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HomeMy WebLinkAbout09-01-88 MINUTES OF THE CHARTER REVISION COMMITTEE HELD SEPTEMBER 1, 1988 'err The meeting was called to order at 7:36 p.m. by Chairman Beatty in the training room at the community center. Rev. Mitchell led in the prayer and pledge of allegiance to the flag. Present: Chairman Beatty, Committee Members Switzer, Hendrix and Mitchell. Also present were Attorneys Rosenthal and Mlsna and City Clerk Grafton. Absent: Committeeman Pounds Approvals: Chairman Beatty, in discussing the Minutes of the Meeting of August 18, called attention to Article III, Section 6 requiring three affirmative votes for resolutions and ordinances. Mr. Beatty stated he felt resolutions required only a majority of those present while ordinances did require three affirmative votes. Attorney Rosenthal deferred to the Florida Statutes, which, if he recalled correctly, did not differentiate between resolutions and ordinances votes. The current Charter requires three votes for ordinances. Chairman Beatty expressed his opinion that the resolution vote should be less restrictive. Attorney Rosenthal explained the problems with the current Charter that would allow a Sww quorum of two Commissioners and the Mayor to be present but would not allow for passage of resolutions and ordinances because only two of the three could vote. The consensus of the Committee was to leave the three vote clause as it was written. Chairman Beatty questioned the six months vacancy and special election condition. Attorney Rosenthal had not checked this. Committeeman Mitchell, seconded by Committeeman Hendrix, moved to approve the Minutes of August 18, 1988. The motion carried unanimously. In the Minutes of the Public Hearing on August 22, Chairman Beatty corrected the statement, "In reality this would give the Mayor more responsibility" to, "the Mayor would be held responsible ". Also, Mayor Ison spoke as a citizen. Committeeman Switzer, seconded by Committeeman Mitchell, moved to approvethe Minutes as amended. The motion carried unanimously. Review of Public Hearing of August 30, 1988. Chairman Beatty commented he had heard no new comments at this meeting. The question of recall remained. Attorney Mlsna distributed the section of Florida Statutes dealing with municipal recall. The statute clearly states that when there are single member districts, a commissioner can be recalled from the district by 10% of the registered voters of that district. The committee consensus was to not add any special language to the recall section of the Charter. Agenda language in Article 3, Section 5, proposed Charter non - legislative version, states how the Agenda will be 4 011" , compiled and also states that only Agenda items or emergency items may be acted upon by the City Commission. The Mayor will have the power to determine what will constitute an emergency matter. Page 2 Ilkor Charter Revision Committee September 1, 1988 Committeeman Mitchell, seconded by Committeeman Switzer, moved to approve the addition of "Agenda Item" to the Charter. The motion carried unanimously. Attorney Rosenthal stated that he had not had time to research the "What if no one runs ?" question. He stated that on Page 25 language had been added to state that the terms of office begin with swearing in and terminate when a successor is sworn in. This could be modified to avoid the possibility of a Commissioner serving indefinitely. Mr. Rosenthal mentioned he feels there is some ambiguity in this section. There was a great deal of discussion regarding vacancies, special elections, qualifying periods and other related issues. Chairman Beatty asked the attorneys if qualifying these issues would have benefit. Mr. Rosenthal answered that it was well to identify the issues, however, it was not likely that they would cause problems. Mr. Beatty said that if a couple of sentences would remedy the problem, he felt it should be done. Committeeman Mitchell suggested that as this was a minor adjustment, he saw no reason not to correct it. Add to Article 7, Section 2, end of the last paragraph: "Notwithstanding the foregoing, in the event no candidate qualifies for the office of mayor or a specific seat on the city commission, then such office or seat shall be declared vacant by the Canvassing Board at its meeting following the general municipal election ". ",,,. Committeeman Hendrix, seconded by Committeeman Mitchell, moved that the language above be approved. The motion carried unanimously. Page 10, Section 9, Paragraph C. Committeeman Mitchell, seconded by Committeeman Hendrix, moved to leave this paragraph as is. The motion carried unanimously. Committeeman Switzer asked, for clarification purposes only, if it would be possible to meet with the City Manager once each year not in a public meeting. Mr.Rosenthal answered that, due to the sunshine law, it is necessary to do this in public session. Committeeman Mitchell requested an explanation of Addendum A. The Florida Statute that deals with charter amendments excludes the right to amend the provisions dealing with corporate boundaries. It was therefore necessary to attach this addendum and to incorporate it by reference on Page 1, Section 6. Section 7, dealing with extension of corporate boundaries, will correct any current or future errors. Attorney Rosenthal asked the committee to look at the ordinances, since it would be necessary to recommend the three ordinances to the City Commission. Added was a statement regarding the districting to be done in 1992 and with City Commissioners to be elected by districts beginning in 1992. A statement was added to ,_ clarify the phasing in of the four terms of Commissioners. Before the first reading of the three ordinances, the report of the Charter Revision Committee will appear. Page 3 Charter Revision Committee September 1, 1988 Committeeman Hendrix, seconded by Committeeman Switzer, moved to recommend for adoption to the City Commission Ordinance 88 -27, Revised Charter of the City of Ocoee. The motion was carried unanimously. Committeeman Mitchell, seconded by Committeeman Switzer, moved to recommend for adoption to the City Commission Ordinance 88 -28, redistricting. The motion carried unanimously. Committeeman Switzer, seconded by Committeeman Hendrix, moved to recommend for adoption to the City Commission Ordinance 88 -29, change in term length for Commissioners. The motion carried unanimously. Chairman Beatty stated that this would be the last meeting unless the Commission referred changes back to this Committee. He urged members to attend the September 6 meeting of the City Commission. Comments: Attorney Attorney Rosenthal stated that it was his pleasure to work with this committee. Attorney Mlsna added that she enjoyed this work and it had been a very good experience. Board Members Chairman Beatty stated that the help of the attorneys was invaluable and their contribution was positive. He is pleased with the results. He thanked the Board. They all served well and in harmony. Committeeman Mitchell talked about presenting this information to the public. The chairman offered to bring this before the Commission. They suggested either a direct mailing or a newspaper insert. Committeeman Mitchell, seconded by Committeeman Hendrix, moved to recommend to the City Commission, following adoption of the three ordinances, that the Commission determine some means for informing the public, either through a newspaper insert or a direct mailing to registered voters, of the Charter revisions. Committee Mitchell commended Chairman Beatty for the tremendous job he has done, even going beyond his terms of office, in representing this committee to the Commission and the public. Adjournment: Committeeman Hendrix, seconded by Committeeman Switzer, moved to adjourn at 9:45 p.m. ATTEST: Ci Clerk Bruce Beatty, Chairman Charter Revision Committee