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Home My WebLink About06-21-17 Minutes Florida Charter Review Commission Commission Chambers 150 N. Lakeshore Dr. Ocoee, FL 34761 June 21, 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 and Member Griffin 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, 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, Member West and Alternate Member Grogan Guests: None Approval of Minutes of May 17,2017,Meeting Motion for Approval of the May 17, 2017, Minutes: Moved by Vice-Chair King, Seconded by Member Griffin; Motion carried 4-0. Public Comments -None Discussion/Action Items b. Preliminary action on first draft of ballot titles and summaries. (Item b. was moved up on the agenda to be presented first) Assistant City Attorney Crosby-Collier presented a PowerPoint presentation summarizing the proposed ballot language that was drafted, as required by Florida Statute Section 101.161. The following ballot questions of the proposed report, created at the request of the Charter Review Commission, were presented and discussed. Ballot Question 1 —clean up C-18. - Independent audit. • The City Commission shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period not exceeding three (3) years, : : . . -- . . for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. • Ballot Proposal. The ballot title and question for Question 1 is as follows: • UPDATING INDEPENDENT AUDIT LANGUAGE TO REMOVE TIME PERIOD FOR DESIGNATING INDEPENDENT AUDITOR • Amend Charter to remove requirement that an independent auditor be appointed within 30 days of the beginning of a fiscal year to allow the City Commission additional time to designate independent auditor. • YES • NO Skip to Ballot Question 3—Vacancy of Mayor C-17. -Vacancies; forfeiture of office; filling of vacancies. • Ballot Proposal. The ballot title and question for Question 3 is as follows: • ALLOWING 12 MONTHS FOR MAYOR OR COMMISSIONER TO BE ELECTED IN EVENT OF VACANCY • Amend Charter to allow Mayor pro tem to serve up to 12 months in event of vacancy in office of the Mayor, allowing 12 months for a Mayor or commissioner to be elected in the event of a vacancy, and clarifying that Mayor pro tern will return to district representation upon election of the Mayor for the remainder of his/her term. • YES • NO Ballot Question 4—City Manager Residency C-21. - Appointment; qualifications; compensation. • Ballot Proposal. The ballot title and question for Question 4 is as follows: • REVISING LANGUAGE TO REQUIRE FUTURE CITY MANAGERS TO RESIDE IN THE CITY • Amend Charter to require City Manager to become a City resident within one year of appointment with no waiver of this provision; providing for inapplicability to current City Manager. • YES • NO Ballot Question 5—Four Year Terms C-45. - Election dates and terms of office. • Ballot Proposal. The ballot title and question for Question 5 is as follows: • ESTABLISHING FOUR YEAR TERMS FOR MAYOR AND CITY COMMISSIONERS • Amend Charter to change Mayor and City Commissioners' terms from three (3) year terms to four(4) year terms. • YES • NO *Note:District 1—D1,District 2—D2,District 3—D3,and District 4—D4 Beginning in 2022 for Mayor, *D1 and *D3 Beginning in 2024 for *D2 and *D4 -- In 2018 and 2021 —D2 and D4 elected for 3 year terms -- In 2019 -- Mayor, Dl and D3 elected for 3 year terms 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Mayor Mayor Mayor D1 D1 D1 D2 D2 D2 D2 D3 D3 D3 D4 ------ D4 D4 D4 Discussion ensued regarding term limits, and it was decided to have Assistant City Attorney Crosby-Collier change the verbiage on the summary report as follows: Effective with the first full term commencing following the March 2022 election for the Mayor, the District 1 Commissioner, and the District 3 Commissioner and following the March 2024 election for the District 2 Commissioner and the District 4 Commissioner, the Mayor or a commissioner who has held the same district office for the preceding two full, consecutive terms is prohibited from appearing on the ballot for re-election to that office. Further discussion ensued. Ballot Question 6—CRC Ballot Questions C-61. - Powers and duties (of the CRC) • The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases of city government. If changes are recommended, the A Charter Review Commission may, during its term, shall transmit its proposed report with Charter amendments in ordinance form to the City Commission for comment. The City Commission shall, within 30 days of receipt, review the report. If the City Commission has comments or recommendations, the City Commission will return its comments or recommendations, if any, to the Charter Review Commission within 30 days. The Charter Review Commission shall consider the comments or recommendations of the City Commission and then shall make its own final report to the City Commission, in ordinance form, which shall be adopted verbatim by the City Commission and which shall be placed . . - . .. : .. - ., - - the Charter on the ballot at the next general municipal election elections only. The final report and ordinance must be adopted by the City Commission, provided a report of the proposed changes has been delivered to the City Clerk at least ninety (90) days prior to the election, or as otherwise may be required by law. Such amendments or revisions do not require the approval of the City Commission. In the same election, the City Commission may sponsor its own proposal for inclusion on the ballot. In the event of any conflict among proposals, that proposal receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. • Ballot Proposal. The ballot title and question for Question 6 is as follows: • REVISING POWERS OF CHARTER REVIEW COMMISSION TO REQUIRE CITY COMMISSION REVIEW AND ADOPT ORDINANCE • Amend Charter to require the Charter Review Commission to submit ballot questions to City Commission for review and approval; allowing City Commission to suggest revisions to the language recommended by the Charter Review Commission prior to adoption. • YES • NO Discussion ensued regarding the 30 day time frame for transmittal of the Charter Review Commission report and if an additional 30 days would be needed for a response from the City Commission. It was decided to have Assistant City Attorney Crosby-Collier change the verbiage on the summary report as follows: If changes are recommended, the A Charter Review Commission may, during its term, shall transmit its proposed report with Charter amendments in ordinance form to the City Commission for comment. The City Commission shall, within 30 15days of receipt, review the report. If the City Commission has comments or recommendations, the City Commission will return its comments or recommendations, if any, to the Charter Review Commission within3-0-days-the same 45 day period. Ballot Question 7—Districting Commission C-66. —Establishment of Districting Commission; alternate members; absences. • Ballot Proposal. The ballot title and question for Question 7 is as follows: • UPDATING DISTRICTING COMMISSION TO CONVENE EVERY 10 YEARS, ALLOWING ALTERNATES, REQUIRING REMOVAL AFTER THREE ABSENCES • Amend Charter to remove requirement that Districting Commission meet every 5 years to adjust City Commission districts and instead require Districting Commission to meet every 10 years; requiring City Commission to appoint two alternate members; providing if member misses three meetings, member is automatically removed from Districting Commission and replaced with an alternate. • YES • NO a. Preliminary action on revising membership for Districting Commission and Charter Review Commission to designate alternate members. (City Attorney) Assistant City Attorney Crosby-Collier explained the handout she had provided to the members regarding the Districting Commission and Charter Review Commission and an additional ballot question for them to consider which: - Allows for two alternate members on both boards - Requires automatic removal after three absences - Provides that alternate members serve as regular members - Alternate members cannot vote unless a member is absent - Allow alternate members,to fill vacant seats Ballot Proposal. The ballot title and question is as follows: • UPDATING DISTRICTING AND CHARTER REVIEW COMMISSIONS TO ESTABLISH ALTERNATE MEMBERS, REQUIRE REMOVAL AFTER THREE ABSENCES • Amend Charter to require City Commission to appoint alternate one and alternate two as members of Districting Commission and Charter Review Commission; allowing alternates to participate in process but only vote if a member is absent; providing if member misses three meetings, member is automatically removed from Commission and replaced with an alternate. • YES • NO Consensus of the Charter Review Commission was to add this ballot proposal as Ballot Question 8. CRC Facilitator Rosenthal briefly explained that procedurally what they are doing with the report is following the charter as they are proposing to amend it; and further, he suggested that when they transmit the report to the City Commission, they request a response within 45 days. Assistant City Attorney Crosby-Collier further shared that she will include the ordinance with their report which will include the text changes, ballot questions, and ballot summary. It was discussed if the ordinance would be included with the public hearing. Assistant City Attorney Crosby-Collier recommended the board only provide the report for the public hearing so they can explain to the residents how they came to their conclusion. New Business CRC Facilitator Rosenthal said their next meeting is the public hearing, and they may want to consider how they would like to proceed for final adoption of the report at that point so they do not have to schedule another meeting. After a brief discussion, consensus of the Charter Review Commission was to include adoption of the final report as an item on the next agenda. It was explained that should they receive a lot of feedback from residents at that meeting, they could continue the adoption of the final report to another meeting date. Direction to Attorney/Staff Chairman Hopper agreed it would be best to have Assistant City Attorney Crosby-Collier do a presentation, but asked to have it consolidated so that it would be easier for residents to understand. Assistant City Attorney Crosby-Collier explained she could do a presentation with just the ballot summary questions and titles. CRC Facilitator Rosenthal asked the recording clerk to explain to the Charter Review Commission how the public would be informed about their public hearing. Recording Clerk Sibbitt said she would run a display ad in the West Orange Observer, place a notice on the front page of the website and website calendar, and have the Mayor make an announcement at the July 18th City Commission Meeting. Set Next Agenda—July 19, 2017 Public Comments—None Adjournment The meeting adjourned at 7:26 p.m. i464440674._ Melanie Sibbitt, Recording Clerk Michael Hopper, Chairman