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HomeMy WebLinkAbout1987 03 16 City Commission Workshop Minutes WORKSHOP MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, MARCH 16, 1987 The Workshop Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso at 7:00 p.m. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present Commissioners: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present Charter Revision Committee Report: The Meeting was called to review the recommendations of the Charter Review Committee. Each recommendation was discussed as follows. Section 4.02 Qualifications Add the following: To be qualified, a candidate (1) must have been a resident of the City for one (1) year prior to his written notice of candidacy; (2) have his application endorsed by at least seventy-five qualified electors of the City; (3) pay a $25 filing fee. Commission was in agreement the fee should be $150 and 15 signatures of registered voters. As to the residency requirement, Commission was in favor if it is constitutional. Commissioner Kaehler opposed the residency requirement. Section 4.03 Election and terms. (b) Delete. Designating seats without districting seems unnecessarily confusing. The second sentence is outmoded. (c) Change to (b) and revise to read: The said Commissioners shall have staggered terms, three to be elected at one general election and the other two in another. Commissioners Kaehler, Hoffmann and Kulbes were against districting at this time. There was discussion of asking the City Attorney if the question could be put on the ballot whether or not the people favor districting by 1990. If it is a favorable response, then form a committee to devise the actual process. Ask the City Attorney if it is a favorable response would it be necessary to hold another referendum to initiate the districting process. Section 4.04 Compensation; expenses. Sixth line, change "expenditures" to "expenses" The reason for this suggested change is that the Board considers "expenses" to be a more meaningful term. No action - already taken care of. Workshop Meeting, City Commission, March 16, 1987 Page 2 Section 4.05 Mayor. Delete "shall be the chief executive officer of the City." Delete second sentence which reads "Additionally, the mayor shall have the responsibility of the administrative duties of the city manager in the event the city commission does not appoint a city manager, unless otherwise provided in this charter.lI After discussion, Commissioner Kulbes, Commissioner Kaehler and Commissioner Hoffmann were in favor of leaving the section the way it is. It was recommended to include the Deputy Mayor shall be appointed annually. Commissioner Jacobs felt executive officer should be defined. Section 4.06 General powers and duties. Add: State Law Reference FS 166.021. Commission agreed with this recommendation. Section 4.07 Prohibitions; holding other office. Insert after "other" the words "Winter Springs". Commission agreed with this recommendation. Section 4.08 Vacancies; forfeitures of office; filling of vacancies. (b) (4) Change to read "Is absent from three (3) regular meetings of the Commission within a one-year period unless such absence is excused by the Commission by resolution setting forth the fact of such excuse duly entered upon the commissioners minutes. The consensus of the Commission was 3 regular meetings (not to include Workshops or Special Meetings) and excused by the Commission. (c) Change second sentence to read "A vacancy in the commission shall be filled by the commission by majority vote of all its' remaining members until the next regular election. This change is recommended for clarity of expression. The Commission added "for the unexpired term". Section 4.10 City Clerk. Move to Article VI and become Section 6.02. Consensus of the Commission was to move to Sec. 6.02, but to have the City Attorney review to see if this changes anything. Section 4.11 Investigations. Becomes Section 4.10. Workshop Meeting, City Commission, March 16, 1987 Page 3 Section 4.12 Independent audits. Becomes Section 4.11 There was discussion of changing the appointment of City Auditor to the time when a normal audit would be completed or prior to the end of the second quarter following the fiscal year. Section 4.13 Procedure. Becomes Section 4.12. (a) In the second sentence, following the words "to each member", add the words "and the public". The City Attorney was asked to clarify the difference between notifying the public and public notice, and those definitions should be either in the Charter or the Code. (c) In the third sentence, first line, following the word "commission" add the following: "except as provided in the preceding sentence". Commission was in agreement. Section 4.14 Actions requiring an ordinance. Becomes Section 4.13. (5) First line, change "the public utility" to "a public utility". No action. Section 4.15 Ordinances in general. Becomes Section 4.14 (b) In the third sentence change the comma after "days" to a period and delete the remainder of the sentence. The reason for this is we do not think the requirements of time of the second reading should be subject to waiver. State Law Reference FS 166.041. The Commission was in agreement to add the State Law reference and have Attorney recommend a procedure for passing an emergency ordinance for the health, safety and welfare of the citizens of Winter Springs. Section 4.16 Authentification and recording; codification. Becomes Section 4.15. Commission was in agreement. Section 5.01 Appointment; qualifications, compensation. Change to read as follows: The commission shall appoint a city manager for an indefinite term by a majority vote of all the commissioners, who shall also set the city manager's compensation. The city manager shall be appointed solely on the basis of his executive and administrative qualifications. He shall be responsible to the commission for the administration of all city affairs placed in his charge by or under this charter and such other duties as may be required by the commission. Workshop Meeting, City Commission, March 16, 1987 Page 4 Commissioner Hoffmann suggested "annually shall set the City Manger's compensation"; Commissioner Trencher suggested the City Manager be Chief Operations Officer and change "city affairs" to "operations of this City". Section 5.02 Removal. The commission may remove the city manager from office in accordance with the following procedures: (1) The commission shall adopt by affirmative vote of a majority of all its' members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed forty- five (45) days. A copy of the resolution shall be delivered promptly to the manager. (2) Within five (5) days after a copy of the resolution is delivered to the manager, he may file with the commission a written request for a public hearing. This hearing shall be held at a commission meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The manager may file with the commission a written reply not later than five (5) days before the hearing; (3) The commission may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its' members at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the manager if he has not requested a public hearing, or at any time after the public hearing if he has requested one. The manager shall continue to receive his salary until the effective date of a final resolution of removal. After much discussion, Commissioner Trencher was for 4 votes for removal, Commissioner Hoffmann, Commissioner Kulbes and Commissioner Kaehler were for 3 votes and Commissioner Jacobs was for 4 votes, (Commissioner Jacobs feels the Manager works at the pleasure of the Commission). In Section 5.02 (2) Commissioner Kaehler asked the word "public" be removed. Section 5.03 Powers and duties of the city manager. Change opening paragraph to read as follows: The City Manager shall be the chief executive officer and chief administrative officer of the City. The city manager shall have the following powers and duties: (1) Change first line from "He shall appoint" to "To appoint". change second line from "appoint" to "appointive". (2) Change first line from "He shall direct" to "To direct". (3) Change first line from "He shall attend" to "To attend". (4) Change first line from "He shall see" to "To see". (5) Change to read as follows: To prepare and submit to the commission for approval the annual budget and capital program and to be responsible for the administration of same. (6) Change first line from "He shall submit" to "To submit". (7) Change first line from "He shall make" to "To make". Workshop Meeting, City Commission, March 16, 1987 Page 5 (8) Change first line from "He shall keep" to "To keep". (9) Change first line from "He shall perform" to "To perform". Commission suggested to word as follows: The City Manager shall be the Chief Operations Officer of the City. Section 5.04 Prohibition. This section is new and suggested wording is as follows: Neither the mayor nor the commission, or any of its members, shall in any manner dictate the employ- ment or removal of any city officer or employee who is subject to the direction and supervision of the city manager except through the manager, and neither the mayor nor the commission, or any of its members, shall give orders to any such office or an employee, either publicly or privately. However, the mayor, the commission or any of its members may express their views and fully and freely discuss with the city manager anything pertaining to the appointment and re- moval of any such officers and employees. Commissioner Hoffmann suggested the paragraph be titled: Interaction of Manager and Commission, Mayor: In recognition of the City Manager's responsibility to the Mayor and Commission, and of his duty to serve as chief administrator of the city, it is required that both should cooperate fully so that each may perform the duties assigned by this charter. The City Manager shall keep the Commission and Mayor pertinent issues in a regular and expedient manner. Commission and Mayor shall communicate with the City fully informed of In like manner, the Manager. Communications by the Mayor and Commission to the city employees not directly responsible to them, shall avoid directives which only the City Manager and/or staff may exercise. After discussion it was decided to defer to the City Attorney for the proper language. Section 6.04 Personnel review board. This section is new and recommended wording is as follows: (a) Appointment. There shall be a personnel review board consisting of seven (7) members, all of whom shall be appointed from among the city electorate and none of whom shall be an employee of the city. Each commission- er shall select one member and the mayor shall select two members. Members of the board shall serve for a term of two (2) years, which terms shall be staggered by the appointment of three (3) of the seven members for one (1) year commencing January 1988 and thereafter for two years. (b) Function of the board. The function of the personnel review board is to consider appeals from the final decision of the city manager in cases of suspension for more than twenty (20) days, demotion or dismissal of a city employee, that is, after exhaustion of the remedies of such employee provided in the city's Personnel Policy Manual. (c) Procedure. Any appointed city official or city employee, excluding the city manager, has the right iwthin thirty (30) days after receipt of notice .' . ' Workshop Meeting, City Commission, March 16, 1987 Page 6 of his dismissal, suspension for more than twenty (20) days or demotion by the city manager, to appeal to the personnel review board. Upon receipt of a written notice of appeal by an appointed city official or city employee, the board shall hold an evidentiary hearing within five (5) days thereof. After an evidentiary hearing, the board may affirm or reverse the action of the executive authority in dismissing, sus- pending for more than twenty (20) days or demoting an employee if it is found that the executive authority did not have good and just cause for his action. Further, the board may mitigate the sentence imposed by the executive authority when evidence presented indicates that such mitigation is warranted. The consensus of the Commission was it should be in the personnel policy of the City, and to delete Sec. 6.04. All the remaining recommendations were o.k. Mayor Torcaso thanked the members of the Committee, Larry Cerra, John Nystrom, Elaine Jones, Edward Magennis and Albert Becker for their work on the Charter Review Board. An ordinance is to be drawn up and resolutions of appreciation to be drawn up for the committee members. Impact Fee Policy statement formulation: The City's position was still the same in regard to the priorities and the fees. Meeting was adjourned 10:40 p.m. Respectfully submitted, Mary T. Norton, City Clerk