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HomeMy WebLinkAbout11-16-16 )( `( ) > florida Charter Review Board November 16,2016 AGENDA 7:00 p.m. Call to Order Recording Clerk Sibbitt called the meeting to order at 7:00 p.m., in the Commission Chambers of City Hall, located at 150 N. Lakeshore Drive. She further called roll and declared a quorum to be present. Roll Call and Determination of Quorum Present: Chairman Hopper, Vice-Chair King, Members West, Murray, Griffin, and Alternate Member Bonham. Also present were Recording Clerk Sibbitt, Charter Review Commission "CRC" Facilitator Rosenthal, and Assistant City Attorney Crosby-Collier. Absent: Alternate Member Grogan. Guests: None. Approval of Minutes of October 26,2016, Meeting Minutes of the October 26, 2016, were approved unanimously. Public Comments -None Discussion/Review of the Current City Charter Chairman Hopper commented that he hoped everyone had a chance to review the City Charter. If there is anything the board members found while reading the Charter that they feel should be discussed, they can do so as they go through the sections. CRC Facilitator Rosenthal added that if any members have any questions as to what the background or reason is for a particular provision, he will be sure to explain from a historical standpoint. Chairman Hopper asked Recording Clerk Sibbitt to please read the Charter from C-1 through C-8 HH. The following items were briefly discussed when reviewing those sections: C-6 and C-7: CRC Facilitator Rosenthal briefly explained that C-6: Corporate Boundaries is more historical in nature and references a time prior to when there was a Charter. C-7: Extension of Corporate Boundaries is the next step and automatically by ordinance incorporates any extensions. Charter Review Board November 16, 2016 C-8: CRC Facilitator Rosenthal briefly explained that C-8: Powers of the City establishes powers that are being granted as well as powers that are being limited on the part of the City Commission. He further gave a brief background history on the policy decision made by the previous Charter Review Commission to create a list of powers. C-8, Item H - Franchises: Member West inquired about private franchises and if this regulated them. CRC Facilitator Rosenthal explained this would affect franchises such as garbage or solid waste. Historically this limitation was placed, because within some jurisdictions this type of contract can be political, and this was intended to inform the public on what was occurring. C-8, Item J — Lakes, ponds, and rivers: It was inquired if ultimately the St. Johns Water Management would be the ones to regulate the watercourses within the City. CRC Facilitator Rosenthal explained there will be a number of items discussed that will have dual jurisdiction and depend on what specific type of activity is undertaken. The City can elect to have stricter policies than the St. Johns Water Management. C-8, Item M — Transportation: Member West inquired if this section would apply to transportation such as Uber. Assistant City Attorney Crosby-Collier commented that Uber has been an issue for local governments in trying to regulate context and historical jurisdictional regulations. CRC Facilitator Rosenthal shared that he does not believe the City has ever had taxi cab regulations. C-8, Item 0 - Condemnation of buildings: Member West inquired if this is something that would fall under Code Enforcement. Chairman Hopper answered in the affirmative and added that it would also fall under the Building Department. CRC Facilitator Rosenthal shared that this particular section of the Charter was cited in connection with the Colony Plaza demolition. Brief discussion ensued. C-8, Item U — License taxes: CRC Facilitator Rosenthal shared that this might be one item they may want the City Attorney to look into, because there has been a change in the legislature where local business tax receipts are being issued instead of occupational licenses. C-8, Item Z — Conservation: Chairman Hopper clarified that the City would have a right to designate, set aside, and maintain lands and areas within the City as conservation areas or bird and wildlife sanctuaries. CRC Facilitator Rosenthal answered that it is a grant of a right. C-8, Item AA — Sewer and water systems: Chairman Hopper asked for clarification on the amendment to this section. CRC Facilitator Rosenthal explained that the ordinance amendment could have been to add the reclaim water. C-8, Item CC — Cemeteries, mausoleums, and crematories: Chairman Hopper inquired if this section allows for a crematory or if the City ever had one? CRC Facilitator Rosenthal explained that the City has never had a crematorium, but this would grant the City that right if they ever wanted to expand. Recording Clerk Sibbitt advised that a columbarium was added to the cemetery, which allows for the sale of niches for cremains. Brief discussion ensued on the Cemetery Code in place for the City and what is governed. 2IPage Charter Review Board November 16, 2016 Chairman Hopper inquired about the local business tax receipt and having the attorney look into this. Assistant City Attorney Crosby-Collier briefly explained the law change from occupational license to local business tax receipt, and advised she would be happy to look into this should the CRC want to make language changes in the Charter pertaining to this. Consensus of the board was to have the attorney look into this. Vice Chair King inquired about the circulation of public hearing and notices to the public as newspapers are becoming obsolete. She further stated she does not know how other cities are informing the citizens, but she did research Maitland who recently updated their Charter. Assistant City Attorney Crosby-Collier explained that State law does require that some notices be published in a newspaper of general circulation. She shared that a few years ago it was considered to require newspapers to place their paper in an electronic format so that citizens did not necessarily have to order a newspaper. Further discussion ensued. CRC Facilitator Rosenthal advised that if they wanted to require publication in an additional location or some type of social media, that would be something they could consider. CRC Facilitator Rosenthal shared that in reference to the local business tax receipt and any other verbiage change, the CRC can incorporate all language clean-up into one amendment. Discussion ensued regarding the verbiage clean-up in which Chairman Hopper shared that he felt residents would be confused if they changed the verbiage of occupational license to local business tax receipt. Assistant City Attorney Crosby-Collier shared that the Charter Review Commission for Orange County sends out flyers to the voters which explains the amendments and background information. This is something they may want to consider if they have language clean-up. Chairman Hopper reiterated that the occupational license terminology in the Charter may be best left alone, because he feels it will cause confusion if changed. Assistant City Attorney Crosby-Collier clarified that no research would need to occur on the local business tax receipt. Chairman Hopper answered in the affirmative. Chairman Hopper inquired about C-8, Item K - Alcoholic Beverages and clarified that the City has a say on where alcoholic beverages can be sold. CRC Facilitator Rosenthal shared that the phrase, "the extent permitted by law, " is placed in the Charter because the original Charter was before Home Rule Power. In order to avoid creating a conflict between the Charter and State law there will be sections in the Charter that state, "the extent permitted by law". Brief discussion ensued. Chairman Hopper inquired if anyone had an issue with C-8, Item B. (1) — Property Rights, and if they felt one million dollars ($1,000,000) was a good amount or if it should be decreased or increased. CRC Facilitator Rosenthal explained that this section references just the purchase of the property and he recalls the amount being debated. An advocate of a lower amount would be a restraint on the power of the City Commission to make sure the public is aware of what is being done. Many properties are within this range of one million dollars, which will probably not upset the public. CRC Facilitator Rosenthal explained the million dollars is the amount set for property acquisition whereas the sale and disposition of real property owned by the City was set at one hundred thousand dollars ($100,000). This was intended as a 3iPage Charter Review Board November 16, 2016 significant restriction on the ability of the City Commission to take action. Brief discussion ensued. Chairman Hopper announced the December meeting is cancelled and the next meeting is scheduled for Wednesday, January 18, 2017. Adjournment The meeting adjourned at 8:14 p.m. Melanie ibbitt, Recording Clerk Michael Hopper, Chairman 4IPage