Charter03-24-99MinCITY OF LONGWOOD
1998 CHARTER ADVISORY COMMITTEE
"l,gtrood City C.mmission Chambers
175 West W.... tt Avemte
Longwood, Florida
Minutes
Marc, 24, 1999
Present:
Craig van 11...., Vice-edtair, (arrived 7:08 p.tn.)
B-1, Btatdy
J.-- Rebell.
Lynette DenttL
Absent:
Jint Daly, Chair
Staff:
Joltn Drag., City Administrator
Geraldine Lambfi, City Clerk
Monica Mitchell, Dir., Fhtattelal Services
Terry Annc1—ig, Recording Seale-,
All Present:
IN.-
1 . CALL TO ORDER
In the absence of Chairman Daly and with a quorum present. Vi—a hair Van Il..ven called
the meeting m order w 7'.08 p.m.
2. PLEDGE OF ALLEGIANCE
Ms. Dennis led the Pledge of Allegiance
3. APPROVE MINUTES OF JANUARY 27, 1999, and FEBRUARY 24, 1999,
MEETINGS
Mr. Bundy moved and Mz Rebelin seconded t. approve the minutes as written: passed by a
4. PUBLIC PARTICIPATION
Charier Adei,,q Com. 3-24-99\1
None
5. STAFF RECOMMENDATIONS
Discussion began with Ms. Zambri explaining her recommendations:
Section 3.06 0 Fill of Vacancies: Recommended Language: "A vacancy on the
n shall be filled in the following way: 0) If ffi—is less than one (1) year
m g is the unexpired term or if there is less than one(1) year before the next regular city
¢lee . the c on by a majority vo e of the r ring members shall choo
ntil said elution at which time dte vacancy shall be filled for the balance
of the unexpired term_ (2) If there are more than twelve (12) months remaining in the
-expired term and no regular city election is .mttedhlhJ within twelve (12)months_t1,e
n shall fill the vacs-ey en an m-im basis as provided in C) and shall schedule a
spec eiselection to be held not sooner than -V(60) nor more than ninety (90) days following
then coof the vacancy. N—hhna-ding any quo mrequlremenes established herein.
if at any creme cite membership of the commission is reduced b, less than a quorum, the
l—iring members of the commission may by a majority vote. appoint additional members
under either (1) or (2) above." There was discussion_
Section 10.01 0 Charter Recicw, Recommeuded language "The City Commission shall.
from time to time, and not less than every fve (5) years, appoint a Charter Advisory
Commiuee for dte purpesc of mviewing the Charter of the C'ry and sh],"hing
mendations to the Commission fur propesed amendments or revisions to the Charter.
The advisory co ec shall w ne(1)memb,, rip— ring each Commission
District and continue tin existence fore period not to exceed one (1) year.' Discussion ensued_
Section 3.01 (Last paragraph under(¢), Reeonunended Language: "Newly e1m,,I and
reelected members of the City Commosw will be n the Monext day nfollowing the
electio-. The erk City Clwill ad.m sterth, oath of office"oMembers discussed this rem will
thanked Ms. Zambri for her time.
Vicachair Van Hoover requested that Mr_ Drago prase-t lit, teromme-dmlons Mr_ Van
H.... n mentioned that the committee had previously reviewed Section 4.04.Slabhl 4.04,
aPpoinfine-t of Oil Ad. filLI ftor; Qualificnfih.1; ComPetuafimt:
Second Paragraph (workbook Page 20): All mndid-, for city administrator shall be
sere ened by a committee consisting of members from either/or the R rid, City and County
Managers Association or International City Managers Association .......:' Mr. Drago thought
this should be -,—d enfinelr.
Mr_ Drago informed the committee that the language he added to Section 4.04 was to provide
m qualif ns for fhe city m11,91,'m educmton end work experience. He said the
public us emitted to tihm Icvel ofprofssionali—
Chancy Advi— Com. 3-24-9912
Add to section 4.04: •Appoinnaeat And Qaalifleations, The City Commission shall
.pp.i,o a city administrator for en indefinite lean by a majority vole of the City Comnb--
The appoinnnent shall be based on l..I government executive and ad.lt,eoth-
gealifice which includes m of five yea onager unit
oP local government and a bachelor degree in Public Adminlil-i n%Business Ad iflu,adoo
or other related fields."
Add to Seetinn 4.04: "Compensation: The compensation of city administramr shall be
prescribed by the City Commission"
Section 4,05, Removal Of City Adtninistrawr, Mr. Drag. said he crafted this in order to
give a just cause —not to make it more dlfficuh, but to make it more Fair.
Add to Section 4.05: "Removal
(1) The City commission may remove the city adminisnamr by rnsolution forjust cause
requiring four tiffs rmetive votes.
(2) lusr cause is:
(a) e tin by i ct of e mpetent jurisdiction of a felonious act, or
vial
(b) a proven wi IIfnl vi.Iarourion of alocal ordinan.e end/or publitl I policy of tit, CityCom
o.
(e) a willfulsn,glba of duty causing obvious detriment to the city.
(3) The resolution shall contain the grounds for removal- The date of the vote to adopt the
Ill— shall no t the s ring el which the soloti'is presented.
The city idnti n
r shall be ended fled to a publihearing upon request prior mNe adoption
of the resolutionsfot, removal."
A change to Seetimt 4.07(first paragraph, workbook page 23): Strike the first two
n the frst paragraph and replace wilt: "There shall be a Ciry adminisnamr who
shall be the chief executive officer of the city. The city adminisnamr shall be responsible to
the Ciry Commission for the administration of all city affairs placed in his/her charge by or
under this charter or direction of the C,ty Commission." Continue with —"He/she shall have
the following powers and duties. ''(eunmme belotvI
Section 4.07, Powers And Duties:
Mr. Drago said he crafted Section 4.O7 as a caveat just to basically state the city adminisnamr
is the chief executive officer That it is basically like a coryoredon having a board of direcmrs
and a chief ex e eRiccr. who runs it. There is a direct relationship between the duties
and powers of both. execo i,e branch and legislative branch, so the two do not intermingle
He replaced Section 4.07, Powers And Duties, with the following:
*'(I) Appoint and when he deems it necessary fof the good of the city, suspend or
remove all city employees provided hot, by or under this eharer except as otherwise provided
Chit— Advisory Cum. 334-9913
by law, this h,,[,,, or peoth,b,l 111, adopted P—o— to IN, Ih,,t,,, He may sh,h,,ioe any
'b'ployo, who is subject t, his direction and supervision to —,so the, p—, with respect
to s,b.bil.,,s,
�2) Di d st,p--fle, deps--, offices, mid ages ies
b, he oil, l000p. ., tlil—is, p,ovide4 by :his charter to b, law.
III Alloll all commission meetings and shall have the light M lake part in
discussions
lot ,by he, —,
(,$) So, that all laws. provisions if,his thane, sold acs of the —blis,i.b ,hbjs,,
'l b bl—bbeil by him, by oft. —subject'. his d"', bill see faithfully,se, hod I
In sddid— he added -11— (10) Ns,.ti.h, all com,ss,I to, the day,
(2) 4.06, Acting Ch, Administrator:
1 (1) The ciry seilimill—I Ash do"i who Ihsll be acting sty sthbibimls-
dt,ft,, "1- i olley of the city lid—kni., term. — .absence." The iip., shall
too." 'sshon, 1. . f It", on official business. 01 illness or injury, if not mob, than 'i'm (W)
days
111 11 he city administratobecomes incapacitaincapacitatediincapacitareams—--eld by reams of 111, ijury
or bl,.biiy for
th." administratorthal sisly (60) days, he City Commuchl,i,lim ..y revoke designation
any`— and
_1th " dfl— fshe it, to — —il the li,, —mil,st., shall
rcmm ., NO— disability shall ....
(3) 11 the ellh, 11 11 bool—,y to ],its I be, city .1hbibil-l- the Ciry C1,11illill
shall appoint, qualified hi Oy sidolimik-lb,
S,,thlt 4.08, Nrfl.l able R11iol And E11111till:
M, Drago spisiud his f., goal -oriented appraisal I'lle,
See,
ill, 4.08 "PlIfl—abill Applsii
The City Commission will establish ,i,,,,a measuring desired outcomes for an .,..I g..l
.H ... d s,p,.i,Il review of the city pe,fi—sb—
ARTICLE V, AdIliollish-i- Dt,pal-ble t, 311thlt 5.01, (B); And Seetil. 4.07 (1) And
(2),
— P., AMile
s:- es: - (hi — it CityCnaner
., D,,g, explained that diem —, —flim mffi—
lerle-iheheh. 'Section
5 0 ll�lh fth, current City Chbllsl can be deleted because is In —Ifill I'll
Son— , it, 1) and
(2) of he lowest
ly Chaser. is consistent sill . the criteria- fbhh
by the loo—ab.-I City M""'T"' Association
to f.' - e.hb'il." "fe- of
gov
ernment. and does no,
sill, a City
his/her obi- — level ,—ell,
C,soo, Ad,L,.ry Cot". 3 -2`,-99\`,
n free of possible political in
Mr. Drag. said he would prate, keepingeSeetiom 4.07(1) instead of Swoon 5,01(b).
Vice -chair Van H... em extended the committer s appreciation to Mr. Drag..
Ms. Mitchell was ,quesmd m review her recommendn,,,, WSW,, of the--, charter;
additiorrs m the current charter.
"Section 3.08 , Independent A.dit
Reronmtendati.n t. cbmtge: "The Commission shall provide for an independent annual audit
of all it, accounts and may provide Er such more frequent audits as it deems necessary.
Such audits shall be mad, by a C ified P.blic accountant or fnm of such accountants who
have no personal interest. direct or i,di rend in the fiscal affairs of ehe city, govemment or any
s officers- The commission may. without requiring -,bpctidve bids, designate such
-g
or firm wally or far tt period no eedimg rhree (3) years ha
Ae»gxei sren#eeanyanmea4acfneaFyear-shad-bcmvdeneJate:
days-af-thebegia.i.gaf M..l+fiseaMyear."
s. Mitchell gave her justipcation. Mr. Dmg. commented that the city did not have to get
professional proposals -they could go .nt far bid.
Section 6.02, Snbmisslon Of Rndget A.d II.dgn bfesmge
The committee had previously npp—d this rewmmendatiom
Rwonrme.dntion to change: "On or before the lira day of Idly Angus[ of each year, the
administrator shall submit, the City commission a budget for the -,,mg fiscal year and an
awompanying message."
SECTION 6.08, Amendments After Adoption, (c) Transfer of Appropriations
R-bt,,-bhdkdt fb .I.tmg,, "Al any in, during the fiscal year the City Commission by
ordimam s.luti may « ,Ef pan r all of any unencumbered appropriation balance
among-�rogi rca�-w
-0ePaamentoFofGee to-anetld r between I
de ar or funds. The cif administrator ma caster a r all of,,-iE,,,d
appropriation balance between account lines within the,— pr.gmnt."
Extensive discussion ensued .
SECTION 6.10, Admi.istratiob, Of Rmlget, (N Payment and Obligati- Prohibited
Ms- Mitchell informed. with the current ,hare,. [he bills had m be sent to the Clty
Commission before the bills could b, paid: causing a delay and resulting in violation m the
state of Florida's Prompt Payment Act for govemment agencies.
Ree.ntmendatlon t. cbange: "N. payments shall be made or obligation marred against any
allotment or appropriation except in attordanw witb appr9."d,w duly made_ artdunless
the-admati.,d--frsteerdf+e,{hat _
or'aPProP:+atim+and dd suffi.iem-fm#s-t c
m-.feet bit bli'did. wltenit-beeo-es due atid pab,-,,p_�eeib-f _ h _ .-.._
Charter Advisory Cont. 3-24 99\5
hydit o—fiog of bl g{iga6�-ceurse.,t
basiaess. Any-auth,,,,, mrvofgayntexi-e ring of obligati violati t of the
provisions..this charter shall-be.'—pl A� . F["id',,,h shal�be
se for removal of any offcer employee of the City of Longwood. Florida. wh.
knowingly c '" paymenter incurred such obligation and said oM,,, or
employee shall be limbic t, the City of Longwood, Florid., for arty amount so paid. However.
nothing the this chart r shall prev ring obligati a'P.' .,when required
due oral di se .ch as floods or hurricanes It other aumns required by state law
such as legal ad—fl'iogs"
Section 6.10 (o) Cootht... : (Page 36 i. Workbook, IV fine from top):
R—obt ond,ll— to ehaogc "Except where prohibited by law, nothing m this charter shall
be con —Id to prevent the making of contracts for capital improvements to be�,aaeesolely
er-ryariiallyfiyfieisswneeot-0oads.r to prevent the making of any unfunded multi -year
or lease p—ofi.g for pity. —is beyond the end of a fiscal year, provided that such
-,.o is made or approved by ordinance_
Sectloo 6.10 (b):
Ricommeodatioo to change "Unless oot1—ti by the voters at a duly held rtf—od.-
the City Commission shall out spenAoo-mlbw-rob.spent-a.y-fo.dsJerived-fremo.c
wom authorize nr allow m be a. thoriudyhe_issua_of revenue bonds for the purpose of
If any capital imp'. nor Ica tr p.r b—of real prop`.m- eoyr P.,o -maf
_b.-cad-nr-a.yJ✓tasafyea t
Vice -chair Van Hooven thanked Ms. Mitchell. He said the staff members were excused unless
they wanted to stay; Mr. Drag. remained.
At 8:30 p.m. the c.mmi— mok a break.
The melting reconvened at &:40 p.m. and began with considering the staff recommendations
as follows:
CZ - Section 3.01 (e) Last Paragraph: Consensus to accept Ms. Zambri'I
ruwnunendadon.
GZ - Sectlo. 3.06 (c) Fillm,, of Vaeuoeics: Moved by Mr. Bundy, seconded by Ms.
Rebell, to accept Ms Zambri's recommendation with am ,,d,,g a to a six month's time
fame and that the City Commission will have it time hmit.f thirty days to appoint and then it
will go m. special cleat..; however, review' aphof the end of the charter reclew to
change r ordi.g; vote nas ooanun.us.
bl\I- Seeti.n 3.08 btdepe.d"o Audit: Mr.VanHooven said the original decision — to
Icave it m lace Mr. B..dy m.ved. Ms. Rebell,, seconded b, accept Ms. Mitchell's
dec�eudat� n of Section 3.08, and perhaps cbaage the wordi ig to what the coaabill.
.t ed later .ros ntt, .,Y; v
Charter Advi.q Com. 3-24-9916
MM - Sec,ion 6.02 Submission of Budget: Committee previously voted to accept this
MM - S-i- 6.08 (c) Trm,sfer of Appropriations: ,Mr. Bondy moved. Ms. Dennis
onded to cep, reeomnmvdation trios II, I -ding deemed necwsaq at fittal review;
MM - Section 6.10 A"budistration of Nudges (a) Raymad and obibdhi u Prohibited:
Thore uas diixussion on (b). Ms. Dennis said the city attorney stated that it could not be
changed because I had b— It petition to the voters and placed on the ballot Ibr change. Mr.
Van Iloo asked of Ms. Armstrong If ibu committee had been given the recommendations
prior to City Attorney Taylor attending a commhtee meeting. She responded. yes. Ms.
RebellI said IYle thought when the c,,y a,mrney was a„he meeting that he had said lha, all of
the changes put forth were legally sound. Ms. Armstrong informed ,ha, the city a ,,, did
o, address that in his memo: he said tha, verbally at the las, mewing. Mr. Van Hooven 11—d
that ,should be in ,he s then. Ms. Den raid ,ha, I r the workbook .say "tha,
(6) cannot be changed according m the attorney''¢ Mr. Bundy read from page 2 of the
Feb,uary 24. 1999. minmes. ,hibi item down from the top —"Mr. Taylor s,b Id that h had
cwed all of ,he sIgges,ions sbbb,med by staff and he ,hooght from a legal s,andpoin, tha,
they were all sound." Ms. Rebello goeaioned if the co— ,,, should have him verify this.
Discussion ensued on ,his subjew with the —,It e .yi,,g that they could just vote on it
pars na again ording I,thci wn l Peelings. Mr. Van Hooven said he was in agree n with MI. Mitchell other than the 1 c, ,hat there was some confusion under the wording Ifi, all
and h needod to be clearer.
Vice -chair Van Ihoovu. and Ms. Dennis aAI,1 if Ms. Zambri could check with the it,
nay I both (a) and (b). Ms. Dennis said ,bat wbat she gws from tbis wasIII, Ms.
Mitchell was making th, assumption ,ha„his was for Revenue Bonds —Mr. Van Hooven said
chat is wht he hard he, to say. Ms- Dennis said 'it is possible tha, she could be wrong
regarding Mr Taylo, making this statement- Mr. Bondy said the changes were underlined and
ILL, specifically chanrom ged it 'fany souue" rojus, "Revw,ue Bonds-" Mr. Bundy wnd—d
that cbengrxl the anti« wntexi and tba, is what Ms. Dennis was talking III— and Mr.
Taylor's rommen, was that chat was ,he "intent'" wl,un it was vmad upon the las, time, not jus,
Rev ., Bands" Ms- Den said that she and Mr Zambri kno is difteren, than chat
because they experienced it and know the "in,ent:"whereas, Ms. Mi,chell was -there.
Mr_ Van Hooven suggested ,he contmi,tee hold If- accepting (b) umil ftbhet
recommendation by Ms. Zamb,i alter she speaks with Mr Taylor.
AIM -Stoim, 6.01 (a): Ms. Damns moved ,Rb Mr. ❑tmdy's sewed Id nnanitnously
tot, to a cept with the p—ibility of ebanges in the final review.
JD- Sectim, 4.04 Appehnnleht m,d QunliRva,ions: Mr. Bundy moved ,o accept s,,bj- to
change ai final review, with Ms. Dennis seconding. vote to accept ,vas unanimous.
Chaney Advisory Cmn. 3-24-99\2
JD- Section 4.05 Removal of City Ad:nini.—bI: Previously voted to a "4l5' maj-'y
and strike the work "sp.cial. Ms. Rebell. asked if lhel was to eliminate everything
alr ady :here: Mr_ Dmgo respondu- responded, yW. Bundy said be would wane to it— "the
Cite Con nay at a r,ular svbeduled meeting" Mr. Bundy made a ceps
Mr Drag' ao �s—IlEtion wish the m.n odifanend seconded by Ms- Dennis. unanimous
tote ro a apt
Vice-chair Van Hoo n asked if thec ould mind t. ontinue un dl finishing Mr.
Dmgo's recommendations. even th.uglmiwas 9IO p.m. The commiuce agred-
JD -Soc on 4.06(2) Acting City Adntinistramr_ Mr Bundy made a motion to accept and
Ms. Den .
sr. ndd. MBundy amended to iml,,d, Nos. 1, 2. and 3: Ms. Den m.ded
the amendedmotion. Ms. Dennis requested Mr. Drag, clarify. tie r,,p-dd his in ent was
rend the current charter Section 4.06 (1) Temporary City Administrator. and (2) Acdng
City Admi - . Would leave (2) (a) it and re tuberit. Comrt u tb<ided to
eiintinate (a) aId make that No. 3 and then add "4" which a Mr. Drago sNo. 3. Ms.
MIttis..... ded; unanimously accepted Ibit the passibility of later r..v..fill .
The vice chaiI stated that he wns glad that Mr. Dreg. had stayed.
.JD - Seeaimt 4.07 Generally (.vorkbook page 23), fml paragraph: Unaubnous to accept.
,ID - S,ob 14.07 Pn11'Cr5 and D.1w,; UtIIII uv cote to acrepi Mlh adding m (3) Attend
all commission meetings e>_Ey,xh c<cnsd by Ibe mayor.
JD - Seaton 4.09 Perfnrntance Appraisal: Uiwniomus vote to accept.
JD - Section 4.04 Appointment of City AdIdIktrntor, Qnalifirstious, Coutpenuati.m
Inmrt Mr- Drago'. Cplj.I .1 the se.. ld paragraph and delete the current second
paragraph entbdy .vas tmanimons consensus to .crept.
.ID - Secii.n 5.01 (b) of the current oily chafer be d1b,( d because nlconflict:
Unammous to accept.
I. DISCUSS ESCALATION OF MEETING SCHEDULE
It w s agreed that April'/ end 21 would be extra meeing in Aptil- Ms. Dennis was not
n she could be available and would let Ms. Armstrong know. April 28 would remain as
the regular meeting.
>. REVIEW CHARTER BEGINNING "I'1'[I ARTICLE V, ADMINISTRATIVE
DEPARTMENT
Would begin the next —limg with Article V.
8. AGENDA ITEMS FOR NEXT MEETING
Charter Advisory C.I. 3-24-9918
"I", flh, 'I .. ...... ..... �, '11 ild
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fM "',— ,,, " \,r Dreg. v I -I I Io the next ... . .......
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