MINUTES SEMINOLE CITY COUNCIL TUESDAY, MARCH 24, 2009

MINUTES SEMINOLE CITY COUNCIL TUESDAY, MARCH 24, 2009 The Regular Meeting of the Seminole City Council was held on, in the City Hall, City Council Chambers, 9199-113 th Street North, Seminole, Florida. Mayor James Johnson called the meeting to order at 7:00 p.m. The invocation was given by Councilor Patricia Hartstein followed by the Pledge of Allegiance. The Honorable Judge Thomas McGrady administered the Oath of Office to newly elected Council Members, Patricia Plantamura and Leslie Waters. Mayor Johnson invited Councilor Plantamura and Councilor Waters to take a moment to acknowledge their guests, in attendance this evening. ROLL CALL: Present were: Councilors Patricia Plantamura, John Counts, Leslie Waters, Dan Hester, Patricia Hartstein and Bob Matthews; Mayor James Johnson; City Attorney John Elias; City Manager Frank Edmunds and Deputy City Clerk Ginger Stilton present. INTRODUCTIONS AND PRESENTATIONS: Peter Schatzel of Wells, Houser & Schatzel, P.A., conducted a presentation on the FY 2008 Comprehensive Annual Financial Report. Peter Schatzel provided a brief overview of the highlights which have occurred during the year and upon conclusion of the presentation, invited questions or comments from Council. Councilor Plantamura asked if Mr. Schatzel knew what percentage the Municipal Firefighters Pension Trust Fund Plan went down. Mr. Schatzel stated it was around 10%. Councilor Hester congratulated, the City Manager and finance staff for their efforts associated with such a good report. Councilor Hester requested a definition on what adequately funded means, and because of the market, what impact can we expect next year? Mr. Schatzel stated that as Councilor Hester alluded to previously, since September 30 th there has definitely been further erosion, and the values of the Plan assets have gone down more than 10% since that point in time. The amount that the Plan was funded for was very close to 90% of what its overall actuarial liability was. Ninety percent funded represents a sound point to be at. The City has been making very significant contributions to the Plan in an effort to fund it soundly. Councilor Counts asked if Mr. Schatzel believes that, based on the current mix of the investments for this particular Plan, that greater than 50% are in equity backed investments, and did he find any re-balancing, or shifts in performance as a result of the investments in the portfolio. Mr. Schatzel stated that what he found was, that the current mix is typical and reasonable of what you see in most pension plans designed for growth. Councilor Counts asked Mr. Schatzel if he believed the reason for the U.S Government Securities to have a 20-25% increase was the result of the growth in that particular

portfolio, or was there a re-balancing/shift in assets. Mr. Schatzel responded that he would attribute that to a change in the mix in the portfolio. City Manager Edmunds recognized Senior Accountant Chris Trovato, and acknowledged her hard work in preparation for the auditors, adding they would not have been able to complete such a comprehensive audit had it not been for this kind of preparation. In summary, City Manager Edmunds stated, we have reduced the millage rate, ended the year solidly in the black, we were able to add to the Emergency Preparedness Fund, and provide excellent service, adding the City ended another year financially sound. 1. PUBLIC COMMENT: None. 2. APPROVAL OF MINUTES REGULAR MEETING MARCH 10, 2009. Motion by Councilor Hartstein, second by Councilor Counts to approve the minutes of March 10, 2009. UNANIMOUS APPROVAL BY ACCLAMATION 3. CONSIDER ELECTION OF A VICE MAYOR. Mayor Johnson announced he would ask for nominations, and a second in the nomination process would not be necessary, with each Council Member having one vote. The Mayor opened the floor for nominations. Councilor Hartstein nominated Councilor Matthews. Councilor Plantamura nominated Councilor Hester. Hearing no more nominations, Mayor Johnson closed the floor for nominations, and called for the vote. The Clerk announced the nominees; Councilor Matthews and Councilor Hester, and proceeded to poll Council Members. IN FAVOR OF COUNCILOR MATTHEWS VOTE IN FAVOR OF COUNCILOR HESTER VOTE COUNCILOR PLANTAMURA NAY COUNCILOR PLANTAMURA COUNCILOR COUNTS COUNCILOR COUNTS NAY COUNCILOR WATERS COUNCILOR WATERS NAY COUNCILOR HESTER NAY COUNCILOR HESTER COUNCILOR HARTSTEIN COUNCILOR HARTSTEIN NAY COUNCILOR MATTHEWS COUNCILOR MATTHEWS NAY MAYOR JOHNSON MAYOR JOHNSON NAY MOTION CARRIED 5-2 to elect Councilor Matthews as Vice Mayor. Vice Mayor Matthews exchanged seats and took his place to the right of the Mayor. 4. CONSIDER A FIRST READING OF ORDINANCE NO. 02-2009 RELATED TO EMERGENCY MANAGEMENT POWERS. The Clerk read Ordinance No. 02-2009 by title only. 2

Motion by Vice Mayor Matthews, second by Councilor Counts to approve Ordinance No. 02-2009 on First Reading. ROLL CALL: COUNCILOR PLANTAMURA VICE MAYOR MATTHEWS COUNCILOR WATERS COUNCILOR HESTER COUNCILOR HARTSTEIN COUNCILOR COUNTS MAYOR JOHNSON MOTION CARRIED UNANIMOUSLY. 5. CONSIDER THE GREATER SEMINOLE AREA CHAMBER OF COMMERCE S REQUEST FOR A ONE DAY PERMIT TO SERVE ALCOHOL DURING THE TASTE OF SEMINOLE. Mayor Johnson stated that as the Executive Director of the Chamber of Commerce, he would abstain from voting, as there may be a preconception of a conflict of interest, and turned the meeting over to Vice Mayor Matthews. (In accordance with F.S. 112.3143, Form 8B, Memorandum of Voting Conflict filed by Mayor Johnson is attached hereto, and made a part of the minutes.) The Clerk read item five. Vice Mayor Matthews asked for a motion. Motion by Councilor Hester, second by Councilor Waters to approve a one day permit allowing the Greater Seminole Area Chamber of Commerce and the Taste of Seminole sponsors to dispense alcoholic beverages for on-premise consumption during their event. Councilor Counts confirmed assurance that minors will be screened out by use of wristbands. UNANIMOUS APPROVAL BY ACCLAMATION. 6 with 1 ABSTAINING (Mayor Johnson). At this time the meeting was turned back over to Mayor Johnson. 6. CONSIDER DISSOLUTION OF THE SCHOOL PARTNERSHIP COMMITTEE. Motion by Councilor Hartstein, second by Vice Mayor Matthews to dissolve the School Partnership Committee and authorize the Mayor to send a letter of appreciation on behalf of the City Council to each member. Councilor Counts stated that this was a Committee he endorsed, and unfortunately it was not successful, adding that he was not sure if the City was ready for it, or if at the time the Committee was not properly prepared. Councilor Counts accepted some of the responsibility for the dissolution and added that perhaps in the future if better prepared it could work. Councilor Hester asked the City Manager if other than the letter, would be any follow-up. City Manager Edmunds explained the history of the Committee s efforts, and stated that the Committee was unable to gain traction on the concepts the Council was interested in. 3

UNANIMOUS APPROVAL BY ACCLAMATION. 7. CONSIDER CO-SPONSORSHIP WITH THE KIWANSIS CLUB OF SEMINOLE FOR THE 2009 EVERY CHILD A SWIMMER PROGRAM. Motion by Vice Mayor Matthews, second by Councilor Counts to approve the co-sponsorship with the Kiwansis Club of Seminole for the 2009 Every Child a Swimmer Program. UNANIMOUS APPROVAL BY ACCLAMATION 8. CONSIDER A SELECTION PROCESS FOR THE POSITION OF CITY CLERK. Motion by Councilor Waters, second by Councilor Counts to proceed with Option A as outlined in the agenda memo. Further, Councilor Waters moved to amend the motion, second by Councilor Counts to recommend the appointment of Ginger Stilton with a six month probationary period, and a customary salary adjustment of five percent. Councilor Hester asked City Manager Edmunds where she falls in the salary range; which he responded, in the lower fifty percent. Councilor Hester asked if it would be more appropriate to consider a salary adjustment in June, during her normal salary consideration. City Manager Edmunds stated the customary practice is to grant a pay raise at the time of appointment, which means future evaluations occur on that appointment date, adding that at the end of probation, should the Council wish to consider an adjustment, that they may do so at that time, as well. Councilor Hester stated he did not believe it was common to give a salary increase to someone on probation, and asked Council to reconsider that side of the motion. Councilor Hartstein stated she would not support the five percent, and her preference would be to make the appointment, set up the parameters, and later consider a salary increase. Councilor Hartstein added that she feels it is important to recognize Ms. Stilton for the job she has been doing and they should appoint her rather than go out to bid, as that, is in the best interest of the City. Councilor Plantamura said she has had professional interactions with Ms. Stilton, and it is difficult to discuss the job in front of the employee; suggesting they advertise the position and find out where Ms. Stilton s credentials fall among the general population. Councilor Plantamura requested current salary and pay grade twelve information from City Manager Edmunds, who stated he did not have that information with him, and could not provide the figures at this time. Councilor Waters shared her views to clarify; she thought Ginger has the experience as the Deputy Clerk, has worked with the former Clerk, and has the experience to move right into the position, which is a promotion, and along with a promotion is a raise, as it is done in business. Councilor Hester asked Councilor Waters if she would recommend removing the six month probationary period, and Councilor Waters answered yes. Councilor Hester stated that there is a motion and an amendment, and they would have to vote on both. Councilor Counts explained that the appointment is a promotion, and it is appropriate that she receive an increase because she is taking on a lot more responsibilities and the role of City Clerk. 4

Mayor Johnson added that he shared the same thoughts, agreeing that she should be compensated for the additional responsibilities which she has already been handling. Councilor Hester asked Mayor Johnson if they should back date and pay her for the job she has been doing, in which Mayor Johnson replied, maybe we should be. Additional discussion regarding compensation ensued, with City Manager Edmunds reviewing the options In reference back to Councilor Plantamura s previous question, City Manager Edmunds stated, the pay range established by Council is pay grade twelve with a minimum of $37,256 to a maximum of $54,021; and the employee s current pay range is above $37, 000. Councilor Waters asked Mayor Johnson if she should rephrase the motion. City Manager Edmunds interjected and suggested to the Mayor that they consider a vote on the amendment, in which City Manager Edmunds stated, the amendment is to require a six month probationary period and a five percent salary adjustment at appointment-that is the amendment. The Mayor stated we need a motion, the City Manager said no-they need a vote. ROLL CALL: COUNCILOR PLANTAMURA NAY VICE MAYOR MATTHEWS COUNCILOR WATERS COUNCILOR HESTER NAY COUNCILOR HARTSTEIN NAY COUNCILOR COUNTS MAYOR JOHNSON MOTION CARRIED 4-3. Next, City Manager Edmunds stated there needs to be a vote of the original motion as amended; which City Attorney Elias stated the original motion was Option A. ROLL CALL: COUNCILOR PLANTAMURA NAY VICE MAYOR MATTHEWS COUNCILOR WATERS COUNCILOR HESTER COUNCILOR HARTSTEIN COUNCILOR COUNTS MAYOR JOHNSON MOTION CARRIED 6-1. The City Council appointed Ginger Stilton as City Clerk, giving her an immediate increase of five percent, and placed her on six months probation, and will revisit her salary after her probationary period. Council congratulated Ms. Stilton and she thanked them, stating that she appreciated the City Council s consideration. 5

9. CITY COUNCIL REPORTS. Councilor Hartstein reported on the Suncoast League of Cities and updated Council on the May 15 th and 16 th Annual Conference, scheduled to be held at the St. Petersburg Yacht Club. The conference is open to city/county elected officials, city managers, city clerks and business leaders in the community and their guests. Participation is encouraged, and topics include transportation, water issues, and a debriefing from Tallahassee; with guest speakers on Saturday. Vice Mayor Matthews mentioned that he is in the process of gathering the information from St. Pete regarding energy savings, and hope to have it by next meeting. Councilor Waters complemented the City on a spectacular Pow Wow, recognizing Recreation Director Jim Sheets and former Mayor Reeder, for their efforts to help make it a success. As a member of the Florida Farm Bureau Committee she was invited to Millennium Park and hosted thirty third graders from Keswick for the International Harvest. March 20 th assisted staff at PARC for a fund raiser in downtown St. Pete during the Blues Festival. Attended: Pinellas Park s Country in the Park, and a fund raiser for leukemia and melanoma at Chapel on the Hill. Mayor Johnson attended the Pow Wow Parade and stated it was a great event and acknowledged everyone s efforts to make it happen. Also attended: the County Budget Hearing, reporting they have to cut 85 million dollars. He spoke to the Republican Club, and honored the Girl Scouts. 10. CITY MANAGER REPORTS. Councilor Plantamura has resigned from the Charter Review Committee, technically creating a vacancy. The Charter Review Committee has completed its initial review of the Charter, and scheduled to meet in April to follow-up on several items, regarding language and clarification. Looking for direction from the Council. Discussion centered on the vacancy, and should it be filled or move forward with the Committee of eight. Vice Mayor Matthews stated he would suggest let the vacancy stand and not fill it. Councilor Hester explained the issue (possible vacancy), was previously addressed, and suggested the minutes of the meeting be reviewed, whereby Council agreed to allow him to make the recommendation for another nominee to be considered for filling the vacancy, should the situation arise. Councilor Hester added, he takes exception with the summarization that the Charter Review Committee s work is almost finished. Councilor Hester stated he would like to make a nomination. Councilor Counts shared that he recalled differently; stating he thought they would cross that bridge when they had to, adding he recalled saying he did not believe they should have a candidate for office appointed to the Committee for this particular reason. That being said, Councilor Counts stated he did not recall saying that it was particularly Councilor Hester s - it was wait and see if it were to happen, then the Council would decide if it was a group decision or Councilor Hester s. Councilor Counts, also stated, that he apologizes, if after review of the minutes, they indicate his recollection is wrong. Councilor Plantamura read from the Charter the section addressing vacancies, and stated 6

Councilor Hester has the right to appoint a person to fill the vacancy within thirty days. Discussed further was, clarification regarding the right to nominate and the City Council s responsibility to appoint and the language in the Charter. City Manager Edmunds said he believed there was some agreement to allow Councilor Hester to make a nomination, and the Council would have to approve of the nomination by agreeing to appoint, adding he would need to verify the minutes. City Attorney stated he shared the same recollection as Councilor Hester. Councilor Waters asked if at this point, they would be considering only one nomination, and Mayor Johnson said yes. Motion by Councilor Hartstein, second by Councilor Waters to fill the vacancy on the Charter Review Committee. ROLL CALL: COUNCILOR PLANTAMURA VICE MAYOR MATTHEWS COUNCILOR WATERS COUNCILOR HESTER COUNCILOR HARTSTEIN COUNCILOR COUNTS MAYOR JOHNSON UNANIMOUS APPROVAL. Motion by Councilor Hester, second by Councilor Plantamura to nominate former Mayor Dottie Reeder to fill the vacancy on the Charter Review Committee. UNANIMOUS APPROVAL BY ACCLAMATION. CITY MANAGER S REPORTS CONTINUED: Council was reminded the City Manager would be away from the office April 2 nd -8 th, and he would attend the April 8, 2009 Charter Review Meeting. Presented a Kiwansis Club of Seminole request for Easter Sunrise Service. Updated Council on the National League of Cities Prescription Discount Card Program Acknowledged receipt of a request to waive Recreation Fees to help a group of disabled young people, participate in a swimming program. City Manager Edmunds invited Ms. Karly Bailey to come forward and outline the specifics of her request for the City Council. A question and answer period followed, and some members of Council offered to provide after the meeting, some community contacts/resources. Council agreed to schedule a workshop in the future associated with this issue. Next, a time-sensitive Memorandum of Understanding between twelve cities (St. Petersburg, Clearwater, Dunedin, Madeira Beach, Oldsmar, Safety Harbor, Seminole, Gulfport, Largo, Pinellas Park, St. Pete Beach and Tarpon Springs) and the Pinellas County Board of County Commissioners regarding the U.S Department of Justice Bureau of Justice Assistance, Justice Assistance Grant (JAG) was presented for Council consideration and action. The City Manager requested authorization to execute the Memorandum of Understanding, which would allocate $30,000 to the City to supplement law enforcement activities as part of the program. The application would be submitted 7

and administered by the Pinellas County Sheriff s Office and the benefits to the City are direct. Motion by Vice Mayor Matthews, second by Councilor Waters to authorize the City Manager to execute the Memorandum of Understanding. UNANIMOUS APPROVAL BY ACCLAMATION. Due to a conflict, suggested April 25 th from 8-12, to be held at the Community Library for the Annual Workshop Retreat, and requested Council s direction to have a facilitator. During discussion, Councilor Hartstein requested the Council be given the opportunity provide input on the topics and agenda, that they have a facilitator at little or no cost. City Manager Edmunds stated the Council would be polled and a questionnaire distributed so Council can develop an agenda. Councilor Waters complemented and thanked the City Manager, his staff, and the City for the overview and important information provided during the Candidates Information Meeting and later, during a well organized and very informative orientation for the new Councilors. 11. OLD BUSINESS. Councilor Hartstein stated she has received information regarding the final election, but has not seen the final results, adding she would like to know the total cost for this election. Councilor Hester asked the City Manager for the justification of Fire Administration overtime, which has exceeded the fiscal year allocation, as indicated on the February reports. City Manager Edmunds expanded on revenue, expenses over time, employee costs and level of service by EMS, adding at the following workshop, the Fire Budget would be discussed in greater detail. 12. NEW BUSINESS. Vice Mayor Matthews said he would meet with the City Manager to discuss placing the traffic trailers in areas of concern. 13. CONSIDER A MOTION FOR ADJOURNMENT. Motion by Councilor Hartstein, second by Councilor Waters to adjourn. UNANIMOUS APPROVAL BY ACCLAMATION. Date Approved: Ginger Stilton, CMC City Clerk James Johnson Mayor 8

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