Tuesday, June 9, 2015 Begins at 6:00 p.m. I. Call to Order Chair Shaughnessy. II. Pledge of Allegiance Chair Shaughnessy
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1 REVISED Agenda 2016 Charter Review Commission (CRC) Business Meeting and Public Hearing District 6 Memorial Middle School 2220 West 29 th Street Cafeteria Tuesday, June 9, 2015 Begins at 6:00 p.m. I. Call to Order Chair Shaughnessy II. Pledge of Allegiance Chair Shaughnessy III. Approval of May 14, 2015 Meeting Minutes All CRC Members IV. Budget Update Anissa Mercado V. Work Group Updates a) Constitutional Officers/Charter Officers Meeting Held May 7, Report Attached Meeting Held May 28, Verbal Report b) Initiative Petitions Meeting Held April 30, Report Attached Meeting Held May 28, 2015 Verbal Report c) CRC Issues Meeting Held June 2, 2015 Verbal Report d) Expansion of County Commission Meeting Held June 4, Verbal Report e) New Work Group Discussion BCC Meetings - Charter Sec. 106 and 209 (Added 6/3/15) Chair Nix Chair Mellen Chair Hawkins Chair J. Fernandez Chair Shaughnessy Kevin Shaughnessy, Chair Eddie Fernandez, Vice Chair Fred Brummer Maribel Gomez Cordero Gail Cosby Edward DeAguilera Pasquale Pat DiVecchio Stina D Uva Jose Fernandez Doug Gondera Walter Hawkins Matthew Klein Robert Mellen Cheryl L. Moore Mikaela Nix Wade Vose, General Counsel Anissa Mercado, Staff Assistant
2 VI. Invited Guests a) Commissioner Victoria P. Siplin b) Paul Rosenthal on Tax Collector s Office Feasibility Task Force Report c) Supervisor of Elections Bill Cowles d) Clerk of Court Tiffany Moore Russell (Added 6/4/15) VII. Public Comment Public VIII. Topics Brought Up for Consideration All CRC Members Sales Tax for the Purpose of Infrastructure Member Brummer (Added 6/3/15) PARA INFORMACIÓN EN ESPAÑOL, FAVOR DE COMUNICARSE CON LA OFICINA DE CHARTER REVIEW COMMISSION AL In accordance with the Americans with Disabilities Act (ADA), if any person with a disability as defined by the ADA needs special accommodation to participate in this proceeding, then not later than two business days prior to the proceeding, he or she should contact the Orange County Communications Division at (407) Kevin Shaughnessy, Chair Eddie Fernandez, Vice Chair Fred Brummer Maribel Gomez Cordero Gail Cosby Edward DeAguilera Pasquale Pat DiVecchio Stina D Uva Jose Fernandez Doug Gondera Walter Hawkins Matthew Klein Robert Mellen Cheryl L. Moore Mikaela Nix Wade Vose, General Counsel Anissa Mercado, Staff Assistant
3 May 14, 2015 page 1 of 5 ORANGE COUNTY CHARTER REVIEW COMMISSION (CRC) MEETING Date: Thursday, May 14, 2015 Location: Englewood Neighborhood Center, 6123 La Costa Drive, Orlando, Florida Members Present: Frederick Brummer, Edward DeAguilera, Pat DiVecchio, Eddie Fernandez, Doug Gondera, Walter Hawkins, Robert Mellen, Mikaela Nix; Maribel Gomez Cordero, Jose Fernandez and Matthew Klein joined the meeting where indicated Members Absent: Others Present: Board Member: CALL TO ORDER, 6:03 p.m. PLEDGE OF ALLEGIANCE WELCOME Gail Cosby, Stina D'Uva, Cheryl Moore, Kevin Shaughnessy Chief Deputy Comptroller Margaret A. McGarrity, Assistant County Attorney Katherine Latorre, CRC General Counsel Wade Vose, CRC Administrative Assistant Anissa Mercado, Deputy Clerk Katie Smith, Senior Minutes Coordinator Craig Stopyra Commissioner Pete Clarke Commissioner Clarke welcomed the CRC members and attendees to the first Charter Review Commission Public Hearing in District 3. INTRODUCTION OF THE CRC MEMBERS Vice Chair E. Fernandez asked each of the CRC members to introduce themselves, and share something about themselves with the audience. APPROVAL OF MINUTES Motion/Second: Absent: Mr. Brummer/Mr. Hawkins Ms. Gomez Cordero, Ms. Cosby, Ms. D'Uva, Mr. J. Fernandez, Mr. Klein, Ms. Moore, Mr. Shaughnessy AYE (voice vote): All present members Action: The CRC approved the minutes of the April 9, 2015, meeting.
4 May 14, 2015 page 2 of 5 BUDGET UPDATE Ms. Mercado presented an update of the CRC budget. CONSTITUTIONAL OFFICER/CHARTER OFFICER WORK GROUP UPDATE Chair Nix presented an update on the Constitutional Officer/Charter Officer Work Group. She indicated that General Counsel Vose presented the work group with an overview on the roles of Florida Constitutional Officers/Charter Officers, and a general review of Section 703 of the Orange County Charter. Chair Nix stated that County Comptroller Martha Haynie and the Director of Comptroller Audit were invited to address the work group during its next meeting scheduled for May 28, CRC ISSUES WORK GROUP UPDATE Chair Hawkins stated that the work group had not yet met officially; however he presented to the CRC a list of topics that the work group will consider during its organizational work group meeting: - Citizen Initiative Petitions - Frequency of CRC Cycles - Creation of 2 or more Commission Districts - Elimination of some Constitutional Offices - Return the County Commission to partisan elections - Schedule BCC Public Hearings to occur at least once a month at 6 p.m. - Assignment of a Public Advocate Attorney INITIATIVE PETITIONS WORK GROUP UPDATE Chair Mellen presented an update on the Initiative Petitions Work Group. He stated that General Counsel Wade Vose made a presentation based on the Florida Association of Counties chart of Florida s 20 County Charters to understand where Orange County stands now and how it compares to the other 19 charters. The work group developed a list of issues which included the issues discussed and identified at the April 9 CRC meeting. Orange County Supervisor of Elections Bill Cowles, along with members of the general public, addressed their issues to the work group. Chair Mellen announced the next meeting of the work group will be held on May 28, 2015, at 4 p.m.
5 May 14, 2015 page 3 of 5 GENERAL COUNSEL UPDATE General Counsel Vose presented an update regarding the two memorandums included in the CRC meeting packet. The first memorandum pertains to a Survey of County Charter Initiative Petition Provisions among the twenty Florida Charter Counties. The information expressed in the memorandum will be discussed in more depth during the Initiative Petitions Work Group. General Counsel Vose directed the CRC members to Exhibit D, attached to the Survey Memorandum, which provides the percentage requirements for both ordinances by initiative and Charter amendments by initiative for each of the twenty Charter Counties. MEMBER JOINED: Mr. Klein General Counsel Vose explained the other memorandum provides information on the single subject rule applicability to County Charters. The memorandum has an analysis of twenty Charter Counties and their potential implementation of single subject rules. ANNOUCEMENT Vice Chair E. Fernandez thanked members of the general public for coming to the first of six public hearings, which will be held in each Orange County Commission District. He indicated the CRC wishes to hear from the general public regarding suggestions, recommendations, or changes to the Charter and encouraged the public to submit their recommendations in writing and to staff at charter2016@occompt.com. MEMBER JOINED: Ms. Gomez Cordero OFFICIAL RECOGNIZED: Orange County Comptroller Martha Haynie INVITED SPEAKERS - ELECTED OFFICIALS Commissioner Clarke presented the following issues for CRC consideration relating to District 3: - Pine Castle Preservation District - Expansion of 2 more Commission Districts - Protection of rural enclaves rather than rural settlements Discussion ensued. Orange County Comptroller Martha Haynie addressed the CRC and presented the CRC a copy of the Citizens Annual Financial Report for the year ended September 30, She also presented to the CRC a copy of a memorandum submitted to Orange County Mayor Jacobs and the Board of County Commissioners, which expressed the importance of the County Comptroller's Office remaining as an independent office.
6 May 14, 2015 page 4 of 5 County Comptroller Haynie also addressed the following issues: - Frequency of CRC cycles - Constitutional Offices becoming Charter Offices - Term limits for Constitutional Officers MEMBER JOINED: Mr. J. Fernandez Discussion ensued. PUBLIC COMMENT The following persons addressed the CRC for public comment: - Nelson Betancourt - Judy Martin - Susan Perry - Chadwick Hardee - Cynthia Ellenberg - Trini Quiroz - June Schumann - Todd Catella - Orange County Comptroller Martha Haynie TOPICS/AREAS OF INTEREST Mr. Brummer requested the CRC consider the following issues: - Constitutional Officers - Implementation of an additional sales tax for the purpose of infrastructure Vice Chair E. Fernandez suggested the tax issue regarding additional sales tax for the purpose of infrastructure be further evaluated by the entire CRC Commission. Vice Chair E. Fernandez recommended that the memorandum provided by Orange County Commissioner S. Scott Boyd to the CRC regarding term limits for Constitutional Officers be considered by the Constitutional/Charter Officers Work Group. Chair Nix agreed to review the issue in the work group. Mr. DiVecchio joined the CRC Issues Work Group. Vice Chair E. Fernandez announced the current members of the work group as follows: Mr. Hawkins as Chair, Ms. Moore, Ms. Gomez Cordero, Mr. DiVecchio, and Mr. Shaughnessy.
7 May 14, 2015 page 5 of 5 Ms. Nix requested input from CRC members regarding a Citizen Initiatives Board to review the Orange County Sheriff's Office. Discussion ensued. General Counsel Vose contributed to the discussion. Mr. J. Fernandez requested information pertaining to the expansion of the County commission. Vice Chair E. Fernandez indicated that this topic is being considered by the CRC Issues Work Group; however, other work groups can be created should CRC members choose to evaluate a topic independently. Discussion ensued. Motion/Second: Mr. J. Fernandez/Mr. DeAguilera Absent: Ms. Cosby, Ms. D'Uva, Ms. Moore, Mr. Shaughnessy AYE (voice vote): All present members Action: The CRC set up work group to review the topic of expansion of the County commission. Mr. DeAguilera, Mr. DiVecchio, Mr. J. Fernandez, Ms. Gomez Cordero and Mr. E. Fernandez volunteered to serve on the Expansion of County Commission Work Group. Mr. J. Fernandez will serve as Chair of the work group. ADJOURNMENT Motion/Second: Mr. Gondera/Ms. Nix Absent: Ms. Cosby, Ms. D'Uva, Ms. Moore, Mr. Shaughnessy AYE (voice vote): All present members Action: There being no further business, the CRC adjourned the meeting at 7:34 p.m. Kevin Shaughnessy, Chair 2016 Charter Review Commission
8 -*/2016 ORANGE COUNTY CHARTER REVIEW COMMISSION (CRC) Work Group Summary Report Constitutional/Charter Officers Work Group May 7, 2016 Comptroller s 4 th Floor Conference Room 3:00 4:24 p.m. Work Group Members: Chair Mikaela Nix Maribel Gomez-Cordero Edward DeAguilera Pat DiVecchio Eddie Fernandez Doug Gondera Jose Fernandez The first Constitutional Officers/Charter Officers Work Group met to identify any issues with section 703 of the charter. Charter Attorney Wade Vose made a presentation on the legal background so the members could become familiar with the roles of a Constitutional Officer and a Charter Officer. Preliminary Topics Discussed Term limits for elected officials The Florida Clerks and Comptrollers Association chart on term limits Violations in single subject requirements Abolishing or adding offices Method of election of Officers BCC Authority over County Officers Florida Association of Counties comparison chart of Florida s 20 County Charters section on elected Constitutional Officers The Orange County Tax Collector s Task Force Feasibility Report The Telli vs. Broward County case Citizen Review Board Power over Circuit Court Officers Orange County Comptroller transparency issues, oversight, and audits
9 Action Plan After the discussion, it was suggested that all suggested topics and related material be brought to the next meeting for the members to discuss further, except for the Orange County Tax Collector s Task Force Feasibility Report, which would be addressed at a subsequent meeting of the workgroup. The next scheduled Constitutional Officers/Charter Officers Work Group meeting will be held on May 28, 2015, at 2:30 p.m.
10 2016 ORANGE COUNTY CHARTER REVIEW COMMISSION (CRC) Work Group Summary Report Initiative Petitions Work Group April 30, 2016 Comptrollers 4 th Floor Conference Room 4:00 5:07 p.m. Work Group Members: Chair Robert Mellon Frederick Brummer Maribel Gomez-Cordero Gail Cosby Stina D'Uva Eddie Fernandez Matthew Klein The organizational meeting of the Initiative Petition Work Group was held to identify the issues and address any questions. Charter Attorney Wade Vose made a presentation based on the Florida Association of Counties chart of Florida s 20 County Charters to understand where Orange County stands now and how it compares to the other 19 charters. Preliminary Topics Discussed The percentage of initiative petitions in each district required to be collected in order to get a topic onto the ballot Instituting a requirement for single subject matter for initiative petitions Charters with a legal review process for initiative petitions Affidavits concerning petition gatherers witnessing signatures The voting threshold for approving initiative petitions at the ballot Comparing larger cities initiative petition processes with Orange County Signature requirements 75 word limit on charter amendment/ordinance by initiative The impact of outside influences on the petition process Restrictions on submitting proposals that have not been approved Procedures for withdrawing petitions (there is no formal mechanism presently) Consider bifurcating the process for paid and unpaid petitions Reducing the days allowed for the entire process rather than merely the time period for submitting petitions Kevin Shaughnessy, Chair Eddie Fernandez, Vice Chair Fred Brummer Maribel Gomez Cordero Gail Cosby Edward DeAguilera Pasquale Pat DiVecchio Stina D Uva Jose Fernandez Doug Gondera Walter Hawkins Matthew Klein Robert Mellen Cheryl L. Moore Mikaela Nix Wade Vose, General Counsel Anissa Mercado, Staff Assistant
11 Moving the qualifying deadline for petitions The vetting of proposals Action Plan After the discussion, it was suggested that the topics be brought to the next meeting and, if there was not enough support for discussion, the issue should be dropped and the Work Group would then move on to the next topic and eventually prioritize the issues. The next scheduled Initiative Petitions Work Group meeting will be held on May 28, 2015, at 4:00 p.m. Kevin Shaughnessy, Chair Eddie Fernandez, Vice Chair Fred Brummer Maribel Gomez Cordero Gail Cosby Edward DeAguilera Pasquale Pat DiVecchio Stina D Uva Jose Fernandez Doug Gondera Walter Hawkins Matthew Klein Robert Mellen Cheryl L. Moore Mikaela Nix Wade Vose, General Counsel Anissa Mercado, Staff Assistant
12 Orange County 2016 Charter Review Commission Topics Brought Up for Consideration Updated 6/2/15 Date Presented Presented by Topic(s) 3/12/2015 Doug Head 1) Initiative and Referendum/Procedure for Initiative and Referendum/Limitation; any expectations for the public to prepare ballot initiative language are unreasonable. (Chair addressed the speaker.) 2) Conflict of County Ordinances with Municipal Ordinances; Preemption; Intergovernmental Coordination/Conflicts between Orange County Government and Orange County School Board regarding School Siting Ordinance. 3) Initiative and Referendum/Procedure for Initiative and Referendum/Limitation; Any issue that tends to limit the capacity of minorities is unacceptable. 3/12/2015 Trini Quiroz Security of the Citizens; Public Advocacy - what are the rights of the people? 3/12/2015 Nelson Betancourt 1) Security of the Citizens & Meetings; regarding limitations on public comment, allow public comment for up to 5 minutes 2) Charter Review Commission; Citizen Involvement - what issues can citizens bring to the CRC? Charter Section(s) Impacted Work Group Addressing Topic (s) 1) Sec ) Initiative Petitions 2) Sec ) CRC Issues 3) Sec ) Initiative Petitions 1) Sec ) CRC Issues 1) Sec. 106 & 209 1) CRC Issues 2) Sec ) CRC Issues Page 1 of 6
13 Orange County 2016 Charter Review Commission Topics Brought Up for Consideration Updated 6/2/15 Date Presented by Presented 4/9/2015 Mayor Bruhn Chair, Orange County Council of Mayors 4/9/2015 Trini Quiroz Chair, The Black-Latino & P.R. Alliance for Justice 4/9/2015 Scott Randolph Orange County Tax Collector Topic(s) 1) Charter Review Commission; CRC every 4 years is too frequent; suggest 10 years. 2) CRC ballot questions and Initiatives and referendum; There needs to be a waiting period before amendments can be voted on again. 3) Procedure for Initiative and Referendum; Provide fixed date by which petition process must be completed. 4) Procedure for Initiative and Referendum; Include a mechanism to withdraw/end a petition process. Note: Letter dated March 26, 2015, provided to CRC Commission Districts/Structure of the Board/Terms of County Commissioners; Increase the number of commission districts. Note: Letter received April 7, 2015, provided to CRC. County Officers; Importance of independence of Tax Collector s Office. Charter Section(s) Impacted 1) Sec ) Sec. 702 & 602 3) Sec ) Sec. 602 Work Group Addressing Topic (s) 1) CRC Issues 2) CRC Issues 3) Initiative Petitions 4) Initiative Petitions 1) Sec ) Expansion of Commission Districts 1) Sec ) Constitutional/Charter Offices Page 2 of 6
14 Orange County 2016 Charter Review Commission Topics Brought Up for Consideration Updated 6/2/15 Date Presented Presented by Topic(s) 4/9/2015 Linda O Keefe Initiative and Referendum/Procedure for Initiative and Referendum/Limitation; a. Need 150 day filing time b. Possible misleading language of initiative itself needs legal review c. Outside interests funding petition process d. Need transparency and financial disclosure e. Need fair representation across all districts 4/9/2015 Bill Barnette Initiative and Referendum/Procedure for Initiative and Referendum/Limitation; Object to big national groups coming into Orange County and funding their own interests; need to make it for citizens by citizens 4/9/2015 Emmett Odell 1) Charter Review Commission; CRC every 4 years 2) Initiative and Referendum/Procedure for Initiative and Referendum/Limitation; a. Do not make initiatives any more difficult b. CRC considers/vets an issue for a long time before putting on ballot 3) Board of County Commissioners; Make BCC seats full-time positions before expanding number of districts Charter Section(s) Work Group Addressing Impacted Topic (s) 1) Sec ) Initiative Petitions 1) Sec ) Initiative Petitions 1) Sec ) Sec ) Sec ) CRC Issues 2) Initiative Petitions 3) Expansion of Commission Districts Page 3 of 6
15 Orange County 2016 Charter Review Commission Topics Brought Up for Consideration Updated 6/2/15 Date Presented Presented by Topic(s) 4/9/2015 Dana Gowen Initiative and Referendum/Procedure for Initiative and Referendum/Limitation; a. Limit ballot questions to 75 words b. Changing Orange County constitution/charter should be hard c. Keep questions direct and simple 4/9/2015 Doug Head Initiative and Referendum/Procedure for Initiative and Referendum/Limitation; a. Object to constraining citizen input by making ballot initiatives any harder b. Keep ballot questions to one topic (single issue) 4/9/2015 Chadwick Hardee 1) Charter Review Commission; In favor of waiting 10 years between CRCs 2) Initiative and Referendum/Procedure for Initiative and Referendum/Limitation a. Concerned about outside groups funding ballot initiatives; b. need to include all districts in signatures; c. keep ballot questions to single issue 4/9/2015 Trini Quiroz Charter Review Commission; CRC every 10 Chair, The Black-Latino & years is too long to wait for changes P.R. Alliance for Justice 5/14/2015 Todd Catella County Officers; Term Limits - Support the concept; Self-Promotion is unacceptable Charter Section(s) Work Group Addressing Impacted Topic (s) 1) Sec ) Initiative Petitions 1) Sec ) Initiative Petitions 1) Sec ) Sec ) CRC Issues 2) Initiative Petitions 1) Sec ) CRC Issues Sec. 703 Constitutional/Charter Offices Page 4 of 6
16 Orange County 2016 Charter Review Commission Topics Brought Up for Consideration Updated 6/2/15 Date Presented Presented by Topic(s) 5/14/2015 June Schumann Voluntary Annexation; preservation of community strengthen the loophole so the small business areas are not lost and the historic neighborhood can be maintained (Pine Castle) 5/14/2015 Trini Quiroz 1) Charter Review Commission; CRC every Chair, The Black-Latino & 4 years P.R. Alliance for Justice 2) Security of the Citizens; there is a need for Public Advocates 3) Commission Districts/Structure of the Board/Terms of County Commissioners; Increase the number of commission districts. 5/14/2015 Cynthia Ellenberg Initiative and Referendum/Procedure for Initiative and Referendum/Limitation; ballot language citizens need to understand what the ballot is asking a) concerned that signatures are not collected in the majority of the districts b) interested in bifurcation citizens should know who is collecting the signatures 5/14/2015 Chadwick Hardee County Officers; Term Limits - Support the Chairman, County Watch concept 5/14/2015 Susan Perry Voluntary Annexation; preserving the community Charter Section(s) Impacted Sec. 505 Sec. 702 Sec. 106 Sec Sec Sec. 703 Sec. 505 Work Group Addressing Topic (s) CRC Issues CRC Issues CRC Issues Expansion of Commission Districts Initiative Petitions Constitutional/Charter Offices CRC Issues Page 5 of 6
17 Orange County 2016 Charter Review Commission Topics Brought Up for Consideration Updated 6/2/15 Date Charter Section(s) Work Group Addressing Presented by Topic(s) Presented Impacted Topic (s) 5/14/2015 Judy Martin Voluntary Annexation; include property Sec. 505 CRC Issues owners to be considered on the ballot for any volunteer annexation of the area all property owners get to vote on any volunteer annexation that is set before the county. 5/14/2015 Nelson Betancourt Public Banking CRC Issues Page 6 of 6
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