MINUTES OF

CHARTER COMMISSION MEETING

APRIL 10, 2001

 

The meeting of the Charter Commission was called to order by Jack Myers, Vice Chairman of the County Commission at 3:35 p.m. at the Administration Building, 4^th floor conference room, Bartow, Florida.    

Commissioner Myers thanked everyone, on behalf of him and the Board of County Commissioners, for filling these positions and taking the responsibility and the willingness to serve the people of Polk County.  Commissioner Myers had everyone introduce themselves: Carl Strang, Dan Costello, Greg Masters, Chris McLaughlin, Alice Hunt, Artis Dukes, Doris Moore-Bailey, Cynthia Price, Karolyn Nunnallee, Jim Allen and George Lindsey.  Introduced at a later time was Bob Gernertt and Pat Stoer.  

 Mark Carpanini, County Attorney, stated you are the Polk County Charter Review Commission.  The Commission was, according to the terms of the Charter, to have been appointed and constituted by July 1, 2001 and here you are.  As you know every eighth year thereafter this County will go through essentially the same process that we are going through now.  The Charter Review Commission consists of 13 members, 3 appointed by the Chairman of the Board of County Commissioners; each other member of the Board of County Commissioners appointed two members; and the Constitutional Officers appointed 2 members.  For whatever reason anyone of you are unable to complete your task or charge on the Charter Review Commission the submission of the elected official will appoint your replacement.  The expenses of the Charter Review Commission are absorbed by the Polk County Board of County Commissioners, that is another provision that is in the Charter.  Timelines: within one year of the first meeting, the Charter Review Commission will be responsible to present to the Board of County Commissioners, its recommendations if there are any revisions or amendments to the Charter.  Once the Board of County Commissioners receives those recommendations they will schedule a referendum of the people on the proposed Charter concurrent with the next General Election.  Another feature is that immediately prior to the transmittal of your recommendations to the Board of County Commissioners, you are required by the Charter to conduct three advertised and noticed public hearings on the Charter and the purpose of that is to give everyone that is interested, an opportunity to comment on your proposals and perhaps convince you to change your mind about it, in any event, those are the general frame work and parameters of the Charter Review Commission.  It will be up to you today to elect your officers and you can elect whatever officers you choose; it is not set forth in the Charter itself.  Mark also reviewed the Sunshine Laws and the Public Records Laws with the members.   

 George Lindsey asked, if the clock starts one (1) year from today?  Mark Carpanini responded yes, today.  Mr. Lindsey also asked within that year we make recommendations to the Board of County Commissioners and that=s when that document is presented, then the pubic hearing process starts?  Mr. Carpanini, answered no, immediately before, immediately before transmittal.  So within the year the document is finished and then the public hearings start and then the transmittal?  Mr. Carpanini responded that is correct. 

 Mr. Lindsey asked is there any officer/director liability protection of this commission?  Mr. Carpanini stated he doesn=t think we have an insurance policy that covers this Commission or any other Commission of the Board of County Commissioners, there is essentially  extremely limited liability in connection with any member of this commission.  Certainly you don=t have anything to be concerned about if you comply with the rules I=ve talked about.

Carl Strang stated there was an explicit expression of support from the Board of County Commissioners to protect the Charter Commission in the lawful exercise of its duty last time with the Charter Commission?  Mr. Carpanini responded, he did not recall and would research it.   

Mr. Lindsey stated by necessity of discharge and responsibility we will be receiving documents at our businesses and/or our homes, which are public documents.  But that doesn=t provide a threat to anything else in our domain?  Mr. Carpanini stated no.

Greg Masters stated that originally, just to clear up the issue of the three pubic hearings, what happened originally with the Charter Committee, we had three public hearings and took public input at the end, and came up with the best document.  We had to leave time for public input and make any adjustments if needed and get the document to the Commission on time.   Dan Costello asked Mr. Carpanini, how do you interpret that?  Not less than ten working days in between hearings or not less than ten calendar days?  Mr. Carpanini stated 10 calendar days.

 Doris Moore Bailey asked, in terms of our own notes that are taken at the meetings those are public records as well?  Mr. Carpanini stated that he would check into it. 

Mr. Carpanini stated that it is his understanding that Diane Pannebaker, Jim Keene=s secretary,  will provide staff support until the Commission is up and running with their own secretary.  Mr. Keene stated yes, and that is an issue once the Commission has been organized with your officers, you will need to discuss how you will get the work done and how you will staff it out.  The obligation of the Commission at that point is to fund the effort and in the meantime Diane will be at the meetings and will do the minutes or someone in place of her, but someone will be at the meetings to take minutes until you have a staff person. Mr. Keene stated another issue is, office space that will be provided to you, a post office box, as well as a phone. 

Mr. Keene stated the last Charter Commission felt it best not to have an office in the Administration Building and that he would keep that in mind again. 

Commissioner Myers stated he felt like they were at a point in the meeting where they could take nominations for Chairperson.   Carl Strang nominated George Lindsey for Chairman, Mr. Lindsey, respectfully declined, but in turn nominated Daniel Costello, there was a second, Commissioner Costello accepted, there being no discussion, all were in favor and the motion carried.  Mr. Costello thanked everyone for his or her vote of confidence.    Doris Moore-Bailey made a motion to elect Greg Masters as the Vice Chairman, George Lindsey seconded the motion, and all were in favor, the motion carried.  

The Committee discussed Rules of Order; a motion was made by Mr. Masters to accept Roberts Rules of Order for the procedures in running the meetings of the Commission. Mr. Gernertt seconded the motion; all were in favor, with no discussion, the motion carried.

Carl Strang made a motion to authorize the Chairman to make arrangements for office space and a staff  assistant to the Commission.   Doris Moore-Bailey seconded the motion, with no further discussion; all were in favor, the motion carried.

The Committee discussed meeting dates, times and frequency, a motion was made by George Lindsey to meet the 2^nd and 4^th  Tuesday of each month at 6:00 p.m., the motion was seconded by Carl Strang, all were in favor with no discussion, the motion carried.  The next meeting will be April 24^th @ 6:00 PM.

Mr. Lindsey stated rather than waiting until ratification, he asked that the Committee go ahead and give the Chairman authority to call Ms. Dottie Wadell to see if she would be available to work as the Secretary again for this Commission and ask if the same pay was acceptable to her.  A motion was made by Mr. Lindsey to authorize the Chairman to hire a staff person, Mr. Costello stated that he would call Ms. Wadell to see if she=s available to work, Greg Masters seconded the motion, with no discussion, all were in favor, the motion carried.   

Mark Carpanini stated that Mr. Keene is coordinating office space for the Committee and that the Chairman could coordinate that effort with Mr. Keene.  

George Lindsey stated that he felt like the Committee should ask the County Attorney staff to solicit Requests for Proposals ( RFP) for attorney=s to represent them in this engagement?   Mr. Carpanini stated, if the Committee asked him to do that what he would do in doing that is to go back and use the RFP that was published by the last Charter Commission.  Doris Moore-Bailey made a motion to proceed in advertisement for an Attorney and a Consultant to the Commission, Mr. Lindsey seconded the motion, with further discussion, and all were in favor, the motion carried. 

Mr. Costello raised a question regarding the agenda, rules by the prior Commission, Mr. Masters said it was voted to begin with a Pledge of Allegiance and an Invocation (Rule #5 in the previous Charter=s Rules).  Mr. Costello asked everyone to take a copy and everyone could review and give their input at the next meeting; he also stated that he would place the item on the next Agenda.