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HomeMy WebLinkAbout05-17-17 Minutes l'&04)1;. Honda Charter Review Board Commission Chambers 150 N. Lakeshore Dr. Ocoee, FL 34761 May 17,2017 MINUTES 6:30 p.m. Call to Order Chairman Hopper called the meeting to order at 6:30 p.m., in the Commission Chambers of City Hall, located at 150 N. Lakeshore Drive and further led the Pledge of Allegiance. Recording Clerk Sibbitt called roll and declared a quorum to be present. Roll Call and Determination of Quorum Present: Chairman Hopper, Vice-Chair King, Member Griffin, Member West, and Alternate Member Bonham. Also present were Recording Clerk Sibbitt, Charter Review Commission "CRC"Facilitator Rosenthal, and Assistant City Attorney Crosby-Collier. Absent: Member Murray and Alternate Member Grogan Guests: Districting Commission Chairman Gregory Keethler Approval of Minutes of April 19,2017,Meeting Motion for Approval of the April 19, 2017, Minutes: Moved by Member West, Seconded by Member Griffin; Motion carried 5-0. Public Comments -None Discussion/Action Items a. Preliminary Action on Charter items previously discussed. (i) C-17 Filling of vacancy if Mayor leaves office during his term Assistant City Attorney Crosby-Collier explained this was discussed at a previous meeting with regards to the former Mayor's unexpected resignation and the need to hold a Special Election prior to the General Election which was costly. The discussion by the board led her to research this to see how similarly sized cities handle vacancy of their Mayor seat, which she found most cities allowed a period of one year. There is nothing new that she would like to add, but did need to know how the board would like to proceed. Chairman Hopper inquired if she could draft the new language for that section to bring forth for review by the board. Assistant City Attorney Crosby-Collier confirmed that the consensus of the Charter Review Commission was to change the term from six (6) months to one (1)year. Charter Review Commission May 17,2017 (ii) C-18: Cleaning up language relating to designating the independent auditor 30 days into the fiscal year Chairman Hopper said this was a simple fix and would just be a clean-up of that section. Consensus of the Charter Review Commission was to have City Attorney bring forth the clean version of that section for review. (iii) C-61: Changing the Charter Review Commission (CRC) process so that the Commission adopts an ordinance for submittal to the voters Chairman Hopper summarized that this is the section that the Charter Review Commission will need to draft language asking the Mayor and City Commission for approval to let the Charter Review Commission take charter changes straight to the voters. Assistant City Attorney Crosby-Collier interjected that the current charter does allow for charter changes to go straight to the voters; however, when they looked at provisions contained in the Florida Statute, they realized that could not be done, so they opted to research middle ground that would work. One of the options they found would allow the Charter Review Commission to send charter amendment language to the City Commission in which they would have to adopt it as an ordinance. The second option they found would allow the Charter Review Commission to finalize a charter amendment report, which they would send to the City Commission who would then be allowed to make revisions only once. Those revisions would get sent back to the Charter Review Commission who would then chose if they agree to include the revisions onto the ballot before the voters. Chairman Hopper said he has an issue with that as he would only like to allow the City Commission to revise one item. He opined that if they allow the City Commission to make revisions to their report, it could be torn apart and there is a lot of work that they do before presenting it to them. CRC Facilitator Rosenthal shared that the City Commission can currently at any time put a charter amendment on the ballot. The process they are proposing would not be an exclusive process. Discussion ensued regarding the Tarpon Springs charter amendment process. CRC Facilitator Rosenthal explained the City Attorney is seeking direction on how they would like to proceed with the process of charter amendments as this item has been on the agenda since their first meeting. Consensus of the Charter Review Commission was to have City Attorney draft language using the Tarpon Springs' model for review by the board. Discussion ensued regarding the awareness of the City Commission on the proposed Charter Review Commission process and if the board members individually could reach out to elected officials. b. Information Update. (City Attorney) (i) Charts comparing provisions relating to execution of documents Assistant City Attorney Crosby-Collier summarized the execution of documents chart that she provided to the board members (below). City Charter Summary Provision Ocoee Sect.C-20 Duties and emergency powers of the Mayor. The Mayor shall preside at all meetings of the City Commission and shall be recognized as the head of the city government for all ceremonial purposes and by the Governor of the State of Florida for the purposes of military law, civil law and service of process but shall have no regular administrative duties. The Mayor shall sign all deeds, contracts, agreements, bonds, notes, obligations and other legal documents of the Wage Charter Review Commission May 17,2017 city. The Mayor shall prepare and present to the City an annual state of the City message in the month of January of each year in which the Mayor holds office. In time of insurrection, general conflagrations, catastrophe or great or widespread public emergency, the Mayor shall become the head of the government and shall exercise those powers delegated to the Mayor under the laws of Florida. In the absence or disability of the Mayor, the functions of the Mayor shall be discharged by the Mayor pro tem. Initiative Ordinance. Ocoee has a council/manager form of government. Other Orange County cities Apopka Sect.2.04 Who signs deeds is not specifically addressed in the charter; however, the Mayor is referred to as the Chief Executive Officer of the City. Apopka has a strong Mayor form of government. Maitland Sect.4.04 Who signs deeds and other instruments is not specified in the charter; however, the City Manager is named as the chief executive officer of the City. Maitland has a council/manager form of government. Winter Sect. 30 City Manager may execute documents and contracts on behalf of the City. Garden Winter Garden has a commission/manager form of government. Winter Park Sect. 2.06 Mayor executes contracts,deeds and other documents. Winter Park has a council/manager form of government. CRC Facilitator Rosenthal interjected that the issue presented by City staff as it relates to this section were contracts that are outside the City Commission approval process such as routine purchase order and change order items. Chairman Hopper said the other issue was if the Mayor was out of town. Further discussion ensued. Consensus of the Charter Review Commission was to leave charter language of this section as is. (ii) Charts comparing provisions relating to City Manager residency Assistant City Attorney Crosby-Collier summarized the City Manager residency chart that she provided to the board members (below). City Charter Summary Provision Ocoee Sect.C-21 City Manager. The City Commission shall appoint by affirmative vote of a majority of all its members a City Manager for a minimum term of one (1) year. The City Manager shall be appointed solely on the basis of executive and administrative qualifications and need not be a resident of or the State of Florida at the time of appointment.City of Ocoee The City Manager may reside outside the City while employed as City Manager, subject to the approval of the City Commission. The City Commission shall fix the compensation of the City Manager and shall meet annually with the City Manager to review and evaluate the City Manager's performance. The City Commission may enter into an employment agreement with the City Manager addressing terms and conditions of employment not inconsistent with or in conflict with the provisions of this Charter. Any such employment agreement may provide that the City Manager may be terminated without cause at any time during the term of the employment agreement, subject to compliance with the procedures set forth in § C-22. Further, any such agreement may provide for circumstances under which the City Wage Charter Review Commission May 17,2017 Manager may be temporarily suspended with or without pay. Other Orange County cities Apopka Sect.3.02 No residency requirement for City Manager. Maitland Sect.4.01 The City Manager need not be a City resident but will need approval of the City Council to reside outside of the City limits. Winter Sect.28 City Manager must become a City resident within 90 days of appointment but Garden City Commission may extend the time for the residency requirement to be met with good cause shown. Winter Park Sect.4.01 City Manager must take residency in the City within one year of appointment unless the requirement is waived by a unanimous vote of the City Council. Assistant City Attorney Crosby-Collier concluded by stating that it is not uncommon to see the provision as it currently reads in our charter with regards to residency of the City Manager; discussion ensued. Vice-Chair King shared that residents have questioned why the City Manager does not live within the City limits. Member Griffin said his concern is limiting the pool of candidates for the City Manager position if they require him to reside in the City limits. Discussion ensued on whether it is an industry standard to require residency for a City Manager. Assistant City Attorney Crosby-Collier shared her knowledge with provisions as it relates to City Attorneys living in the jurisdiction and can do further research on provisions as it relates to City Managers, if that is what the board desires. Chairman Hopper shared that residency of the City Manager is the biggest concern he has heard from residents, which is one of the reasons he wanted to join this board. He opined that it is important that they address this issue for future candidates as the current City Manager should be grandfathered in. Vice-Chair King agreed that citizens should have a vote on this issue and opined that they should put a residency time frame for the current City Manager. CRC Facilitator Rosenthal interjected that the City Commission has always had the authority to require the City Manager to live in the City. Discussion ensued regarding amending the charter to require the City Manager to become a City resident within one year of appointment with no waiver of this provision. Consensus of the Charter Review Commission was to have City Attorney draft language to require City Manager to become a City resident within one year of appointment with no waiver of this provision; however, residency requirement would not apply to the current City Manager. Public Comments (Public Comments were taken out of agenda order) Gregory Keethler, City Resident and Chairman of the Districting Commission, briefly introduced himself and explained that he was before the City Commission last night to answer any questions they may have had in regards to an issue that the Districting Commission had forwarded to them. After discussion at their meeting, the City Commission suggested he come before the Charter Review Commission. Mr. Keethler briefed the Charter Review Commission on an issue the Districting Commission has incurred with regards to a member who has not attended any of the Districting Commission meetings. He explained that the redistricting is complex and a lot of legal constraints and data are considered; so when a member continually Wage Charter Review Commission May 17,2017 misses meetings, it can be hard to incorporate them into the discussion. As it is written in the charter, the process to remove someone from this board is very involved as it will require a resolution and public hearing. A suggestion made by the City Commission was to amend the current charter to allow for alternate members as is done with the Charter Review Commission. Mr. Keethler shared he would like to take it one step further by adding that if a regular member misses two (2) or three (3) consecutive meetings, then that would be an automatic removal of that member and an alternate member would be appointed to that vacancy. Discussion ensued in which CRC Facilitator Rosenthal turned the board's attention to the provisions of the Charter Review Board which has appointment of alternate members. Mr. Keethler further shared concerns regarding the redistricting meeting every five (5) years versus every ten (10) years to run concurrent with the census. While Mr. Keethler was in agreeance that every ten (10) years would be beneficial with the release of the census data; he voiced his concerns regarding the growth of the City. (iii) Charts comparing provisions relating to redistricting and term limits Assistant City Attorney Crosby-Collier summarized the redistricting chart that she provided to the board members (below). City Charter Redistricting? At large or single Term/Term Provisions member districts Limits Ocoee Sect.C-44, Districting Commission: The City Single member 3 year term C-45,C-66 Commission shall establish a Districting districts Commission after November 15, 1991, No term limit but no later than December 15, 1991, and every five (5) years thereafter. 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. Other Orange County cities Apopka Sect.2.02 No districting commission(at large). Strong Mayor and all 4 year term and 2.04 commissioners elected at large. No term limit Maitland Sect. 8.02 No districting commission(at large). Seat numbers 3 year term, designated for identification 2 terms max. purposes but members elected at large. Winter Sect. 11 and Districting commission appointed Single member 3 year term, Garden 25 following decennial census or if a districts population of a single district increases by No term limit Wage Charter Review Commission May 17,2017 more than 50%. found in charter Winter Sect.2 No districting commission(at large). Seat numbers 3 year term. Park designated for identification but 4 terms max members elected at large. Other similarly sized cities Dunedin Sect. 3.01, No districting commission(at large). Members elected at 4 year term, 5.03 large. 2 terms max Ormond Sect. 3.01, Districts are called "zones." 2 year term, Beach 3.03,and Commissioners elected by the zone. No term limit 5.09 Mandatory redistricting commission every 10 years but the City Commission has the option to reapportion anytime. Oviedo Sect. 3.01 No districting commission(at large). Members elected at 2 year term, and 3.03.02 large No term limit Winter Sect.4.02 Members are elected by geographic Single member 4 year term, Springs and 4.03 districts; districting commission meets districts. 3 terms max every 3 years. Charter Redistricting Mid-census Cost Census Cost Provisions (GIS, Legal, and (GIS, Legal, City Clerk) and City 5-year Clerk) 10-year Sect. C-66 Districting Commission: The City Commission shall • GIS—approx. • GIS— establish a Districting Commission after November $11,000* approx. 15, 1991, but no later than December 15, 1991, and • Legal—approx. $6400 every five (5) years thereafter. A new Districting $6800 • Legal— Commission shall be appointed by the City • Clerk—approx. approx. Commission after November 15 but no later than $1000 $6800 December 15 of that year. A Districting Commission • Clerk— may also be appointed by the City Commission at $18,800 approx. such other times as deemed necessary by the City $1000 Commission. $14,200 *GIS's time spent on the project is about 43% more if done mid-census A brief discussion ensued regarding the significant cost in City staff time for the redistricting every five (5) years versus ten (10) years, as depicted in the chart above. Recording Clerk Sibbitt also reminded the board that Support Services Director Butler, in his recommendation to have the Districting Commission be established every ten (10) years, also suggested they retain the language which allows a Districting Commission to be appointed by the City Commission at Wage e Charter Review Commission May 17,2017 such other times as deemed necessary. Chairman Hopper agreed and said that would go along with the concern Mr. Keethler voiced about the City's growth. Assistant City Attorney Crosby- Collier shared that she has drafted language that would change the redistricting to ten (10) years, but did not bring that this evening as she was waiting to get direction from the Charter Review Commission. She further inquired if they would like to include in the charter amendment regarding the Districting Commission sections,the removal of a board member with excessive absences as well as an addition of alternate members. Discussion ensued. Consensus of the Charter Review Commission was to have City Attorney draft language to revise the section of the Districting Commission with regards to appointment of the board to include the appointment of alternate members;further, include that the absence of three (3) meetings of any member on the Districting Commission shall result in an automatic removal of the absent member in which the first alternate member would assume the vacant seat; and further, draft language to revise the section of the Districting Commission to be established every ten (10)years. Assistant City Attorney Crosby-Collier resumed with summarizing the second part to the chart which covered terms and term limits (chart above). Chairman Hopper said for general discussion he would like to recommend two (2) four-year terms to line up with the County as it would be a cost savings. CRC Facilitator Rosenthal explained that they would not be able to line up Municipal elections with the State's general election as he recalls this is something the former Mayor pushed to do and was told by the Supervisor of Elections that it could not be done. Assistant City Attorney Crosby-Collier advised that this amendment would be placed on the 2018 ballot, and she would have to draft the language in a way that it would start at the next election. Discussion ensued regarding how this would affect the pension currently in place for some of the elected officials that have met the years of service requirement. The Charter Review Commission was advised that the pension is adopted by ordinance. If a change is made to the charter, it would just require an ordinance amendment to coincide with the new charter changes. Chairman Hopper inquired what the cost savings would be if they move forward with two (2) four-year terms. Recording Clerk Sibbitt shared that she would be happy to invite Orange County Supervisor of Elections, Bill Cowles, to their next meeting so they could discuss and get Mr. Cowles thoughts on the cost savings to the City. Consensus of the Charter Review Commission was to have the City Attorney draft language that would establish two (2) year term limits for the elected officials and revise the charter to change the terms of office for elected officials to four (4)year terms. CRC Facilitator Rosenthal reminded the Charter Review Commission that everything they have proposed thus far is preliminary. They will still have a public hearing which will allow them to get input and/or additional recommendations from the public. 71 Page Charter Review Commission May 17,2017 New Business a. Amendments Proposed by CRC Members Chairman Hopper wanted to confirm that they are done reviewing the charter. He shared that he has asked all the members to review the charter on their own time and bring forth any items they would like to discuss. He inquired if there were any more action items the board would like to bring forward. As no one spoke, it was decided that they would have the City Attorney move forward on drafting the language so they could prepare for a public hearing. CRC Facilitator Rosenthal recommended they look at dates for their public'hearing as they would have the draft language for review for their June meeting and would want to proceed with a public hearing soon after. Discussion ensued. Motion for Charter Review Commission Public Hearing to be held on July 19, 2017: Moved by Vice-Chair King, Seconded by Member Griffin; Motion carried 5-0. b. Continuation of Review of Current Charter Direction to Attorney/Staff — Assistant City Attorney to proceed on drafting charter amendments and ballot language on items discussed above. Set Next Agenda—June 21, 2017 Public Comments (Public Comments were taken out of agenda order and heard before Item IV. b. iii.) Adjournment The meeting adjourned at 8:06 p.m. 146 Melanie Sibbitt, Recording Clerk Michael Hopper, Chairman Wage