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HomeMy WebLinkAbout06-16-88 CHARTER REVISION COMMITTEE MEETING HELD JUNE 16, 1988 Nia ""' Vice- Chairman Mitchell called the meeting to order at 7:40 p.m. and led in prayer and pledge to the flag. (Chairman Beatty arrived at 7:50 p.m.) PRESENT: Chairman Beatty, Board Members Mitchell. Pounds, and Hendrix, Attorneys Rosenthal and Mlsna and City Clerk Catron. ABSENT: Board Member Switzer was out of town. APPROVALS Corrections were made to the minutes of the 6 -2 -88 Minutes as follows: Page 3, line 9 "or" should be "our" and on Page 4, line 3 - sentence that begins "The board agreed voters of the City" should be deleted in its entirety and the following sentence added - "The board agreed that they wanted the power to take the amendment to referendum without going to the City Commission ". Tom Hendrix moved to approve the Minutes of the 6 -2 -88 Meeting as amended, Edwin Pounds seconded and the motion carried unanimously. REVIEW OF REVISED ITEMS TO ARTICLE VI OF THE CHARTER FINANCIAL PROCEDURES *k Attorney Rosenthal pointed out the revisions that they had requested to be made to Article VI and asked them to refer to a memorandum from Allyson Creasman. The word "city" had been inserted before the words "manager" and "commission" throughout Article VI. The provision had been inserted that addressed measures to be taken to reduce expenses and increase the City's economic efficiency. A new section was established that would require the city to maintain a balanced budget including the issuance of bonds and other indebtedness. Most of Section 7 was deleted since the matter was covered in State Statutes. The provison allowing for emergency appropriations and levy of taxes was deleted from Section 8. The five year capital program was added to Section 9. Section 10 was cleaned up to clarify the use of depositories and amounts as authorized by the laws of Florida. Most of Section 11 was deleted as it was dealt with in State Statute. Section 12 was deleted as it was covered by State Statute. Section 14 was changed to reflect that investment of funds would be by the laws of Florida. REVIEW OF ARTICLE VII OF THE CHARTER - NOMINATIONS & ELECTIONS Attorney Rosenthal presented a brief overview and stated that they needed direction from the committee on several issues. Some of the sections were dealt with in Florida Statute. The following suggestions were made to Article VII. 1 Page 2 Charter Revision Committee June 16, 1988 Section 1 - The timing of elections was consistent with Florida Law and recommended as stated "elections held on first Tuesday after first Monday in November ". There was discussion on the length of terms for the Mayor and Commissioners. The present Charter provided for staggered two year terms, the Mayor and one Commissioner one year and three Commissioners the following year. Chairman Beatty stated that this was one item he would like to see broken out and presented as a charter amendment and the board agreed. There had been some interest from some of the Commissioners on extending the terms to four years and stagger the terms every two years. The board felt if that method was used then the Mayor and 2 Commissioners should be elected during the Presidential Election and then 2 Commissioners during the Gubenatorial Election. On the item of run -offs, the board recommended the dates for the run -off election be changed from 7 to 15 days to "7 to 30" days. The designation of Commission Seats was discussed along with the idea of single member districts. This issue was to also be broken out of the charter as an amendment since it was such a sensitive issue. Attorney Rosenthal stated that they would draft some language for them to review. Section 2 - This section was deleted and the recommended Nwp alternative by the attorney was approved: "Any person who is a resident of the city, who has qualified as an elector of this state, and who registers in the manner prescribed by general law, shall be an elector of the city ". Section 3 - This section was deleted and the recommended alternative by the attorney was approved: "Electors shall register with the appropriate officials of Orange County, Florida. The City Commission shall have authority to make such arrangements as may be necessary for the certification of the list of eligible electors qualified to vote in a city election ". Section 4 - Most of this section was covered by State Statute or could be dealt with by an ordinance. The City Commission would designate the polling places and give notice of elections in the charter and the remainder of the items would be handled by an ordinance. Section 5 - The Canvassing Board would be the Mayor and the 2 Commissioners that were not up for election. Section 6 & 7 - These were to be combined into one section and no changes were recommended. Section 8 - There were no changes made to this section. 'fin Page 3 Charter Revision Committee June 16, 1988 REVIEW OF ARTICLE IX OF THE CHARTER - GENERAL PROVISIONS Section 1 - All of the board felt there was value in leaving this section in the Charter as presented. Section 2 - Attorney Rosenthal recommended that references to abolition of the current city be deleted and the section be re- titled "Continuation of Officers and Ordinances" and be moved to Article I, "Creation of Municipality ". Section 3 - The attorney recommended the deletion of this section. Chairman Beatty stated that the effective date of this proposed charter would need to be addressed. Most of the board wanted it to become effective immediately and the attorney sugggested 10 days so that absentee votes could be counted and everything completed. Section 4 - The attorneys recommended this section be re- titled "Construction of Charter" and to note that, in some instances, the Charter was intended to be more restrictive than state law. Section 5 - The attorneys recommended this section be re- titled "Severability of Provisions" and that the severabililty provisions be strengthened. Chairman Beatty stated that this was the best place to provide for the Charter Revision Committee or by a separate article. REVIEW OF REVISED ITEMS TO ARTICLE VIII Jim Mitchell moved to amend the agenda to include the review of the revised items to Article VIII, Edwin Pounds seconded and the motion carried unanimously. As had been discussed, Article VIII had been re- titled "Levy of Taxes and Issuance of Bonds ". Sections 2 - 38 had been deleted. Former Section 39 had been renumbered, the 50< debt limit reduced to 25%, references to "freeholders" changed to "electors" and the three sections dealing with general obligations bonds had been incorporated into this new section. Former Section 40 was renumbered to 2 (b) and Former Section 41 was renumbered to 2 (c) and the term "freeholders" changed to "electors ". A new section 3 was added to clarify that, except as regards general obligation bonds, the taxing and bonding powers of the City under Article VIII are supplementary to, and not in place of, the powers granted to the City under state law. `fir' 3 Page 4 Charter Revision Committee June 16, 1988 OTHERS Chairman Beatty explained that he had talked to the City Commission regarding their progress and that he had asked them to keep the law firm. The Commission approved the use of the law firm of Foley and Lardner through 1988. He also stated that he had appeared before a special meeting of the Commission regarding the City Attorney position and spoke in favor of their firm. He stated that at least two commissioners made the statement that they did not want this on the November ballot because of ballot overload. Mr. Beatty said he did not agree if they could complete the review thoroughly in time for the November Election. He also stated that they had a workshop with the City Commission on their two July meetings - July 5 and 19 at 6:30 p.m. and encouraged them to attend. CEB and P & 2 Boards as Charter Boards was tabled until the next meeting. The review of Article II, items 1 through 25 was to be agended for June 23, 1988 meeting at. 7:30 p.m.. Attorney Rosenthal asked if the board wanted him to distribute the proposed revisions that had been completed to the City Commission. Mr. Beatty said that he would take care of doing that and would outline the various changes that had been proposed. Attorney Rosenthal stated that he would review everything that had been done. Tom Hendrix moved to adjourn, Edwin Pounds seconded and the motion carried unanimously. The meeting adjourned at 9:35 p.m.. CHAIRMAN BEATTY ATTEST: CITY CLERK CATRON 4