt, as in previous sections, that it should be referenced as pertaining to State Statutes. Section 21 - This section dealt with elections - when terms begin. It was recommended that this section be moved to Article VII with no changes. SUMMARY: Sections 12 & 20 would be deleted, Section 21 moved to Article VII, and Sections 15, 16, 17, & 18 would be incorporated into Section 14. COMMENTS R. P. Mohnacky asked that copies of the memorandums from the attorneys be made available for the public at these meetings titer and Chairman Beatty stated that we would provide the copies for the public to review. The next meeting will be held on April 21, 1988. Harold Switzer moved to adjourn, Tom Hendrix seconded and the motion carried unanimously. The meeting adjourned at 9:25 p.m.. CHAIRMAN BEATTY ATTEST: CITY CLERK *kw