CITY OF PARKLAND FLORIDA

Transcription

1 CITY OF PARKLAND FLORIDA COMMISSION PACKET SPECIAL CITY COMMISSION MEETING May 24, 6:30 PM Michael Udine....Mayor Mark Weissman...Vice Mayor Jared Moskowitz... Commissioner David Rosenof...Commissioner John Willis Commissioner Caryn Gardner-Young... City Manager Sandra Couzzo...City Clerk Andrew Maurodis...City Attorney

2 GENERAL RULES AND PROCEDURES CITY OF PARKLAND CITY COMMISSION MEETINGS WHO MAY SPEAK Meetings of the City Commission are open to the public. They are not however, public forums. Any resident who wishes to address the Commission, on any subject within the scope of the Commission s authority, may do so providing it is accomplished in an orderly manner and in accordance with any procedures outlined below: A. SPEAKING ON ITEMS ON THE AGENDA 1. CONSENT AGENDA ITEMS: These are items which the Commission does not need to discuss individually and which are voted on as a group. Any Commission member who wishes to discuss any individual item on the consent agenda may request the Mayor to pull such items from the consent agenda. These items pulled will be discussed and voted upon individually. 2. REGULAR AGENDA ITEMS: These are items which the Commission will discuss individually in the order listed on the agenda. After the Commission has discussed an item on the agenda, the Mayor will close Commission discussion and may inquire as to whether any citizen wishes to be heard on the matter. B. SPEAKING ON SUBJECTS NOT ON THE AGENDA Any resident may address the Commission on any item not on the agenda during public input. ADDRESSING THE CITY COMMISSION, MANNER, TIME Individuals will be limited to three minutes speaking time. All comments or questions of the public are to be directed to the Mayor as presiding officer only. There shall be no cross conversations or questions of any other persons. Citizens wishing to be heard shall raise their hands until acknowledged by the Mayor. Once acknowledged, those citizens shall come forward and state their name and address. Anyone wishing to speak a second time on the same subject must receive permission from the Mayor. DECORUM In order to adjourn a City Commission meeting, it must be voted on by the Commissioners.

3 AGENDA SPECIAL PARKLAND CITY COMMISSION MEETING MAY 24, :30 P.M. I PLEDGE OF ALLEGIANCE CALL TO ORDER ROLL CALL II PURPOSE: 1. ORDINANCE NO : CHARTER AMENDMENTS COMMENTS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, CALLING FOR A REFERENDUM ELECTION ON CHARTER AMENDMENTS AMENDING SECTIONS 4.06 REGARDING THE PROCEDURE TO BE EMPLOYED IN FILLING CITY COMMISSION VACANCIES AND SECTION 3.02 REGARDING THE PROCEDURE FOR REDISTRICTING, SAID ELECTION TO BE HELD ON NOVEMBER 6, 2012, AS PART OF THE GENERAL ELECTION; SETTING FORTH THE CHARTER AMENDMENTS IN FULL AND BALLOT QUESTIONS FOR EACH PROPOSED AMENDMENT, PROVIDING THAT THE PROPOSED AMENDMENTS CONTAINED IN THIS ORDINANCE BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF PARKLAND, FLORIDA ON NOVEMBER 6, 2012; THE ISSUES SHALL BE PRESENTED AS SEPARATE BALLOT QUESTIONS AS SET FORTH IN THIS ORDINANCE; SHOULD A MAJORITY OF THE ELECTORS VOTING ON ANY BALLOT QUESTION VOTE TO APPROVE A BALLOT QUESTION, THEN THE CHARTER AMENDMENT AS REFERRED TO IN SAID BALLOT QUESTION AND

4 SPECIAL CITY COMMISSION MEETING CHARTER AMENDMENTS MAY 24, 2012 Page 2 of 2 AMENDMENT AS SET FORTH IN FULL IN THIS ORDINANCE SHALL BECOME PART OF THE CHARTER OF THE CITY OF PARKLAND AND THE CHARTER SHALL BE AMENDED ACCORDINGLY; AUTHORIZING THE CITY CLERK AND THE SUPERVISOR OF ELECTIONS TO TAKE ALL NECESSARY ACTIONS TO PLACE THE BALLOT QUESTIONS AND THE CHARTER AMENDMENT, AS SET FORTH HEREIN, ON THE BALLOT FOR NOVEMBER 6, 2012; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: MOTION ON THE DECISION OF THE COMMISSION III ADJOURNMENT NOTICE PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTERS CONSIDERED AT SUCH HEARING OR MEETING HE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HE WILL NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (FLORIDA STATUTE ) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITY ACT AND FLORIDA STATUTE , PERSONS WITH DISABILITIES NEED SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY CLERK NO LATER THAN THREE (3) DAYS PRIOR TO THE MEETING AT (954) FOR ASSISTANCE.

5 AGENDA ITEM #1: CHARTER MEMO TO THE COMMISSION

6 LAW OFFICES OF ANDREW S. MAURODIS, P.L. 710 East Hillsboro Boulevard, Suite 200 Deerfield Beach, FL Telephone (954) Facsimile (954) M E M O R A N D U M TO: FROM: City Commission Andrew S. Maurodis, City Attorney DATE: May 21, 2012 RE: Charter Amendments Attached is the ordinance which contains the two Charter amendments authorized at last weeks meeting. As you can see it contains the ballot language with the required 15 word title and 75 word ballot summary. It provides for the referendum to occur in conjunction with November 6, 2012 general election. VACANCIES SECTION 4.06 Per the commissions direction, this proposed change was to follow two directives 1. An appointment within 90 days; 2. An election at the next City Commission election (held in November of even numbered years); and In seeking to implement that intent, I used the existing provisions of the Charter relating to vacancies except where a change was required based upon your direction. This means that the conditions which create a vacancy, the conditions of forfeiture of office, the methods for filling a vacancy where the Commission is reduced to less than a quorum,

7 Caryn Gardner-Young July 13, 2011 Page 2 the method for filling a vacancy in the event all seats are vacant, and the requirement that an appointee to a vacant district seat be a resident of the district for a year prior to appointment, all remain as they were in the existing Charter or were taken from the Charter Review Board recommendation. From the Commission discussion I did not get the impression there was any opposition to clarifications with respect to clarifying conditions of vacancy and forfeiture; therefore I carried over provisions favored by the Charter Review Board on these issues. Since the issue of residency was discussed neither by the Charter Review Board or the Commission, I carried over the existing provision imposing the same residency requirement on an appointee as there is on someone seeking the seat by election. Any changes to this version must be made before second reading so the Commission must be prepared to offer andy direction at our meeting Thursday. I will make any requested changes and will make any need changes to the ballot language and title before second reading. As to the procedure for filling the vacancy, I have required an appointment within 90 days of the vacancy. The new provision would require an election to fill the vacancy at the next City Commission election which is held in November of even years. Note that if the vacancy occurs within 120 days of a regular Commission election there would be no appointment so as not to confer an unfair advantage right before the election; provided that where the seat in question is not up at that next election and there is not time to qualify candidates and get their names on the ballot for that next election in that case there would be an appointment. The reason for this is to avoid a long term vacant seat. REDISTRICTING SECTION 3.02 The changes were more of a housekeeping nature to make the provision flow better and to provide more flexibility. These changes were approved by the Commission so they appear exactly as proposed by the Charter Review Board.

8 AGENDA ITEM #2: ORDINANCE NO : CHARTER AMENDMENTS

9 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, CALLING FOR A REFERENDUM ELECTION ON CHARTER AMENDMENTS AMENDING SECTIONS 4.06 REGARDING THE PROCEDURE TO BE EMPLOYED IN FILLING CITY COMMISSION VACANCIES AND SECTION 3.02 REGARDING THE PROCEDURE FOR REDISTRICTING, SAID ELECTION TO BE HELD ON NOVEMBER 6, 2012, AS PART OF THE GENERAL ELECTION; SETTING FORTH THE CHARTER AMENDMENTS IN FULL AND BALLOT QUESTIONS FOR EACH PROPOSED AMENDMENT, PROVIDING THAT THE PROPOSED AMENDMENTS CONTAINED IN THIS ORDINANCE BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF PARKLAND, FLORIDA ON NOVEMBER 6, 2012; THE ISSUES SHALL BE PRESENTED AS SEPARATE BALLOT QUESTIONS AS SET FORTH IN THIS ORDINANCE; SHOULD A MAJORITY OF THE ELECTORS VOTING ON ANY BALLOT QUESTION VOTE TO APPROVE A BALLOT QUESTION, THEN THE CHARTER AMENDMENT AS REFERRED TO IN SAID BALLOT QUESTION AND AMENDMENT AS SET FORTH IN FULL IN THIS ORDINANCE SHALL BECOME PART OF THE CHARTER OF THE CITY OF PARKLAND AND THE CHARTER SHALL BE AMENDED ACCORDINGLY; AUTHORIZING THE CITY CLERK AND THE SUPERVISOR OF ELECTIONS TO TAKE ALL NECESSARY ACTIONS TO PLACE THE BALLOT QUESTIONS AND THE CHARTER AMENDMENT, AS SET FORTH HEREIN, ON THE BALLOT FOR NOVEMBER 6, 2012; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the requirements of Section of the Parkland City Charter the City Commission appointed a Charter Review Board to review the City Charter and make recommendations for possible changes to the City Charter; and WHEREAS, the Charter Review Board, as appointed by the Commission, held numerous meetings and submitted a report recommending amendments to the City Charter, and appeared before the City Commission on May 16, 2012; and WHEREAS, the City Commission has determined that it would be in the best interests of the citizens of the City of Parkland to provide for a referendum election on certain ballot questions which would provide for the amendment of the City Charter; said referendum to be held on November 6, 2012; and Deleted portions stuck through; added portions underlined. 1

10 WHEREAS, it is the intention of the City Commission that if a majority of the electors voting on any ballot question vote in favor of a Charter amendment at said referendum, that the Charter amendment shall become part of the City Charter and the Charter of the City shall be amended accordingly; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, AS FOLLOWS: SECTION 1. A referendum election is hereby called for November 6, 2012, for the purposes of having a vote on the various Charter amendments set forth herein. This referendum election shall be held concurrently with the general election to be held on the same day. SECTION 2. The following amendment to Section 4.06 of the City Charter on the subject of Vacancies on the City Commission is proposed for adoption through a referendum of the voters of the City of Parkland to be held on November 6, 2012: ` AMENDMENT NO Vacancies. (1) If there is an available city election scheduled to be held within one year of the Aelected official, the office shall be filled at the first scheduled available city election and the person elected shall serve the remainder of the term of the vacated office. If there is no available city election scheduled to be held within one year of the submission of a letter of resignation or the death, forfeiture or removal from office of an elected official, but there is an available county, state or national election (collectively referred to as an "alternate election") in that time period, the office shall be filled at the first scheduled available alternate election and the person elected shall serve the remainder of the term of the vacated office. If there is no scheduled available city or alternate election within one year of the submission of a letter of resignation or the death, forfeiture or removal from office of an elected official, the office shall be filled no sooner than 90 days and no later than 180 days after the submission of a letter of resignation or the death, forfeiture or removal from office of an elected official by a special election and the person elected shall serve the remainder of the term of the vacated office. An election shall be deemed available if there is sufficient time to hold a qualifying period and to provide all legally required notices, and the Supervisor of Elections acknowledges that the election can be placed on the ballot for that election. Deleted portions stuck through; added portions underlined. 2

11 (1) The office of a commissioner or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office, such forfeiture to be declared by the remaining members of the commission. (2) A commissioner or the mayor shall forfeit his/her office if he/she lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by the law. (3) a. If a vacancy occurs in the seat of the Mayor or a Commissioner, the remaining commission members shall, within 90 days of the vacancy, appoint by majority vote, a qualified person to fill the vacancy until the next regular City Commission election or the conclusion of the term for which the appointment is made, whichever occurs first; provided that, if the vacancy occurs within 120 days of the next City Commission election, the Commission shall not fill the vacancy by appointment. However, if the vacant seat is not regularly scheduled for election at the next City Commission election after the occurrence of the vacancy and there is insufficient time to provide for qualifying candidates and placing candidates on the ballot at said election in order to fill the vacancy at said election, the City Clerk shall report that fact to the City Commission in writing. In such case, the Commission shall, within 90 days of said written notice, appoint a qualified person to fill the vacancy in the manner prescribed herein and that person shall serve the remainder of the term. b. In the event the remaining commission members are deadlocked and unable to choose a successor by a majority vote within 90 days of the vacancy, then at the next regularly scheduled Commission meeting, the remaining members of the commission shall nominate persons for appointment and draw lots to determine the appointment. c. During the time there is a vacancy in the position of Mayor, the Vice Mayor shall undertake the responsibilities of and shall be vested with the authority of the position of Mayor until the position is filled as provided herein. Deleted portions stuck through; added portions underlined. 3

12 (2 4) A vacancy shall be filled by a person meeting the qualifications for the position to be filled as said qualifications are set forth in this Charter. (3 5) Notwithstanding any quorum requirements established herein, if any time the full members of the Commission is reduced to less than a quorum, the remaining members may, by majority vote, appoint members to the extent otherwise permitted or required under this subsection; if they are unable to agree upon a successor for a particular seat after two consecutive regular meetings they shall each propose a qualified person (more than one commissioner may propose the same person) and draw the successor by lot. The procedures for filling vacancies by election shall continue to be applicable and any filling of a vacancy as set forth here shall be only until the seat is filled by an election. (4 6) In the event that all members of the Commission are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor shall appoint interim Commissioners who shall call a special election within not less than 30 days or more than 60 days after such appointment. However, if there are less than six months remaining in the unexpired terms, the interim Commission appointed by the Governor shall serve out the unexpired terms. Deleted portion struck through; added portions underlined SECTION 3. In order that there may be a vote on Amendment No. 1, the City Commission does hereby place the following ballot question on the above stated Amendment to Section 4.06 before the electors of the City of Parkland on November 6, The form of the ballot shall be as follows: AMENDMENT NO. 1 FILL CITY COMMISSION VACANCIES BY APPOINTMENT UNTIL NEXT REGULAR CITY COMMISSION ELECTION PRESENTLY COMMISSION/MAYORAL VACANCIES ARE FILLED AT A SCHEDULED GENERAL ELECTION WITHIN ONE YEAR OR SPECIAL ELECTION WITHIN 180 DAYS IF THERE IS NO GENERAL ELECTION WITHIN A YEAR. DO YOU FAVOR A CHARTER AMENDMENT PROVIDING FOR FILLING THE VACANCY THROUGH CITY COMMISSION APPOINTMENT UNTIL THE NEXT SCHEDULED CITY COMMISSION ELECTION (HELD IN EVEN NUMBERED YEARS IN NOVEMBER) AND DEFINING VACANCY AND FORFEITURE OF OFFICE Deleted portions stuck through; added portions underlined. 4

13 AND CONTAINING PROCEDURES FOR APPOINTMENTS? YES [ ] NO [ ] If a majority of the registered electors voting at the referendum election on this ballot question vote in favor of the question, the Charter of the City of Parkland shall be amended as set forth above and the City Charter shall contain Section 4.06 as revised above. SECTION 4. The following amendment to Section 3.02 of the City Charter on the subject of Redistricting is proposed for adoption through a referendum of the voters of the City of Parkland to be held on November 6, 2012: AMENDMENT NO. 2 REDISTRICTING 3.02 Districts. A. At least three hundred sixty (306) twelve 12 months and not more than four hundred eighty (480) days sixteen (16) months prior to the municipal election to be held in November 2008 and at least three hundred sixty (360) twelve (12) months and not more than four hundred eight (480) days sixteen (16) months prior to the municipal general election held every four (4) years thereafter the City Commission shall by ordinance divide the City into four (4) commission districts. The districts shall be drawn as nearly as is practicable, on an equal population basis by contiguous boundaries. The districts shall be designated by numbers 1 through 4. At the commencement of the redistricting process, the City Manager shall submit to the City Commission the names of three independent consultants with experience in drawing boundaries on either the municipal, county, state or federal levers. The consultants may not be employees of the City of Parkland. The City Commission shall retain one of three consultants for the purpose of drawing commission districts. The consultant, in consultation with the City Manager of his designee, shall develop at least two redistricting plans for submission and consideration by the City Commission. At least fifteen days prior the first reading of any ordinance on redistricting Commission districts, the City Commission shall hold a workshop at which the consultant shall be present and at which the public shall have an opportunity to be heard on the proposals submitted to the City Commission for consideration. The City Commission shall make the final decision as to any redistricting mandated pursuant to this section and may either accept, reject, or modify the plans submitted to it for review. The redistricting shall be adopted by ordinance. The drawing of district boundaries pursuant to this section process shall not prevent any sitting City Commissioner (or one who fills a vacancy) from completing his/her the term of office for which he or she has been elected. Deleted portions stuck through; added portions underlined. 5

14 B. Districts shall be drawn to provide for contiguous boundaries, drawn to the extent practicable on the basis of equal population and with consideration given to such other relevant factors as permitted by law. C. By competitive process (where the City receives at least two qualified responses), the Commission shall retain the services of a consultant, versed in matters relating to redistricting, to develop alternatives and present them to the City Commission. D. The redistricting plan shall be adopted by ordinance. The Commission shall hold a public workshop on the various alternatives proposed prior to the first reading of the ordinance. The public shall be permitted to speak at the workshop. Notice of the workshop shall be placed on the City website (or comparable medium) and posted at City Hall at least 10 calendar days prior to the workshop, SECTION 5. In order that there may be a vote on Amendment No. 2, the City Commission does hereby place the following ballot question on the above stated Amendment to Section 3.02 before the electors of the City of Parkland on November 6, The form of the ballot shall be as follows: AMENDMENT NO. 2 AMEND CITY CHARTER TO PROVIDE FLEXIBILITY IN REDISTRICTING PROCESS SHALL SECTION 3.02 OF THE CHARTER BE AMENDED BY REVISING THE PROCESS BY WHICH COMMISSION DISTRICTS ARE DRAWN TO ALLOW MORE FLEXIBILITY IN RETAINING CONSULTANTS AND IN PRESENTING REDISTRICTING ALTERNATIVES TO THE CITY COMMISSION? YES [ ] NO [ ] If a majority of the registered electors voting at a referendum election on this ballot question vote in favor of the question, the Charter of the City of Parkland shall be amended as set forth herein and the City Charter shall contain Section 3.02 as revised above. SECTION 6. That balloting shall be conducted pursuant to the laws of the State of the State of Florida as applied by the Broward County Supervisor of Elections. All qualified City electors who are timely registered in accordance with law shall be entitled to vote. The City Clerk is authorized to obtain any necessary election administration services from the Broward Deleted portions stuck through; added portions underlined. 6

15 County Supervisor of Elections. The City Clerk and the Broward County Supervisor of Elections are each hereby authorized to take all appropriate action necessary to carry into effect and accomplish the electoral provisions of this Ordinance. This Charter Amendment election shall be canvassed by the Broward County Canvassing Board unless otherwise provided by law. SECTION 7. That notice of said special election shall be published in accordance with Section , Florida Statutes. SECTION 8. That copies of this Ordinance proposing the Charter Amendments are on file at the offices of the City Clerk located at 6600 University Drive, Parkland, Florida 33067, and are available for public inspection during regular business hours. SECTION 9. The Charter Amendments provided for herein shall become effective if the majority of the qualified electors voting on the specific Charter Amendment, as described in the ballot summaries of this Ordinance, vote for its adoption, and it shall be considered adopted and effective upon certification of the election results. Following adoption of the Charter Amendments, the City Clerk shall incorporate the adopted Charter Amendments into the City Charter and shall file the revised City Charter with the Office of the Secretary of State as required by Section , Florida Statutes. SECTION 10. That in accordance with those Charter Amendments which are adopted by the majority of the electors voting, the City Manager and City Officials having jurisdiction shall proceed to take any actions necessary to implement the revised City Charter. SECTION 11. It is the intention of the City Commission and it is hereby provided that the Charter Amendments shall become and be made a part of the Charter of the City of Parkland, Florida; that the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intention. SECTION 12. That the provisions of this Ordinance are declared to be severable and if any section, sentence or clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 13. That this Ordinance shall become effective immediately upon adoption hereof on second reading. PASSED AND ADOPTED ON FIRST READING THIS DAY OF, PASSED AND ADOPTED ON SECOND READING THIS DAY OF, Deleted portions stuck through; added portions underlined. 7

16 CITY OF PARKLAND, FLORIDA MICHAEL UDINE, MAYOR ATTEST: SANDRA COUZZO, C.M.C., CITY CLERK APPROVED AS TO FORM AND LEGALITY: ANDREWS S. MAURODIS, ESQUIRE CITY ATTORNEY PARKLAND/ORDINANCES/CHARTER AMENDMENT.BONNIE S VERSION 2SLC. May 22, 2012 Deleted portions stuck through; added portions underlined. 8

17 COMMENTS FROM CITY MANAGER

18 NO BACKUP MATERIAL PROVIDED

19 COMMENTS FROM CITY ATTORNEY

20 NO BACKUP MATERIAL PROVIDED

21 ADJOURNMENT