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Charter08-09-07Min City of Longwood 2007- Charter Advi;~ory Committee Longwood City Commission Chan~bers 175 West Warr~:n Avenue Longwood,, .Florida MINUTES August 9, 2007 7:00 P.M. Present: Chair Joe Durso Vice Chair Jack Caldwell Member Tamara Cooper Member Douglas Damerst Member Susan McMahon Linda F. Goff, Recording Secretary 1. CALL TO ORDER. Chair Durso called the meeting to order at 7:00 p.m. 2. APPROVAL OF MINUTES: July 12, :x007. Vice Chair Caldwell moved to approve the minutes as presented. Seconded by Member Cooper anal carried by a unanimous voice vote. 3. PUBLIC INPUT. Norie. 4. OLD BUSINESS Chair Durso said he had a conversation with Supervisor Ertel and asked him if he would be willing to attend the next meeting. Chair Durso requested questions be prepared and sent to Ms. Goff so they can be forwarded. Chair Durso said he would prepare and :;end the letter for input from the Department Heads. Article III The Committee reviewed the Acting City Attorney's response dated August 6, 2007 to questions previously submitted. Member Damerst said his question on Section 3.02 sent to the Acting City Attorney for review was in two parts; first asking if the Mayor could have additional compensation. He stated the Acting City Attorney indicated that could be done. The second part of his question had to do with expenses and she advised it was silent on the expense issue. CAC 08-09••07/1 Chair Durso said the Committee could make it part of the record that they feel the Commission should be paid more. The Recording Secretai:y advised that the Commission does receive expenses travel, hotel, and per diem ~lraccordance t e personnel policies. ~,u t„ait-ri- Vice Chair Caldwell said if the Committee feels it would be of a positive nature for the Commission to receive expenses, it should be included in the Charter. Member Damerst said he was satisfied the Cormliission can make the decision to provide additional compensation to the :Mayor if they so desire. Member Damerst said the Acting City Attorney said paragraph (c) of Section 3.05 seemed problematic. He stated he could see the point being made regarding the second sentence and would recommend striking that sentence. Chair Durso suggested prohibition may fit into Article IV or V. He said he tends to agree with the Attorney when saying it goes without saying they could criticize City Administrator appointees. Discussion ensued regarding the hiring .end firing of Department Heads. Chair Durso said it was spelled out clearly that the City Administrator is the Chief ~ Executive Officer of the City and responsible for hiring and firing of all Department Heads. Member Damerst reiterated the City Administrator does have to get the Commission's approval. Chair Durso said the City Administrator is responsible for the management of t:he City and the only stop gap residents have was for the governing body to be able to say yes or no. Member Damerst said the City Commission sets departments by ordinance and. they set the rules of the game. His interest was avoiding the situation where elected officials pay favors through jobs and professional staff. If there is a prohibition. of such behavior it belongs in the Charter. Chair Durso inquired if Member Damerst wanted to strike the second sentence. Member Damerst responded in the affirmative. Chair Durso said this matter would be part of the Committee's discussion on their final recoirmiendations. ~ 5. REVIEW OF CHARTER. CAC 08-09-07/2 A. Article IV. -City Officers Section 4.01 -City Clerk -Reviewed with no recomm~endations. Section 4.02 -City Attorney - Reviewed with no recommendations. Section 4.03 -Appointment and Termi of Office of City Clerk and City Attorney -Reviewed with no recommendations. Section 4.04 -Appointment of City Administrator; Qualifications; Compensation Member Damerst distributed a memos:an:diun suggesting the following amendment to the first sentence in Section 4.04: B~a~firmative vote of a majority o~all of its members, the City Cof~~mission shall appoint a City Administrator for a~z indefinite term and fix his or her compensation. Chair Durso said there was a quorum rule so they can conduct business without all members present. Discussion ensued regarding requirement of a majorit~~ vote. It was the consensus of the Committee to recommend requiring a 3/5 majority vote to hire and fire the City Clerk, and City Attorney in Sections 4.03 as well as to hire the City Administrator in Section 4.04 making all of the language congruent. Member Damerst suggested using the language "by an affirmative vote by a majority vote of all of its members." Section 4.0~ -Removal of City Administrator -Reviewed with no recommendations. Section 4.06 -Temporary/Acting City Administrator -Reviewed with no recommendations. Section 4.07 -Powers and Duties - Reviewed with no recommendations. Discussion was held regarding emergency ordinances and a disaster plan. Chair Durso inquired if Vice Chair Ca1d~Ne11 would like to request the City Administrator to address whether the disaster plan should be addressed in the Charter. CAC 08-09-07/3 Vice Chair Caldwell responded in the ai:firmative. Section 4.08 -Performance Review acid Evaluation -Reviewed with no recommendations. B. Article V -Financial Procedures Section 5.01- General Provisions Member Cooper pointed out typographical error in paragraph (a) where the word "assign" should be "assigned." Member Damerst said paragraph (b) goc;s back to where he was snaking a recommendation regarding approval of ]Department Heads by the City Commission. Chair Durso said he agrees the City Corxzmission should not strong arm the City Administrator. However, this was required for the residents as a check and balance. Member McMahon said this would be the opportunity for the City Commission to ~ say w if they find someone was a relative to another Department Head, or for some other reason. Section 5.02 -Personnel Policies - Reviewed with no recommendations. Member McMahon said the point made about the emergency plan was good and inquired if this should be in the Charter. Chair Durso said in order to receive certain state and federal monies, the plan needs to be up-to-date. Member Datnerst said he would like to ]seep that aspect on the table and discuss the matter with the City Administrator. Chair Durso said he would like to review items for the next meeting. He stated he would send a letter to Supervisor Ertel. Member Damerst inquired if they should forward the other change in regards to the majority vote to the Acting City Attorney for review. Chair Durso suggested at the end they should submit all recommendations to the Acting City Attorney for review prior to submitting them to the City Commission. He said. the next meeting was scheduled for September 13th Member Caldwell inquired if there was any reason to go back to Section 4.07 to ~ discuss a balanced budget. He stated it d.id use the verbiage "balanced". CAC 08-09-07/4 Chair Durso stated that was a requirement of the State. He said they would review Articles VI, and VII, at the next meeting;. Member Damerst said at this pace, if the;y review Articles VIII and IX at the October meeting, then Articles X through XII in November. Chair Durso suggested they review Articles VI and VII in September, Articles VII and IX in October, and the remainder of'the Charter in November. Following t]Zis they will begin discussion on any recommendations to be made. He asked the Recording Secretary to check on the timeline in order to have recommendations submitted in time for the ballot language. 6. AIDJOURN. Chair Durso adjounied the; meeting at 8:23 p.m. e- ~ so , air ATTEST: ~^I ) lit S ~-w~2.,.~ C.~ Linda F. Goff, Recording Secretary CAC 08-09~ 07/5