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HomeMy WebLinkAbout04-19-17 Minutes -./41PP ( CO Florida Charter Review Board Commission Chambers 150 N. Lakeshore Dr. Ocoee, FL 34761 April 19, 2017 MINUTES 6:30 p.m. Call to Order Chairman Hopper called the meeting to order at 6:30 p.m., in the Commission Chambers of City Hall, located at 150 N. Lakeshore Drive and further led the Pledge of Allegiance. Recording Clerk Sibbitt called roll and declared a quorum to be present. Roll Call and Determination of Quorum Present: Chairman Hopper, Vice-Chair King, Members Murray, West, and Alternate Member Bonham. Also present were Recording Clerk Sibbitt, Charter Review Commission "CRC" Facilitator Rosenthal, and Assistant City Attorney Crosby-Collier. Absent: Member Griffin and Alternate Member Grogan Guests: Finance Director Briggs and Support Services Director Butler Approval of Minutes of March 15, 2017, Meeting Motion for Approval of the March 15, 2017, Minutes: Moved by Member West, Seconded by Member Murray; Motion carried 5-0. Public Comments -None Discussion/Action Items Charter Comments from City Staff Support Services Director Butler said he has three sections of the charter that he would like to discuss. He began with Section 38 C and D (see below) and explained the issues he has had with the transfer of funds between his department and other departments that the Support Services Department assists. §C-38. -Amendments after adoption. C. Transfer of appropriations within departments. At any time during the fiscal year the City Manager or City Commission may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Charter Review Commission April 19,2017 D. Transfer of appropriations between departments. The City Commission may by ordinance transfer part or all of any unencumbered appropriation balance from one (1) department, office or agency to another. What he proposes is clarifying the meaning of the term "department", as used in the charter, to allow fund transfers between cost centers for those departments that have more than one, with the caveat that those departments that have funds that are created for operations (i.e. general fund, stormwater fund, water or wastewater fund) do not apply as those funds are dedicated resources, revenues, and expenditures for particular purposes. Support Services Director Butler answered questions asked by the Chairman clarifying the classification of funds. CRC Facilitator Rosenthal asked Mr. Butler if he could explain the organizational hierarchy of the larger departments. He further turned the Board's attention to Section C-25 of the charter which states: §C-25. - General provisions. A. Creation of departments. The City Commission may establish city departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all such departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or assigned to any other except by ordinance adopted by the City Commission. CRC Facilitator Rosenthal shared that he feels Section C-25 defines that the City Commission may establish the City departments as they wish. Support Services Director Butler confirmed that is the current practice which is presented during the budget process. CRC Facilitator Rosenthal inquired from the City Attorney if maybe the disbursement of funds is being prohibited by Finance Department as he does not feel it is the charter that is prohibiting the moving of funds between departments. Discussion ensued. CRC Facilitator Rosenthal suggested the Finance Director, Support Services Director, and City Attorney meet to look at the charter provisions and organizational chart to determine if this is a charter issue or an internal issue. If it is a charter issue, then through the City Attorney the departments could come back before the Charter Review Commission with a specific recommendation on the change. Finance Director Briggs briefly shared that a lot of the restrictions have to do with financial reporting and how they maintain the integrity of those reporting requirements. He personally does not have an issue if they put a dollar threshold. Chairman Hopper inquired if Mr. Butler's thought was to put this into the charter. Support Services Director Butler briefly explained charter verbiage amendments he had drafted a few years back regarding this issue; however, he does feel that the recommendation by CRC Facilitator Rosenthal is good and would like to meet with staff to define what type of issue this is and identify potential solutions. Brief discussion ensued. Support Services Director Butler shared that the second item he would like to discuss is Section C-20, which states: C-20. -Duties and emergency powers ofMayor. g Ythe The Mayor shall preside at all meetings of the City Commission and shall be recognized as the head of the city government for all ceremonial purposes and by the Governor of the State of Florida for the purposes of military law, civil law and service 21Page Charter Review Commission April 19,2017 of process but shall have no regular administrative duties. The Mayor shall sign all deeds, contracts, agreements, bonds, notes, obligations and other legal documents of the city. The Mayor shall prepare and present to the city an annual state of the city message in the month of January of each year in which the Mayor holds office. In time of insurrection, general conflagrations, catastrophe or great or widespread public emergency, the Mayor shall become the head of the government and shall exercise those powers delegated to the Mayor under the laws of Florida. In the absence or disability of the Mayor, the functions of the Mayor shall be discharged by the Mayor pro tern. Specifically, the section that addresses: The Mayor shall sign all deeds, contracts, agreements, bonds, notes, obligations and other legal documents of the city. Support Services Director Butler shared scenarios of situations where agreements need to be executed in correlation to purchase orders that he is able to approve. What he is proposing is that instead of the Mayor having to sign all agreements, he only signs the agreements that require City Commission approval; and further, allow those who have the authority to make purchases to also be able to sign agreements for those items that they made a financial commitment for. CRC Facilitator Rosenthal said this section of the charter goes back to a legal opinion he did a few years ago that in summary addressed the signature by the Mayor or Mayor pro tem is how you would have a legally binding agreement with the City. He further suggested that in working with the City Attorney, staff could come up with some language to determine what a legally binding document is, as they do not want to get into litigation if an agreement is executed by someone who is not at an appropriate level. Assistant City Attorney Crosby-Collier said she can look at language in other City charters to see how they are written; however, she agrees with CRC Facilitator Rosenthal that the charter does require that the Mayor shall sign all legally binding documents. Discussion ensued. CRC Facilitator Rosenthal suggests looking at other jurisdictions, but feels fine- tuning this section for efficiency could be considered. Support Services Director Butler said his last and final item for discussion is Chapter 66 A., which states: §C-66. -Establishment of Districting Commission. A. Appointment of members. The City Commission shall establish a Districting Commission after November 15, 1991, but no later than December 15, 1991, and every five (5)years thereafter (i.e., 1996, 2001, etc.) a new Districting Commission shall be appointed by the City Commission after November 15 but no later than December 15 of that year. A Districting Commission may also be appointed by the City Commission at such other times as deemed necessary by the City Commission. The Districting Commission shall consist of five (5) members who shall be appointed by majority vote of the City Commission and who shall serve on such commission for terms of one (1) year, unless such terms are extended by the City Commission. 3IPage Charter Review Commission April 19,2017 His staff is involved in supporting that process and feels the City is unique in that they have a redistricting every five (5) years. The problem is the U.S. Decennial data is collected and distributed every ten (10) years; however, the existing language in the charter requires the Districting Commission be appointed several months prior to the availability of block-level data, which is published in March in the second year after the census is taken. The current process for creating the data for the Districting Commission is estimating the population of the City, which may provide inaccuracies. What he is proposing is to have the City Commission establish a Districting Commission within six (6) months of the release of the U.S. Decennial data, which will be March of 2022. Chairman Hopper said he is a member of that board and totally agrees with Mr. Butler. Support Service Director Butler advised that what they are essentially requesting is the following change: §C-66. -Establishment of Districting Commission. A. Appointment of members. The City Commission shall establish a Districting Commission within six (6) months of the release of the U.S. Decennial data needed for the task of examining and adjusting City Commission district boundaries. after November 15, 1991, but no later than December 15, 1991, and every five (5) years thereafter (i.e., 1996, 2001, etc.) a new Districting Commission shall be appointed by . . •_ . .• . .•. . A Districting Commission may also be appointed by the City Commission at such other times as deemed necessary by the City Commission. The Districting Commission shall consist of five (5) members who shall be appointed by majority vote of the City Commission and who shall serve on such commission for terms of one (1)year, unless such terms are extended by the City Commission. Support Services Director Butler answered questions asked by the Vice-Chair who further inquired if most cities conduct their redistricting every ten (10) years. Assistant City Attorney Crosby-Collier confirmed that most cities require it every ten (10) years based off the census data released. Further explanation was provided on the process that is currently being used by the Districting Commission for which CRC Facilitator Rosenthal provided historical reasoning, as the City's previous City Attorney, on why the Commission chose a five (5) year redistricting. Assistant City Attorney Crosby-Collier shared that she has never seen a five (5) year redistricting until she came to Ocoee. CRC Facilitator Rosenthal said his suggestion is to have the City Attorney look at other City charters; and depending on what she brings back, they can delete this section in its entirety and rewrite a new section. Assistant City Attorney Crosby-Collier said there is a lot of staff costs involved in having the Districting Committee meet every five (5) years. She was further asked to research other cities and bring back information for the board to review. Finance Director Briggs shared that he is here by request of the board with regards to Section C-18 Independent Audit, which states: §C-18. -Independent audit. The City Commission shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal 4IPage Charter Review Commission April 19,2017 interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period not exceeding three (3) years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. He inquired if they have any questions they would like for him to address. Finance Director Briggs shared they do bid this every term, which is a common practice for many municipalities. Chairman Hopper shared a scenario he recalled regarding the City Commission discussing the audit firm and was not sure of the term limits. Finance Director Briggs said they have had the same firm for quite some time, and they are a reoccurring firm. This is bid out at the end of every contract term. He opined that any entity would get the best performances from a longer term contract than they would a shorter term contract. He further shared that he cannot imagine that they would not have a clause to eliminate a firm if they were not happy with them. As they are bidding this year, he can be sure that there is a clause that allows termination for cause with no necessary costs to the City. Brief discussion ensued. Finance Director Briggs advised that the City's audit is not completed until about six (6) months after the end of the year and suggested they revise that section to read as follows: §C-18. -Independent audit. The City Commission shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The City Commission may designate such accountant or firm annually or for a period not exceeding three (3) years. provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. If the state makes such an audit, the City Commission may accept it as satisfying the requirements of this section. Much of the information for the audit does not become available until about November or December. CRC Facilitator Rosenthal said he does not recall the specifics of why that verbiage was put in, but he would agree that the board should consider striking that wording as suggested by Mr. Briggs. He further advised the board that they can include this as a clean-up amendment to the charter as well as any other discrepancies that do not necessarily relate to a topic. Powers of Charter Review Commission to Recommend/Place Amendments on Ballot Assistant City Attorney Crosby-Collier shared this is the item that they had discussed at the last meeting in which the charter is inconsistent with the law such that the law requires that the City Commission present charter amendments to the voters. They have had discussions on the different options they could consider to amend the charter language, and she briefly summarized those options that were shared at the last meeting. 5IPage Charter Review Commission April 19,2017 Chairman Hopper clarified that what they are trying to determine is the verbiage they would like to present to the City Commission on allowing the Charter Review Board to take their amendments to the voters in a way that is allowed by law. Assistant City Attorney Crosby-Collier explained that the February 14th memo she had forwarded to the board included other city charters that she felt were more or less unique than the original method the City had. The intent of looking at those charters was to try and keep some of the authority with the Charter Review Commission, as the voters wanted. Discussion ensued, and it was asked that the Recording Clerk please resend the February 14th memo to the board members. CRC Facilitator Rosenthal shared the question that will be helpful to address as they review the memo, is which of the approaches in the memo would be their preference. This will allow the board to give the City Attorney some direction so she can try to put together the language that will deal with that particular amendment. He further suggested to the board that if there are topics similar to the one they are discussing and they would like to make a decision prior to the public hearing, they can keep the charter amendment drafting process somewhat fluid and moving along by bringing the charter language to the City Attorney rather than stacking them up until the end. This will help the board in meeting their timeline. Information Update - Initiative Petitions and Salary Increases for Elected Officials Assistant City Attorney Crosby-Collier shared that at their previous meeting Member West had inquired about Section C-19 A., which states: §C-19. -Initiative and referendum.[Amended 12-1-2009 by Ord. No. 2009-030117/ A. Initiative Ordinance. Any proposed ordinance may be submitted to the City Commission by a petition signed by ten (10%) of the total number of qualified registered voters of the City of Ocoee as of the last preceding municipal general election. Within six (6) weeks after filing of such petition, the City Commission may pass said ordinance, or shall call a special election to be held within ninety (90) days, at which the adoption or rejection of such ordinance shall be submitted to the qualified voters of the City. If a majority of the qualified voters voting on the proposed ordinance shall vote in favor thereof then the ordinance shall thereupon become a valid ordinance of the City. Any number of proposed ordinances may be voted upon at the same election according to the provisions of this section. The discussion with this section was in regards to what other cities are doing and what the requirement was in signatures. Below is the information that was distributed and explained by the City Attorney. City Charter Summary Provision Ocoee Sect.C-19 Initiative Ordinance.Any proposed ordinance may be submitted to the City Commission by a petition signed by ten(10%)of the total number of qualified registered voters of the City of Ocoee as of the last preceding municipal general election.Within six(6)weeks after filing of such petition,the City Commission may pass said ordinance,or shall call a special election to be held within ninety(90)days,at which the adoption or rejection of such ordinance shall be submitted to the qualified voters of the City.If a majority of the qualified voters voting on the proposed ordinance shall vote in favor thereof,then the ordinance shall thereupon become a valid ordinance of the City.Any number of proposed ordinances may be voted upon at the same election according to the provisions of this section. 6IPage Charter Review Commission April 19,2017 Other Orange County cities Apopka Sect.5.05 Ordinance to City Commission by petition signed by 25%of the number of votes cast in previous election;CC may adopt ordinance or call a special election. Maitland Sect.9.03 and Initiative and referendum petitions must be signed by qualified voters of the city equal in number 9.02 to at least fifteen per cent(15%)of the total number of qualified voters registered to vote at the last regular city election.Any five qualified voters may commence initiative or referendum proceedings by filing an affidavit with the clerk agreeing to constitute the petitioners'committee. Winter Sect.57 and 56 Initiative and citizen referendum petitions must be signed by registered voters of the city equal in Garden number to at least ten(10)percent of the total number of voters registered to vote in the city in the calendar month prior to the month in which the petition is filed.Any five registered voters of the city may commence initiative or citizen referendum proceedings by filing an affidavit with the clerk stating they will constitute the petitioner's committee. Winter Park Sect. 5.05 and Initiative and referendum petitions must be signed by qualified voters of the city equal in number 5.04 to at least ten(10)percent of the total number of qualified voters registered to vote at the last regular city election.Any five qualified voters may commence initiative or referendum proceedings by filing with the clerk or other official an affidavit stating they will constitute the petitioner's committee. Other similarly sized cities Dunedin Sect.5.09 Initiative or referendum ordinance petitions must be signed by qualified voters of the City equal in number to at least fifteen percent(15%)of the total number of qualified voters registered to vote at the last regular City election. Any five qualified voters may commence proceedings by filing an affidavit with the City Clerk stating they will serve as the petitioners'committee. Ormond Sect. Cannot find a provision for initiative or petition in the Ormond Beach Charter. Beach Oviedo Sect.3.10.02 Initiative and referendum petitions must be signed by qualified voters of the city equal in number and 3.10.01 to at least fifteen percent(15%)of the total number(of)qualified voters registered to vote at the last regular city election.Any five(5)qualified voters may commence initiative or referendum proceedings by filing with the city clerk or other official designated by the council,an affidavit stating that they will constitute the petitioners'committee. Winter Sect. 9.03 and Initiative and referendum petitions must be signed by qualified voters of this city equal in number Springs 9.02 to at least fifteen(15)per cent of the total number of qualified voters registered to vote at the last regular city election.When the registered electors of the City of Winter Springs reaches 7,000,then the percentage changes to ten(10)per cent and remains ten(10)per cent thereafter.Five qualified voters may commence initiative or referendum proceedings by filing with the clerk an affidavit stating they will constitute the petitioner's committee. Assistant City Attorney Crosby-Collier shared that her research found most cities require between 10%-15% of the total number of qualified voters registered to vote at the last regular City election for an initiative and referendum petition. What was also similar with most cities is the requirement that five (5) qualified voters may commence initiative or referendum proceedings by filing with the clerk an affidavit stating they will constitute the petitioner's committee. After a brief discussion, it was consensus to leave this section as written. Assistant City Attorney Crosby-Collier further shared that at a previous meeting Commissioner Grogan had come before the board expressing his concern in the fact that the City Commission adopt their salary by ordinance. Below is the information that was distributed and explained by the City Attorney. 7IPage Charter Review Commission April 19,2017 City Charter Summary Provision Ocoee Sect.C-16 Salary;expenses: The City Commission may determine the annual salary of the Mayor,the Mayor pro tern and the Commissioners by ordinance,but no ordinance increasing such salary shall become effective until the date of commencement of the terms of members of the City Commission elected at the next regular city election,provided that such election follows the adoption of such ordinance by at least six(6)months.Members of the City Commission shall receive their actual and necessary expense incurred in the performance of their duties of office. Other Orange County cities Apopka Sect. 2.03 Salary may be set by law or ordinance. Maitland Sect.2.02 The annual salary of city council members shall be two hundred fifty dollars($250.00)per month. The annual salary of the mayor shall be three hundred seventy-five dollars($375.00)per month.The annual salaries of city council and mayor shall increase or decrease annually based on the change in the consumer price index(all urban consumers CPI),not to exceed five(5)percent of the annual salary.Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office. Winter Sect.11 The commission may determine the annual salary of the mayor-commissioner and the Garden commissioners by ordinance,but no ordinance increasing such salary shall become effective until the date of commencement of the terms of the mayor-commissioner and/or commissioners elected at Y the next regular election,provided that such election follows the adoption of such ordinance by at least six(6)months.The mayor-commissioner and the commissioners shall receive their actual and necessary expenses incurred in the performance of their duties of office. Winter Park Sect. 2.05 The Commission may determine the annual salary of the Mayor and Commissioners by ordinance, but no ordinance increasing the salary shall have an effective date prior to March 10,2011.The Mayor and Commissioners shall receive their actual and necessary expenses incurred in the performance of their duties of office. Other similarly sized cities Dunedin Sect.3.04 City Commissioner's salary is established by ordinance in recognition of the principle that service of the Mayor and Commissioners is public service.Actual and necessary expenses are reimbursed. Ormond Sect.3.04 The mayor and city commissioners will receive such sums for compensation and expenses as Beach established by duly adopted ordinance.Mayor and Commission Oviedo Not addressed The mayor of the city shall receive the annual compensation of$12,000.00,as adjusted in accordance in Charter; with the provisions of this section as in effect from time to time,payable in accordance with city addressed in payroll processes and procedures relating to all other city employees. City Code section 2-21. The other four city council members shall receive the annual compensation of$10,000.00,as adjusted in accordance with the provisions of this section as in effect from time to time,payable in accordance with city payroll processes and procedures relating to all other city employees. On every October 1,the mayor and other city council members shall receive an annual salary increase from the salary as adjusted in accordance with the provisions of this section as in effect from time-to-time equal to such percentage increase as approved by the city for its nonunion employees. Winter Sect.4.04 The city commission may determine the annual salary of mayor and commissioners by ordinance,but Springs no ordinance increasing such salary shall become effective until the date of commencement of the terms of mayor and commissioners elected at the next regular election,provided that such election follows the adoption of such ordinance by at least six(6)months.The mayor and each commissioner of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred in the performance of their duties of office and said reimbursement for expenses shall be established by resolution. Assistant City Attorney Crosby-Collier shared that her research found that generally most Mayors and Commissioners adopt their salary by ordinance. She turned the board's attention to Maitland and Oviedo on the chart as they were the only two cities that she found to have a different method. Discussion ensued regarding the current salary of the City Commission and how it is currently handled as an advertised public hearing and adoption of ordinance. It was g 8 I a e Charter Review Commission April 19,2017 asked if the charter included the benefits of the City Commission. CRC Facilitator Rosenthal explained that the charter deals with salary, which is done by ordinance, but it does not address benefits. The procedure for benefits is handled as that of the employees and is included in the Personnel Rules and Regulation Policy. It was asked if travel expenses were covered. CRC Facilitator Rosenthal briefly explained the travel stipend that he believes the City Commission still receives if changes have not been made since his retirement as City Attorney. Chairman Hopper commented that currently the City Commission can request themselves a raise with the process in place. Member West shared that maybe they could look into the consumer price index (CPI) so that there is an annual increase. CRC Facilitator Rosenthal said if they were to consider a CPI adjustment, then they would have to put a dollar figure in the charter such as Maitland. He further shared that other cities have tied their City Commission's increase to the percentage increase of non- union City employees during their annual budget. Discussion ensued. Chairman Hopper said this can be added to the revisit topic list. Amendments Proposed by CRC Members Vice-Chair King said that she appreciates that the board would like her to explain the e-mail she sent out for discussion at the last meeting. Her suggestion is to look at ways to be more cost effective by extending the terms of the City Commission to six (6) years. Member West opined that six (6) years would be too long, but he would agree with a four (4) year term and having term limits. Chairman Hopper said they had that on the list as a revisit item, and his suggestion would be to line up the City's election with Orange County as it would save the City money. He further commented that there is a benefit packet that some may not get because it requires the elected official to serve nine (9) years; and if they establish term limits at eight (8) years, that may become obsolete. Member West said he would like to add this discussion to the next agenda. CRC Facilitator Rosenthal shared that if they are looking at term limits and term of office, he would recommend a public hearing to get public input sooner rather than later as he feels this would generate the most public comments. After a brief discussion, it was asked that Recording Clerk Sibbitt resend the board the table with term limits that was provided at a previous meeting. City Manager's Evaluation Process § C-21. -Appointment; qualifications; compensation. [Amended 1-5-1999 by Ord. No. 99- 07/" The City Commission shall appoint by affirmative vote of a majority of all its members a City Manager for a minimum term of one (1) year. The City Manager shall be appointed solely on the basis of executive and administrative qualifications and need not be a resident of the City of Ocoee or the State of Florida at the time of appointment. The City Manager may reside outside the city while employed as City Manager, subject to the approval of the City Commission. The City Commission shall fix the compensation of the City Manager and shall meet annually with the City Manager to review and evaluate the City Manager's performance. The City Commission may enter into an employment agreement with the City Manager addressing terms and conditions of employment not inconsistent with or in conflict with the provisions of this Charter. Any such employment agreement may provide that the City Manager may be terminated without cause at any time during the term of the 9IPage Charter Review Commission April 19,2017 employment agreement, subject to compliance with the procedures set forth in § C- 22. Further, any such agreement may provide for circumstances under which the City Manager may be temporarily suspended with or without pay. Recording Clerk Sibbitt advised that she spoke with City Manager Rob Frank who confirmed that the elected officials do meet one-on-one with him if they want to discuss his performance. There is not a public hearing. CRC Facilitator Rosenthal informed the board that a one-on-one meeting with the City Manager is not subject to the sunshine law. It is the decision of the City Commission if they wanted to do it publically. Direction to Attorney/Staff Recording Clerk Sibbitt said that what she has noted from their discussion is that they would like for her to provide the following: • City Attorney research cost for Redistricting and provide charter language • Send members February 14th memo so they may review and decide on charter language • Add to the revisit topic list - City Commission salary — Discuss consideration of CPI or retain current process • Add to the revisit topic list - Discussion of four(4) year terms and term limits • City Attorney research execution of documents by similarly-situated cities • Recording Clerk Sibbitt forward section of pension ordinance that pertains to the elected officials • City Attorney research and provide table from similarly-situated cities with regards to terms and term limits Set Next Agenda—May 17, 2017 Public Comments -None Adjournment The meeting adjourned at 8:26 p.m. ier Melanie Sibbitt, Recording Clerk Michael Hopper, Chairman 10IPage