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HomeMy WebLinkAbout08-11-88 litrov 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 Page 2 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 Page 3 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 Page 4 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. Chairman Beatty l ir 1 6■ Ai . / .. JAC City Clerk Ilibir 0 how