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06/26/2018 - Strong Mayor Task Force JOINT MEETING OF THE CITY COUNCIL AND STRONG MAYOR TASK FORCE CITY OF CLEARWATER June 26, 2018 CLEARWATER MAIN LIBRARY Present: Bud Elias, Chair (Arrived 5:43 p.m.) Committee Member David Loyd, Vice Chair Committee Member Nino Accetta (Arrived 5:38 p.m.) Committee Member Norma Carlough Committee Member Jack Geller Committee Member Karen Graham Cunningham Committee Member Rosemarie Kibitlewski Committee Member George Mantzaris Committee Member William Sturtevant Committee Member Stan Vittetoe Committee Member Howard Warshauer, Vice Chair Committee Member Absent: Cyndie Goudeau Committee Member Keith Protonentis Committee Member Also Present: George Cretekos Mayor Doreen Caudell Vice Mayor Hoyt Hamilton Councilmember Bob Cundiff Councilmember David Allbritton Councilmember William B. Horne II City Manager Pamela Akin City Attorney Rosemarie Call City Clerk Nicole Sprague ORLS Coordinator To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Item #1 - Call to Order Mayor Cretekos called the City Council meeting to order at 5:32 p.m. Chair Elias called the Joint Task Force meeting to order at 5:34 p.m. Strong Mayor Task Force 2018-06-26 1 Item #2 -Approval of Minutes Councilmember Allbritton moved to approve the minutes of the June 19, 2018 Joint City Council and Strong Mayor Task Force meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Item #3 - New Business 3.1 -Task Force Chair Comments Vice Chair Loyd thanked all for attending and reminded all to speak clearly into the mics. 3.2 Review Article IV- City Attorney. Former St. Petersburg City Attorney John Wolfe reviewed his experience with re- writing St. Petersburg's city charter for a strong mayor form of government which was brought on by a petition process. He said the provision to require the mayor to attend council meetings was included after a citizen complained that the mayor was not attending meetings. The assistant city attorneys were recommended for hire by the mayor and confirmed by the city council, only the city attorney was able to fire an assistant city attorney. Mr. Wolfe said the city council was not consulted regarding potential assistant city attorneys, the city attorney provided the mayor with a list of candidates. The city attorney's salary is based on a pay scale that is set by council. Since there were 15 assistant city attorneys on staff, St. Petersburg rarely hired outside counsel. In response to questions, the City Attorney said the salaries for the city administrator and city attorney in Clearwater are based on pay ranges. It would not be reasonable to hire a city attorney for$300,000 annually. As proposed, council controls the budget for each department, the mayor operates within the budget council provides. She said council does not regulate salaries. The Legal Department currently has 6 assistant city attorneys; outside staff is hired when needed. Vice Chair Warshauer moved to include Section 3.06 - City Attorney and assistants, St. Petersburg City Charter, as presented by the City Attorney (See Exhibit B). The motion was duly seconded and carried unanimously. In response to questions, Mr. Wolfe said the salary of the mayor was set by resolution after the election. He said the city attorney could be making more than Strong Mayor Task Force 2018-06-26 2 the mayor. When considering the mayor's salary, he suggested looking at cities of similar size and form of government. Term limits were not in place when St. Petersburg changed to a strong mayor form of government, the charter has been amended since to establish term limits. 3.3 Review and approve amendments to Article I — Corporate Existence, Powers, and Boundaries and Article 11 — Legislative Power. The City Attorney reviewed the proposed changes to Articles 1 and // (See Exhibit A). In response to a question, the City Attorney said the Internal Auditor will be addressed in Article IX, Fiscal Management. Staff was directed to provide a chart listing the positions being eliminated from the current form of government and added to the new form of government. Committee Member Mantzaris moved to approve Articles I and II as presented by the City Attorney. The motion was duly seconded and carried unanimously. 3.4 Review and approve amendments to Article III —Administration. The City Attorney reviewed the proposed changes for Article 111—Administration (See Exhibit 8). In response to questions, the City Attorney said the language requiring the mayor to "maintain an office in a city facility and shall devote full time to the duties of that office"is to prevent the mayor from having a city office in his own private space. The language also clarifies that the mayor's office is not in city hall since Council has recently directed staff to move out of the current city hall site and lease office space in Downtown until a new city hall is constructed. A concern was expressed that the proposed baseline salary for the mayor is too low. Discussion ensued with comments made that the baseline salary was established so that it could not be lowered by council, the strong mayor for the City of Miami makes $155,000 annually, and that salary is not always the only reason one chooses to run for public office. A concern was expressed regarding the optics if the salary is too high. Strong Mayor Task Force 2018-06-26 3 Vice Mayor Caudell moved to reconsider the baseline salary for the mayor. The motion was duly seconded and failed with the following vote: Ayes 7: Chair Elias, Committee Members Loyd, Mantzaris and Sturtevant, and Vice Mayor Caudell and Councilmembers Hamilton and Cundiff. Nays 9: Vice Chair Warshauer, Committee Members Accetta, Carlough, Geller, Cunningham, Kibitlewski, Vittetoe, Mayor Cretekos, and Councilmember Allbritton. The Joint City Council and Strong Mayor Task Force group recessed from 7:14 p.m. to 7.25 p.m. In response to a question, the City Attorney said it is not necessary to include language clarifying that city facilities could be city-owned or city-leased. Vice Mayor Caudell moved to amend Section 3.01 to include leased or owned city facility. The motion was duly seconded and carried with the following vote: Ayes 14: Chair Elias, Vice Chair Warshauer, Committee Members Accetta, Carlough, Cunningham, Geller, Kibitlewski, Loyd, Mantzaris, Sturtevant, Vittettoe, Mayor Cretekos, Vice Mayor Caudell, and Councilmember Allbritton. Nays 2: Councilmembers Hamilton and Cundiff. Committee Member Geller moved to approve Section 3.02, Election and terms; absence; compensation, as presented by the City Attorney. The motion was duly seconded and carried unanimously. Committee Member Geller moved to approve Section 3.03, Powers and duties of the mayor, as presented by the City Attorney. The motion was duly seconded and carried unanimously. Strong Mayor Task Force 2018-06-26 4 Committee Member Geller moved to approve Section 3.04, Veto power, as presented by the City Attorney. The motion was duly seconded and carried unanimously. A concern was expressed that Section 3.06 does not include any qualifications for the city administrator. Committee Member Accetta moved to approve Section 3.06, City Administrator, as presented by the City Attorney. The motion was duly seconded and carried with the following vote: Ayes 14: Chair Elias, Vice Chair Warshauer, Committee Members Accetta, Carlough, Cunningham, Geller, Kibitlewski, Loyd, Sturtevant, Vittettoe, Mayor Cretekos, Vice Mayor Caudell, and Councilmembers Cundiff and Allbritton. Nays 2: Committee Member Mantzaris and Councilmember Hamilton. Committee Member Geller moved to approve Section 3.05, City Clerk, as presented by the City Attorney. The motion was duly seconded and carried unanimously. Vice Chair Warshauer moved to approve Section 3.07, Council confirmation, as presented by the City Attorney. The motion was duly seconded and carried unanimously. 3.5 Review Articles V-X. The City Attorney reviewed the proposed changes to Articles V through X(See Exhibit C). In response to questions, the City Attorney said the internal auditor can only be removed with cause and explained the reason why (s)he is contracted for a 4- year term. The term provides enough security without fear of retaliation for their recommendations. The Audit Committee includes a mayor's representative and a mayoral appointee. She said all higher level city employees are at-will employees and have contracts that include a severance provision. The city council will determine the auditor's salary, which is based on a defined salary range. A majority of council could vote to eliminate the auditor. Strong Mayor Task Force 2018-06-26 5 Vice Chair Warshauer moved to require a supermajority of council to remove the auditor. The motion was duly seconded and carried unanimously. Committee Member Geller moved to approve Articles V through X as presented by the City Attorney. The motion was duly seconded and carried unanimously. 3.6 Clearwater Neighborhoods Coalition (CNC) Letter The City Attorney reviewed CNC's letter(See Exhibit D) and said she discussed with Deputy City Manager Jill Silverboard the current budget process, which is similar to CNC's proposal. The strategic priorities are linked to the budget by department. In response to a suggestion, the City Attorney said project milestones, such as the demolition of the Harborview Center, are considered capital programs and not strategic priorities. The mayor would set and define the strategic priorities. The budget would identify the projects. The City Attorney reviewed the budget report timeline: May, July, April (report on the existing budget year) and May (new budget). The State of the City is presented in September and is tied back to the budget and priorities. The CAFR is presented in April. She suggested moving CNC's recommended report on the progress and implementation status of the mayor's identified strategic priorities to December as a summary of the previous fiscal year, it was suggested to modify Section 3.03(f) to include the strategic priority reporting. Committee Member Cunningham moved to accept paragraphs 1 and 2 as presented and paragraph 3, to be inserted in Section 3.03(f). The motion was duly seconded and carried unanimously. 3.7 San Diego Strong Mayor Article Vice Chair Warshauer distributed copies of an article regarding San Diego's six- year pilot experiment under the strong mayor form of government (See Exhibit E). Vice Chair Warshauer moved to consider approving similar language. Strong Mayor Task Force 2018-06-26 6 The City Attorney expressed concems with cost associated with changing the City's Code of Ordinances to implement a new temporary system. The motion failed for lack of a second. Item #4 — Public Comment David Lillesand said he was impressed with the Committee's accomplishments. Item #5 — Adiourn The City Council meeting adjoumed at 8:16 p.m. The Strong Mayor Task Force meeting adjourned at 8:16 p.m. Chair Attest: Strong Mayor Task Force 2018-06-26 7