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HomeMy WebLinkAboutItem #16 Commission Response to the Report from the Districting Commission the Center of Good Lty AGENDA ITEM COVER SHEET Meeting Date: November 15, 2011 IUD Reviewed By: olkO Contact Name: Beth Eikenberry Department Director: ; - %„4,; 6 / r �..,_`- Contact Number: X1022 City Manager: Subject: Commission Response to the Report from the Districting Commission Background Summary: The Districting Commission presented a report to the Ocoee City Commission at the Commission Meeting on September 6, 2011. Vice Chair Victoria Laney explained that the Districting Commission had created six board plans and after several meetings and a public hearing, the board unanimously recommended Board Plan 5 because it considered future growth. She also stated that they offered Board Plan 6 as an alternative option because it created very equal population right now (deviation of all districts were under 0.4 %) without estimating future growth. After further discussion at the Commission Meeting on November 1, 2011, the commission consensus was in favor of Board Plan 6 and staff was directed to bring this item forward for an official vote on the next agenda. Issue: Should the Mayor and City Commission direct staff to prepare an ordinance drawing new geographic boundaries for the four single- member districts as submitted by the Districting Commission in Board Plan 6 Revised and bring back to the Commission for public hearing and adoption. Recommendations Staff recommends the Honorable Mayor and Commission accept Board Plan 6 Revised and direct staff to prepare an ordinance drawing new geographic boundaries for the four single- member districts. Attachments: Charter; Article Xl, C -66 Establishment of Districting Commission Report of the Districting Commission Map of Board Plan 6 Revised Minutes of the Districting Commission Public Hearing Financial Impact: None Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Presentation /Commission Approval X Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Municode Page 1 of 2 § C -66. - Establishment of Districting Commission. A. Appointment of members. The City Commission shall establish a Districting Commission after November 15, 1991, but no later than December 15, 1991, and every five (5) years thereafter (i.e., 1996, 2001, etc.) a new Districting Commission shall be appointed by the City Commission after November 15 but no later than December 15 of that year. A Districting Commission may also be appointed by the City Commission at such other times as deemed necessary by the City Commission. The Districting Commission shall consist of five (5) members who shall be appointed by majority vote of the City Commission and who shall serve on such commission for terms of one (1) year, unless such terms are extended by the City Commission. B. Removal; vacancies. (1) Removal. Any member of the Districting Commission may be removed by the City Commission in accordance with the following procedures: (a) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal. A copy of the resolution shall be promptly delivered to the member of the Districting Commission sought to be removed. (b) Within five (5) days after a copy of the resolution is delivered to the member sought to be removed, such member may file with the City Commission a written reply and /or a written request for a public hearing. This hearing shall be held at a City Commission meeting no earlier than fifteen (15) days and no later than thirty (30) days after the request is filed. (c) The City Commission may adopt by affirmative vote of a majority of all its members a final resolution of removal, which may be made effective immediately. Such resolution, if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a copy of the preliminary resolution was delivered to the member sought to be removed, if such member has not requested a public hearing. If such member has requested a hearing, such resolution, if adopted, must be adopted within forty -five (45) days from the date of the hearing. (2) Vacancies. If any vacancy occurs in the Districting Commission, a qualified individual shall be appointed by the City Commission to serve in place of the member who created the vacancy. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. C. Powers and duties. (1) The Districting Commission shall serve as an advisory body to the City Commission with respect to the establishment of initial geographic boundaries of the four (4) single- member districts of the City of Ocoee. Each new Districting Commission shall serve as an advisory body to the City Commission with respect to the redistricting of such boundaries. (2) Upon its initial appointment in 1991, the Districting Commission shall review the most current, official census data, together with all other data relevant to the establishment of initial geographic boundaries of the four (4) single- member districts, and shall prepare a report to the City Commission that contains recommendations concerning such boundaries. (3) Upon appointment of a new Districting Commission in 1996, and every five (5) years thereafter, the Districting Commission shall review the geographic boundaries of the four (4) single- member districts in light of the most current, official census data, together with all other data relevant to the redistricting of geographic boundaries. The Districting Commission shall prepare a report to the City Commission containing recommendations, if any, for the adjustment of district boundaries. (4) All recommendations concerning the geographic boundaries of single- member districts shall be prepared in compliance with the following criteria: (a) Each district shall be formed of compact, contiguous territory and shall be as rectangular as possible. To the extent possible, the boundary lines of each district shall follow the center lines of streets. (b) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution. (c) The boundaries of each district shall, to the extent possible, be aligned with the boundaries of the county precincts within the city and with the boundaries of the city. (d) All reports containing recommendations shall include a map that sets forth the proposed boundaries of each district. .�� D. Recommendations to the City Commission. All reports of the Districting Commission shall be available to the public and submitted to the City Commission in accordance with such reasonable deadlines as may be established by the City Commission or as may otherwise be required by law. Within two (2) months of the receipt of any such reports, the City Commission shall accept or reject the http: // library. municode .com /print.aspx ?clientID =14323 &HTMRequest= http % a %2f%2fli... 11/9/2011 Municode Page 2 of 2 recommendations contained therein, or the City Commission may send such reports back to the Districting Commission for further study and consideration. The establishment of the initial geographic boundaries of the four (4) single- member districts and any subsequent redistricting of such boundaries shall be done by ordinance by the City Commission; provided, however, that the City Commission shall not establish or redistrict such boundaries until after receipt of a report from the Districting Commission containing recommendations relating thereto, unless the Districting Commission fails to deliver its report by the deadline established by the City Commission. E Officers. The Districting Commission shall create and elect appropriate officers as it deems necessary for the orderly conduct of its specific duties. F. Support. It shall be the responsibility of the Planning Department, or such other department as may be designated by the City Manager, to provide technical data and assistance to the Districting Commission. City staff shall also be available to assist the Districting Commission as needed. G. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the Districting Commission. http : / /library.municode.com/print. aspx ?clientlD = 14323 &HTMRequest= http %3 a %2f%2fli... 11/9/2011 Cit y of Ocoee 2011 Districting Commission Recommendation Re p ort August 31, 2011 Board Members Lester Dabbs, Chair Victoria Laney, Vice Chair Tony Adams Julie Butler Joe Chinelly A Formal Presentation will be made at the next regular City Commission meeting on September 6, 2011 Summary: On June 7, 2011 the City Commission voted to create an early Districting Commission in order to change the commission district boundaries in time for the 2012 Municipal Election. The Districting Commission began meeting in July 2011 and has held six meetings, including a Public Hearing on August 30, 2011. The board began with population data from the 2010 Census, and considered other factors such as future growth, race /ethnicity percentages, zoning, foreclosures, etc. to create a plan that would work efficiently over the five year period. After creating and reviewing six redistricting plans, the Districting Commission first voted to eliminate Board Plans 1 through 4, and then unanimously voted to recommend Board Plan 5 to the City Commission as the most preferred plan. Process: Ocoee City Charter Article XI, Section C -66(D) Recommendations to the City Commission. All reports of the Districting Commission shall be available to the public and submitted to the City Commission in accordance with such reasonable deadlines as may be established by the City Commission or as may otherwise be required by law. Within two (2) months of the receipt of any such reports, the City Commission shall accept or reject the recommendations contained therein, or the City Commission may send such reports back to the Districting Commission for further study and consideration. The establishment of the initial geographic boundaries of the four (4) single- member districts and any subsequent redistricting of such boundaries shall be done by ordinance by the City Commission; provided, however, that the City Commission shall not establish or redistrict such boundaries until after receipt of a report from the Districting Commission containing recommendations relating thereto, unless the Districting Commission fails to deliver its report by the deadline established by the City Commission. Recommendation: After creating and reviewing six various plans for the redistricting of the City of Ocoee commission districts and holding a Public Hearing on August 30, 2011, the Districting Commission unanimously voted to recommend Board Plan #5. Attachments: Current District Boundary Map Board Plan #5 Map (recommended by Districting Commission) Board Plan #6 Map Minutes of the Districting Commission PowerPoint Presentation from August 30 Public Hearing MINUTES OF THE CITY OF OCOEE DISTRICTING COMMISSION PUBLIC HEARING HELD AUGUST 30, 2011 CALL TO ORDER Chairman Dabbs called the meeting to order at 6:30 p.m. in the Commission Chambers. He then led in prayer and the Pledge of Allegiance. The roll was called and a quorum declared present. PRESENT Chairman Dabbs, Vice Chair Laney, Members Butler, and Chinelly were present. Also present were City Attorney Rosenthal, Staff GIS Analyst O'Halloran, City Clerk Eikenberry and Deputy City Clerk Sibbitt. ABSENT Member Adams was absent. GUEST Also present were Mayor Vandergrift, Commissioner Hood, Commissioner Wilsen, Commissioner Johnson, Commissioner Keller, and Supervisor of Elections Bill Cowles. APPROVAL OF MINUTES FOR AUGUST 24, 2011 Vice Chair Laney, seconded by Member Chinellv, moved to approve the regular minutes of August 24, 2011. Motion carried unanimously. OLD BUSINESS PRESENTATION OF DATA RELATED TO THE MAPS AND THE PROCESS BY WHICH THE DISTRICTING COMMISSION SELECTED REVISED BOARD PLANS 5 & 6 — GIS ANALYST O'HALLORAN GIS Analyst O'Halloran gave a PowerPoint presentation regarding what went into the board plans. His PowerPoint presentation covered the revised board plans 5 & 6, as well as, explanation on the process of eliminating board plans 1 -4 due to similarities. Further explanation was given on the charter requirement, which was the reason the committee was formed, as well as, the 2010 census numbers and the splitting of census blocks among more than one district (i.e. a district boundary line going through a census block would require that census block to be split). Information was also provided showing the comparison of the 2007 commission district population with the 2010 commission district population, race and ethnic groups within the districts, foreclosures for 2007 and 2010, and planned residential projects. Chairman Dabbs briefly interrupted GIS Analyst O'Halloran to welcome the Mayor, Commissioner Hood, Commissioner Wilsen, Commissioner Johnson, Commissioner Keller, and Supervisor of Elections Bill Cowles, as guests before the board. City of Ocoee Districting Commission Public Hearing August 30, 2011 GIS Analyst O'Halloran provided commission district population and deviation % numbers for the existing population and for the two revised board plans; all plans were within the allowed 5% deviation. He ended his presentation by showing an aerial photograph of each location being affected by the boundary changes, proposed by the board, for revised board plan 5 and 6. DEVIATION CHART Current Board Plan 5 Board Plan 6 District 1 3.96 0.19 0.17 District 2 -2.45 3.58 0.35 District 3 1.39 -3.37 -0.13 District 4 -2.88 -0.40 -0.40 Chairman Dabbs thanked GIS Analyst O'Halloran for his presentation and explained that the board started with no preconceived end in mind and had asked staff for a lot of data, which they provided. The board looked at as many as six plans and found that some were similar, so after much discussion and debate, they came up with the two revised board plans. The chairman stated his personal choice would have been revised board plan 6 because of the deviations but both plans have a deviation below 5% so either plan is acceptable. He further thanked the city attorney for steering them through the redistricting process. PUBLIC HEARING — COMMENTS FOR REVISED BOARD PLAN 5 & 6 The public hearing was opened. Commissioner Keller inquired if he could comment since more than one commissioner was present. City Attorney Rosenthal said he did not think about the commission all being their tonight and they did not notice the meeting as a joint meeting; the report from tonight's meeting will be presented to the commission for action. City Clerk Eikenberry advised the City Attorney that the agenda posted did note that one or more commissioners will be present. City Attorney Rosenthal clarified since the agenda was noted correctly than the commission is invited to speak. Commissioner Hood thanked the board for their sacrifices by taking time away from their loved ones to meet and volunteer for this board. He said he served on the redistricting board many years ago so he knows they had excellent help from the city and that staff does an outstanding job, as they have done each year. He further said he knows this was not an easy task and he does not like to lose anyone from his district but the city is growing and he knows the board had to do what was needed to make the numbers work. Commissioner Hood said he would go back to look at the plans and study it more. Chairman Dabbs added that they tried not to look at personality but just numbers when they looked at the boundary changes. Commissioner Wilsen said she too served on the redistricting board many years ago and enjoyed it so she hopes they did as well. She further commented that it was fascinating to see that District 2 was the smallest with growth coming forward. She is happy seeing what they have done with allowing District 2 to gain. Commissioner Wilsen thanked the board for their hard 2 City of Ocoee Districting Commission Public Hearing August 30, 2011 work and further said she appreciates their time. Chairman Dabbs again commented that he realizes that the commissioners are possessive of the residents in their district which is why they only looked at the numbers. He further added that they were charged with making the city in compliance with low deviations and they gave it their best shot which is how they came up with their preferred plan. Commissioner Wilsen added that she is very pleased that they looked at her district. Commissioner Johnson said he has been through this process but never formally served on a redistricting board. He further said that one of the reasons they look at the districts is because of what the county tells them with regards to the districting process. Commissioner Johnson said what he looks at is what they do with the numbers. He said he knows they are all volunteers and are up there doing their job for the better purpose of the city. If they look at board plan 5 and board plan 6 and see the numbers they can tell which one stands out. The range deviation is 5% but the purpose is to have the numbers leveled out. If they look at board plan 5 the numbers are completely screwed up where board plan 6 is more overall even throughout the city. Commissioner Johnson said if they are going to make changes they should do it where it evens out. He added that he looked at a couple of things himself and in District 2 they do not have some of the growth that is going to happen on Clarke Road such as the retirement home that is being built on that road. He further added there are a couple of projects missing from his district which he does not even know when it will happen. Commissioner Johnson said when votes at the commission meeting he will vote for board plan 6 because board plan 5 is way off. He added that he appreciates any one that volunteers in the city but he was told when they were doing the districting it was mainly to get the numbers near the same. If they look at the two plans, board plan 6 is more in order with having the districts the same. Chairman Dabbs thanked Commissioner Johnson for his comments and added that in defense of their efforts they were attempting to look at future growth. Commissioner Johnson said it does not matter what was put on paper, the growth that is being anticipated will not be happening any time soon. He again commented that there is a project on Clarke Road that does not even show as projected growth. Commissioner Johnson said it all comes down to what they vote at during the commission meeting anyways. Commissioner Keller also thanked the board for all their time and efforts into this board. He further said he also appreciated what they did with board plans 5 and 6 because he shows they were really concerned about the city since they presented two very different plans. Board plan 5 allows for growth 3 -5 years out also allowing for the numbers to be somewhat equal in the future. Board plan 6 shows what is will make the numbers even now and allows for them to make changes during the next census. Commissioner Keller said he may have to sit down and think the plans over. His gut feeling would be to try to keep the districts as even as possible but he does remember at the last redistricting he lost part of his district because District 2 had no growth pattern until Rose Hill came along. He believes that there are talks that the other part of Rose Hill may want to come into the city but of course that is not anything they can count on. He again thanked the board for the two plans options. 3 City of Ocoee Districting Commission Public Hearing August 30, 2011 Chairman Dabbs said he appreciated the opportunity to serve on this board and knew they would not be able to satisfy everyone. He added that he did not receive but one phone call about his subdivision moving from District 3 to District 2. The public hearing was closed. MOTION TO PRESENT THE DISTRICTING COMMISSION RECOMMENDATION TO THE CITY COMMISSION ON SEPTEMBER 6, 2011 AGENDA City Attorney Rosenthal advised that at the last meeting they only had a recommendation of a preferred plan which was to be presented before tonight's hearing. It would then be appropriate following the public hearing for the board to have a motion with the specific plan for with the Districting Commission is recommending to the City Commission. Vice Chair Laney, seconded by Member Chinelly, moved to recommend to the City Commission the revised Board Plan 5. Member Chinelly asked the chairman if they could have a discussion to give clarity regarding the basis for the board plan recommendation. He further said they were looking at ensuring the integrity of each of the neighborhoods in the community and in doing so they did not want to split up any neighborhoods. That is what defined the numbers that were involved in the changes to the districts. The question came into play because if they look at the current deviations between districts they did not want to be in a position 5 years from now where they would be greater than 5 %. He further explained the magnitude of the difference between the districts was taking into account the change in population from 2007 (pop. 34,300) to today (pop. 35,600) and the gaining of 1,300 residents. Member Chinelly said they are not expecting a large magnitude of growth so he did not rely on the numbers for the projected buildings underway but more or less on the macro view of what they can expect during that time so they would not be over the 5% deviations. Vice Chair Laney said she does recall that they did talk about the new senior housing being built on Clarke Road as well as the new senior housing proposed for the Maine Street area. That discussion regarding the senior housing is one reason they drew the line the way they did; to account for that future growth. They did not want to move citizens from one district to another every 5 years so they planned for future growth to allow residents to stay in the same district. After the discussion, motion carried unanimously. City Attorney Rosenthal advised that now the board will need to formalize a report to the City Commission and at the last meeting they spoke about that report basically being the package of minutes with the recommended maps. He further said he is recommending they adopt the minutes of the districting commission and the maps, along with their recommendation, as the official report to the City Commission and direct the clerk to forward that to the commission. 4 City of Ocoee Districting Commission Public Hearing August 30, 2011 Vice Chair Laney, seconded by Member Butler, moved to present to the City Commission a packet with the minutes, preferred maps, and the board's recommendation. Motion carried unanimously. GIS Analyst O'Halloran inquired as to how the packet would be presented to the City Commission and if the Districting Commission or staff would need to be present. City Attorney Rosenthal said that City Clerk Eikenberry would be coordinating the specific agenda. City Clerk Eikenberry advised that she is trying to get it onto the next Commission meeting which is September 6` City Attorney Rosenthal said he believes in the past, the chairman of the Districting Commission would be the one to actually present the report to the commission. He further added all the members of the City Commission were present in the audience tonight so unless they want a full repeat of the presentation, it should not be needed. Commissioner Hood inquired if he could have a copy of the PowerPoint slide so he may look at it. City Clerk Eikenberry said she can make it part of the agenda packet. Chairman Dabbs announced he would not be in town on September 6` and hopes that Vice Cahir Laney could be present at the Commission meeting. Vice Chair Laney said she also is scheduled to be out of town but her plans may not work out. City Attorney Rosenthal said the issue is that no one knows when they the presidential election is going to be. He further said the only thing that will happen doing the Commission meeting is a formal presentation of the report to the City Commission. Under the charter, once the report is presented the City Commission than has two months from the receipt of the report of which to accept, reject, or take other appropriate action with respect to the recommendations of the Districting Commission. He recalls one instance in the past when they referred the report back to the Districting Commission and the Districting Commission than reconvened. City Attorney Rosenthal said if they take action within those two months they would then put together the appropriate ordinance which would go through the normal process and be scheduled for a public hearing for adoption. The schedule of the public hearing on the proposed plan is really going to be dictated by when the City Commission acts, in which they can act when the report is presented to them, but they are not obligated too. City Clerk Eikenberry advised that Supervisor of Elections Bill Cowles shared with her that they are betting heavily on Thursday, March 1 being the presidential preference. City Attorney Rosenthal said another alternative if no one from the board can be present at the meeting is to have the report delivered to the City Commission which would start the clock running. That can be done before the September 6` meeting and then they can schedule on another agenda, the appearance by the Districting Commission before the City Commission. Vice Chair Laney inquired if they could put it on the September 20` agenda if they wanted too. City Attorney Rosenthal inquired from City Clerk Eikenberry if presenting the report on September 20` would meet the timeline. City Clerk Eikenberry said it would give them a little bit of time. City Attorney Rosenthal reminded the board that the charter basically provided that the district boundaries cannot be changed less than 4 months prior to regular municipal election. He said if the presidential election is scheduled for March 1 than by November 1 the City Commission would have needed to act. The effect of them not having reached a decision by November 1 would be that the 2012 elections would occur based on the existing districts and the boundary moves when than occur after the election. City Clerk Eikenberry advised that they can put the report on the September 6 agenda since the Commission has heard the presentation. It will allow more time just in case the Commission wants to have a joint meeting or consider another board plan. 5 City of Ocoee Districting Commission Public Hearing August 30, 2011 Member Butler agreed that they just need to get the report to the Commission as quickly as possible. City Attorney Rosenthal suggested to the elected officials in the audience that if they have any individual views on the agenda than they may communicate with the City Clerk on what their preference would be. ADJOURNMENT The meeting adjourned at 7:28 p.m. Melanie Sibbitt, Deputy City Clerk Lester Dabbs, Chairman 6