09/04/1984
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. CHARTER
REVIEW
COMMITTEE
MINUTES '
Date
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MINUTES OF THE MEETING OF
. CHARTER REVIEW COMMIITEE
OF THE CITY OF CLEARWA TERt FLORIDA
September 4, 1984
A meeting of the Charter Review Committee of the City of Clearwater was he Id
on Tuesday, September 4, J 984 at 7:00 P.M. in the Mayor's Conference Room, City
Hall.
Members Present:
William Schwab
Mary Lou Dobbs,
Frank Donnell
Elaine Cornillaud
Jeff Butler
Helen Theofilis II
Nancy Pappas
Char les LeCher
Howard Groth
Lee Regulski
.:) Members Absent:
Jerry Lancaster
Chairman Schwob opened the meeting. The minutes of the August 21 meeting
were corrected to indicate that Nancy Pappas was present and were also corrected to
indicate on page 2 thot the next meeting would be August 28. Also, Item 10 was added
to the "Summary of Voting 8/28/84." A draft of the rewording of Article II, Section
2.0J(c){4) (Item 4 on the "Summary of Voting 8/28/84) prepared by Helen Theofilis and
Mary Lou Dobbs was distributed. This draft would represent the official wording with
changes as noted in Item I of the "Summary of Voting 9/4/84" attached as an
Addendum to these minutes.
The next meeting will be September II at 7:00 P.M.
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StJ1.n.1ARY OF VOTn:o 9/4/84
..~ 1. ART II Section 2.01 (0 (4: Mako the follot-ling changes to tho proposed
draft: Between "11" and II C)II, add"Section 2.0111. In the second para<<raph,
line 1, after IIprop13rtyll add IIdcclared surplus". In the second paragraph,
line 2, change liS old II to "transferredll. (10 FOR; 0 AGAINST) In the sixth
paragraph in lines 2 and 3, change IIttienty" to UfifteenU. (Pi-tBVIOUSLY
VOTED 6 FOR; 4 AGAINST)
2. ART II", Section 2.01 (c) (5) whioh was added to the Charter by iteferendu.'U held
Feb 19tj3: Hake no chanr,e to present wording (5 FOR; 3 AGAINST; 2 ABSTAIN)
3. A..t:tT II, Section 2.01(b): Add a new Bubparagraph "5H to read, 115. Becomes
a oandidate for ~ other elective office at city, county, state or federal
levelll. (9 FOR; 0 AGAINST; 1 ABSTAIN)
4. ART II, Section 2.07(b): In subparagraph 1, delete the poriod aftor "law"
and add lI,orll. In subpar~raph 4, delete the period after "ootH and add
",orll. (10 FOR; O,AGAINST)
5. ART III, Section 3.02(d): Delete the final sentence. Add the follol~ in
its place: liThe aforementioned designation shall be limited to a period of
thirty (30) days. At the expiration of this time, the City Oor.t.ussion shall
appoint an interim or new Oi ty Manager in accordance rri th the provisions of
, the Charter". (10 FOR; 0 AGAINST)
6. ART III, Section 3.03(b): In line 1, add "/or" after each lIand". (10 FOR;
o AGAHIST)
1. ART IV, Section 4.01: Make no change to the present appoin~nent procedure.
<:) (10 FOR; 0 AGAINST)
8. ART IV" Section 4.03(0): After the first sentence, add the follm-rlng: "The
aforementioned desillIlation shall be li.'rlted to a period of thirty (30) days.
At the expiration of this time, the City CO:l1mission shall appoint an interim
or new City Attorney in accordance rlith the provisions of the Ohartertl. (10
FOR; 0 AGAINST)
9. ART VII, Section 1.02: Delete the first sentence and substitute the followin~:
liThe City Corum.ission shall appoint a Charter Revie1-1 Advisory COitlrl1ittee not lator
than January 1" 1989 and at least every five (5) years thereafter". (10 FOR;
o AGAINST)
10. ART VIII, Sectio!: 0004: Nake no change with respect to qualifying fee and
petition. (10 FOR; 0 AGAINST)
11. ART IX: Delete the final sentence and substitute the i'ollowing: "Such ord-
inance shall, in addition, contain a provision requiring referendum approTal
of any revenue bond issue exceeding ~ion dollars unless said revenue
bonds are to be issued for public health, safety, or industrial development
projects or for refunding existing debtll. (10 FOR; 0 AGlUl~ST). Insert a
aonetary figure of $20 million (1' FOR) 9 AGAIUST). Insert a monetary figure
of $10 m:Ulion (1 FOR; 9 AGAINST). Insert a monetary figure of $5 million
(3 FOR) 7 AGAINST). Insert a monetary figure of $3 million (6 FOR; 4 AGAlUST)
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SUI-R.tARY OF VOTING 9/4/84
ART II, Section 2.01(0 4: Make the follo~dng changes to tho proposed
draft: Betl-leen lilli' and II c) ", add"Section 2.01". In the second paraaraph,
line 1, after "property II add "declared surplus". III the second para~raph,
line 2, change "sold" to "transferredu. (10 FOR; 0 AGAINST) In the sixth
para&raph in linea 2 and 3, chanu;e IItwenty" to IIfirteenll. (Pi~VIOUSLY
VOTED 6 FOR; 4 AGAINST)
2. ART II~ Section 2.01 (c) (5) whioh was added to the Charter by iteferendu;n held
Feb 19t13: Halee no change to present wording (5 FDU; 3 AGAINST; 2 ABSTAIN)
ART I~~ Section 2.01(b): Add a nel-l subparagraph "5" to read, 115. Becomes
a candidate for ~ other elective office at city, county, state or federal
levelll. (9 FOR; 0 AGAINST; 1 ABSTAIN)
ART II, Section 2.07(b): In subparagraph 1, delete the period after 11law"
and add ",orll. In subpar~raph 4, delete the period after t1notll and add
,Il,orll. (10 FOR; O.AGAINST)
ART III, Section 3.02(d): Delete the final sentence. Add -the following in
its place: liThe aforementioned designation shall be limited to a period of
thirty (30) days. At the expiration of this time, the City Cor.unission shall
appoint an interim. or new City Manager in accordance Hi th the proTisions of
the Charter". (10 FOR; 0 AGAINST)
ART III, Section 3.03(b): In line 1, add II/or" after each "andll. (10 FOR;
o AGAIUST)
ART IV, 'Section 4.01: Make no change to the present appointment procedure.
(10 FOR; 0 AGAINST)
ART IV Section 4.03(c : After the first sentence, add the follol-ring: liThe'
orement one aSJ.gnation shall be linrl.ted to a period of thirty (30) daya.
At the expiration of this time" the City CODlluission shall appoint an interim
or new City AttorneT in accordance \<lith the provisions of the Charterll. (10
FOR; 0 AGAINST)
ART VII, Seotion 1.02: Delete the first sentence and substitute the followin~:
liThe City Comr.dssion shall appoint a Charter Reviei-l Advisory COi'Xllittce Hot later
than January 1, 1989 and at least evc'l'Y fivc (5) years thereafterll. (10 FOR;
o AGAINST)
ART VIII, Section 0004: Hake no change with respect to qualifying fee and
petition. (10 FOR} 0 AGAINST)
ART IX: Delete the final santence and substitute the foLlowing: IISuch ord-
inance shall, in addition, contain a provision requiring referendum approval
of any revenue bond issue exceeding milion dollars unless said revenue
bonds are to be issued for public health, safety" or industrial developlllent
projects or for refW1ding existing debt". (10 FOR; 0 AGAIUST). Insert a
monetary" figure of $20 mUlion (1' FOR; 9 AGAINST). Insert a monetary figure
of $10' million (1 FOR; 9 AGAINST). Insert a monetary figure of $5 million
(J FOR; 7 AGAINST). Insert a 1I1onetary figure of $3 million (6 FOR; 4 AGAIUST)
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11.
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Article II (0) (4)
Surplus prOpel"ty- Prior to the di spoBal of any municipal real property, the rool
property must be declored surplus and no longer needed for public use by the C1 ty
Commission at an advertised pUblic hearing. Except in the case of right-of-way or
easements or transactions with governmental entitioD as described herein, no real
property may be givon away or donnted "lithout prior approval of the electors of tho
City of Clearwater at a referendum.
Real property may only bo sold to the party submitting tho highoat competitive bid
above the appraised value, except where tho real property is proposed to be sold to
another governmental entity. Surplus real proporty m~ bo transferrod to anothor
governmental entity for less than 'the appraised value after advertised public hearings
have been held and a finding by the City Commission of a valid public purpose for tho
~ransfer. '
Surplus real property may be exchanged for other real property huving a comparablo
appraised value.
No 'real property as of the da.te the revised Charter becomeo effective, identified as
public open space or recreation land in the City's comprehensive land Use plan (or 03
may be added to hereaftor) may be disposed of without prior approval of the electors
in a referendum.
Right-or-way or easements- No right-of-way or easement which terminutes at, or provides
access to the water's edge of either II body of salt water or c body of frash water,
,....~ may be vacated for the benefit of private individuals.
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Nothing contained in this paragraph shall prevent an casement for utility purpooes
from being exchanged for a new easement for aimilar purposes or from converting a
fee interest for utility l~rposeB into an casement for such purpooeo.
Leases of real property- Except for property located in an industrial pork, municipal
real property declared o~rplus may be leased for a maximum of twenty (?O) yoars. A
proposed lease of such property for more than twenty(20) years. ahallfirst be approved
in a referendum election. .
Industrial park property may bo leased up to thirty (;0) yearn \'Ii th an affirmative vote
of 4/5ths of the City Commission after a duly advertioed public hoaring and way be
leosed for a period of timo exceeding thirty (,0) years if approved at a public referendum.
Loases o~ real property in an industrial park shall provide for continual US? for private
business purposes and shall provide n reasonable rate of return on the City'n invostment,
including a rent escalation clause.
All leases of municipal real property ahall contain recapture and reverter clauses.
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