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Home My WebLink About06-02-88 CHARTER REVISION COMMITTEE MEETING HELD JUNE 2, 1988 Chairman Beatty called the meeting to order at 7:35 p.rn. and led in a moment of silent prayer and pledge to the flag. PRESENT: Chairman Beatty, Board Members Switzer, Pounds, Hendrix and Mitchell (arrived at 7:40 p.m.), Attorneys Rosenthal and Mlsna, City Manager Ryan and City Clerk Catron. ABSENT: None APPROVALS Chairman Beatty noted a correction to the minutes of the May 12, 1988 Meeting as follows: correct the spelling of the word "resolution" on Page 2 Under Section 2 - Line 2. Harold Switzer moved to approve the minutes as corrected, Edwin Pounds seconded and the motion carried unanimously. Jim Mitchell moved to approve the minutes of the May 26, 1988 Meeting, Harold Switzer seconded and the motion carried unanimously. REVIEW OF ARTICLE V OF THE CHARTER - Section 4 - City Clerk Chairman Beatty explained that this section of the Charter had been tabled until City Clerk Catron was present for the discussion. He stated the the current section of the Charter was nebulous and did not define the duties of the City Clerk. The following recommendations were made by the board: The City Clerk would be appointed by and under the direction and control of the City Manager and the clerk's salary would be fixed by the City Commission during the normal budget process. Attorney Rosenthal suggested they might want to include an Assistant City Clerk. After discussion, the board recommended the attorney draft language similar to that of the Assistant City Manager and include verbage that the City Clerk would recommend someone subject to approval by the City Manager. Several alternatives for duties of the City Clerk were presented for their review and the following duties were recommended: Give notice of Commission Meetings; Attend all City Commission meetings and keep minutes of the meetings to be signed by the Mayor and attested by the City Clerk at the next meeting; Custodian of the City Seal, ordinances, resolutions and all papers pertaining to the affairs of the City; Preserve and file all contracts to which the City is a party; Post all ordinances when required; Attest to the Mayor's signature on all ordinances, resolutions, contracts, etc.; Preserve and maintain an ordinance and a resolution book; and Perform all other duties appropriate to the office of the City Clerk as imposed by law, City Ordinances and City Manager. They also suggested a provision be added that the City Clerk could appoint Deputy 1 Page 2 Charter Revision Committee Soar June 2, 1988 Clerks. REVIEW OF ARTICLE VIII OF THE CHARTER Attorney Rosenthal suggested that since Article VIII dealt with bonds, they might want to include bonds in the title. The following suggestions were made: Section 1 - No changes recommended. Sections 2 - 38 - It was recommended that these sections be repealed as they were no longer current under State Statute and were functions under the Property Appraiser and Tax Collector. They also were not included in the present charter but the sections were marked reserved. Section 39 - General Obligation Bonds - The current City Charter provided for a debt limit on the bonds to not exceed 50% of assessed value of taxable property within the city. After discussion, the board recommended this be changed to 25 %. Jim Mitchell stated that he would abstain from voting on this issue since he was not a property owner within the City. Chairman Beatty stated that they valued his opinion r and would like his input. Mr. Mitchell also agreed with the 25%. Attorney Rosenthal stated that on the election requirement, it would have to be changed to "electors" instead of "freeholders" as "freeholders" was found to violate the Equal Protection Clause of the U.S. Constitution. Section 40 - No changes recommended. Section 41 - Attorney Rosthenal stated that this section was consistent with State Law and if they decided to include it in the Charter, he recommended that language be inserted clarifying that each purpose was to be presented separately, although on the same ballot. NOTE: It was recommended that Sections 40 and 41 be included in Section 39 as B & C and Section 39 would become A. NOTE ON BOND PROVISIONS: The attorney noted that the current Charter did not provide for any issuance of any bonds except the general obligation bonds. The State Statutes do authorize municipalities to issue many other types of bonds and specify how they may be issued. Since the City had purchased revenue bonds, the board asked the attorney to draft something on providing for the issuance of other types of bonds. 2 Page 3 411600 Charter Revision Committee June 02, 1988 OTHERS Personnel Policies Chairman Beatty asked City Manager Ryan the status of the oersonnel policies and the Merit Board. City Manager Ryan explained that the Merit Board was no longer in existence and a committee had been appointed and was working on revised oersonnel rules and regulations. Mr. Ryan stated tnat those items did not need to be chartered since the city was overned by federal and state laws. Also, if there were any ehanges in those laws, if our rules and regulations were done ay croioance, we then could amend or cnange our ordnance. The board members agreed with the City Manager but �elt that the matter of a personnel system should be addressed in the Charter. They directed the attorney to draft something that would provide for a board that would consist of the Commission, employees and community at larce or a mix of each. They would have duties of revising and updating the personnel rules and regulations. Police Department f th i ti th �� This item had been tabled from e previous m�e ,�e �� e hard wanted the input from the City Manager on whether he felt this department should be included in the Charter. There was some concern about a "tyrant" city manager being ab to do away with the Police Department. City Manager Ryan stated that the time might come when the City would war.t to contract these services, either totally or partially; therefore, they might want to consider leaving it out of the Charter. After discussion, the concensus of the board was to not include the Police Department in the Charter. . Schedule the Next Meeting Tonight's meeting concluded the review of Article V and VIII of the Charter. Attorney Rosenthal suggested review ief Aice ;:I and IX at the next meeting. The next meeting was scheduled for June 16, 1988 at 7:30 p.m.. Mr. Switzer stated tHa: ne would be out of town and would not be present at that meeting. C`airman Beatty asked the attorney to craft something similar to Oran;i:e County regarding the proposed cnanges to the Cnarter. He asked the City Clerk to find out what the cost would be on preparing an insert for the West Orange Time Attorney Rosenthal told the board that Orange County was talking about going to single member districts in 1990 using the current census data and then change in two years a+ter ',kw the 1990 census data was available and asked if they wanted to consider doing the same. The board members agreed to wait until the 1990 census data was available. Attorney Rosenthal 3 ' Page 4 Saw Charter Review Commission June 02, 1988 alo asked if they wanted the Charter Revision Committee tc' have the power to take the amendments to referendum without going to the City Commission. The board agreed that - 1 - :v wanted the power to take the amendment to referendum without going to the City Commission. Agenda items for consideration for the next meeting were the Code Enforcement Board ant Planning and Zoning Commission as chartered b COMMENTS A wor was to be scheduled with the City Commission sometime in July. Chairman Beatty stated that he would attend the June 7. 1988 City Commission Meeting and Present an update on their progress and request the July workshop. Chairman Beatty also asked for wording on the strength of tne Over 65 Program and that a balanced budget provision Le included in Article VI - this was requested at previous meetings. A revision of Article VI with the proposed changes will be included on the aqenda for 6-16-88 meetinq. City Manager Ryan cautioned the board on the proposed inclusion of the Over 65 Program as it might be putting it under a le7,1 n:.cro scope. %re Ha.`old Switzer moved to adJourn, Edwin Pounds seconded and the motion carried unanimously. The meeting adjourned at 1005 p.m.. CHAIRMAN BEATTY ATTEST: _______________________ CTTY CLERK CATRON