11/09/1988 (2)
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CHARTER
REVIEW .
. ,COMMITTEE.
MINUTES
Date
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, CHARTER REVIEW COMMITTEE MINUTES
November 9, 1988
The Charter Review Committee met at City Hall on Wednesday, November 9,
1988, at 6z31 P.M. with the following members presentz
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John Tsacrios, Vice-Chairman
Ron Crawford
Joanne Faruggia
Marinn Justice
Carol Nielsen
Vie Spoto
Jackie Tobin
Absentz
Trish Muscarella, Chairman
Mary Lou Dobbs
,Roy May
Also present:
I:)
Cynthia E. Goudeau, City Clerk
Minutes of October 26. 1988.
There being no corrections noted to the minutes they were approved
unanimously.
Review of Chan~es To Date.
The Board reviewed the recommendations they have approved thus far in the
Committee's activities.
Finalize Article II.
The Vice-Chairman recommended that, as three of the members were absent,
that finalizing the Board's recommendations regarding Article 11 and review of
Article V (Item 4) be continued until the next meeting.
Jackie Tobin moved to continue review of Item 3 finalizing Article II and
Item 4, Article V, until the meeting of November 16, 198B. The'motion was
duly seconded and carried unanimously.
Article VI - Initiative. Referendum. and Recall.
Section 6.0SCc) - Affidavit of the CirCUlator Questions were raised
regarding the circulator having to file an affidavit regarding the number of
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signatures on petition paper. It was explained that the affidavit verifies
the number of signatures on the petition and would not allow additional
signatures at a later date.
Discussion ensued regarding the wording of Section 6.07(4). There were
concerns that the language is not clear.
Ron Crawford moved to amend Section 6.07(4) to read Ktabulation of the
ballots cast by the qualified voters of the City on the ordinance has been
certified.~ The motion was duly seconded and carried unanimously.
Section 6.08 - Action on Petitions - The City Clerk requested that an
amendment be considered to subparagraph (b) submission to voters as the
current maximum 120 days in which to hold an election regarding an initiative
or a petition does not give enough time to meet the county's requirements for
preparation for an election.
Jackie Tobin moved to amend the first sentence of Section 6.08(b) to
read "the vote of the City on a proposed or referred ordinance shall be held
not less than 90 days and no later than 150 days from the date that the
petition was determined sufficient. The motion was duly seconded and carried
unanimously. .
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Discussion ensued regarding Section 6.0B{e) and concerns were expressed
that after a petition had been circulated and signed by the required number of
people that it was not warranted that four members of the petitioners.
committee could withdraw the petition 15 days prior to the scheduled vote.
Discussion ensued regarding this concern. with it being stated. that if
four members of the originating committee were to withdraw their support the
issue would probably not pass. Concerns were expressed regarding the
expenditures that would have been made by the City up to the point of 15 days
prior to the election and whether or not 15 days should be expanded. No
action was taken.
Section 6.09 - Results of the Election - Discussion ensued regarding the
wording of Sections A and B and whether or not it was too lengthy and the need
to be consistent using Kvoters~ throughout the Charter instead of ~electors.~
Jackie moved to amend Section 6.09(a) to amend the first sentence to read
nif a majority of the qualified voters vote in favor of the initiative, it
shall be considered adopted upon certification of the election results and
shall be treated in all respects in the same manner as an ordinance of the
same kind adopted by the Commission." The motion was duly seconded and
carried unanimously.
Joanne Faruggia moved to amend Section 6.09(b) to read ~if a majority of
the qualified voters vote against the referred ordinance, it shall be
considered repealed upon certification of the election results.~ The motion
was duly seconded and carried unantmously.
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Article VII - General Provisions.
Section 7.01(a) Charter Amendments. (a) Initiation bv Ordinance -
Discussion ensued, regarding whether or not the committee had determined to use
the verbage "qualified voters" throughout the document, and a suggestion was
made that the Committee consider going back and in the beginning of the
Charter designate the verbage defining a qualified voter. This will be
considered at a later time.
A suggestion was made that the first three words of the fifth line were
unnecessary.
Vic Spoto moved to amend Section 7.01(a) by deleting the words "of the
electors" at the beginning of the fifth line. The motion was duly seconded
and carried unanimously.
Section 7.01Cb) - Initiation bv petition - Further discusison ensued
regarding the verbage "qualified voters" and it was determined it would be
discussed later.
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The City Clerk requested that consideration be given to changing the time
frames required for submission to the voters as set out in subsection (2).
Current requirements require that votes on Charter amendments be held not less
than 60 days or not more thon 90 days after certification of th~ petition.
Jackie Tobin moved to amend Section 7.01(b) as follows:
In subsection (1), insert the word "qualified" prior to "voters" in the
first line.
In subsection (2), delete the words "to a vote of the electors" in the
second line and to change the "60 to 90 day" requirement to "90 to 150 days."
Discussion ensued regarding whether or not 150 days would be too long for
consideration of Charter amendments. On the vote being taken, the motion
carried unanimously.
Section 7.02 - Charter Review Advisorv Committee - The City Clerk had
submitted a recommendation that consideration be given to reducing the number
of members required on the Charter ~eview Committee. Currently, the Charter
calls for ten members and the Clerk indicated it has been difficult to
coordinate the schedules of ten individuals.
Discussion ensued regarding the difficulties caused by a large committee
versus the need for as much input as possible regarding Charter issues. It
was the consensus of the Committee to consider the alternatives regarding this
issue and to make a determination at a later date.
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Settin~ A~enda for Next Meetin~.
The Vice-Chairman suggested that the agenda for the next meeting be to
return to the two deferred articles. Article II and Article V and to finalize
those recommendations, to complete discussion regarding Section 7.02 - Charter
Review Advisory Committee, and to complete review of Articles VIII. IX. and X.
This would complete the initial review of the Charter. The Committee,would
then cancel the meeting for Thanksgiving week. The City Clerk would provide a
complete compilation of the Committee's recommendations to the Committee and
this would be discussed at the final meeting of November allowing the
Committee to make its presentation to the City Commission the first of
December. Consensus of the Commdttee was this was an appropriate agenda for
the next meeting.
The meeting adjourned at 7=45 P.M.
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Chairman
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ATTEST:
City Clerk
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