MINUTES
OF
CHARTER
COMMISSION MEETING
The
meeting of the Polk County Charter Review Commission was called to order by Dan
Costello, Chairman @ 6:00 p.m., at the Bartow Civic Center, Teen Room. Mr.
Costello asked that Artis Dukes lead in the Pledge of Allegiance.
Chairman
Costello asked the recording secretary to take role: Alice Hunt, Doris
Moore-Bailey, Karolyn Nunnallee, Carl Strang, George Lindsey, Jim Allen, Cynthia
Price, Bob Gernert, Artis Dukes, Pat Stoer, Chris McLaughlin, Dan Costello and
Greg Masters, all members were present.
The
Minutes of April 10, 2001 were approved, with the correction of Dewey Smith's
name which was misspelled. Bob Gernert made a motion to
approve the minutes, Doris Moore-Bailey seconded the motion, all were in favor,
the motion carried.
Chairman
Costello gave the following report to the Commission on the assignments that
were given to him at the last meeting.
Chairman
Costello reported that he interviewed four candidates from two different
temporary agencies and selected Cynthia Swearengin as the Executive Assistant.
Chairman Costello stated that Ms. Swearengin has a tremendous amount of
experience with a group like ours. Ms. Swearengin was the Executive
Assistant to the Executive Director of the Richmond International Airport
(formerly Byrd Airport). She is a client of Kelly Services. Kelly
Services was the company that also provided Dottie Waddell; however, Ms. Waddell
was not available.
Mr.
Costello asked for a motion to retain Ms. Swearengin as the Commission's
Executive Assistant, Carl Strang made the motion to employ Cynthia Swearengin as
the Executive Assistant, Karolyn Nunnallee seconded the motion.
There was no further discussion; all were in favor, the motion carried.
A
motion was made by George Lindsey to employ Cynthia Swearengin and to pay Kelly
Services $19.29 per hour, for her services (Kelly Services will pay Ms.
Swearengin $14.00 per hour). Commissioner Gernert seconded the motion. There was
no further discussion, all were in favor, the motion carried.
Chairman
Costello stated we have located office space at the old Polk General Hospital at
2155 Marshall Edwards Avenue (map provided – Attachment #1). Mr.
Costello stated there are two large offices with a small entry room for the
public. One office is suitable for the Executive Assistant and the other
for the Consultant, or for the Commissioners that need to come in and have space
to work. There is a conference room up the corridor, with a long table.
It would not be suitable for public meetings, but it would be good for small
meetings or committee meetings. There is also in the building, some
distance from the office location, a very, very large meeting room that is the
size of the C & C Bank meeting room. It might serve as an alternative
site in case C & C Bank is not available. The offices are being
painted and carpeted and will be ready for occupancy on Monday, April 30th.
Chairman
Costello stated that office equipment will be provided by the county - including
a couple of computers, a copier, two phone lines not connected through the Polk
County switchboard and also a fax line. The voice numbers are: 519-8513,
519-8514 and the fax number is 534-5595.
Chairman
Costello stated that he has been working with Bernie Filippi, the County's Web
Master, to establish a web site. The Charter's address is: polkcharter.com.
He also showed a printout of information on the web site that the last Charter
Commission used (Attachment #2). Chairman Costello asked the Commissioners
what their preference was with respect to their names or pictures, or the
communities or the districts they represent? There being no objections,
the Commissioners names and the communities they represent will be posted on the
web site.
Commissioner
Gernert asked if Commissioners could be contacted via the website?
Chairman Costello said that capability would be available.
Commissioner
Strang stated that if the Web Master has the capability, it might prove helpful
to setup a bulletin board where questions or comments can be posted.
Chairman Costello stated with no objection, he'll arrange for that.
Chairman
Costello stated he will have the members' names printed on the Commission's
stationery.
Commissioner
Price asked that her name be changed from Cynthia to Cindy, to avoid
confusion with her name and another Cynthia. The Chairman said that this
would be done.
Chairman
Costello reported on the subject of transcribing of meetings. Chairman
Costello provided a copy of the information he had researched (Attachment #3),
and explained the three options: stenographic transcribing; videotaping; or
audiotaping. A motion was made by Commissioner Greg Masters to choose the
least expensive, audiotaping. Commissioner Jim Allen seconded the motion -
after further discussion, all were in favor, the motion carried.
Chairman
Costello reported on the advertisement for Attorney and Consultant - the
advertisement has been done and the deadline for receipt of applicants for both
the Attorney and Consultant is, May 14, 2001. Chairman Costello appointed
a Committee of five (5) individuals to screen those applications and to provide
a limited number for the Committee to interview.
Chairman
Costello expressed the hope that the Committee could screen the individuals in
time to invite the selected individuals to the May 22nd meeting. The
Commission could interview those individuals at that meeting and make a
decision.
Chairman
Costello appointed the following individuals: Carl Strang, Chairman; Doris
Moore-Bailey; George Lindsey; Cindy Price; and Chris McLaughlin. The
meeting will need to be noticed. Chairman Costello stated if it's okay
with Commissioner Strang, he would like Mark Carpanini to sit in on the
meetings, as a non-voting official. Mr. Strang stated that would be good.
The committee will screen the candidates and provide up to three attorneys and
three consultants for Commission interview.
Chairman
Costello stated the final item to report on is the liability issue that was
brought up at the last meeting. Mark Carpanini, County Attorney researched
the information, which he placed in memo form to Commissioner McLaughlin
Chairman Costello asked Mr. Carpanini if he would like to respond to the issue.
Mr. Carpanini stated the point is covered under Chapters 768 Florida Statutes,
specifically Section 768.28, and explained the statutes (covered in the memo -
Attachment #4).
The
Committee discussed the Adoption of Rules for the operation of the Charter
Commission, using as a basis the By-Laws of the original Polk County Charter
Commission. Commissioner Lindsey made a motion to adopt
the 18 By-Laws, with the deletion of reference to the term "Alternate",
which is no longer applicable. Commissioner Masters seconded the motion;
further discussion took place centered on the changes needed in the numbers of
votes due to the fact that the rules used by the original Charter Commission
were based on 15 members, whereas the charter review commission rules should be
based on 13 members.
Rule
4 - Line 5, Special meetings may be called by the Chairman of the Commission, or
by any eight (8) members of the...., this number should be changed to seven
(7).
Rule
10: Section I - line 8 - Change "eight" to "seven"
Rule
10: Section IB - line 4 - Change "eight" to "seven"
Rule
11 - Delete last sentence - "Alternate members shall not participate in the
discussions or the deliberations of the Charter Commission but may present
testimony, argument, or other evidence to the Charter Commission as may any
other citizen."
Commissioner
Masters made a motion to amend Commissioner Lindsey's motion to change the
numbers so they are consistent with the changed membership from 15 to 13
Commissioner Lindsey seconded the motion; with no further discussion, the motion
carried.
Commissioner
Strang made a motion to amend the amendment to change the following: Rule 10:
Section I - line 4 - Change "five" to "four".
Commissioner Nunnallee seconded the motion, with no further discussion, the
motion carried.
Commissioner
McLaughlin made a motion to amend the main motion to change Rule 8 - Line 4, Add
"or Constitutional Officer" after the term County Commissioner.
Commissioner Strang seconded the motion, with no further discussion, the motion
carried.
The
Commission discussed the meeting times and locations: the May 22nd meeting will
take place in the county Administration Building, Room 407, Commissioners’
Conference Room (Multi-Purpose Room was not available). The December 11th
meeting will be canceled because of its proximity to Christmas.
Commissioner Lindsey made a motion to approve the revised schedule.
Commissioner Allen seconded the motion. There was no further discussion and the
motion carried.
At
6:55 p.m., the Commission took a 10-minute recess.
On
reconvening at 7:05 p.m., the Commission returned to Commissioner Lindsey's
earlier motion on the subject of the By-Laws. There was no further
discussion and the motion, as amended through motions by Commissioners Masters,
Strang and McLaughlin, was unanimously approved.
The
Commission discussed the list of participants invited to speak to the Commission
– suggestions were made to add the Home Rule Charter Study Committee,
Republican, Democrat and Libertarian Political Parties and currently functioning
community visioning groups.
Commissioner
Gernert asked for clarification on the time limit applicable to invited
participants. Commissioner Gernert read an e-mail he had sent to
Commissioners regarding this subject (the e-mail in memo form is Attachment #5).
Discussion followed. Commissioner Lindsey moved the adoption of Commissioner
Gernert's suggestion in his memo, but with the time changed from 30 minutes to
20 minutes, Commissioner Gernert seconded the motion.
Commissioner
Nunnallee stated she is very interested in what people have to say because that's
what we're here for, but expressed a concern that a 30-minute presentation would
absorb a tremendous amount of time, and groups should be able to make their
presentations in less time.
Commissioner
Costello stated under the Rules the Commission approved this evening, there are
two classes of speakers, one is invited, and the other is public.
Rule 8 limits public speakers to five minutes and gives the chair authority to
extend the time for unusual reasons. The Rules establish no limits for
Invitees.
Carl
Strang made a motion to postpone this item for discussion until the next
meeting. Commissioner Moore-Bailey seconded the motion. Chairman Costello
asked for a role call on the motion: Alice Hunt - not present: Doris
Moore-Bailey - Aye; Karolyn Nunnallee - Aye; Carl Strang - Aye; George Lindsey -
Aye; Jim Allen - Aye; Cindy Price - Aye; Bob Gernert - Aye; Artis Dukes - Aye;
Pat Stoer - Aye; Chris McLaughlin - Aye; Dan Costello - Aye; Greg Masters, Aye,
the motion carried.
Chairman
Costello asked if anyone from the audience would like to speak to the
Commission:
Dewey
Smith from Lakeland, Chairman of the Home Rule Charter, read a letter that he
had prepared (Attachment #6).
Commissioner
Costello asked if anyone else wished to speak to the Commission. No
additional speakers came forward.
Commissioner
Stoer stated that she will not be able to attend the next meeting on May 8th
because she will be out of town.
There being no further business, Chairman Costello adjourned the meeting at 7:45 p.m.
Respectfully
submitted,
Diane
Pannebaker