HomeMy WebLinkAbout072607 Charter Review Committee
CHARTER REVIEW COMMITTEE
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Date:
Time:
Place:
Thursday, July 26, 2007
6:00 PM
Railroad Depot Room, 2nd Floor, Sanford City Hall, 300 N. Park
Avenue, Sanford, Florida 32771
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Present: Stephen H. Coover, Chairman
James L. Davis, Vice Chairman
Ed Blacksheare {joined meeting 6:29 PM}
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert J. Kinney
Chris McLeod
Dennis Stewart
Attorney: Kenneth W. Mcintosh, Assistant City Attorney
Janet R. Dougherty, City Clerk
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Call to Order
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Mr. Coover called the meeting to order at 6:22 PM.
Approval of Minutes of July 12, 2007
Mr. Kinney moved to table the approval of the Minutes for the July 12,
2007 meeting. Seconded by Mr. Stewart and carried by a vote of the
Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
,....
...
Approval of the Redistricting and Related Topics Subcommittee Minutes of
July 26, 2007
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Mr. Davis moved to approve the Minutes from June 26 and July 11,
2007. Seconded by Mr. Brodeur and carried by a vote of the Committee as
follows:
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James Davis
Jason Brodeur
Robert Kinney
Aye
Aye
Aye
Approval of the Election Matters Subcommittee Minutes of July 17, 2007
Mr. Stewart moved to approve the Minutes. Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
Dennis Stewart
Jason Brodeur
Otto Garrett
Aye
Aye
Aye
Approval of the Public Officials Subcommittee Minutes of July 18, 2007
Mr. McLeod moved to approve the Minutes. Seconded by Ms. Fogle J.......
and carried by a vote of the Committee as follows:
Chris McLeod
Dorothea Fogle
Robert Kinney
Aye
Aye
Aye
Approval of the Relationship with City, Budget & Finance Subcommittee
Minutes of July 24,2007
Mr. Mcleod moved to approve the Minutes as amended. Seconded
by Mr. Coover and carried by a vote of the Committee as follows:
Dennis Stewart Aye
Chris Mcleod Aye
Stephen H. Coover Aye
Discussion and vote on Subcommittee recommendations
At the request of the Relationship with City, Budget & Finance J
Subcommittee, Mr. Mcintosh presented a proposed recommendation that all
reference to the Civil Service Board of the City of Sanford and all enacting
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"'"'""
legislation germane thereto be repealed and it is further suggested that an
Administrative Due Process - Right of Appeal Process be established to hear
appeals from grievances and disciplinary actions timely filed by City employees.
......
Mr. Coover suggested the Charter Review Committee members look over
the proposal and make any changes. He stated the proposal will be on the
Agenda for the next meeting for the full committee's consent. {Mr. Blacksheare
joined the meeting}
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.01 (a) as follows:
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Section 2.01 (a)
(a) City commission. The city commission of the City of Sanford, Florida shall consist
of five (5) members; four (4) commissioners and a mayor, each of whom shall be
elected for a term of four (4) years. No individual can serve in the same capacity for
more than three (3) consecutive terms. The mayor shall be elected at large. Each
commissioner shall live in and be elected by the voters of the district they represent.
The mayor and city commissioners holding office at the time of this charter ratification
shall continue in office until their present terms of office expire and their successors
are duly elected and sworn into office, unless vacancies therein shall otherwise occur.
......
Mr. Mcleod moved to approve the proposed language for Section
2.01 (a) and Seconded by Mr. Blacksheare. The motion failed by the
Committee as follows:
Stephen H. Coover Nay
James Davis Aye
Ed Blacksheare Nay
Jason Brodeur Nay
Dorothea Fogle Nay
Otto Garrett Aye
Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Nay
Mr. Stewart moved to take no action on Section 2.01 (b).
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There was discussion of the addition of the last sentence per the
meeting of July 12, 2007 for Section 2.01 (d) as follows:
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Section 2.01 (d)
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(d) Qualifying for office. Any person who is a qualified elector in the City of Sanford, and
otherwise qualified, may become a candidate for the office of mayor or city commissioner J" '.'.'
upon filing with the city clerk a written notice of his or her intention to become a candidate in . '.
accordance with Article VI, requesting that his or her name be printed upon the ballot and
depositing with such written notice a sum equal to one percent (1%) of the then effective
annual salary of the office the candidate seeks plus the costs of any applicable state
mandated election fees as a qualifying fee for the office sought. All 1 % qualification fees shall
be placed in the general fund of the City of Sanford and allocated toward the cost of city
elections. State election fees shall be transferred to the State of Florida as provided by
general state law.
The period within which a candidate may qualify as above stated shall begin ninety-two (92)
days prior to the election and shall terminate at 12:00 noon on the last regular working day for
the city clerk's office eighty-eight (88) days in advance of the election date. Qualification can
be effected only during normal working hours for the city clerk's office.
Any person who is a qualified elector in the City of Sanford, and otherwise qualified, may
alternatively become a candidate for the office of mayor or city commissioner upon filing with
the city clerk a written notice of his or her intention to become a candidate in accordance with
Article VI, requesting that his or her name be printed upon the ballot and presenting a written
petition with the names of 250 signers who are eligible electors residing in the commission
seat the candidate seeks. Candidates for mayor qualifying by petition shall present a written
petition with the names of 500 signers who are eligible voters residing within the city. The
petitions shall include the printed name, signature, address, precinct number, voter
identification number and telephone number of the signer for verification purposes. Petitions J. .....
for placing a candidate's name on the ballot may be submitted to the city clerk for verification
in whole or in part. Candidates qualifying by petition may begin collecting and turning in
names on petitions one hundred and twenty (120) days in advance of the opening of the
qualifying period. All petitions for placing a candidate's name on the ballot must be received
by the city clerk's office prior to the end of the qualifying period. The city clerk shall present
the names on written qual ification petitions to the supervisor of elections office for certification
as a valid elector and shall provide timely notification of the number of certified electors to the
candidate until the requisite number of electors has been met or the qualification period has
ended with the candidate being unable to meet the required numbers of certified electors
during their qualification petition attempt.
The costs of elector certifications shall be paid to the city clerk by the individual candidate( s)
requesting the certification as a part of the qualifying procedures.
Mr. Stewart moved to approve the Section 2.01(d) as amended.
Seconded by Ms. Fogle and carried by a vote of the Committee as follows:
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Aye
Aye
Aye
Aye
Aye
Aye
Aye
...,
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....
Chris McLeod
Dennis Stewart
Aye
Aye
...
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.02 as follows:
Commissioners shall receive compensation for their expenses in the performance of
their official duties. The commission may determine the annual salary of
commissioners by ordinance. Upon passage of such ordinance, a consulting group
will be hired from outside the City of Sanford to research similar municipalities and
their compensation for elected commissioners. The consulting group's findings will be
reported back to the city manager for review and then to the city commission for
approval. No ordinances increasing such salary shall become effective until the date
of commencement of the terms of the commissioners elected at the next regular
election. Commissioners shall receive expenses in the performances of their duties of
office.
Ms. Fogle moved to take no action on Section 2.02. Seconded by Mr.
Stewart and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
- James Davis Aye
Ed Blacksheare Aye
... Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.03(b) as follows:
(b) The commission shall select from among its members a vice-mayor in accordance with
seniority. The selection of vice-mayor shall be done annually at the first regular scheduled
commission meeting in January of eaCh year. The office of vice mayor shall be rotated
annually based upon seniority. In the event that two or more members of the City Commission
have equal seniority; the remaining mayor and commissioners will choose the vice mayor by
majority vote.
,....
Ms. Fogle moved to approve Section 2.03(b) as amended. Seconded
... by Mr. Stewart and carried by a vote of the Committee as follows:
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Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris Mcleod
Dennis Stewart
Aye
Aye
Aye
Nay
Aye
Aye
Aye
Aye
Aye
]
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.03(c) as follows:
(c) The vice-mayor shall act as the mayor during the absence or disability of the mayor. If a
vacancy occurs the vice-mayor shall act as mayor until such vacancy is filled in accordance
with section 2.06(c) filling of vacancies.
Mr. Mcleod moved to approve Section 2.03(c) as amended.
Seconded by Mr. Brodeur and carried by a vote of the Committee as
follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Aye
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There was discussion of proposed language rejected by the Public
Officials Subcommittee for Section 2.06(b) (5) as follows:
(5) Moral turpitude shall be defined as an act or crime that is illegal or so based vile or
depraved in nature that the private and public social duties and responsibilities commonly
due and expected of public officials are adversely impacted to the point that the offender's
character, professionalism, reputation, judgment and ability to duly act in an objective and
equitable fashion to uphold the offender's public trust is prominently compromised. Examples ~',.., "
of moral turpitude include but are not limited to felony crimes, open lewd sexual acts, .. '
uncontrolled substance addiction, public corruption, an abuse of children or the elderly,
violent behavior, abuse of position, misfeasance in office or repeated refusal to engage in
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parliamentary behavior.
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There was no action taken by the Committee.
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There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.07(a) as follows:
(a) The commission shall serve as the examiners and judge of city elections and of the
qualifications of its members to hold their office. The commission may remove the mayor or
commissioner from office upon showing by clear and convincing evidence that the elected
official has committed any offense qualifying them for removal from office as set forth in
Section 2.06(b).
Mr. Stewart moved to approve Section 2.07(a) as amended.
Seconded by Mr. Kinney and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
- Dorothea Fogle Aye
Otto Garrett Aye
- Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Aye
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.07(b) as follows:
(b) No mayor or commissioner shall be removed from office prior to the completion of an
investigation authorized by a simple majority vote of the commission. The commission shall
cause a timely and thorough investigation and hearing of any allegations against the mayor or
commissioner.
Mr. Stewart moved to approve Section 2.07(b) as amended.
Seconded by Ms. Fogle and carried by a vote of the Committee as follows:
,....
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Aye
Aye
Aye
Aye
Aye
.....
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Otto Garrett
Robert Kinney
Chris Mcleod
Dennis Stewart
Aye
Aye
Aye
Aye
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There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.07(c) as follows:
(c) A Mayor or Commissioner charged with conduct constituting grounds for forfeiture of office
shall be entitled to a public hearing on demand. Notice of such hearing against a Mayor or
Commissioner and date of the hearing shall be posted and published in a manner normally
afforded public hearings at least two weeks in advance of the hearing.
Mr. Mcleod moved to approve Section 2.07(c) with an amended
section in the 1 st sentence "members" changed to "mayor or commission",
2nd sentence striking the words "detailing the allegations against the
member and date of the hearing", the word "posed" should be "posted" I and
the word "hearing" before "at least two weeks" should be "hearings".
Seconded by Mr. Kinney and carried by a vote of the Committee as follows:
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris Mcleod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
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There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.07(d) as follows:
(d) The commission shall have the power to subpoena witnesses, administer oaths, compel
testimony, require the production of and weigh the evidence submitted as proof of the
allegations, appoint special counsel to represent the interests of the city, and hire or appoint
investigative staff needed to conduct an investigation of allegations against the mayor or
commissioner. The commission shall hear evidence and testimony and shall formulate a
conclusion based upon the evidence and testimony presented during the hearing. The mayor
or commissioner so charged shall not vote at such hearing.
Mr. Mcleod moved to approve Section 2.07(d) as amended.
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Seconded by Mr. Kinney and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Aye
Mr. Brodeur moved to add the sentence "The mayor or commissioner
so charged shall not vote at such hearing" to the end of Section 2.07(d).
Seconded by Mr. Mcleod and carried by a vote of the Committee as
follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.07(e) as follows:
(e) The mayor or commissioner may be suspended from office pending the decision at the
public hearing conducted under Section 2.07(d) by a simple majority vote ofthe commission
upon a showing of probable cause that the mayor or commissioner committed any offense as
set forth in Section 2.06(b). The Mayor or Commissioner so charged shall not vote at such
hearing.
Mr. Mcleod moved to approve Section 2.07(e) with amended
changes set forth by both Mr. Coover and Mr. Mcintosh. Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
James Davis Aye
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Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
.....
....
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 2.07(f) as follows:
(f) Commissioners or mayors may be removed from office or censured upon a showing of
clear and compelling evidence that the allegations are founded. Members shall be cleared of
allegations when the adduced evidence shall not be deemed to be clear and convincing.
Decisions made by the commission under this section shall be subject to a review by the
courts. Nothing in this section shall preclude the right of the people to initiate and carry
through a recall petition under article VII.
Mr. McLeod moved that Section 2.07(f) be excluded in its entirety.
Seconded by Mr. Brodeur and carried by a vote of the Committee as
follows:
"""'"
.....
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Nay
Mr. Mcintosh distributed Resolution 2007- regarding Charter
Review proposed amendments and what ever is proposed will be exhibit to
this document. Mr. Coover stated the committee should review the
document and it will be discussed at the next meeting.
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 4.01 (a) as follows:
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(a) Creation, amending or abolishment of departments. The commission may establish,
amend or abolish city departments, offices, boards, committees or commissions or agencies
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in addition to those created and governed by this charter to conduct the business ofthe city in
...... an efficient, orderly, effective manner that best benefits the city and its constituents unless
otherwise prohibited by state law. The commission may prescribe the authority, scope and
..... function of all city departments, offices, agencies, boards, committees or commissions, except
that no functions assigned by this charter or by special state legislation to a particular
department, office, agency, board, commission or committee may be discontinued or
assigned to any other foreign agency, unless this charter or state law specifically so
provides.
Mr. Kinney moved to approve Section 4.01 (a). Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
,....
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogre
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
..
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 4.01(a) (1) as follows:
(1) The commission may appoint and remove from office appointees to the city's offices,
boards, commissions and charter committees unless such appointments and removals there
from are otherwise provided by state statute or this charter. The commission shall have the
power to appoint or remove an appointee by a simple majority vote. Appointees may be
removed from office prior to the end of the appointee's term of office should the commission
determine that such removal to be in the best interest of the city. The commission shall fill
vacancies in the same manner as appointments.
Mr. Davis moved to approve Section 4.01 (a) (1) as amended.
Seconded by Mr. Brodeur and carried by a vote of the Committee as
follows:
....
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Aye
Aye
Aye
Aye
Aye
,...
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Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
J
There was discussion of proposed language which was tabled by the
Public Officials Subcommittee for Section 4.01 (b) as follows:
(b) Directions by city manager. All departments, offices, agencies, boards,
commissions or committees under the direction and supervision of the city manager
shall be administered by an officer appointed by and subject to the direction and
supervision of the city manager. With the consent of the commission, the city manager
may serve as the head of one or more such departments, offices, agencies, boards,
commissions or committees or may appoint one person as the head of two or more of
them.
Mr. Brodeur moved to table Section 4.01(b). Seconded by Mr.
Stewart and carried by a vote of the Committee as follows:
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
..,
I
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Mr. Coover requested Mr. Mcintosh speak with the City Manager to
get an explanation for the committee as to why he doesn't favor any
changes to Section 4.01 (b) so that it may be discussed at the next meeting.
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 4.01 (c) as follows:
(c) Police Department created; officers and employees; appointment. There shall be a chief
of police who shall be appointed by the city manager. The chief of police shall be the head of
the police department, and as such shall appoint subordinates from eligible lists furnished by
the human resources department. The chief of police shall have power, for cause, to
discipline any officer or employee of the police force and shall perform such other duties as
may be required by this act [charter], by the laws and ordinances of the city or by the city
manager.
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Ms. Fogle moved to approve Section 4.01 (c) with the elimination of
the last sentence. Seconded by Mr. Brodeur and carried by a vote of the
Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Nay
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 4.01 (d) as follows:
(d) Fire department created; officers and employees; appointment. There shall be a fire
department, to consist of a chief, who shall be appointed by the city manager. The fire chief
shall be the head of the fire department and as such shall appoint subordinates from eligible
lists to be furnished by the human resources department. The chief of the fire department
shall have control of all fire personnel, subject to such rules and regulations as are prescribed
by the city manager and shall perform such other duties as are required by this act [charter],
by the laws of the city or by the city manager.
Mr. Kinney moved to approve Section 4.01 (d). Seconded by Ms.
Fogle and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Nay
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 4.01 (e) as follows:
(e) Department Heads. Department heads shall be appointed by the city manager. The city
manager shall appoint subordinate officials to meet staffing needs. Department heads shall
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have power to supervise, direct, evaluate, transfer and for cause, to discipline any
subordinate employee in accordance with commission approved personnel policies and the
laws and ordinances of the city. Department heads and their subordinate employees shall
receive such compensation and benefits as may be periodically fixed by the city commission.
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Mr. Stewart moved to table Section 4.01(e). The motion failed for
lack of a second.
Mr. McLeod moved to strike Section 4.01 (e). Seconded by Mr.
Kinney and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
There was discussion of proposed language approved by the
Relationship with City, Budget and Finance Subcommittee for Section 5.04
as follows:
...
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The budget shall provide a complete financial plan of all city funds and activities for the
ensuing fiscal year and, except as required by law, or this charter, shall be in such form as
the city commission may deem desirable. In organizing the budget, the city manager shall
utilize the most feasible combination of expenditure classification by fund, organization unit
program, purpose or activity, and object. The budget shall begin with a clear general
summary of its contents; shall show in detail all estimated income, indicate the proposed
property tax levy, and detail all proposed expenditures, including capital outlays, and debt
service for the ensuing fiscal year. The budget shall indicate in separate sections:
Mr. Stewart moved to adopt the proposed language for Section 5.04.
Seconded by Mr. McLeod and carried by a vote of the Committee as
follows:
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Aye
Aye
Aye
Aye
..,
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Dorothea Fogle
Otto Garrett
Robert Kinney
Chris Mcleod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
There was discussion of proposed language rejected by the
Relationship with City, Budget and Finance Subcommittee for Section
5.04(3) as follows:
(3) Anticipated net surplus or deficit funds for the ensuing fiscal year of each Community
Redevelopment Agency (CRA) and public utility owned or operated by the city and the
proposed method of its disposition; subsidiary budgets for each such eRA and public
utility, giving detailed income and expenditure information, shall be attached as
appendices to the budget.
Mr. Stewart moved to approve the language as proposed for Section
5.04(3). The motion failed for lack of a second.
There was discussion of proposed language rejected by the
Relationship with City, Budget and Finance Subcommittee for Section
5.05(b) (2), (4), and (5) as follows:
(2) A list of all capital improvements which are proposed to be undertaken during the
five fiscal years next ensuing, with appropriate supporting information as to the necessity for
such improvements and the commission district(s) where each capital improvement project is
located;
(4) A list of all capital reserve funds and/or anticipated to be expended by the
end of the current fiscal year or extended into the new fiscal year; and,
*** New paragraph - change paragraph (4) below to paragraph (5) ***
(5) The city manager shall provide the commission with an annual year end
comprehensive financial report of the city's income and expenditures during the budget year
that shall comply with the reporting requirements of state law. The year end report shall
contain numerical values for the income and expenditures of the city and shall include visual
displays of city expenditures by commission district.
Mr. Stewart moved to table Section 5.05(b) (2), (4), and (5).
Seconded by Mr. Blacksheare and carried by a vote of the Committee as
follows:
Stephen H. Coover Aye
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James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris Mcleod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
......
......
There was discussion of proposed language for Section 5.06 as
follows:
Copies of the annual budget, year end report and capital program as adopted or approved
shall be public records and a copy shall be made available to the public for reference at the
office of the city clerk. State law references: Public records, F.S. ch. 119.
Mr. Stewart moved to strike both the proposed and the original
language for Section 5.06. Seconded by Mr. Kinney and carried by a vote
of the Committee as follows:
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris Mcleod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
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There was discussion of proposed language for Section 5.07(b) and
10.2 as follows:
Section 5.07(b). Amendments after adoption.
(b) Emergency appropriations. To meet a public emergency affecting life, health, property or
the public peace, the commission may make emergency appropriations. Such appropriations
may be made by emergency ordinance in accordance with provisions of section 10.2. To the
extent that there are no available inappropriate revenues to meet such appropriations, the
commission may, by such emergency ordinance, authorize the issuance of emergency notes,
which may be renewed from time to time, but the emergency notes and renewals of any fiscal J
year shall be paid not later than the last day of the fiscal year next succeeding that in which 'i
the emergency appropriation was made.
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Section 10.2 Emergency Ordinances and Finances.
(a) The commission may adopt one or more emergency ordinances and resolutions to meet
exigent public emergency needs at an open public meeting where public input on the
emergency action(s) may be received. The city shall give the public as much notice of
pending emergency legislation possible through the available media outlets but normal notice
times of public hearings shall be waived due to the public necessity. All emergency
ordinances and resolutions shall be narrowly constructed to meet a public emergency
affecting life, health, property or the public peace. All emergency ordinances and resolutions
shall be in a format as prescribed by section 2.11 and shall be in compliance with statutory
provisions. Emergency ordinances and resolutions shall require a simple majority for initial
passage and a super majority for passages involving the same emergency condition.
(b) The reason(s) for an emergency ordinance or resolution must be clearly delineated in the
preamble of the proposed document. Such emergency documents shall contain an enabling
clause, a declaration that an emergency state exists, clear language as to how the document
will serve the emergency needs and an expiration date for the ordinance or resolution.
(c) Emergency ordinances and resolutions shall not exceed sixty (60) days in duration and
shall become effective immediately upon adoption or as legislated in the ordinance.
Emergency ordinances or resolutions shall automatically expire on the sixty-first (61) day
after their adoption, upon repeal or at such times as may be set within the ordinance or
resolution. The commission shall cause an adopted emergency ordinance or resolution to
publicize in as rapid a fashion as is possible under the existing emergency circumstances.
(d) Emergency ordinances or resolutions may not be used to levy taxes; grant, renew or
extend a franchise, authorize service or user fees for municipal services, enact a land use
plan, alter zoning classifications or borrow money except as provided for under section 5.06
in this charter.
Mr. Stewart moved to table Section 5.07(b) and 10.2. Seconded by
Mr. Kinney and carried by a vote of the Committee as follows:
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris Mcleod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
There was discussion of a new proposed Section 5.10 rejected by the
Relationship with City, Budget and Finance Subcommittee as follows:
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Section 5.10. Bids, Contracts and Purchasing.
The city shall not discriminate as defined in Section 1.07 in the awarding of any city business J."
operations, contracts or purchases. The city shall place all contracts for external services, . ,
supplies or equipment for public bid in compliance with general state laws. The commission
shall review and select a vendor from such bids as required by law. The commission shall
review and approve a purchasing process for lesser expenditures of external supplies and
services necessary to conduct the city's business.
There was no action taken on Section 5.10.
There was discussion of proposed language approved by the Election
Matters Subcommittee for Section 6.01 as follows:
The regular municipal election of the city shall be held simultaneously with the general state
elections of each election year. City commission seats are hereby designated as Mayor and
seats 1, 2, 3, and 4. Candidates for the offices of mayor and commissioner shall file to qualify
for that specified mayoral or commission seat as provided by law.
Mr. Stewart moved to approve Section 6.01. Seconded by Mr.
Garrett and carried by a vote of the Committee as follows:
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
J
There was discussion of proposed language approved by the Election
Matters Subcommittee for Section 6.02(a) as follows:
(a) Any person who is a qualified elector in the City of Sanford, not a convicted felon whose
civil rights have not been restored and who is otherwise qualified, may become a candidate
for the office of mayor or city commissioner upon filing with the city clerk a written notice of his
or her intention to become a candidate in accordance with Article II and this section,
requesting that his or her name be printed upon the ballot and depositing with such written
notice a sum equal to one percent (1 % )of the then effective annual salary of the office the
candidate seeks plus the costs of any applicable state mandated election fees as a qualifying
fee for the office sought. All 1 % qualification fees shall be placed in the general fund of the
City of Sanford and allocated toward the cost of city elections. State election fees shall be
transferred to the State of Florida as provided by general state law.
J
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The period within which a candidate may qualify as above stated shall begin ninety-two (92)
,.... days prior to the election and shall terminate at 12: 00 noon on the last regular working day for
the city clerk's office eighty-eight (88) days in advance of the election date. Qualification can
..... be effected only during normal working hours for the city clerk's office.
-
......
,...
...
Mr. Kinney moved to approve Section 6.02(a). Seconded by Mr.
Stewart and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Dennis Stewart Aye
There was discussion of proposed language approved by the Election
Matters Subcommittee for Section 6.02(b) as follows:
(b) Any person who is a qualified elector in the City of Sanford, and otherwise qualified, may
alternatively become a candidate for the office of mayor or city commissioner upon filing with
the city clerk a written notice of his or her intention to become a candidate in accordance with
Article " and this section, requesting that his or her name be printed upon the ballot and
presenting a written petition with the names of 250 signers who are eligible electors residing
in the commission seat the candidate seeks. Candidates for mayor qualifying by petition shall
present a written petition with the names of 500 signers who are eligible voters residing within
the city. The petitions shall include the printed name, signature, address, precinct number,
voter identification number and telephone number of the signer for verification purposes.
Petitions for placing a candidate's name on the ballot may be submitted to the city clerk for
verification in whole or in part. Candidates qualifying by petition may begin collecting and
turning in names on petitions one hundred and twenty (120) days in advance ofthe opening
of the qualifying period. All petitions for placing a candidate's name on the ballot must be
received by the city clerk's office prior to the end of the qualifying period. The city clerk shall
present the names on written qualification petitions to the supervisor of elections office for
certification as a valid elector and shall provide timely notification of the number of certified
electors to the candidate until the requisite number of electors has been met or the
qualification period has ended with the candidate being unable to meet the required numbers
of certified electors during their qualification petition attempt.
Mr. Brodeur moved to table Section 6.02(b) for further editing.
Seconded by Mr. Stewart and carried by a vote of the Committee as
follows:
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Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
J
There was discussion of proposed language approved by the Election
Matters Subcommittee for Section 6.02(c) as follows:
(c) The city clerk shall verify the residency of candidates for mayor and the city commission.
Candidates shall sign an affidavit of residency and shall provide suitable documents
establishing their residency as a part of the qualification process. Documents that shall
suffice to serve as authoritative proof of residency include but are not limited to driver's
licenses, homestead exemption documents, pass ports, voter identification cards other
governmental identification cards and utilities bills.
Mr. Stewart moved to approve Section 6.02(c). Seconded by Mr.
Kinney and carried by a vote of the Committee as follows:
...
:1
...
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Aye
There was discussion of proposed language approved by the Election
Matters Subcommittee for Section 6.02(d) as follows:
(d) It is understood that emergency exigent circumstances may arise. Candidates for the
commission and elected commissioners shall normally actually physically reside in the district
they seek or are elected to represent from the date of their qualification until the end of their
term of office unless an exigent circumstance causes their abode to be destroyed or
uninhabitable and they are residing in a temporary abode until their home has been made
habitable. The impacted commissioner/candidate must make reasonable efforts to temporarily
relocate within their elective district prior to taking up residency outside their elective district.
20
.....
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CRC 07/26/07
The dislocated commissioner/candidate must have the approval of the commission to take up
,.... temporary exigent residency outside their elective district and maintain their candidacy/office.
Commissioners/candidates may reside out of their elective district for only so long as a valid
.... exigent relocation exists as determined by the commission.
Mr. Kinney moved to table Section 6.02{d). Seconded by Mr. Brodeur
and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Aye
,....
There was discussion of proposed language approved by the Election
Matters Subcommittee for Section 6.02(e) as follows:
......
(e) Any person who is a resident of the city and has qualified as an elector therein may
become a candidate for the office of mayor or commissioner by qualifying as described above
and taking and subscribing to an oath or affirmation in substantially the form as required by
the general laws of Florida.
Mr. Kinney moved to approve Section 6.02(e). Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
---
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
.... There was discussion of proposed language approved by the Election
Matters Subcommittee for Section 6.04 as follows:
21
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All candidates elected as mayor or to the city commission by regular election shall take office
on the first regularly scheduled Monday commission meeting in January immediately following J..'.','
the regular election. All candidates elected by special election shall take office after '
certification of the election results by the Commission.
Mr. Stewart moved to approve Section 6.04. Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Aye
There was discussion of proposed language approved by the Election
Matters Subcommittee for Section 6.06 as follows:
~
I:
m
..
No person shall be allowed to vote at any election for the purpose of electing the mayor or
city commissioners who is a not a qualified voter under this charter and the state law. The city
commission shall, by ordinance, prescribe the method and manner of holding all elections
which are not provided for by the terms of this charter. All elections shall be conducted
substantially on the principals adopted for state elections insofar as there is no conflict with
the terms of this charter; provided, that the city commission may, by ordinance, prescribe the
method, manner and conduct of all city elections not in conflict with this charter. State law
references: Qualification of electors, F.S. ~ 97.041.
Mr. Stewart moved to approve Section 6.06. Seconded by Mr.
Brodeur and carried by a vote of the Committee as follows:
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris Mcleod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
..,
J
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Mr. Brodeur moved to table Section 6.07. Seconded by Mr. Davis
.....- and carried by a vote of the Committee as follows:
..
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris McLeod Aye
Dennis Stewart Aye
No action was taken on Section 7.03.
Mr. Stewart moved to table Section 7.08. Seconded by Ms. Fogle
and carried by a vote of the Committee as follows:
......
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
"'"'""
No action was taken on Section 8.01 (b).
There was discussion of proposed language approved by the Election
Matters Subcommittee for Section 8.02 as follows:
,...
Notwithstanding any other provisions for charter amendment listed in 8.01, the city
commission shall cause a comprehensive review of the charter to occur by selecting a charter
review committee every seven (7) years from the date of the adoption of this charter. The
commission shall select the members of the charter committee and by ordinance shall set
forth the scope, operations and time frame for the committee to return their charter
recommendations to the commission.
....
Mr. Stewart moved to approve Section 8.02 as amended. Seconded
by Mr. Kinney and carried by a vote of the Committee as follows:
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Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
]
There was discussion of proposed language approved by the Election
Matters Subcommittee and Public Officials Subcommittee for Section 8.03
as follows:
All elected officials, department heads and other employees of the City of Sanford shall
adhere to a Code of Ethics to be established by Ordinance.
Mr. Stewart moved to approve Section 8.03. Seconded by Mr. Davis
and carried by a vote of the Committee as follows:
Stephen H. Coover
James Davis
Ed Blacksheare
Jason Brodeur
Dorothea Fogle
Otto Garrett
Robert Kinney
Chris McLeod
Dennis Stewart
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
J
There was discussion of proposed renumbering for Section 8.04 as
follows:
Section 8.04. Severability.
If any provision of this charter or portion of a provision is held invalid, the other provisions of
the charter shall not be affected thereby. If the application of the charter, or any of its
provisions, to any person or circumstance is held invalid, the application of the charter and its
provisions to other persons or circumstances shall not be affected thereby.
-..
Mr. Blacksheare moved to approve Section 8.04 as amended.
Seconded by Mr. Stewart and carried by a vote of the Committee as
follows:
jt
...
24
Stephen H. Coover Aye
James Davis Aye
,.... Ed Blacksheare Aye
-- Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Aye
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 9.02 as follows:
(a) Transfer of powers. If a city department, office or agency is abolished by this charter, the
powers and duties given it by law shall be transferred to the city department, office or agency
designated in this charter, or, if the charter makes no provision, as designated by the city
commission.
Mr. Brodeur moved to approve Section 9.02 as amended. Seconded
by Mr. Stewart and carried by a vote of the Committee as follows:
-
Stephen H. Coover Aye
- James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Aye
Mr. Coover stated the City Attorney's office will have to make
changes to Sections 9.05, Transitional schedule and Section 9.06, Effective
date.
There was discussion of proposed language approved by the Public
Officials Subcommittee for Section 10.1 as follows:
,...
(a) It is recognized that that man-made or natural disasters may kill or incapacitate one or
more public officials. In such an event, the following order of succession shall be
implemented to provide a continuity of legal authority and responsibility to prevent a vacuum
in the city's elective and appointive leadership.
...
CRC 07/26/07
25
(b) The order of succession in an emergency shall be: Mayor, Vice-Mayor, the senior
commissioner as designated by time of service in office, the city manager, fire chief, police
chief, public works director, finance director, personnel director and then the secondary 1
management of the above departments in successive order.,
....,
(c) The primary duty of an officer holding authority under an emergency succession shall be
to reestablish public order and provide for a legal succession of elected and appointed
officials as rapidly as is possible under municipal and state laws.
Mr. Kinney moved to table Section 10.1. Seconded by Mr. Brodeur
and carried by a vote of the Committee as follows:
Stephen H. Coover Aye
James Davis Aye
Ed Blacksheare Aye
Jason Brodeur Aye
Dorothea Fogle Aye
Otto Garrett Aye
Robert Kinney Aye
Chris Mcleod Aye
Dennis Stewart Aye
Mr. Coover requested the Jim Poulalion, Finance Director, be present
at the next meeting to be held on Thursday, August 9, 2007, after the public
hearing.
J
Adjournment
The meeting was adjourned at 9:41 PM.
~
CHAIRMAN
Attest:
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