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02/28/1984 . j' .' 'I' /'.. I ,." ,.~'..,,,,,,: 4':' ,.: 1,. .....,: I. . .1" .' .,,' .. . " .::". . I '. " .,':, f": " :'... : '. ", . . ...'.;'.. ': ".: " /. ,.' .. . . . '''~" - .. '" ~ . .. . . .' . .. ~..' '. ,. ,. . ~. . '\ . '. CHARTER REVIEW COMMITTEE MINUTES . Date' ;: (g 73 ' ~",~""""""""""'''"_~~:'''' ._,." c ........._.._.....~ P'" ....... ". ."'....4..... ......,~'., ]"'~,L.l......."I..~... '''';i(,-f..1::.t~fl'''''~V,''''i'':,):. "... ,., . I c' " ,. , '. '. ". ,... ,"~,: .'2<',,:~ '''';'::',":;>' ,,':: - ,,\ ,.. I " 1 . ',' I ~ ' ,_I " ,'. ,', . .'.' ,I; .. 't .' ,':.', " r ..,......._........ ,'.' ~.~~,.:..:,~ :.,:.:,<,.' . l'~' """ ": " '. ".',~ '~I ".,'.., ','.'. '. .'\:' , '.: '.".':'.:.,.... .':'1,." ;.,' .,' '," i. ~ .. '. 'J MINUTES OF THE MEETING OF CHARTER RHVIHW COMMITTEE OF THE CITY OF CLEARWATER. FLORIDA Febnl8ry 28, 1984 A meeting of the Charter Review Committee of the City of Clearwater was held on February 28, 1984 at 7:30 P.M. in the Mayor's Conference Room, City Hall. . Members Present: Also Present: William Schwab Frank Donnell Jeff Butler Mary Lou Dobbs Charles LeCher Howard Groth Nancy Pappas Elaine Cornillaud .t;. Lee Regulski "Helen Theofilis Commissioner Rita Garvey Betty Haeseker, Assistant City Manager Thomas Bustin, City Attorney Members Absent: ,r:) Jerry Lancaster Chairman William Schwob asked if there were any additions or corrections to the .~ ' minutes of the first meeting. Nancy Pappas stated that the requirement for review should be at least every 10 years after the first 5 years. Also Nancy Pappas suggested that the minutes be corrected to reflect that Mr. Shoemaker only suggested September as the deadline for the Committee's work. After discussion, the Committee agreed that September would be their goal but if they were not finished it would be presented to the voters when finished. The minutes were approved with the above two corrections noted. Chairman Schwab advised that this evening's main topic of business would be presentations by the City Manager and the City Attorney to point out any suggestions or problems relating to their experience with the present charter. The City Attorney was asked to give hIs presentation as Mr. Shoemaker was unable to attend meeting. ,.@ -1 - ,',," ~"P'" ' ""I""~" ,':.', \' J ~ ':<"'" .,' :.' ".~, d. ,:',',' ,': ',";"".'" . >~, .:. ,:":-"",,',, ,",: ',"','.,: ,,':, ':-', '> '" , . . . " , t~.\, .,' 1 ,':. .. \ 'l I' '. ,',' \ ' .. , \'. . : . , \ , , ' . ' '. .:...., ~ ('" , . , '. n' ' ' . .' , ',,' 'I " '1. ",'.', I' : ".," .~__..__..:..~. ......: .....,':., ~.,..; ':.' ", "',: . ~.,;.. ,"../, ',; "',,',' '.. ;'.'. . ' "'.'.' .').....- .' " .' c ,.,. ~ ~oc'., '.~ '. """"\ , The two primary problem areas experienced by the City Attorney were: (1) Page 3, Section 201 subparagraph C 4 - These provisions were put in due to problems with respect to property leases with terms that were too long. This provi~ion has become too burdensome and ties down simple transactions and various examples were given. After discussion, it was decided that the provision needs to be reworked as it includes too much within its scope. The kinds of leases to be restricted needs to be addressed. The City Attorney was asked to propose some new language to the Committee. Mr. Bustin also experienced difficulty with Article 9 Fiscal Management Procedure, page 17, last sentence regarding $1 million limit. Suggestions were made regarding raising or eliminating the limit or substituting an escalating scale. After discussion, it was suggested that this item along with the lease provision above be put on the agenda for the next meeting to provide time to review the provisions. The Chairman suggested that the present Committee talk with members of the first C) charter committee regarding rationale of these two provisions. Betty Haeseker was asked to provide the names of prior committee members to this Commitee. The City Attorney was asked if it were possible for the city commission to evaluate the City Manager staff annually or twice a year outside the sunshine law. Mr. Bustin advised that it would require state legislation. After discussion regarding whether this evaluation should be public or not, it was decided that this item should be put on the agenda along with the above two items for motions and voting at next meeting. Charles LeCher asked whether a simple majority was needed to pass on above motions and it was concluded that the vote would be the majority of those present. He also asked if it would be possible to have a minority view presented to the commission. " After discussion, it was decided that this would be done. ~ -2- ~1,;t~"",~""""'.""'-"""."'~_''''-+_~'~.....,...~'l;.J. .......:...I""~~..""......f_.,....,._.._.......4...........n--- u. . .,~ " '-"'0" __r ~l..,....~ ':L', I' ."1 ~ it....} +.:, ,........:.~" ,'".:'.,': '~.,' ',' ,."." ,'~" ,', "~>;.:,' :.: ",,"".~' ,~, ",;.':.-; :";""';"". '\;"","'~...-;" . . . . . '. , ;, 11,'1 . - II' I I. . 1 ,\ ; " I.' L.. . '\", ' . " . . 'L " .. \, ' " . , '. '.' " '. '. ,:.~' .."'..........._;......""'.....:.~'.~,;..._ - ~'...~.J.,. j, ....1 '.:' . ""~'::".': I,.:. ,.; ,'~'~ .... ..",.", '1"1'.' '.~ .,..""., . t' , " 1". "c'.. '.c ,. ~ " ...., r .. ,~ The procedure for reviewing the charter systematically was discussed and when to vote on any changes proposed, but discussion not concluded at this point. Betty Haeseker requested that at the next meeting the City Manager be allowed to present to the Committee some of the problem areas he has encountered. The City Attorney advised that he hasn't encountered any particular problems with any other sections of the charter as they were typical provisions other than the two unusual ones he presented previously. It was suggested that in conjunction with the proposed annual review of the City Manager an annual review of the City Attorney also be considered. A question was asked re Section 4.04 B page 11 Special Counsel and Mr. Bustin advised that outside counsel reports directly to commission in some lawsuits but not alL. It was also asked whether it should be stated in the charter that the City Attorney must be a specialist in municipal law. After discussion, it was concluded that the :::) Commission makes the appointment and would review the attorney's experience. There was some discussion regarding the mayor's veto power with respect" to eliminating and speeding up readings of ordinances. The City Attorney advised that a change would have to be made in Chapter 166 of the Florida Statutes and that a recent Attorney General opinion discouraged any change. It was brought up that City departments were previously asked to submit any changes they thought necessary to be presented to the city manager and that this material should be compiled and presented to Committee. Viewpoints were given on mayor's authority and commissioners' and city manager's role and also length of commissioner's terms and method of voting for commissioners. ~ - 3 - . .' '....--.".... "",. ':.'" ',: "./'.'.'., """<',"'::,' .','.,.... ;'.., ,'....,'.:.. '" ..' \ " ,..,<:::' , . . , : "A ~ ,'. I / ,',. .-;. , . . " '(', . ~ ."' ~ ',./',' " I . I I . , . , , t'. . .' 1 . 'I '. .. .' - ..J. ", ,,':, I" . l '. ,," , " ,~ " ".., . ~ .' ,. .', . <. c. .~" 'c. < ..' ,'.... , .") The Chairman proposed that for the next meeting Article I and Article II up to 206 (page 2 th~ough top of page 5) be put on the agenda for discussion. The tapes recorded at the committee meetings will be typed up and will be available at the City Clerk's office. Committee members absent from meetings are urged to listen to the tapes before the next meeting. Chairman Schwab reported that he talked with St. Petersburg Times reporter concerning getting some publicity regarding citizen input to the Committee to be put in writing to City Hall. The meetings are open to the public and if any member would ~ke to bring in an expert to present views concerning a subject on the agenda it is permitted. The discussion will be informal except for voting on particular changes. Notice of items being voted on should be given in advance. It was suggested that the whole charter be reviewed once before voting on any item. After discussion on voting procedure, it was decided that a majority vote of the o members present would be sufficient and that 6 would be a quorum. The next meeting will be March 6. The meeting was adjourned. \ (ita '" -4- :.;" I"\:!'~:';"\-' ~~:;