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HomeMy WebLinkAbout03-15-17 Minutes ) ) ? florida Charter Review Board March 15,2017 MINUTES 6:30 p.m. Call to Order Chairman Hopper called the meeting to order at 6:31 p.m., in the Commission Chambers of City Hall, located at 150 N. Lakeshore Drive. Member Griffin led the Pledge of Allegiance and Recording Clerk Sibbitt called roll and declared a quorum to be present. Roll Call and Determination of Quorum Present: Chairman Hopper, Members Griffin, Murray, West (arrived at 6:39 p.m.), and Alternate Member Bonham. Also present were Recording Clerk Sibbitt, Charter Review Commission "CRC" Facilitator Rosenthal, and Assistant City Attorney Crosby-Collier. Absent: Vice-Chair King and Alternate Member Grogan Guests: None Approval of Minutes of February 15, 2017, Meeting Minutes of the February 15, 2017, Meeting were approved unanimously. Public Comments—None Options relating to amending the Charter(City Attorney) Assistant City Attorney Crosby-Collier explained her memo dated February 14th regarding options relating to amending the Charter. This memo is in response to their discussion from January when concerns with Section C-61, pertaining to the authority of the Charter Review Commission to submit charter amendments directly to the ballot for voter approval, was determined upon further research to conflict with provisions contained in the Florida Statutes. Assistant City Attorney Crosby-Collier explained she researched many other charters around the State as well as sent a notice out to the City, County and Local Government Law Section and Florida League of Cities, to get an idea of what others were doing. She found a couple of ideas. that she will be sharing with them; and if they decide how they would like to proceed, she can draft the language needed to include in the ordinance. The board could use the structure that was used for the 2009 amendments in which they would send their recommendations to the City Commission and it would go back and forth until an agreement was reached. This can be cumbersome and take a lot of time. If they would like to think outside the box and have the Charter Review Commission have a more meaningful role in the process, there are a few cities such as Aventura and Doral that have language in their Charter that is very straightforward. The language in short states: "If the Charter Commission determines that a revision is needed to the Charter Review Board March 15,2017 Charter, then they submit that language to the City Commission who then must approve the ordinance." If they propose to use this structure, the board will need to keep in mind that the City Commission can also place language on the ballot which can cause competing amendments. Another approach is the Tarpon Springs structure where the City Commission reviews the proposed charter revisions and then returns any recommended proposals back to the CRC. After reviewing the Commissioners' changes, the CRC submits a final report back to the City Commission in ordinance form. This language is then placed on the ballot in the next election. CRC Facilitator Rosenthal said that one thought he would like to share is that they can make a decision on any of the issues they discuss as they go along as opposed to stacking up all of their issues and trying to decide at the end. Chairman Hopper reiterated that the City has a very good charter, and he does not see a lot of problems with it. He would like to get talking points so that as they get through the discussion, they can refine the talking points to a decision. He shared that in regards to the processes explained by Assistant City Attorney Crosby-Collier, he likes the VenturalDoral option as this will allow the Charter Review Commission to move straightforward. He further thanked the attorney for her time on this research. Assistant City Attorney Crosby-Collier shared they can move forward now and make a decision; or if they would like to see more Charter language, she is happy to do that, but she would like to handle this in any way that would make them comfortable with their decision. Chairman Hopper said he would like for the members to read the memo that was sent and discuss at the next meeting how they would like to proceed. Assistant City Attorney Crosby-Collier advised the board members that if they would like to do their own research in more detail, they can go to municode.com and find charters from all of Florida to look at. Discussion/Action Items a. Powers of Charter Review Commission to recommend/place amendments on ballot (to be placed on next agenda for a decision) b. Filling Vacancies on the City Commission A handout was provided by Assistant City Attorney Crosby-Collier showing the table below. She further explained that they had discussion at the last meeting regarding the cost for filling a vacancy. What she has provided is a summary of similarly-sized cities and the provisions in their charter. City Charter Summary Term Provision Ocoee Sect.C-17 Vacancy of Mayor:The successor Mayor shall be elected at the 3 year term next general city election if such is held within 6 months of the vacancy. If a general city election will not be held within 6 months,the successor will be held at a special election called within 90 days of the vacancy. Mayor pro tem serves until the successor is elected and City Commission appoints a replacement commissioner for Mayor pro tern. Vacancy of Commission seat:City Commission will appoint an eligible person to serve until a successor is elected, unless a special election is called as provided herein. 2IPage Charter Review Board March 15,2017 Other Orange County cities Apopka Sect. 2.07 If any vacancy occurs on the city council and the unexpired 4 year term term is less than one year,the remaining members will appoint a person to fill such vacancy on or before the second regular meeting after the seat becomes vacant.If the unexpired term exceeds one year,the remaining members will call an election to be held within 60 days.The person elected will hold the office for the unexpired term. Maitland Sect.2.06 A vacancy in the City Council shall be filled by appointment of a 3 year term successor by a majority vote of the members to serve until the next general election at which time there will be elected a council member to serve for the balance of the term. Winter Sect. 17 If 6 months or less remain on the unexpired term,commission 3 year term Garden will appoint a replacement to serve the remainder of the term. If more than 6 months remain,commission will call a special election to fill the vacancy. Winter Sect.2.07 With a vacancy on the commission the remaining members will 3 year term Park appoint by majority vote a qualified person to fill the vacancy until the end of the term. Other similarly sized cities Dunedin Sect.3.06 Vacancy filled by a majority vote of the City Commission and 4 year term the person so appointed will serve as Mayor or commissioner until successor assumes office. At the next regular election if within 360 days a special ballot will be provided to elect the Mayor or commissioner to serve the remaining unexpired term;if no regular election occurs within 360 days,a special election will be called.A remaining commission member may be appointed to fill office of mayor and then the commissioner's office is filled as provided herein. Ormond Sect. 3.07 If less than 6 months remaining in term or less than 6 months 2 year term Beach before next regular election, commission will chose qualified successor by majority vote. If 6 months or more remaining in term or until election,seat is filled by election for balance of term. Oviedo Sect.3.07 Vacancy in office of Mayor,the deputy Mayor will serve as 2 year term mayor for the remainder of the term. Vacancy in office of council member with less than 6 months remaining,council choses successor to serve until the election; if more than 6 months are remaining,council fills the vacancy and schedules a special election within 30-60 days. Winter Sect.4.08 Vacancy filled by majority vote of commission and at the next 4 year term Springs regular election a qualified person shall be elected to complete the unexpired period of the term. She further explained this discussion wo brought up after the Mayor resigned and a Special Election and General Election ran back-to-back, which was very costly and cumbersome. Assistant City Attorney Crosby-Collier shared that in her research she found that many of the cities have a Commission member fill the Mayor seat for remainder of the term or a periodof Charter Review Board March 15,2017 time. It was pointed out that in Maitland a vacancy in the City Council shall be filled by appointment of a successor by a majority vote of the members to serve until the next general election. This she found to be as the standard when looking at other cities. Discussion ensued regarding the current provision for Ocoee and why a Special Election was needed. CRC Facilitator Rosenthal explained that they are not bound by what the current charter states with who becomes the Mayor when there is a vacancy. They can make changes to state that if there is a vacancy in the Mayor's office, the City Commission elects the Mayor. Discussion ensued. Chairman Hopper said that he appreciates that the terms were shared on the handout, because he noticed that Apopka, which is similar in size to Ocoee, has a four (4) year term as well. CRC Facilitator Rosenthal shared historical background regarding the terms, as Ocoee originally had a two (2) year term seat for elected officials. Chairman Hopper asked that discussion of four (4) year terms with possible term limits be placed on their list as a revisit item. Discussion ensued on how term limits would be imposed for those that currently hold a seat. Assistant City Attorney Crosby-Collier explained that would depend on how they draft the charter amendment, but she has typically seen it where the elected official would finish out their term; and when their next election occurs, that is when the term limit would take effect. It was asked if it is known of any city that currently has term limits. Assistant City Attorney Crosby-Collier shared that many Counties have term limits, but she would be happy to check the League of Cities and see if they have a report on this information. c. Charter Comments from City Staff Assistant City Attorney Crosby-Collier said in response to CRC Facilitator Rosenthal's e-mail to the City Manager, comments were received back from the Fire Department and the Support Services Director. She reviewed the comments that were received, and those submitted by the Fire Department were code-related changes and not charter, so the City Attorney will meet with staff for an Attorney Day discussion. As for the concern submitted by Support Services Director Butler, it related to Section 20 which requires the signature of the Mayor on certain contracts or agreements which he feels the City Manager or his Designee should be able to sign; this could be allowed above or below a dollar threshold. The other concern he submitted was related to Section 38 C. which relates to transfer of appropriations within departments and 38 D. which relates to transfer of appropriations between departments. After a brief discussion, it was asked that Support Services Director Butler be invited to their next meeting so he could better explain the changes he is requesting. CRC Facilitator Rosenthal shared that something to keep in mind is that the charter is a restriction on what the Mayor, City Commission and staff can do. If they did not want certain sections to be restricting, they could go broader and just state in the charter, "As determined by the City Commission". That would allow the City Commission to modify or change the policy as there are reorganizations. d. Amendments Proposed by CRC Members Recording Clerk Sibbitt read the e-mail provided by Vice-Chair King with regards to terms and the unnecessary expenses on the City for run-off elections. Chairman Hopper said he would like to give Vice-Chair King the opportunity to elaborate on her discussion points at next month's meeting. 4 ) Page Charter Review Board March 15,2017 e. Continuation of Review of Current Charter Chairman Hopper read C18- Independent Audit. He shared that at a City Commission meeting that occurred a while back, he recalls the Commission discussing firing an audit firm so they could hire a new firm. However, he recalls that the verbiage in the charter of not exceeding the three (3) years may have affected their decision to move forward. He inquired if this would be something they would ask staff to consider revising. CRC Facilitator Rosenthal said it would be a question they should forward to the Finance Department to inquire if they have any suggestions for changes to C-18. Brief explanation was given on the reason for a term limitation on the independent audit. Chairman Hopper inquired about C-19 A. Initiative Ordinance and if a petition signed by ten percent (10%) of the total number of qualified registered voters of the City of Ocoee is a reasonable number. Discussion ensued regarding the number of registered voters; and if they propose a change in the percentage, would it make it easier or harder to get a petition. Assistant City Attorney Crosby-Collier said she could look at cities comparable in size and bring information back. CRC Facilitator Rosenthal commented that he did not believe the City of Ocoee has ever had a citizen initiative. Chairman Hopper said another item he would like to consider discussing is Article IV - City Manager, C-21 — Appointment; qualifications; compensation. He has received some input from residents of Ocoee that, like himself, feel that the City Manager, Assistant City Manager, Directors and Chiefs should be living within the City limits. Member West said he agrees as it is a requirement that elected officials live within the City as well as most board members. He further stated not regarding the current City Manager, as he does not have an issue with him, but it should be a requirement that the City Manager position be a person who is vested into the City and not just be a job. Chairman Hopper proceeded reading C-21. CRC Facilitator Rosenthal explained that the way this section of the charter reads it is up to the City Commission as to whether or not the City Manager must live in the City. The City Commission can require the City Manager to live in the City, because there are no limitations in the charter. Member Griffin commented that it could limit the pool of potential applicants if it is required that the City Manager position has to reside within the City limits. Chairman Hopper opined that going forward he personally would like for any new City Manager hired to be required to reside within the City limits as well as the other positions he mentioned. Chairman Hopper inquired about the City Manager's evaluation. CRC Facilitator Rosenthal briefly explained the evaluation process. It was further asked if Recording Clerk Sibbitt could bring back information regarding how the last evaluation was conducted with the City Manager. CRC Facilitator Rosenthal suggested if they are going to have a residency requirement, they may want to add a stipulation to allow time for the newly-hired City Manager an opportunity to move into the City limits if they live outside the community. Direction to Attorney/Staff CRC Facilitator Rosenthal asked Recording Clerk Sibbitt to please forward the revisit/discussion list of the last Charter Review Commission in 2008-2009. This will allow them to compare the topics discussed. 5jPage Charter Review Board March 15,2017 Recording Clerk Sibbitt briefly shared that the number of registered voters for the last General Election was 22,950. Recording Clerk Sibbitt said that what she has noted from their discussion is that they would like for her to provide the following: • Information regarding the City Manager's evaluation process • Add to the revisit topic list the discussion of four(4) year terms and term limits • Add to the next agenda discussion of the powers of the Charter Review Commission to recommend/place amendments on ballot • Contact the Finance Department regarding C18-Independent Audit; bring back any suggestions they may have • Information from similarly-situated cities with regards to initiative petitions and their required percentage • Contact Support Services Director Butler and invite him to attend the next meeting Public Comments—None Adjournment The meeting adjourned at 8:01 p.m. 2" ‘_, kr/ Melanie Sibbitt, Recording Clerk Mic ael Hopper, Chairman Wage