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CHARTER REVISION MEETING HELD AUGUST 11, 1988
The meeting was called to order at 7:32 p.m. by Chairman Beatty.
Reverend Mitchell led in prayer and pledge to the flag.
PRESENT: Chairman Beatty, Board Members Hendrix, Mitchell and
Switzer, Attorneys Rosenthall and Mlsna, Acting City Clerk Grafton
ABSENT: Board Member Pounds was out of town.
APPROVALS: After reading the minutes Board Member Hendrix noted
that, on page 5, Mrs. Hager had referred to single- member districts
rather than single - family districts, and he then moved to approve
the minutes with that correction. Board Member Switzer seconded
and the motion carried unanimously.
REVIEW OF REVISED ITEMS TO ARTICLE VI OF THE CHARTER
The board reviewed the changes that had been made as recommended.
Section 5 had been changed to state the budget in positive terms
rather than negative. Section 7 deals with adoption of the budget
and the consensus was that any commission meeting at which the
budget will be discussed should have at least 7 days prior public
notice but not more than 30 days.
14. REVIEW OF REVISED ITEMS TO ARTICLE VII OF THE CHARTER
To the statement regarding the canvassing of election returns at
twelve o'clock noon following the day of the election the phrase
"as soon thereafter as practicable" was added. Attorney Rosenthal
advised the board that there are two forms for Article VII and
that the one showing two year terms would be in the base Charter
presented to voters and the one with four year terms will be
considered Amendment No. 2.
REVIEW OF REVISED ITEMS TO ARTICLE IX OF THE CHARTER
The board agreed to condense Section 1 C (1, 2, 3, and 4) and
refer to the Code of Ethics for Public Officers and Employees
under Florida Statutes. Any violation of state statutes will be
grounds for forfeiture of office and will make contracts voidable.
REVIEW OF REVISED ITEMS TO ARTICLE X OF THE CHARTER
Article X was also presented in two forms, one for two year
elections, which would be the base Charter, and one for four year
elections. The board agreed that, in both the base Charter and
Amendment No. 2, Section 2 (a)(3) an affirmative vote of 3
members rather than 4 should be required.
r`,,,. The board determined that, in both the base Charter and Amendment
No. 2, Section 4, regarding proposed Charter amendments, should be
changed to include "...shall be adopted by ordinance and submitted
to the voters for consideration no later than the next general
municipal election or at a special election called by the city
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Charter Revision Meeting
August 11, 1988
commission for such purpose."
In Section 3 the board agreed to delete "...be responsible for
reviewing the geographic boundaries of each single- member
district..." and insert "...review the boundaries of the single -
member districts... ".
In Section 4 the board also determined to delete "...unless
otherwise required by law."
REVIEW OF ARTICLE XI OF THE CHARTER
In Section 2(c)(3) the board recommended that the affirmative vote
of 3 members rather than 4 be required in order to be consistent
with the rest of the Charter.
Attorney Rosenthal explained that the method in this draft does
not work right now because the most current census data may not be
available early enough in 1991 to finalize the boundaries in time
`' for the 1992 elections. Also because in taking the establishing
of the boundaries to referendum we may never be able to draft
boundaries the public will like. A possible solution would be,
once single- member districts are established, to then initiate the
procedure of charter commission and review commission and then in
1990 or 1991 putting the recommendation before the city commission
to enact legislatively where the districts lie. An alternative to
that is to put a Charter amendment on the ballot for single -
member districts which has the districts presented when you ask
the voters to vote on it. As that is not possible for this
November, a non - binding ballot question could be used, ie "Should
a Charter commission be formed to establish regulations for
single- member districts and geographic boundaries to be presented
to the voters in 1990 ? ".
Chairman Beatty suggested, and the board agreed to, having
boundaries set independently by districting committee and having
the directions for that committee include drawing up
recommendations, holding public hearings, revising recommendations
prior to submittal to city commission in order for the city
commission to have public hearings and adopt ordinances in time
for the process to be completed by June 1, 1992. This is to
accommodate the needs of the elections office, candidates and
citizens. The board agreed to enhance Article X to indicate that
the Charter Review Board can be the agency that will redistrict
S rather than appoint a new committee, which essentially combines
Article X and XI. It was decided that the city commission should
appoint the Charter review board after the November 1991 election
and prior to November 30, 1991. That group will have authority to
review and change the Charter as well as determine the
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Charter Review Commission Meeting
August 11, 1988
districting. The districting boundaries are to be reviewed every
four years, using the best available information.
Attorney Rosenthal said that he could have a new Article X
prepared for the commission meeting August 16.
REVIEW WORKSHOP WITH THE CITY COMMISSION
Attorney Rosenthal briefed the board on the City Commission
changes to Section 8 C, explaining that they wanted it broken down
into 2 subparagraphs as it was dealing with two different
concepts. One of the paragraphs would say that at any time during
the fiscal year the city manager or city commission may transfer
part or all of any unencumbered appropriations balance among
programs within a department office or agency. The second
paragraph would say the City Commission may by ordinance transfer
part or all of any unencumbered appropriations balance from one
department to another. Attorney Rosenthal said he would have this
ready for City Commission meeting August 16.
In Section X a change was made to indicate the first regular
meeting of the fiscal year.
Section 1 was tabled until the next workshop.
Commissioner Bateman felt strongly that the Charter should
require staff to have at least 3 employees available to be
deputized to register voters. The board decided that, as the
supervisor of elections is in control of deputizing registrars,
that is not a Charter item.
In Article 7 Section 7 the phrase "by making an x" was deleted in
favor of "in manner required by supervisor of elections."
Chairman Beatty reviewed the presentation he was scheduled to give
at the regular meeting after the workshop August 16 and requested
an overhead projector and screen be available so that his
presentation would be picked up by the television camera. He also
asked that the public hearings scheduled for August 22 and 30 be
televised. During this review it was decided that "a majority
vote of all city commissioners" would replace the phrase "a
majority vote ". Also the requirement for commissioners to reside
in the single- member district they represent should begin in 1992.
Chairman Beatty said that the issue of growth has thus far been
avoided. Discussion revealed that all agreed that some limits
should be put on growth but that it probably was not an item for
the Charter.
The subject of the City Commission adhering to the agenda was
addressed but no method of tightening up the process was devised.
err
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Charter Revision Meeting
August 11, 1988
At the meeting next week a final draft of the Charter will be
reviewed and preparations made for the public hearings. Attorney
Rosenthal said that there will be editorial changes necessary and
the board agreed that he should do them. There was concern
expressed that the changes made after the public hearing on August
22 and 30 might affect the time table to get the Charter revision
on the ballot. The board will meet as required in order to see it
through.
ADJOURNMENT
Upon a motion by Member Hendrix and second by Member Mitchell
meeting adjourned at 10:08 p.m.
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