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Charter04-13-10Min - - City of ]Longwood. ~ ' ~ . M 2010 Charter Advisory Committee ' ~ - ~ Longwood City Commission Chambers - • - ~ 175 West Warren Averiae • ~ ` ~ : Longwood, Florida MIIeiUTES - - • APRIL 13, 2010 Present: Vice Chair Bruce Kubec . _ .Member Greg Cetera - . . . Member JoAnne Rebello Member Mark Weller Daniel Langley, City Attorney Giffen Chumley, Fishback~Dominick ~ - . . ~ . - ,Katrina; Powell,, Gty,Administrator : , , . , Linda F.; Goff,, Recording Secretary, ` • r _ , • ?1 1. Call to Order. Vice Chair Kubec called the meeting to order.at 7:9.0 p.m. 2. Election, of Chair,.- ~ ~ . ..Vice Chair Kubec-o ened the floor fornominations of Chair., to ` Member JoAnne Rebello nominated Vice Chair Kubec for Chair. Seconded by Member Cetera;, ~;,~n,,. d., ; ,,Vice Chair. Kubec; closed the,floor. for nominations.. of Chair......, Nomination carried by a ~unan+i~mous roll call vote. . ~ d~'R ~ j i rf' a`~..:1ei y:~'r ~ ~^''.f,ri- ;!'~'{Y .1:~~.. • :Election of Vice Chair..,,; , . , ; a..,;- - j.•-, • Vice Chair Kubec opened the~floor,for nominatgris of Chair... , - , t . ,Member JoAnne,Rebello•nominated herself for Dice Chair. Seconded by . r:' ~Nlember Cetera. _ . ~ _ .f • Chair Kubec closed the>floor. for nominations of Vice Chair; , ; Nomination carried by,a.unanimous roll.,call.vote,;~ ~ . Charter.04-13-10/1' 3. Approval of 11Zinutes -March:18,2010:. ~ Vice Chair. Rebello ~moved~ to approve the,Minutes of March 18, 2010 as presented. Seconded by Member..Cetera and carried by a unanimous voice vote. . ~ , 4. Public Participation. None. ~ , .v 5. Review of Ch:~rter. ~ ' A. Article I. Creation and Power: Reviewed with no recommendations. B. Article II. Corporate Limits. _ Section 2.01. Corporate Limits. Reviewed with no recommendations. Section 2.02. Annexation. - • Vice Chair Rebello said` under'-Annexation it states "The corporate limits of the City of Longwood maybe extended asprovided in Florida Statutes, Chapter 171, as same may be amended; supplemented, or transferred from time to time. "She inquired if that means the Commission could give away . ~part'of'the`City . - . ~ ~ , Mr. Chumley advised that was referring to Chapter 171.~He~said sometimes the Legislature likes to amend the annexation statute, when you ~ say transfer; they;liave'beeri4kn'own to move~that statute ar`~ou.nd and it tracks the statute. C. Article III. City Commission. ~ ~ ~ • ~ - Section 3.01. 'Corr?posiQion Qualifications of Members~Commissiorn Districts, Election, Term of_ Office, Oath and Forfeurture. ~l. Chair I<:ubec said that most of the Cities in Seminole County elect a Mayor. He said.. in Longwood we elect five Commissioners and the Commissioners elect from among themselves a Mayor. He inquired if this was something the Committee may want to investigate: ' ' Member Cetera sad'in~Lorigwood's situation, having the ~f ve Commissioners, the Mayor was more or less a figurehead for'ceremo''riial~pi~rposes and does not. conduct the day-to-day business of the City. He stated in most cities that elect a :LVlayoi, the' Mayor seines as part`of•the day-to-day"tasks: Chair I<:ubec~'sai`d`the'1Vlayor also represents the City outsiie to other government agencies and ,groups like Mayors and Managers„ or CALNO. Charter~04=13-10/2 • . ~ ~Vice~C~hair Rebello.saidtishe likes;it thew~;ay: it.is-and-she would not want to ~ , ~ , have anelected Mayor. ~ She stated•the:way it is .now,:.if a Mayor was not the best representative for the City; the Commission can;,ehange it. Also, when a Mayor is elected, would they receive the same amount of pay as the other Commissioners? She stated ins other.-instances,.,sometirnes :an elected Mayor cannot vote unless it is a tie breaker. _ . "_Member~Eetera;.saidtheyfmay.be,;gettingt~ahead~ofthemselves as this was ~ :addressed,underaSection.3:_Q3,~~.;~~~ ~-~;~..rY . , Chair.Kubec said he just wanted to bring up the concept, of:an elected Mayor by the citizens. Member Weller inquired if it was specified :in~,the Charter where it gives the length of the Mayor, as far as the term. Mr. Chumley advised that Section 3.03 addresses the;Mayor being elected for one year and will ypreside at the pleasure of the Commission. Vice Chair.--Rebello~safd;the Commission Rules:and,Procedures provide to elect the Mayor at the first meeting in May:. ' ~ • ~ 1Vlember,.Cetera, said.paragraph: (b) Qualifications. of, commissioners, has a •-requir'.ement~for~a>one:(1):year:residency; then;a~ sx~(6.) months prior to qualification, and who is otherwise qualified. He stated this was pretty vague `...o a. ~ and~asked whatdefned,,qualfied; : F ' , ` . Chair Kubec said he interpreted;this,that.they would haveao live in their District for six (6) months prior to the election and would have to have resided ~ - . in Longwood: for:one~(1) year ;pr-ior to: an;election.; ~ - ~ . . ~ E , . Mr.,Chumley;said~it~was:a~catch all:'He_stated. there were_other sections in the Charter:iand~he~refeencedSection 3'.OS:.Prohibitions.rHe'~-said there were certain requirements under State Law as far as setting up campaigns that • would>-have!to~befollowedf~::v t-.= ± 'k ~ ' t - ;r- -'D,iscussori ensuedYregardingqualif eation's. , ~ Mr.aChumleysaid-'he did;not;'see a;need:to change:,this,<but;if the,Committee desires they could add an additional qualifier. . ' ~t ~Y.i. ~:~Y .]Ja. t! ~.....i r~it JZ Sja, k"~,,, .f•., rfY '~l,:. y~ ,.••fl:.. ; •;Mr:,L-angley.~saidhe~agreed~with-what~Mr,.,Chumley':has;stated. He wanted to point out that theF•lorida'Constitution'prohibitsdual•office;holding and it was good to have that catch all phrase. Charter=04,-13-10/3 ' " ' ~ ~ .1s •Mr': Chumley~'sad~~if they~were considering `othe% restrictions or additional - ~ • qualifi€;rs; lie would like'the opportunity, to clieck",these out t?efore moving ~ forward~witli them. -..~f yr ~ .:°•t~~~. _ ~ i ~ :r - ~Discusi>iori •was~lield~regardi'ng~~a restriction of~soneone with convicted felonies. . _ s,.a~,+:o ~ . ~ . . - • • ~ ~ Mir'Chumley'said~Mi•-.~~Langl"ey justfpointed out,: a`s a~r>natter Hof practicality, that if someone has been convicted of;a-felony, ~the.right tcitbe an elector and vote has been taken away, unless they have gone through a process to restore '~•;"rr.'{, ' - tYieifilhts? dt~_ _ . t,.~, .a . r:~~' .a r t:_ It was t:he consensus of the Committee to leave the language "...who is ;s - „ ~`~otl?erwise=qual~ec~~;,~P-~;d i - I,. ~ fit. 1' ~.?!i.a 4 - Discussion was held regarding paragraph (c) Geographical commission . _ __=rte districts:-~. . r:~:=;-,;,~ .,~~r',.•,'' ~~=,~f~~;Fc1.* 1. ..a i3.. '.t r~'i ft: ~l ri "Y~~f ~'l ~YS _ Vice Chair Rebello said the only thing that could be added vrould be to " 3i;, ~ W~d'efermne~wh'eri to redistrict-;the City or'add':a{qualifier~thatiit be looked at every so many years j' ' r: , ~ . ~ , - - • •-Chair'l<~ubec ~s'aid he'was• going to,: sugge`st~~they:~discuss'aociking at the potential - :for a re~asori to redistrict every-ten (~1`0) years'to` coincide with the census. Member Cetera said waiting'teri (1~0);.yeats~was'a long`tim~e~to sit with expansive growth. He stated Longwood does not have any major residential ' ' comple:xes'beirig~constiuct`ed33 i'`;~•'ra F, :ail ~i!~.. °(.".1...-!~.7 .;•.i. .:t ~,'w p. ~ .ti.'.~^.. Vice Chair'Rebelloisad~when doing~the~planiing:irr.the~Traiisit Oriented District:, there were high rises. She stated if they go with the Artisan Design in ' ~ ~~i~ f '•~=th'eTndustrial District; fheri.people~wll•liveaaboye where they work. She said ` ~=2~F' ` -i-f thi's~visiori ever comes'to pa"ss+it will~change ~tli'e.district:''-`~ ....~r - 'z t,'• t. r ~a°, ~Y.i1. ;J. r .r•3..~ .,J•.Cv •r'. - 1: Mr. Chumley said districting wasznormall'y-h`andled fiy.thc`•Charter or by Ordinance. He stated they recently worked on this at another municipality who put in a provision~to~ convene! a'~Districting. Committee to suggest boundaries based on a certain rule set every ten (10) years, or in the ~ r%°` ` ~ ~ > ~ ~ •~alternative~whenever the' populatiori?of°any~di trict~ shifts.•: ~ t.:. Membc;r Cetera said they could look and entertain the idea of coming up with '-T~ "`a-simil's;l.r~"scenario of fie_ten~(~10).year mark:to~tie toy°the`ce:nsus or the - = .-°~`'''alterriai:ive:`~.Hetstafed here:.it~waswide open:.. , Ctarfer 04=1'3=104 ~ ~ " . , : Chair Kubec;said he would like ~to see;the~Committee dq .something overt to look and see if redistricting makes sense. He. suggested.the, Attorney bring in some verbiage. . , ' Mr.'Chumley said he could. brings in verbiage forthe provision and the Committee could tweak it for what theythink:works for Longwood. He~stated one. issue would be the practicality of doing it midterm and inquired if the City had. Geographic Information ..System {GIS)..=: - , :-Ms. Powell-responded in the affirrnative.:~ _ , _r a~~:... . Chair Kubec declared once every ten (10) years works. ' ; ; ~Vice~ Chair Rebello: reiterated cif there was a; sudden, shift.: from development, then. it may~need to be looked into,., , Mr. Chumley said he would provide examples~at the next meeting. . • 1 i Y . ' , , ~.Ghair".Kubec. in paragraph ~(e)-Oath'of ogee, ,where •it states "Newly elected , a.; ` ~ and;reelected members of the City Commission will be sworn in within fifteen 4 ~ (IS)-daysfollowing-the=date.-ofdthe-election; 3'' IIe.inguired what would -..happen,,=if an election was contested and~this•lasted beyond the fifteen (15) days. He .asked if the person would still be sworn in. ~ a ~ - ,Member Cetera said-they, wguld not~be sworn in•until the,eleetion is certified. • Therefore ou may end. up •with a vacancy. , . ` • ' ~Y • ~ - ~ Chair Kubec suggested this be~ changed to state "..:within fifteen. (I S) days _ _ ~,following.the date of certification of. the.election. Vice Chair Rebello suggested it could state "...date of the certified election... " Member Cetera sand he,was f ne,with changing ahis language. He stated he would like to know what the carry over provision was or what would happen , in-the .event that seat is vacant, , 't i ~ , _ , , . Chair Kubec said that would be no different than. ;if a-,Commissioner would pass away or if a Commissioner resigns. Mr. Chumley said thetfifteen (1.5) day,.provision:,was:probably okay. He stated _ _ ,.~;"the `%date-of certifcation,;~~would probably:be a little.more~:accurate. He said elections usually get, ceitified-right,away; , ~ r • ; ' . . Vice~Chair-'Rebello~said she would. like it-to state `'...:#he:date of the certified election... " o:,a~' : _ _ Gharter.04- L3-;10/5 ~ ~ ~Mr. Ch.uml'e •su ~ e"sted-the~Committee consider usin " c~~te o certi cafion Y gg g f • . > _ ; - ~~~of ele'c~'ion results... " : . - - • • - ~ . ~ Mr. Kubec inquired how the Committee should go about documenting or • "putting. tdgether-the recommendation that will go to lie`City Commission to ' - - . change this'verbiage. - ~ . . ; The Recording Secretary advised in'the past,the Charter' Ad~~isory Committee has made recommendations by motion and at some paint in the process the Recording Secretary-has~provided the Committee with a strikke-out, insert document to review. Mr. Chumley said he did not see a problem with that. The Committee would = ~ ~ ' • obviously ~ need to agree odthe language ahead of time and give direction to the clerk to bring back astrike=through, .underlined>version cif what the Commiittee approved. Chair Kubec moved to ask the Recording Secretary to do a sample • ~ - • ' • ~ = ~ 'strike=through editiori'to indcate'the "...days following the date of the • • • • ' ~ ' ' • • ~ -'certi~cation~`of the election results for all elections held in 1989 and ` - ~ • "lafer. "~for•the"Committee+"sireview at the next meeting. Seconded by ' ~ ~ ~ Member ~UV'eller sand ca'rried~•by a unanimous voice vc>te. Vice Chair Rebello said the next sentence states "The City Clerk will ~ - - ~ ~ ~ ' ~ administer-•the oath of office:~~« She stated she would like this to say "The City Clerk or his/her designee' will adm"inister he oath of ace.:" • ' ' `Vice Chair Rebello moved to ~eharige the la"st 'sentence to say "The City Clerk~or•his/her• desigrree'widl •administer`the oath~of office. "Seconded by Chair Kubec and carried by a unanimous voice vc?te. Chair Kubec inquired in paragraph Forfeiture, when would the forfeiture ~ take.pl~ice~and=at•what poirit~wll=they<~forfeit the office~~ Membf:r Cetera said in paragraph one (1)"if was taking'them off the ballot and paragra~.ph (3) it was taking them out of office. He stated paragraph one (1) • •"was~very grey. _ f~.. . _ ~ Chair I<:ubec said all of the qualifications' before, including tlhe catch all phrase • { ' ~ ~ = Hof "otherwise qudhfted~"apply.; Hey stated if one of these .no lfonger exists, then ~ ' ~ `"your"na.me 'woul'd ~be~ struck"from>ballot: He~gave.examples of paragraphs two (2) and three (3) where•you~may~'no•longer qualify. ~ . - ' `=Member Ceter"a "said essentially this is covering, forfeiture `:from the ballot stage to the actual holding of office. ~ = ' Charter 04=13=10%6 - 1VIr. Chumley said where it states one "...shall be struck from the ballot.. " heeds to'be read-together-with Section"3..07t~where:it'states~: "The Czty Commission shall- be 'the judge of the election and qual ~cafions of its members and of the grounds for forfeiture of their offices. "He stated it would t=`~ ° ~~~'-'be thetiCity-Coirimission-who would~~actuallysdetermine~~whether the 'qualifications were lacking. , ~ ~ = . • . - • Section 3.02. Compensation. Reviewed with~no,'recommendations. Section 3.03. Mayor and Deputy Mayor. Reviewed with no recommendations. 'Sec'tion'3:04:''General Powers and ~Duties'Reviewed with no . recommendations: r . c; , ..~lti: _ , . Section 3:0`5.Prohibitions: j.l 7;•~.%ra,..; . , . . ~ Vice Chair Rebello suggested .after a Commissioner leaves the Commission, they`sliould not'automatically-be able to do business.with the City. She said she believes they do this at the State level. She stated she would like to see a ' ~•one (•1) year~time frame where a~Comnissione'r cannot do business with the City. ~ . Chair Kubec inquired what isf"the~Commissioner:+becomes.an?employee with a business that the City utilizes and their job may have nothing to do with City business. ~ ~ , ; ~ . . Vice Chair Rebello said her intent~was if they: own .their~own business, or a' major stock holder of that business,. that would give them an unfair advantage. ' ~ She'reiterated there should~be a.one (;1).year time frame~.where they;cannot bid r.. ~ or:.do work=for the City.:... . . , r , °'1Nlember' Cetera said hedoes"riot'support a'carte blanche: saying somebody can'f do business with` the City-for a •year: ~He; said an elected City: official or a paid employee needs to be held to the standard that they are negotiating the best deal for the City. - He~ said "ifahey are. providing the best service. and aYthe • ~ best value, they should not block them out for a year. Chair Kubec said;the City Administrator negotiates contracts and should do what is best forthe City. Vice Chair Rebello said. she would like to mirror the same prohibition as the State. Mr. Chumley said. there was a prohibition for~sitting Commissioriers.~He . stated not all the Ethic Rules were applicable to municipal officers. Charter 04-13-1077 Chair Kubec;suggested~this be researched and the Committee start their . ' ~ ~ discussion with ,this Section at the next, meetng;• , , . , ~ _ ;Itawas the.consensus.of:the Committee: Members_to have. research done and discuss Section 3.0'5 Prohibitions at the start of the. next.meeti.ng. 6. New Business::-None- ~ _ . ~ 7. Old Business. ~~•~1 ~ ~P:~ a .tn ~ • ~ , . Chair Kubec said Mr. Langley provided to the Charter Advisory Committee Members a,copy of a Memorandum dated .March 26, 2010 on, the Sunshine Law. He inquired if there were any questions or discussion . ~ - Member Cetera. said they had talked at the'last meeting about being,supplied with the previous changes. The'Recording, Secretary .advised,these~were• mailed, on March• 24; 2010. . . Ms. Powell. inquired if documents could be sent to the Members by f;lectronic mail. ;The Charter:;Advisory,Membersresponded in the affirmative. ; Chair Kubec requested a printed copy. 8: - -Agenda:~Items for. Next;Meeting.; ~ , , . - , . . ` • ~ • :Cha:ir:Kubec said the Recording Secretary would .provide astrike-through version of the recommended amendments to be discussed at the beginning of the Meeting. He stated they would continue the review of the Charter with Section 3.05. - . 'Prohibitions:. He asked .the Members .to come..prepared.tq discuss Sf,ction 3.06 . through;Section,4.08:IHe said. the next 1Vleeting~is,May 11;'20,10. - . . 9. • . ' .Adjourn: Chair.Kubec adjourned the meeting at 8:12 p:m. , _ ~ - . Bruce;Kubec,'Chair , ATTEST: . . Linda F. Goff, CMC, I~ rding;Secretary _ , Charter 0.4=13-10/8. '