CITY OF CALLAWAY COMMISSION REGULAR MEETING, OCTOBER 23, 2012, 6: 00 PM MINUTES

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1 CITY OF CALLAWAY COMMISSION REGULAR MEETING, OCTOBER 23, 2012, 6: 00 PM MINUTES Mayor Abbott called the regular meeting of the City Commission to order at 6: 03 p. m. Commissioner Henderson gave the invocation; Commissioner DeLapp led the Pledge of Allegiance. Present: Commissioner Dennis DeLapp, Commissioner Dave Otano, Commissioner Ralph Hollister, Mayor 7homas W. Abbott and Commissioner Pamn Henderson. A(so present were City Manager Marcus Collins, City Clerk Jennifer Vigil, City Attorney Kevin Obos, Planning Director Michael Fuller, and Finance Director Alice Bennett Mayor Abbott called for additions, deletions or any items to be pulled from the Consent Agenda for discussion. Seeing none, Mayor Abbott moved into the Employee Longevity Presentations for Richard Addison and Patricia Johnson; both with 15 years for service to the City. PUBLIC PARTICIPATION Non- A enda items. None. APPROVAL OF MINUTES. Commissioner Otano moved to approve the minutes of the Regular Meeting of October 9, 2012; followed by a second from Commissioner Hollister. All ayes. REGULAR AGENDA 1. Early Debt Retirement City Manager Collins and Finance Director Bennett made a presentation recommending early retirement of three of the five long-term general fund debts; stating the benefit of paying off the Arts & Conference Center, the Leisure Services Maintenance Building, and the new Fire Truck would allow future year savings to be allocated toward retiring the remaining general fund debt. Finance Director Bennett stated that even though reserves would be used to retire the debts; the reserve balance would still be in compliance with the 25% reserved fund balance policy enacted a few years earlier. Mayor Abbott inquired whether or not a budget revision would be necessary; to which Finance Director Bennett responded a budget revision resolution would be brought back to the Commission for approval if they directed staff to move forward with the early retirement as recommended. Commissioner Otano moved to direct staff to move forward with the early retirement of the three long-term general fund debts as recommend and to return to the Commission with a budget revision at the next meeting; followed by a second from Commissioner DeLapp. All ayes. City of Callaway, Regular Meeting Minutes, 10/ 23/ 12 Page 1 of 5

2 Bill Brown, of 6023 Howard Road, inquired about the 30 year debt; to which City Manager Collins responded that the 30 year bond was from the enterprise funds; and the City was engaging in a utility rate study to determine how that debt could be handled. Finance Director 8ennett stated the 2037 utility bond could not be readdressed until 2017; but the 2018 bond ( for the water tank) could be readdressed. Shelley McKinney, of 1424 East Park Road, inquired whether there were any prepayment penalties associated with the three long-term generaf fund debts; to which Finance Director Bennett responded no. 2. Arts & Conference Center Fee Waiver Request Mayor Abbott introduced Roger Koetzle to address the Commission regarding his request for facility fee waiver. Mr. Koetzle explained that the Anchorage Children' s Street Outreach Program had lost its government funding and he represented a gospel music group that would raise money for the program to continue. He explained that it is of community-wide importance to help the children of the area that have no where else to turn. He further stated it would be free family entertainment for the whole community to enjoy and help raise money for the program. Mr. Koetzle requested the Commission waive the facility rental fee for the purpose of having a fundraising gospel concert on November 17, Mayor Abbott inquired whether or not that date was available, to which Arts & Conference Center Director Wynn responded that it was available. Commissioner DeLapp stated he supported the fee waiver. Commissioner Otano stated he was sympathetic but he felt approval would attract more waiver requests. Commissioner Henderson stated she agreed with Commissioner Otano. Mayor Abbott stated that he believed it was a worthwhile event; and that they get various requests every year and he believed some sort of criteria for fee waiver approval needed to be in place. He further stated he felt a policy was necessary because case by case consideration could bring open the City to criticism. Mr. Koetzle stated the group would be willing to pay a portion of their proceeds; but the upfront cost of the facility would make it impossible to hold the benefit concert. Mayor Abbott asked City Manager Collins to network with other municipalities and find out how they handle waiver requests. Commissioner DeLapp stated the Commission should approve this requ st because the Anchorage Children' s Home Street Outreach Program was in need; and then have staff come back with recommended criteria for a fee waiver policy. City of Callaway, Regular Meeting Minutes, 10/ 23/ 12 Page 2 of 5

3 Commissioner DeLapp moved to approve the fee waiver request for the gospel benefit concert to support the Anchorage Children' s Home Street Outreach Program with the understanding that criteria for future waiver requests needed to be established; followed by a second from Commissioner Hollister. David Griggs, of 7111 Winona Street, stated the Anchorage Nome lost its government funding not its private funding; reminded the Commission that they said they would be establishing/ reviewing rates; and stated the issue should be looked at by the Sports & Recreation Committee. Mayor Abbott called for a vote. Motion passed 3-2 with Commissioners Henderson and Otano dissenting. 3. West Florida Regional Planning Council Lease Agreement City Manager Collins stated staff and the City Attorney had reviewed the lease agreement and recommended the Commission authorize the Mayor to execute the lease agreement. He further stated the lease would generate a rental income of $490 per month. Attorney Obos added that West Florida Regional Planning Council would be providing their own telecommunications, furniture, etc. and the City would be responsible for electricity for the building. Commissioner Otano moved to authorize Mayor Abbott to execute the lease agreement with West Florida Regional Planning Council; followed by a second by Commissioner Hollister. All ayes. 4. Audit Committee Task Procedure for Reporting Suspected Fraud Commissioner Henderson stated the Audit Committee had been discussing alternative venues for employees to report fraud; and the Audit Committee wanted the Commissions thoughts on whether they should be tasked with creating a procedure for reporting suspected fraud. She stated the Audit Committee had a meeting scheduled for Thursday and that she felt the Audit Committee should seek the guidance of the external auditor. Mayor Abbott stated that current guidelines allow employees to report to their immediate supervisors or the Human Resources Department; and stated that he would not want to do anything that would go outside the City and abrogate the authority of the Commission. Mayor Abbott asked for clarification of the request; whether it was just for the Audit Committee to talk to the external auditor or if it was something more extensive. City Attorney Obos stated he agreed with Mayor Abbott. Commissioner Henderson stated that an empfoyee may not feel comfortable enough to report issues to the City Manager. Commissioner Otano inquired who empfoyees could report things to; to which City Clerk Vigil responded that the role of Human Resources is to follow up on all issues reported whether they be discrimination, harassment, suspected fraud, or otherwise. City of Callaway, Regular Meeting Minutes, 10/ 23/ 12 Page 3 of 5

4 David Griggs, ( from the audience) stated that the employees do not feel comfortable and the external auditors have stated that something needs to be done. City Clerk Vigil responded that external auditor Angela Balent, of Warren Averett has sent letters that employees could directly report suspected fraud to them and has even offered training so that employees would understand what constituted fraud. The consensus of the Commission allowed the Audit Committee to talk to the external auditors from Warren Averett regarding the aspects of creating an alternative venue for employee reporting of suspected fraud. 5. Ord. # 928 First Reading Creating a Code Enforcement Board City Clerk Vigil explained that per direction of the Commission, Ordinance # 928 had been drafted to create a Code Enforcement Board; and that due to recent issues with obtaining sufficient volunteers an alternative for a special magistrate proceeding had been included. City Attorney Obos read Ordinance # 928 by title. Commissioner Henderson moved to approve the first reading followed by a second from Commissioner Delapp. of Ordinance # 928; David Griggs, of 7111 Winona Street, inquired whether the Commission recognized the Ordinance required the Code Enforcement Board composition had to be business people; to which City Clerk Vigil responded that there is no requirement to be business people but the Florida Statute does suggest that it be specific people " where possible". Mr. Griggs inquired whether the Code Enforcement Board would hold regular meetings; to which City Manager Collins stated he felt it should initially be once a month to discuss any notice of violations issued. Mr. Griggs stated a Code Enforcement Board cannot update the Codes; to which Mr. Collins responded that a Code Enforcement Board can make recommendations to the Commission for consideration. Commissioner Otano inquired about the compensation mentioned in Ordinance # 928, Section 4; to which Attorney Obos responded that is specifically for Special Magistrates. Seeing no further discussion Mayor Abbott called for a vote; all ayes. 6. Ordinance 929 First Reading Changing time of Planning 8oard Meeting Planning Director Fuller explained that Ordinance # 929 amends a previous ordinance to change the time and meeting place of the Planning Board because the information is out of date. Mayor Abbott stated this does not change the function and action of the Planning Board; to which Planning Director Fuller stated that was correct. City of Callaway, Regular Meeting Minutes, 10/ 23/ 12 Page 4 of 5

5 Attorney Obos read Ordinance # 929 by title. Commissioner Hollister moved to approve the first reading of Ordinance # 929; followed by a second by Commissioner Otano. All ayes. OPERATIONS UPDATE City Manager Collins The new fire truck will arrive in approximately two weeks. Thanked City Attorney Obos for work done on the WFRPC lease agreement. CITY CLERK' S REPORT City Clerk Vigil ( NoneJ COMMISSION COMMENTS Commissioner DeLapp None Commissioner Henderson Attended IMEO conference and stated it was very beneficial. Commissioner Otano Attended IMEO conference and stated he was provided tons of helpful information and that he brought back some ideas and has shared them with the City Manager. Commissioner Hollister None Mayor Abbott Attended the West Florida Regional Planning Council Meeting; stated the Council will begin to review / revise the mission to make it clear in every day language for municipalities to better understand how the agency can be useful. ANNOUNCEMENTS: Veteran' s Day Parade is Saturday, November 10, 2012 at 2: 00 p. m. and unfortunately there would be no USAF flyover. Next regularly scheduled meeting is November 13, Audit Committee meeting is October 25, 2012 at 6 p. m. Meeting adjourned at 6: 55 p. m. F FL ; '. (., Jen ifer M Vigil, City Clerk City of Callaway, Regular Meeting Minutes, 10/ 23/ 12 Page 5 of 5