06/22/1994 (2)
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CHARTER
REVIEW
COMMITTEE
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MINUTES '
Date' e,. ~a
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Charter Review committee
June 22, 1994
The Charter Review Committee met at City Hall on Wednesday,
June 22, 1994, at 7:05 p.m. with the following members present:
Gerald Figurski, Chairman
Jerry Lancaster, Vice-Chairman
Anne Garris
Kenneth Hamilton
Al Lijewski
Curlee Rivers
Tony Salmon
Karen Seel (arrived 7:21 p.m.)
Les Smout
Absent:
Joe Evich
"Also present:
Mary K. Diana, Assistant City Clerk
The Chairman called the meeting of the Charter Review
Committee (CRC) to order.
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Approval of Minutes
Member Salmon moved that the minutes of May 19, 1994 be
approved as submitted. The motion was duly seconded and carried
unanimously.
Member Salmon moved that the minutes of May 24, 1994 be
approved as submitted. The motion was duly seconded 'and carried
unanimously.
Member Hamilton moved that the minutes of May 31, 1994 be
approved as submitted. The motion was duly seconded and carried
.un~nimously.
Regarding the minutes of June 1, 1994, Member Salmon requested
that on page 2, paragraph 3, the words tlor refunding" be added
after the words nor a judicial decisionu. Member Figurski noted
the words npascoll on page 1 and lIindepth" on page, 5 were
misspelled. Member Salmon moved that the minutes of June 1, 1994,
be approved as amended. The motion was duly seconded and carried
unanimously.
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Member Salmon moved that the minutes of June 8, 1994 be
approved as submitted. The motion was duly seconded and carried
unanimously.
MINCH622.94
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June 22, 1994
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Old Business
Discussion ensued in regard to the resign to run law and it
was indicated one only has to resign if the terms would run
concurrently with each other. It was felt the election laws in
regard to this issue are somewhat confusing.
It was noted a resignation must be submitted at least 10 days
prior to the first day of qualifying for the office sought;
however, is not effective until the date the officer would take
office, if elected; or the date the officer's successor is required
to take office. It is felt the purpose of this law is to allow the
vacancy to be filled at that election.
Concern was expressed state law and the city's ordinance
regarding this issue could be interpreted differently.
An opinion was expressed if an elected official is going to
run for a different jurisdiction, the filing of a resignation
should begin so the official can give full attention to
campaigning.
Member Seel arrived at this time.
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Concern was expressed there have been problems in the past
with the commission finding a replacement.
Member Garris moved that Section 2.06(c) remain unchanged.
The motion was. duly seconded and carried unanimously.
Bond Limitation re non-ad valorem revenues.
Reference was made to the proposed $22 million public
services/police facility building. Concern was expressed the
commission could sidestep the referendum requirement by obtaining
money from non-ad valorem sources. The Chairman read suggested
language for Article IX. Fiscal management procedure.
Discussion ensued in regard to the suggested language covering
non-ad valorem sources. A question was raised if this issue is
already covered under this article, and it was felt it was not.
Concern was expressed by using up non-ad valorem revenues a
possibility of an increase in ad valorem taxes exists.
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A statement was made when the Committee decided to go to a
referendum limitation of $20 million, it was with the idea the
bonds would be true revenue bonds and self-sustaining.
There was discussion regarding the funding of the proposed
municipal services/police facility building and the types of
revenue that comprise the general fund. It was indicated the ad
MINCH622.94
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June 22, 1994
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valorem portion of the general fund comprises only about 40% of the
fund.
A question was raised if the city has $11 million in surplus
funds, should it be able to spend it on a building if they want or
should there be some restriction. It was felt the city should be
able to; however, if it is above $20 million, it should go to
referendum. Concern was expressed in spending $22 million to build
a city hall without going to referendum. It was noted the $22
million is being spent on a municipal services/police facility
building.
Concern was expressed 'in funding the revenue bond issues out
of the non-ad valorem portion of the general fund and it was felt
this should have citizen approval.
Member Garris moved that the city shall not enter into any
contract for, or otherwise undertake the acquisition and/or
construction of, any capital project that cost more than $20
million the payment, for which is proposed to be made from any
revenues derived by the city from any source without prior approval
for the qualified electors of the city at a referendum held in
accordance with law.
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Discussion ensued in regard to the $20 million referendum
limitation. A statement was made if the city has the money
available for a $10 million capital project, it should go ahead
with it. It was noted the city's surplus fund is supposed to be
maintained at 10%.
A statement was made it is incredible that those who opposed
the Sun Bank Building deal are supporting the $22 million project.
There was no second to the motion on the floor.
Member Salmon moved that Article IX be amended as follow3:
Bonds, notes and other forms of indebtedness secured by ad valorem
taxation; or by a mortgage on city owned property; or by revenue
bonds issued against the non-ad valorem portion of the general
fund; or by revenue bonds for projects in excess of 20 million
dollars (except revenue bonds for projects mandated by federal or
state law or a judicial decision or for refunding), may be issued
only after the same have been approved by vote of the electors of
the city at referendum in accordance with the laws of the State of
Florida.
In response to a question, Member Salmon said use of non-ad
valorem funds should go to referendum no matter the amount.
It was noted water and sewer revenues are part of the non-ad
valorem portion. Concern was expressed regarding the legal effect
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June 22, 1994
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of the motion.
Attorney.
The Chairman recommended review by the City
Discussion ensued regarding funds outside the general fund
which are not funded by ad valorem revenues.
The Chairman asked if the intent of the Committee is that any
revenue bond that is issued and backed by the non-ad valorem
portion of the general fund should automatically go to referendum
no matter the amount. Concern was expressed in going to referendum
every time the City wants to do a project. It was believed this
would' not happen often. A comment was made the $22 million
municipal services/police facility building should have gone to
referendum.
Member Lancaster said he agreed with the motion on the floor
if approved by the City Attorney.
Discussion ensued in regard to changes in the punctuation of
the motion.
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A question was raised if there is a significant amount in the
surplus fund, should the City go to referendum before it is used.
The majority consensus was to go to referendum.
Discussion continued in regard to addressing in the motion on
the floor the acquisition and/or construction of capital projects
up to a certain amount.
The motion on the floor was restated as follows:
Member Salmon moved to amend Article IX, second sentence as
follows: uBonds, notes and other forms of indebtedness secured by
ad valorem taxation, or by a mortgage on City owned property, or by
revenue bonds, issued against the non-ad valorem portion of City
revenues,' or by revenue bonds for projects in excess of $20 million
except revenue bonds for projects mandated by federal or state law,
or a judicial decision, or for refunding; or any contract or
undertaking for the acquisition and/or construction of any capital
project that costs more than $10 million, the payment for which is
proposed to be made from non-ad valorem taxes, and shall be issued
only after the same has been approved by vote of the electors of
the City at referendum in accordance with the laws of the State of
Florida. II The motion was duly seconded.
Concern was expressed the language "city revenues" is too
broad and the motion regarding revenue bonds may be redundant.
Discussion ensued regarding reformatting the motion for
clarification.
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The motion on the floor was withdrawn.
MINCH622.94
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June 22, 1994
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Member Garris moved that Article IX, Fiscal management
procedure be amended to read as follows:
Section 9.01
The fiscal management procedure shall include provisions
relating to the operating budget,."
Section 9.02
Bonds, notes and other forms of indebtedness may be issued
only after the same have been approved by vote of the electors of
the city at referendum conducted in accordance with the laws of the
State of Florida, in the followina instances:
~ Secured by ad valorem taxationt
1Ql Secured by a mortgage on city owned oroperty:
lQl Secured by revenue bonds for projects in excess of $5
million exceot any revenue bonds for oroiects mandated by
federal or state law, a judicial decision, or refunding,
may be issued only after the same have been aporoved by
vote of the electors of the city at referendum conducted
in accordance with the laws of the State of Florida.
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Section 9.03
The City shall not enter into any contract for, or otherwise
undertake the acauisition and/or construction of, any capital
oro;ect that costs more than $10 million, the payment of which is
proposed to be made from any revenues derived by the city from
sources other than ad valorem taxation, without prior approval by
the qualified electors of the city at a referendum held in
accordance with law.
S~ch ordin~nce Dhall in addition cont~in ~ proviDion requiring
that revenue bondo for projecto in exceOD of one million doll~rs
ahall be put to public referendum with the exception of revenue
bonds for public health, oo.fety or induotrial development and
revenue bondo for refunding.
The motion was duly seconded and carried unanimously.
A question was raised regarding the City selling property to
the Community Redevelopment Agency as concern had been expressed in
circumventing the charter. It was indicated considerable
discussion had taken place regarding this issue and the majority
consensus of the Committee had been not to address it.
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At this time the Committee reviewed their proposed changes to
the charter.
MINCH622.94
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June 22, 1994
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Member Hamilton moved to amend page 3, subsection 2., as
follows: "~-t-i!+ All purchases in excess of $10,000.00 shall be
awarded to the lowest responsive and responsible bidder, selected
after receiving sealed, competitive bids from no less than three
qualified vendors whenever practical: provided. however. that such
purchases that are in excess of $25.000 shall be awarded bv the
commission. No contract or purchase which is subj ect to the
requirements imposed by this paragraph may be split or otherwise
awarded in a cumulative manner. The motion was duly seconded and
carried unanimously.
Member Salmon moved to amend section 2.01{d) Limitations as
follows (heading added and paragraphs renumbered) :
(d) Limitations. The legislative power provided herein shall
have the following limitations:
1.~The total indebtedness...
2.~AlI purchases in excess of $10,000.00...
3.~The commission when purchasing...
4.~Non-capitalized and non-emerqency expenditures...
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~45+With the exception of maintenance or emergency...
6.~Real property.
121 SurpluD property. Prior to the sale~
:L.-t:t+Right-of-lolay easements. No right-of-way...
8.~No municipal or other public real property...
The motion was duly seconded and carried unanimously.
Member Salmon moved to amend the previous amendment in Section
2.01 (d) (6) (c) on page 4 to read as follows: (c) Surplus real
property sold to a non-qovernmental individual or entity is to be
sold at the hiqhest competitive bid above the appraised value.
The motion was duly seconded and carried unanimously.
Member Salmon moved to approve the above amendments. The
motion was duly seconded and carried unanimously.
Member Salmon moved to amend Section 2.07(c) by changing the
heading "Filling of vacancies" to l1Vacancy in commissioner's seat. 11
The motion ,was duly seconded and carried unanimously.
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Consensus of the Committee was to change the word "office" to
I1seat" on page 9, Section 2.07{d).
MINCH622.94
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June 22, 1994
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Member Smout moved to approve the above amendments.
motion was duly se.conded and carried unanimously.
The
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Member Salmon pointed out the word "annually" was omitted from
Section 3.03(h) after the words "of the city, ".
Member Garris moved that on page 17, Section 4.06, first and
last paragraph, change the words II may II to I1shall." The motion was
duly seconded and upon the vote being taken, Member Garris,
Lancaster, Lij ewski, Rivers, Salmon, Seel, Smout, and Figurski
voted "aye;11 Member Hamilton voted I1nay.lI Motion carried.
Member Salmon noted on page 19, Section 6.0s(d), the word
"completedl1 was to be added to the first sentence before
"referendum petitionsl1 and not in the title.
Member Garris noted a misspelled word on page 25, Section
8.06. The word I1then" before the words "end ofn should be changed
to I1the."
Member Salmon moved that on page 26, Section 10. OS (a) be
amended to read: (a) Effective date. Article VIII of this charter
relating to nomination and election of city officials shall take
effect immediately upon passage of this charter at referendum.
Term limits as specified in Section 2.03 shall not be retroactive
and shall become effective for each respective seat on the date of
~ the next election for that seat. The motion was duly seconded and
~ carried unanimously.
Chairman Figurski indicated he would be preparing a report for
the Commission of the recommended changes. It was noted a
recommendation would be made for commission salaries and for
consideration of the letter from Mr. Dallman regarding daytime
Commission meetings.
Member Hamilton moved to approve the
recommended by the Charter Review Committee.
seconded and carried unanimously.
charter changes as
The motion was duly
The meeting adjourned at 8:51 p.m.
Chairman
Attest:
Assistant City Clerk
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MINCH622.94
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June 22, 1994