Title
MOTION TO ADOPT PROPOSED ORDINANCE NO. 2024-17 ON SECOND AND FINAL READING.
PROPOSED ORDINANCE NO. 2024-17 IS AN ORDINANCE OF THE CITY OF PEMBROKE PINES, FLORIDA, SUBMITTING HOUSKEEPING AMENDMENTS TO THE CHARTER OF THE CITY OF PEMBROKE PINES AMENDING ARTICLE III “LEGISLATURE,” SECTION 3.09 “PROHIBITIONS;” AMENDING ARTICLE IV “ADMINISTRATION,” SECTION 4.04 “POWERS AND DUTIES OF CITY MANAGER,” SECTION 4.05 “CITY CLERK; DEPUTY CITY CLERK,” SECTION 4.07 “CITY ATTORNEY,” SECTION 4.12 “PROCUREMENT,” SECTION 4.13 “COMMISSION AUDITOR;” AMENDING ARTICLE V “BUDGET,” SECTION 5.06 “WHEN CONTRACTS AND EXPENDITURES PROHIBITED;” AMENDING ARTICLE VI “INITIATIVE AND REFERENDUM,” SECTION 6.02 “COMMENCEMENT OF PROCEEDINGS,” SECTION 6.03 “PETITIONS,” SECTION 6.04 “PROCEDURE FOR FILING,” AMENDING ARTICLE VIII, ENTITLED “GENERAL LIMITATIONS,” SECTION 8.05 “CONFLICTING CHARTER AMENDMENTS;” AND AMENDING ARTICLE IX “TRANSITION SCHEDULE,” SECTION 9.02 “ORDINANCES PRESERVED;”; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
LANGUAGE TITLE AS PRESENTED AT THE FIRST READING: MOTION TO ADOPT AT FIRST READING OF PROPOSED ORDINANCE 2024-17 TO EFFECTUATE NON-SUBSTANTIVE OR HOUSEKEEPING CHARTER AMENDMENTS.
1. In accordance with the City's Charter, a Charter Review Board (“CRB”) was convened on February 27, 2023. The appointed Board met in public meetings and held seven meetings between February 27, 2023 through August 28, 2023.
2. The CRB’s review of the Charter was comprehensive and thorough. The CRB recommended revised provisions of the Charter. First, the CRB, following substantial debate, found some substantive items that it wishes to be updated in the Charter which require referendum. Second, the CRB found some housekeeping items that may be revised by ordinance without a referendum of the voters.
3. At the April 17, 2024 City Commission meeting, the CRB draft report was discussed and tabled pending a further workshop of the City Commission to review and discuss the subject of Charter Amendments.
4. Based upon City Attorney's August 21, 2024 presentation regarding the City ballot access for a potential Special municipal Election to be conducted by the Supervisor of Election in March 2025, the Mayor and City Commission directed that an item be place on the workshop agenda for September 4, 2024.
5. At the September 4, 2024 workshop, The City Commission directed that eight (8) ordinances be prepared {one (1) housekeeping ordinances and seven (7) ballot questions} for consideration at First Reading.
6. The proposed ordinance would effectuate non-substantive or housekeeping Charter amendments by Amending Article III “Legislature,” Section 3.09 “Prohibitions;” Amending Article IV “Administration,” Section 4.04 “Powers and Duties of City Manager,” Section 4.05 “City Clerk; Deputy City Clerk,” Section 4.07 “City Attorney,” Section 4.12 “Procurement,” Section 4.13 “Commission Auditor;” Amending Article V “Budget,” Section 5.06 “When Contracts and Expenditures Prohibited;” Amending Article VI “Initiative and Referendum,” Section 6.02 “Commencement of Proceedings,” Section 6.03 “Petitions,” Section 6.04 “Procedure For Filing,” Amending Article VIII, Entitled “General Limitations,” Section 8.05 “Conflicting Charter Amendments;” And Amending Article IX “Transition Schedule,” Section 9.02 “Ordinances Preserved;”.
7. This ordinance will not require a referendum of the electors. The Florida Attorney General has opined (See Fla. AGO 93-66 (1993)) that non-substantive or housekeeping Charter amendments may be submitted to the City Commission of the City of Pembroke Pines, Florida, without need for referendum in an ordinance format.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: Not Applicable
b) Amount budgeted for this item in Account No: Not Applicable
c) Source of funding for difference, if not fully budgeted: Not Applicable
d) 5 year projection of the operational cost of the project Not Applicable
e) Detail of additional staff requirements: Not Applicable
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable