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Charter06-25-86Minpresent. chairman -Chairman is keB ington EdwarduNanasky na ld 'P rry, City Clerk Absent: James [<leinmann 1. Mrs. Dennrs called the meet i.ng to order at "1:10 P.M. 2. Approval of M s for May 28, 1986. Tne minutes of May 28, 1906, were accepted as submitted. 3. Tne Committee r the proposed report t the Lo nywood City Commission and madeedthe following changes: o ended that Section 4.02 - CITx ATTORNEY, be amended o deletee[ requirement t the City A ney have a o£ five years practice before the Florrda 0artbeforc appointmentum enaea tnat s n 4.03 - xE wex be amenaeateo aelete rreg~~reme~eTfo~ ann,Y,aiLE appoin tmentTOR C. Section 4.07111 - DUTIES of City Administrator. The Committee added a endatioDn t the proposed a endment n the r that therCitymCOmmissionodetermine the advisabi 1. i.ty of incl udpi ngtthe -uilding Official a of t e individuals l..i.sted i icl.e I requ i.r ing appointment by t ity Commission since rt was required by the Southern Standard -uilding Code. B.021c1. The Committee x ended [hat 5 8. 02 (c) becdeleted from the Charter rat herctnan a ended ifetne n endations c ing 8.021a1 and Ib) w approved by t embers of the Longwood city Commission. s believed thato all the qualifications for City Commissioner a e listed in Section 3. 01 (b) and if the requirement £oz a Petition i ted, there would be n notify a candrda to within five 151 edays that he/she is qualif ied,to n 4. 0~~11. The Committee r ended that the c name forethe proposed change read S utherno5ta nda rd Building Codect at ]T00 pomnitteeeegreedneo meet again on Wednesdeyo, S ly 2, 1986 m to r ew t proposed report prior submrssion to es pectfuJl l~yp sQub~mitt~ed C it~k erry ~i fi'n` _ ~;a,nr~i ~' =':_ E h[iip of ~~nngwnnD ~. f`,~~'~r I7S IDleel P@nrren Aoe. ~ ~~ . ~ s~nn~lnnna. 3nmr(a2 az>>n-8197 ~,_~,_ r, Tel. 8310555 Sune '25, 1986 NONORAHLE mAY02 AND CITY COMMISSION£AS The Charter A appointed by the City C tober 14 ev1985Cto r wwtbe Charter of the City of Longwood and t make c endationsefor any changes considered appropriate to the City Commission. The Chax ter R e has held a total of eight m togs ith the finalvm i~gmheld t s date. The Committee conducted thorough r eof each s of the Charter and i s be- lieved that theefinal list oftr ended changes williprove beneficial and improve the Char tei~ The following changes are nezeby recommended: n 3. 01 (el DATA OF O the ntbe changed t end FS ing in date of nnewlyhelected Commissioners to within 15mdays after election. '^ The C endation w s based upon the belief that ewly electediCOmmissioners should a their duties and respon- sibilities a s possible to limitmthe "lame duck status of outgoing Commrssrone rs. Section 3. 01 (q) ELECTION A ended that the cnangea ead ingto£s £iveo 151 c stoners rns tead of 'consistin92ofrat leas [sf ive (51 commissroners . it i hat C s pro ould permit r ing the umberuof CommlesionecshshouldvcheoCity e rtne umber of districts; however, i of the compacts geographical limits of the city, five (s( arstrre is should be sufficient. n 3. 05 (b) I - endeacthat the s nEbe£changed to8readlasSfol loOwN ceptrfoimthe purpose of inquiriesrand i tigations under Section 3E09, n ither the Commission n embers s 1 deal with City 0££icers and employees who a subject t endirection and supervision of t City Administrator exc~e t through the administrator, and n ither the embers shall give orders to any such officer or employee, ne itheripublicly ox privately." The C e believes that the word except" rs more clearly unders toodmthane the word "solely". An E9nnl fl7pynrtunitp 7emplo0er" Section 4.06 AC'L ING CITY ADMINISTRATOR: ended that n be a ended as follows: the fo llow~ g s followingzthe f "In n shall a ingeCityce Administrator berappointedcfor a per~odvexceeding 90 days." The C e believes that a permanent City Adm.i.nistrator i zequired fors the efficient administration of the City and c sidezs 90 days sufficient t to replace an Admi n.is tr ator who resigns or one who is termznatedme Section 4.07117 - POWERS AND DUTIES. It is zecommended that this sec tron be amended to read as follows: 4. 0]111 The City Administrator shall appoint and when the ity Administrator deems i ary f the good of the City, may suspend o all Citycempl oyees and department heads i oraance withrthevpecsonnel rules of the City of Longwood, Florida, adopted pursuant t [he requirements Of this Chartec. vided, however, all suspended or discharged employees or department heads may i ocdance with [he personnel policy have their suspension r dischaege r wed by the City Commission and p[ovidinn further that the r ents of the Southern Suildi ng Code shall be followed r uiaem th t e nd 1 of the Buildin OfF'c'al."e rsecti on 5.01 - GENERAL P VISIONS. It i ended that sub- sectron S. OL Ia) c of_oepaztme_. besworded as follows: "(a C of D The City Commission may by ordinance e tablish City De partmen is i addition t those c ted by this Charter and may prescribe the functions of all departments cept that n d by this Char[e r, t a paeticular department o oofficetmayaberd ued, o unless this Charter p ecfrca y p vrdes, as gnedtto y they office oc p tment. Section 3.10 - ACTION RE4u2 RING A ORDINANCE, lists the e tablish- alteration o abolishment of any city department, office or agency as an action requiring an ordinance. n 5.01 Ib) D b Ad ended thaYSthezlast sentence reading ith thet of therCity C - n the Administrator may s the headtoE o ofss uch departments o may appoint one person as thenhead o£cone Or more of them." be deleted. The C e believes that by dcleti ng the above s rt will prevent the Administrator from se wing as both Adminis tr atore and Department Nead and elim mater the possibility of the Administrator serving in an illegal capacity such as Chief of Police. Section 6.OSIa) CAPITAL P that this n be a ended t ead asRfol ows: t"r(al r5ubmissfoa t ThetAdministrator shall prepare and submit t the COmmzsszon a fiveon year capital program by July 1 of each yeae.~ The Committee believes that additional t required t submit a Eive yeaz capital program and i shoal dzbe submitted with the budge[ which i required by July 1. ould be impossiD le for the Administrator t submit a e year capital program without information requr red and availab Sefduri ng the budget process. n 6.0]Ibl Adoption. St i ended that this s be a ended to read as follow "6. 0]Ib)eAdoption. The Commission by solution shall adopt the capital program with o ithout a endmen[ after the public hearing and on ox before the last wday of the last month of the current fiscal year." The Committee believes that the adoption of the capital program s dependent upon the budget adopted and t sequence should be the s The dates fox adoption of rhea qe neral budget a requi redato be held duei ng the m nth of September and by Florida t be adopted prior to c mmencem of the next fiscal year. This uwillurequire that the capital programeand the budget be adopted prior to end of the cuzrent fiscal year. n 6.08 - ApOPT.TON. It i dad tha t6subparagraphs la(,k0(b)TandF lc( be a ended t eadethatethe budget c only be amended by ordinance and that the word "resolution' be deleted. The City Attorney has advised that the ordinance adopting the budget c only be amended by ordinance and that "resolution" should be stricken. Section 6.10 P and Obligations Pcohibi tad. ended that theythi rd sentence which reads "Any authorization o£cpayment oc incurring of obligations r iolation of the provisions of this Charter shall be void and any payment s made illegal; such shall be c e fox r val of any officer o employee of the ity of Longwood,aPlorida, who knowingly authorized o made such payment o red such obligation and said officer o employee shall also becliable to the City of Longwood, Florida, for any o paid." be ended t nclude the following additional - ordings. ."how of hi ng inrthis Charter shall pre ant 1 ing obligations or payment of bills when required due t ralcd is as[ec uch as floods oc hurricanes or for other a<taons orequired by state law such as legal advertising." The Committee believes that there a ce ption t n 6. 10 (al if n aryiuotherwiseata aoffi car of the City o itytemployee would becsubjec[ to penalty far res pondin to a ergencycunless prior authorization was recerved. by City Commission. enaea ehae The Land Planning itY C all m affecting the physical development of the Citymandrshall be c salted o the comprehensive land plan, and the s may be authorized o shall be required to be e ted by the ity C n by the laws of the 5 of Florida, andathe Land Planni nq Agen~y shall e any andtall other duties and responsi- bilities as from t may be provided by law, thrs Chaster, or ordinances of theeCityt of Longwood, Florida." The Committee believes that Ue underscored word "and" makes the ead m ctly than and the Committee r ends tha to the word "and"cbe substituted for The Committeecalso ends that the s n also read "and the same may be authorized oreshall be requieed,e tence Section 7.02 - AOJOSTMENT. ended that the first s ce OAbe amended to read as foil ows:~"The City Com- eshall by o di na nee e tablish a aed of Adjustment and sha lls provide s andards and procedures forESUCh board to hear and determine appeals of administrative decisions, petitions for var ra nces The Committee believes that the w inq "appeals of administrative decisions" reads m rately and ~orrectly than "appeals from administrative decisionscu Section 0.01"-. CITY ELECTION. ended that subsection 8. 01 (a) be a ended to read as follows:rs"Be01(a7 R gular Elections. The regular City eLec tion shall be held on the first Tuesday of November o£ each year." The Committee believes that the City's election date should be changedto c espond with 5 and N nal elections. s believed that changing the date of thetelec ti ontwill promote greater c participation in the election process.which will be beneficialtforn all cr t.v zens. n B.O1 - CITY ELEC'LI ONS. It i ended that Section B. 011d1 cCOnduct of Elections. be a ended [ eadmas follows: "Section B. Olldl Conduct of Elections. Except a otherwise provided by this Charter, all regular and special elections of the City of Longwood, Florida, shall be conducted i ordance with the Election L of the State of Florida and theaCOde of Ordinances of the Ci tywof Longwood. •' e coauniteee b anoala be a ended t reflect that the Citylm omplytwit hethe elections laws of the 5 of Florida and that the ut ordinance should be a ended to read Coded of Ordinances s all ordinances will become part of the Code of Ordinance Following adoption. n 8.02 - CANOI O_ATE NOMINATING P ended that title be changed t ead C E QUA INGBPROCEDURES ei of the followieg recommendation that n ingy petitions be discontinue also recommended that Section 8.021a)tbe a ended t ead a follows: "6.021a) Voters. Any qualified v mof the City maysqualify for the City Commission as a district Commissioner." The Committee believes that a n petition s Quid be discontinued and if this r rsvapproved, Section 8.02 will require amendment as recommenaea.n n 8.02(61 - ended thaT subsection 8. 02161 be changedct s follows is sc0216) Qualifying F -refundable qualifying feedof 550.00 shall be required of eachecandidate." The Committee believes that tM1e qualifying fee should be sed From 525.00 to $50.00 to help defray partial c o£ the election and to discourage anyone from submitting a frivilous qualification. Section 8.021c) - ended that subsection 8. 02 (c) be changed t ead as followsis rBC 021c). cedure after Filing. election authorities shall n tify each c dilate for the position of district C ithin five I51 w inq days if he/she has satisfied the requirements prescribed by this Charter:' The Committee believes that each candidate should be informed wvtvn a period of fume that he/she is qualified as a candidate. - FORM 0 ended that E 3 beta ended 0by deleting firs OtTS whit hmreads as followsin e Comm~i ssion by ordinance shall pcescreibe t f ballot includi ethod for listing candidates for Commissioner hel c~ti ons and any other City election." TRe Committee believes that the form of the ballot i dequately red by the election laws of the State of Florida. tome t p sc rrbe the format for each electron bys o~ai~a~~~ent n 8.04 ELECTIONS. ended that subsection 8.041a1 cbe a ended t cad as Followseco~^~^8.04(a) General Provisions and idates For office of c under this Charter shall r ithin the C n Oistrictsi owhich they r side and for whichn they shall qualify Dana be elected at large foe such office by re cerving the kighest number of votes cast." Tne C e believes that this a endment will eliminate the need formr sally, r -off election uchnless tnasfos the Rregular election and the Commute does n believe that the result will necessarily reflect the will of the people. n 8.04 ELECTIONS. Lt i ended that s 8.04161 sbe deleted svnce there wouldr otmbe any requirement nfor a .run-ofF election. e Committee believes that electing the c didate with the highest number of v will zeflect the will of the people and will eliminate the sunnecessary expense of eun-off elections. be amended to read as follows: "8.041b). Single Candidate. In the a designated s the Commission to be filled a election, that is/he and will be callylelecPedswitnout his/he~tnameobeinq listedfon the ballot and public notvice will be given." the c ends chat the requirement that a Ingle a ndidate be listed o of he ballot i ary and does st a omplish any purpose and cou ldnr salt i elec tionsthat w ary due three candidates beingaunopposed. This r ntls happened vn the City of Altamonte 8pri ngs and the cost was rn excess of 56,000. 10.01(c) be a ended t s Follows: "10. Ol lcl .Charter R The City Commmssion shallaaErom t and n t less thaw cry three (31 years, appoint a Advisory Charter Committee for the purpose of reviewing the Cnarter of the City and submitti nq r endations to the Commission for proposed a endments o ofo~he Charter. The Advisory Charter Committee sna11 be established with one I1) for a period not to exceed one (il year the Chart cr be amended to he/she where "he" now appears the r enaction of t e ebarter Aaviaorr c~ able o ~ ee prepared; xhat the s of the ~ eaa.ing; and enat the agar i~~i~ae the words cxxnmEa - xxsmonxc clTs the x endation of the Charter Advisocy Committee that [beyCi ty Commission adopt a solution to e tabu sh a nable fee for validating any petition submitted for inrtratrve or re terenanm. Respect£u11y submitted, Lynette ~ nnrs Alice L i<k Bullington Chairman e Co-Chairman Member