Charter01-10-08Min City of Longwood
2007- Charter Advisory Committee
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
January 10, 2008 7:00 P.M.
.Present: Chair Joe Durso
Vice Chair Jack Caldwell
Member Tamara Cooper
Member Susan McMahon
Linda F. Goff, Recording Secro~tary
Absent: Member Douglas .Damerst
1. CALL TO ORDER Chair Durso called the meeting to order at 7:02 p.m.
2. ELECTION OF OFFICERS.
A. CHAIR. °
B. VICE CHAIR.
Member Cooper moved to keep the same officers. Seconded by
Member McMahon and carried by a unanimous voice vote with
Member Damerst absent.
3. APPROVAL OF MINUTES: December 13, 2007.
Vice Chair Caldwell moved to approve the minutes as presented.
Seconded by Member Cooper ar~d carried by a unanimous voice vote with
Member Damerst absent.
4. PUBLIC INPUT. None.
5. OLD BUSINESS. None.
6. CHARTER ADVISORY COMMITTEE RECOMMENDATIONS.
Chair Durso said the first proposed amendment was the addition of Section 1.02.
The Recording Secretary advised that Member Damerst had called to notify he
was out of town and would not be able i:o attend the meeting. He requested to
convey that based upon the correspondence received by the City Attorney he
would withdraw his recommendation regarding the amendment of Section 1.02.
cAC i-io-osn
SECTION 1.02 - INTERGOVERNM]ENT RELATIONS
The city may garficipate by contract or otherwise with an~aovernmental
entity of this state or any other state or states of the United States in the
performance of any activity which one or more of such entities has the
authority to undertake.
Chair Durso moved to withdraw the amendment for Section 1.02.
Seconded by Vice Chair Caldwe](1 and carried by a unanimous voice vote
with Member Damerst absent.
Chair Durso said Supervisor of Election;, Michael Ertel was in attendance at the
meeting in case there were any question: with regards to the Elections and the
language regarding Tie Votes.
Chair Durso said the next proposed amendment was in regards to requiring a
three-fifths (3/5) majority vote to appoint a City Administrator.
SECTION 4.04 -APPOINTMENT OF CITY ADMINISTRATOR;
QUALIFICATIONS; COMPEI~TSATION
The City Commission by athree-fifths (3/5) maiority vote shall appoint a City
Administrator for an indefinite term and fix his or her compensation. The
Administrator shall be appointed on the basis of executive and administrative
qualifications which qualifications will tie set forth more fully in an ordinance.
Member Cooper moved to approve the recommended amendment for
Section 4.04. Seconded by Member McMahon and carried by a unanimous
voice vote with Member Damerst absent.
Chair Durso said the next proposed amendment was a grammar correction to
Section 5.01.
SECTION 5.01 -GENERAL PROVI~~IONS
(a) Creation of Departments. The City (commission may by ordinance establish
City Departments in addition to those created by this Charter and may
prescribe the functions of all departments except that no function assigned by
this Charter, to a particular department or office may be discontinued or,
unless this Charter specifically so provides, a-sign assigned to any other
office or department.
Vice Chair Caldwell moved to accept the grammar recommendation to
Section 5.01. Seconded by Member McMahon and carried by a unanimous
voice vote with Member Damerst absent.
Chair Durso said the next proposed amendment was to Section 8.01(a).
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SECTION 8.01 -CITY ELECTIONS
(a) Regular Elections. The regular City election shall be held on the first Tuesday
after the first Monday in November of each election year.
Chair Durso said since the City of Longwood does not have an election each year
they were recommending adding the wog°d "election".
Member Cooper moved to approve the proposed amendment to Section
8.01. Seconded by Vice Chair Caldwell and carried by a unanimous voice
vote with Member Damerst absent.
Chair Durso said they had a memorandum from the City Clerk and the City
Attorney regarding "run-off elections" in Section 8.04(b). He stated Mr. Ertel had
suggested using the "drawing lots" language.
Mr. Ertel stated the "draw lots" language; was according to the Florida State
Statutes. He said each City would deternline the method they use, whether to have
the candidates draw a card or flip a coin.
Florida Statutes 100.181 states the following:
"Determination of
person elected. -The person receiving the. highest
number of votes cast in a ger,~eral or special election for an office shall
be elected to the office. In cG!se two or more persons receive an equal
and highest number of votes for the same office, such persons shall
draw lots to determine who shall be elected to the. office. "
SECTION 8.04 -ELECTIONS
ien
hest-amber'-e~ "
~~~tie
(b) In the event of a tie vote at a City Election, the City of Longwood
will follow Florida Statutes 100.181.
Vice Chair Caldwell moved to recommend amending the language to
Section 8.04(b) by adding the language for "draw lots" as presented.
Seconded by Member McMahon and carried by a unanimous voice vote
with Member Damerst absent.
Chair Durso said the last two proposed amendments were Sections 9.04 and 10.01
with regards to the number of required signatures for petitions.
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SECTION 9.04 -PETITIONS
(a) Number of Signatures. Initiative and referendum petitions must be signed by
qualified voters of the City equal in number to at least €~€teee twen percent
~3 2( 0%1 of the total number of qualified voters registered to vote.
Vice Chair Caldwell moved to aX?prove increasing Section 9.04 to twenty
percent (20%). Seconded by Member Cooper and carried by a unanimous
voice vote with Member Damers~t absent.
Chair Durso said Section 10.01 also had to do with the number of required
signatures by petition for Charter Amendments.
SECTION 10.01 -CHARTER AMENDMENTS
(b) Initiation by Petition. The voters of the City may propose amendments to this
Charter by petition signed by at least tt~t twenty percent 20% of the
total number of qualified voters registered to vote in the City of Longwood.
Vice Chair Caldwell moved to approve increasing, Section 10.01 to twenty
percent (20%). Seconded by Member McMahon and carried by a
unanimous voice vote with Member Damerst absent.
Member Cooper inquired if they ever found out the number of Firefighters.
Chair Durso said they had not received that information.
Vice Chair Caldwell said they had discussed the required number of Firefighters
at the last meeting. He said they had received a memorandum at one point from
Mr. Drago referencing the reinstating of the Fire Department and Police
Department by Charter Amendment. He said he recollected the Committee still
would like to know what the number was for reassurance to the community. The
City Administrator indicated the City uses State Statutes and City Ordinances or
implementation and operational guidelines for the Police and Fire Departments.
The Charter Advisory Committee recessed at 7:25 p.m. and reconvened at 7:40
p.m.
Chair Durso said he called Deputy Mayc?r Bundy during the recess to ask him
what the history was with this particular section. Apparently in the late 90's there
was an attempt to downsize the Police acid Fire Departments. He said the number
of Police Officers was a National Standard. In an attempt to prevent the Fire
Department from being phased out by referendum, they listed the phrase of no
fewer than those in 1997 in the Charter. He stated as the City grows, they adjust
the numbers accordingly.
Discussion was held regazding the number of required Firefighters and the safety
of the community.
CAC 1-10-08/4
Vice Chair Caldwell said the sentence in the Charter was vague and they did not
know how many Firefighters this referenced. He declared they needed more
information. He questioned if there would be any benefit to recommending a
change to this.
Chair Durso said the City currently has thirty-six (36) Firefighters. He suggested
if there was a concern, they could recommend changing this to no less than those
in 2007.
Vice Chair Caldwell. said they needed more information. He stated he did not
know if it needed to be changed.
Chair Durso said if the Committee was r?ot prepared to make a recommendation,
they could formulate correspondence to the City Commission stating their
concerns about this section of the Charter. They could request the Commission
look into the matter to see if there was a needed change.
Member Cooper moved to write a letter to the City Commission regarding
Section 12.03. Seconded by Men.iber McMahon and carried by a
unanimous voice vote with Member Damerst absent.
Chair Durso said they would send correspondence to the City Commission stating
~ it was the opinion of the Charter Advisory Committee that Section 12.03 is
unclear as it refers to the Fire Departmeirt. He reviewed language in the
correspondence and said they would respectfully request the Commission review
the number of Firefighters employed by the City on November 4, 1997 and
consider any necessary changes to insure; the protection of the citizens of
Longwood.
Member McMahon said the goal should be to clarify this so the next. Charter
Advisory Committee does not have the :;ame issue.
Chair Durso inquired how the Committee would like to .send the
recommendations to the Commission. He said they could send them. under the
Chair's signature or they could be signed by all members.
It was the consensus of the Committee t~~ send a memorandum to the City
Commission from the Charter Advisory Committee with the Chair's signature and
each member receive a copy.
Member McMahon inquired if the Committee members should be present at the
City Commission meeting when the recommendations are reviewed.
Chair Durso requested the members of the Charter Advisory Committee be
notified. when the recommendations would be reviewed by the Commission by
sending them a copy of the Commission Agenda.
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7. AIDJOURN. Chair Durso adjourned the meeting at 8:00 p.m.
s air
ATTEST:
- ~ ~
Linda F. GoIT, Recordin secretary
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