Fort Walton Beach Council agenda — 6-23-14--special--charter review — reading text

Agenda City of Fort Walton Beach Special Meeting of the City Council of Fort Walton Beach Monday, June 23, 2014 4: 00 PM 107 Miracle Strip Parkway Fort Walton Beach, FL 32548 1. CALL TO ORDER 4: 00 PM Meeting will be called to order on June 23, 2014 at Council Chamber, 107 Miracle Strip Parkway, Fort Walton Beach, FL. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. ACTION --DIRECTION --DISCUSSION 4. 1. 1900 Draft City Charter Review Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, CALLING FOR A REFERENDUM PROPOSING TO THE ELECTORATE OF THE CITY OF FORT WALTON BEACH THAT PORTIONS OF THE CITY CHARTER BE AMENDED, EXCEPT THAT PART THEREOF DESCRIBING THE BOUNDARIES OF THE CITY; REPLACING THE WORD " TOWN" WITH THE WORD " CITY" THROUGHOUT THE CHARTER; AMENDING SECTION 4, CHANGING HOW CITY COUNCIL SEATS WILL BE SELECTED AND ADDING RESIDENCY REQUIREMENTS FOR THE MAYOR AND CITY COUNCIL; AMENDING SECTION 4A, PROVIDING THE OFFICE OF MAYOR IS SUBJECT TO TERM LIMITS; AMENDING SECTION 5, ALLOWING THE CITY COUNCIL TO SET MEETING DATES AND TIMES VIA RESOLUTION; AMENDING SECTION 6, DELETING OBSOLETE LANGUAGE; AMENDING SECTION 53, ESTABLISHING THE FINANCE DIRECTOR AS A CHARTER OFFICER; AMENDING SECTION 60, PROVIDING THAT CITY COUNCIL SHALL SET FILING FEES FOR CANDIDATES VIA ORDINANCE; AMENDING THE NUMBERING OF SECTIONS FOR CONTINUITY; DELETING OBSOLETE LANGUAGE FROM THE CHARTER; PROVIDING FOR A REFERENDUM THEREON; REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE Synopsis: ( Executive Assistant) The City Attorney and City Manager have prepared a draft ordinance to revise the City Charter based on items discussed at the May 13, 2014 City Council Special Meeting. ATTACH N1 E \ TS: 5 - 13 - 14 Charter Review Minutes ( PDF) Page I Printed 611812014 City Council of Fort Walton Beach Special Meeting Agenda June 23, 2014 5. ADJOURNMENT Quasi -Judicial — denotes that the item must be conducted as a quasi -judicial hearing in accordance with Florida Statutes. Action —Direction —Discussion items may be acted upon by the City Council by either a motion with a vote in accordance with Robert' s Rules of Order, or by a consensus of the Council. Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ( Chapter 286. 01105, F. S.) The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 833 -9509 to make a request. For Hearing Impaired dial the City Hall TDD #850 -833- 9925 or 1- 800 -995 -8771 ( TDD) or 1- 800 -955 -8770 ( Voice). Requests must be received at. least 48 hours in advance of the meeting in order to allow the City time to provide requested service. All City of Fort Walton Beach council and board meetings are recorded. The video can be accessed at www.fwb.org. Page 2 Printed 611812014 . City Council ofFort Walton Beach  111; Ci City Council of Fort Walton. Beach CITY MANAGER MEMORANDUM To: Michael D. Beedie, City Manager From: Carole Jones, Executive Assistant Date: June 23, 2014 Subject: 1900 Draft City Charter Review Ordinance 1. BACKGROUND: I. I. The City Charter was last amended in 2009 via ordinance and included administrative revisions. 1. 2. Over the last year, City Council has shown interest in discussing numerous revisions to the City Charter for placement on the March 2015 municipal ballot. 1. 3. The first step in the Charter revision process occurred on May 13, 2014 in the form of a City Council Special Meeting. At this meeting, the Mayor and City Council Members discussed several items to revise the City Charter. 1. 3. 1. Not all of the items discussed by City Council are relevant for the City Charter. These items will be addressed via ordinance, resolution, or City Council protocol and procedures. 2. DISCUSSION: 2. 1. At the May 13, 2014 Special Meeting, the following items that would be considered Charter revisions were discussed: 2. 1. 1. Section 4 - Revising the method of election to an at -large format in which candidates would not run for specific seats; 2. 1. 2. Section 4 - Candidates for Mayor or City Council shall be a resident of the City for a minimum of six ( 6) months; 2. 1. 3. Section 4A - Term limits for the Mayor similar to the term limits already imposed on City Council Members, 2. 1. 4. Section 5 - Determining the frequency of City Council meetings via resolution; 2. 1. 5. Section 53 - Whether or not the Finance Director should be considered a Charter Officer; 2. 1. 6. Section 60 - Designating filing fees for candidates via ordinance-, 2. 1. 7. Various administrative revisions and deletion of obsolete language, including changing the word " Town" to " City" throughout the Charter; and 2. 1. 8. Designating the Mayor as a non -voting member of the City Council. 2. 2. The issue of whether the Finance Director should be a Charter Officer warrants further discussion. 2. 2. 1. In 2009, the City Attorney recommended an administrative Charter revision via ooc m: 2982 Page 1  ORDINANCE 1900 ordinance to remove the Finance Director as a Charter Officer. 2. 2. 2. Prior to 2009, the Finance Director was designated as a Charter Officer but was directly supervised by the City Manager, which does not fit the true definition of a Charter Officer, who is directly supervised by City Council. 2. 2. 3. Staff contacted the Florida League of Cities to obtain information related to the status of the Finance Director as a Charter Officer throughout the 410 municipalities in the State of Florida. The following information was received: 2. 2. 3. 1. Of the 410 Florida municipalities, only the cities of Sarasota and Tallahassee have charter officers that most cities do not have: Auditor - Clerk and City Auditor. 2. 2. 3. 2. Seven ( 7) cities have the Police Chief as a Charter Officer. 2. 2. 3. 3. 270 of the 410 Florida municipalities have a Council- Manager form of government; a true Council -Manager form of government designates the City Manager, City Attorney, and City Clerk as Charter Officers. 2. 2. 3. 4. Only 20 of the 270 municipalities with a Council- Manager form of government have an additional Charter Officer ( Auditor, Finance Director or Treasurer, or other unique positions). 2. 2. 3. 5. The City of Venice recently deleted the position of Finance Director as a Charter Officer. 2. 2. 3. 6. Both the ICMA and the Model City Charter call for only the City Manager, City Attorney, and City Clerk to be Charter Officers as the other positions within the City fall under the direction of the City Manager. 2. 2. 4. Whichever direction City Council decides to proceed with this issue will require a Charter Revision. 2. 2. 4. 1. If the Finance Director is designated as a Charter Officer, the language from the 2009 version of the Charter should be amended to remove the position from under the direct supervision of the City Manager. 2. 2. 4. 2. If the Finance Director is not designated as a Charter Officer, the language should be amended to remove the designation and placed on the March 2015 ballot for a final decision. 3. RECOMMENDATION: 3. 1. Staff respectfully recommends City Council review and discussion of the draft Ordinance No. 1900 to revise the City Charter per the items discussed at the May 13, 2014 City Council Special Meeting. 3. 2. Staff also requests City Council direction on any outstanding items related to the City Charter revision.  ORDINANCE 1900 ATTACHMENTS: 5 - 13 - 14 Charter Review Minutes PDF) SIGNATURE BLOCK: Carole Jones Completed 06/ 17/ 2014 8: 32 AM City Attorney Completed 06/ 18/ 2014 4: 36 PM Carole Jones Completed 06/ 18/ 2014 4: 37 PM City Manager Completed 06/ 18/ 2014 5: 04 PM City Council Pending Packet Pg  ORDINANCE 1900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, CALLING FOR A REFERENDUM PROPOSING TO THE ELECTORATE OF THE CITY OF FORT WALTON BEACH THAT PORTIONS OF THE CITY CHARTER BE AMENDED, EXCEPT THAT PART THEREOF DESCRIBING THE BOUNDARIES OF THE CITY; REPLACING THE WORD " TOWN" WITH THE WORD CITY" THROUGHOUT THE CHARTER; AMENDING SECTION 4, CHANGING HOW CITY COUNCIL SEATS WILL BE SELECTED AND ADDING RESIDENCY REQUIREMENTS FOR THE