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Orange County Charter Review Commission Final Report

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Orange County Charter Review Commission Final Report CHAIR CAMILLE EVANS NIKKI MIMS VICE CHAIR JAMES R. AUFFANT SAMUEL VILCHEZ SANTIAGO RUSSELL DRAKE MARIE SORAYA SMITH JACK DOUGLAS LEE STEINHAUER JOHN E. FAUTH EUGENE STOCCARDO MATTHEW KLEIN ANTHONY (TONY) SUAREZ ANGELA MELVIN DOTTI WYNN JEFFREY A. MILLER ORANGE COUNTY 2020 CHARTER REVIEW COMMISSION FINAL REPORT THE FINAL REPORT OF THE ORANGE COUNTY 2020 CHARTER REVIEW COMMISSION PROPOSING TO AMEND THE ORANGE COUNTY CHARTER TO: PROHIBIT POLLUTION OF THE WEKIVA AND ECONLOCKHATCHEE RIVERS AND ALL OTHER WATERS OF ORANGE COUNTY; PROTECT SPLIT OAK FOREST BY RESTRICTING BOARD OF COUNTY COMMISSIONERS’ AMENDMENT OF RESTRICTIONS AND COVENANTS; AND SUSPEND TIME FOR GATHERING PETITION SIGNATURES DURING THE MANDATORY REVIEWS AND SETTING DEADLINE FOR 1% NOTIFICATION UNDER SECTION 602.E. OF THE ORANGE COUNTY CHARTER. Table of Contents SECTION I - INTRODUCTION __________________________ - 3 - A. The Authority of the Charter Review Commission. _____________________- 3 - B. The Members of the 2020 CRC. _____________________________________- 3 - C. Public Meetings and Work Performed by the 2020 CRC. ________________- 4 - SECTION II – SUMMARY OF CRC PROCESS _____________ - 5 - SECTION III – SUMMARY OF CRC PUBLIC MEETINGS AND PUBLIC HEARINGS _________________________________ - 8 - SECTION IV – AMENDMENTS APPROVED BY THE 2020 CRC TO BE PLACED ON THE 2020 GENERAL ELECTION BALLOT _________________________________________________- 21 - QUESTION #1 _____________________________________________________ - 21 - QUESTION #2 _____________________________________________________ - 25 - QUESTION #3 _____________________________________________________ - 29 - Spanish Translation of Ballot Questions_______________________________ - 32 - SECTION V – FINAL ACTION ON ACCEPTED EVALUATION TOPICS __________________________________________ - 34 - - 2 - SECTION I - INTRODUCTION This final report of the Orange County 2020 Charter Review Commission (the “2020 CRC” or “CRC”) contains a statement of the CRC’s authority, identifies the members of the 2020 CRC, summarizes the process and work performed, discusses the various evaluation topics considered by the CRC, and incudes the CRC’s evaluation of those topics as well as the text of the three (3) proposed Charter amendments proposed by the 2020 CRC. The final report also includes a proposed draft set of bylaws for future Charter Review Commissions to consider. A. The Authority of the Charter Review Commission. The 2020 CRC is an independent commission, created pursuant to Section 702 of the Orange County Charter. It is comprised of fifteen (15) Orange County electors appointed by the County Mayor and individual members of the Board of County Commissioners (the “BCC” or the “Board”).The CRC is authorized to conduct a comprehensive study of all phases of county government and to place any proposed amendments or revisions to the Charter on the ballot for consideration during the general election without Board approval. B. The Members of the 2020 CRC. The original fifteen (15) members of the 2020 CRC were appointed by the Board of County Commissioners, pursuant to the January 15, 2019 Orange County Resolution No. 2019-M-01, as follows: James Auffant Matthew Klein Marie Soraya Smith (Commissioner Gomez-Cordero) (Commissioner Moore) (Commissioner Uribe) Russell Drake Carmen Torres Raleigh (“Lee”) Steinhauer (Commissioner Siplin) (Mayor Demings) (Commissioner VanderLey) Jack Douglas Jeffrey A. Miller Eugene Stoccardo (Commissioner Moore) (Mayor Demings) (Commissioner Bonilla) Camille M. Evans Skinner Louis Anthony Suarez (Commissioner (Commissioner VanderLey) (Commissioner Siplin) Gomez-Cordero) Samuel DeJesus Vilchez John Fauth Dotti Wynn Santiago (Commissioner Bonilla) (Mayor Demings) (Commissioner Uribe) On February 25, 2019, the CRC elected Member Camille Evans as Chair and - 3 - Member Carmen Torres as Vice-Chair of the 2020 CRC. Following the resignation of Skinner Louis, on March 12, 2019, the Board of County Commissioners approved Nikki Mims’ appointment to the 2020 CRC. Following Carmen Torres’ resignation on September 9, 2019, the Board of County Commissioners approved Angela Melvin’s appointment to the 2020 CRC on October 22, 2019. Member James R. Auffant was elected Vice-Chair of the 2020 CRC on October 2, 2019. C. Public Meetings and Work Performed by the 2020 CRC. The work of the 2020 CRC was divided between thirteen (13) in-person public meetings and five (5) public meetings conducted via approved communications media technology by the full CRC through June 3, 2020. Six (6) in-person meetings of the CRC were public hearings held in each of the six commission districts. Additionally, thirty-nine (39) public meetings were held by various subcommittees and a workgroup established by the full CRC to study and make recommendations on specific evaluation topics assigned to them. Nine (9) other sunshine meetings were held between the chair of the CRC and the vice chair, the chair of the CRC and chairs of the various subcommittees, and between two or more members of the CRC. Due to the outbreak of COVID-19, state and local emergency executive orders were entered requiring non-essential workers to stay home and prohibiting gatherings of 10 or more people. In addition, the Governor’s Executive Orders Nos. 52, 69, 91 and 114, declaring a state of emergency, suspended the in-person quorum requirements of the Sunshine Law and permitted virtual public meetings through approved communications media technology. Accordingly, the 2020 CRC conducted its final full CRC meetings and subcommittee and workgroup sessions through approved communications media technology. Such meetings were appropriately noticed to the public and full public participation was achieved at each meeting and session. The 2020 CRC conducted a comprehensive review of the Charter, including reports from prior CRCs, and received testimony, documents, and reports from county officials, staff, representatives of various political and community organizations, other interested parties, and the public regarding potential evaluation topics. Ultimately, the 2020 CRC voted to place three (3) prospective charter amendments on the ballot for consideration by Orange County voters in November of 2020. The CRC also voted to include proposed draft bylaws in an appendix to this final report for potential adoption by future Charter Review Commissions and a resolution to the Orange County Board of County Commissioners - 4 - requesting postponement of any actions with respect to Split Oak Forest prior to the November 2020 election. All information, materials and/or documents provided to the 2020 CRC, including a listing of all potential evaluation topics may be located on the Orange County Comptroller’s website as of the date of this report. See https://www.occompt.com/clerk-of-the-bcc/charter-2020/. SECTION II – SUMMARY OF CRC PROCESS Section 702(B) of the Orange County Charter permits the CRC to place proposed amendments and revisions of the Charter on the ballot at general elections no later than the last day for qualifying for election to county office under general law – June 12, 2020. To do so, pursuant to Section 702(B) of the Orange County Charter, the CRC is required to prepare a final report, including therein a financial impact statement prepared by the Orange County Comptroller’s Office regarding the estimated increase or decrease in any revenues or costs to the county, local governments within the county or to the citizens resulting from the proposed amendments or revisions. Id. The Charter further requires the CRC to hold no less than four (4) public hearings prior to presenting proposed Charter revisions and amendments to the public, to create and elect appropriate officers as it deems necessary for the orderly conduct of its duties, and for the BCC to defray any reasonable expenses of the CRC. The members of the CRC are not compensated for their work. Neither the Charter nor Resolution 2019-M-01, which established the 2020 CRC, contain explicit protocols or procedures governing how the CRC is to conduct its business. Though the CRC has generally followed Roberts Rules of Order (“ROR”), there is no mandatory procedure for conducting the CRC’s business. Therefore, the CRC utilized ROR as a basic guide in conducting orderly meetings and votes on potential evaluation topics and motions before the CRC. The 2020 CRC also followed the Evaluation Process for Potential Topics for Consideration (the “Evaluation Process”), established by Chair Evans, which is attached hereto in Appendix C. When a proposed topic was presented to the CRC by a seconded motion, the CRC first voted on whether to establish the topic for formal evaluation. If the motion carried, the CRC then voted on whether to consider the topic through the entire CRC or through referral to a subcommittee for further evaluation and recommendation to the CRC. 2020 CRC subcommittees consisted of five (5) members, one of whom was appointed as chair. Each - 5 - subcommittee and subcommittee chair was appointed by the 2020 CRC Chair with the exception of the Split Oak Forest Subcommittee, which was appointed by Vice Chair Auffant. For those topics referred to a subcommittee, on November 6, 2019, and as revised on November 25, 2019 and February 5, 2020, the CRC adopted Subcommittee Work Product Guidelines (the “Guidelines”), which, along with the Evaluation Process, are also attached hereto as Appendix C. With respect to public comment during subcommittee meetings, the Guidelines require each subcommittee to provide
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