09/18/1984
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CHARTER
REVIEW
, .C,OMMITTEE
MINUTES
Date
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MINUTES OP THB MEETING OP
CHARTER RBVIBW COMMITrEE
OP THB CITY OP CLEARWATER, PLORIDA
September 18, 1984
A meeting of the Charter Review Committee of the City of Clearwater was held
on,Tuesday, September 18, 1984 at 7:00 P.M. in the Mayor's Conference Room, City
Hall
Members Present:
William Schwab
Mary Lou Dobbs
Fr9.nk Donnell
Elaine Cornillaud
Lee ReguIski
Helen Theofilis
Members Absent:
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Nancy Pappas
Charles LeCher
Jerry Lancaster
Howard Groth
Jeff Butler
Chairman Schwab opened the meeting. The minutes of the September 4 meeting
were approved as written.
Chairman Schwab reported that he received a letter from Mr. Shoemalcer
addressing each item listed in the letter which the Charter Committee received from
eight City employees. It was agreed that copies would be distributed to each member
of the Charter Review Committee and to the City employees who had signed the
letter.
Chairman SchWab informed the Committee that he had been in touch with the
Mayor and advised her that the Committee was nearly finished with the review. The
Mayor stated that when the final report was available she would have it placed on the
o
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,~ agenda for the work session on Monday, October 1. At the work session the
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Commission wiIlreview the proposed changes and direct any questions to the Charter
Committee.
A "Summary of Voting 9/18/84lf is attached as an Addendum to these minutes.
The next item discussed was the proposed transition schedule (proposed
Article .X, Section 10.05). The City Attorney advised that legal complications may
arise with the proposed transition schedule. Chairman Schwob suggested two
alternative schedules. It was agreed that the transition schedule should be presented
to the Commission as originally proposed.
There was an item-by-item discussion as to which of the following categories to
place the changes as listed on nproposed ~hangesff: substantive changest minor
changes, improved wording or punctuation and typographical corrections.
The meeting was adjourned.
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SUMMARY OF VOTING 9/18/84
1.
Item #3 of "Pro osed Chan es": In the first line of paragraph 1, change
"administrative" to Ujob" 4 FOR; 2 AGAINST). In the first line of paragraph 1,
change "responsiblle" to "responsible." (6 FOR; 0 AGAINST). In the third line of
paragraph 2, change "and/or" to "or" (6 FOR; 0 AGAINST).
Item 41:4 of "Proposed Changesll: In line 3, change "responsibile" to llresponsible"
(6 FOR; 0 AGAIN~T).
Item 41:7 of "Proposed Changes": Change line 4 to read: "duties within the
Tampa Bay Area, including all of Pinellas County, and" (6 FOR; 0 AGAINST).
2.
3.
4.
Item #16 of "Proposed Changes": Change to read: ''In line 1, change each "and"
to "or" (6 FOR; 0 AGAINST).
Item #30 of "Proposed Chan~es": In line 3, change "referendum" to "revenue" (6
FOR; 0 AGAINST).
Article Xt Section 10.05: Add new paragraph (e) to read as follows:
"(e) Transition to three (3) year terms and election by seats. The five (5)
commission seats will be identified according to the names of incumbents at the
time of the 1985 election as follows: Seat #1 - Mayor Kathleen Kelly; Seat #2 -
Jim Calderbank; Seat # 3 - William Justice; Seat # 4 - James Berfield; Seat # 5 -
Rita Garvey.
"The three(3) Commissioners voted upon in 1985 (Seats #1, #2 and ti3) will hold
terms as follows: Seat #1 - three (3) years; Seats #2 and #3 - two (2) year terms.
Thereafter, all elections will be for three (3) year terms in the following
rotation:
5.
6.
Two Commissioners, Seats #4 and #5 - 1986 and every 3rd year.
Two Commissioners, Seats #2 and #2 - 1987 and every 3rd year.
Mayor-Commissioner, Seat #1 -1988 and every 3rd year."
(6 FORj 0 AGAINST).
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PROPOSED CHAllG3S
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1. AnT I, Section 1.01 (c): In line 4, change IlpotolOr:;311 to llpowerll.
2. MIT II~ Section 2,01 (a): Delete present paraGraph (a) and substitute the
.following: II (n) Composition. There shall be a City COIlL,ussion composed of
five (S) cOnnnissioners, including the Hayor-Conmdssioner. The members will
occupy seats numbered one (1) through five (5) inclusive. All mCTilbers shall
be clected at large by the qualified voters of the City of Clellrwater.lI
3. ART II, Section 2.01 (c): Add a new paragraph (c) to road: lI(e) Duties. It
shall be tho duty of the City Conunission to discharge the obligations and
responsibilities imposed upon the Oommission by state law, city ordinances,
and this Charter.
1. The Commission shall be responsibile for evaluating the administrative
performance of al1. their executive and administrative appointees, reporting
Buch evaluation each year in the month of October to the citizens of the city.
2. The evaluation process' shall be determined by the Com:rission and may be
by the CoIlt'iussion as a 1-1hole, an independent management consultant, an ap-
pointed citizens' committee, and/or any oombination.
3. The resw.ts of the evaluation shall report the adequacy of performance,
recognizing areas of exceptional per.for'2lUUlce as well as areas of' mprOTable
performance. II Redesignate present paragraph 11(0) II as II (d) II.
4. ART II, Section 2.01(c)(2): Delete the first sentence and substitute the fol-
lowing: 11(2) .All purchases in excess of $7,500 shall be awarded by the City
Commd.ssion to the lowest responsive andreaponsibile bidder, selected ~ter
receiving sealed, competitive bids from no loss t.han three (3) qualified ven-
dors whenever practical. II
5. ART II, Section 2.01(c)(4): Delete the entire paragraph and substitute the
j'ollo1>r.i.ng :
llSurplus property. Prior to the disposal of any municipal real property, the
real property must be declared surplus and no longer needed for public use by
the City Conunission at an advertised public hearing. Except in the case of
right-of-way or easements or transactions with governmental entities as des-
cribed herein, no real property m.ay- be given away or donated ..1ithout' prior
approval of the electors of the City of Clearwater at a referendum.
Real property declared surplus may only be sold to the party submitting the
highest competitive bid above the appraised value, except ,.,here the real prop-
erty is proposed to be transferred to another governmental entity. Surplus
real property may be transferred' to another governmental entity for less than
the appraised value after advertised public hearings have been held and a
:finding by the Oi ty Commission of a valid public purpose for the transfer.
Surplus real property may be exchanged for other real property having a com~
parable appraised value.
No real property as of the date the revised Charter becomes effective, ident~
ified as public open space or reoreation land in the City's Comprehensive Land
Use Plan (or as may be added to hereafter) may be disposed of Hithout f;rior
approval of the electors in a referendum.
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rROPOSED CHANGES (Can It)
S. Hight-or-way or easements. No right-or-nay or easement '.';:lich tClmnates at,
or providos acceoo to tho '-Tater' S odge of ei thor a. body of salt water or a
body of fresh water, may be vacated for the benefit of private individuals.
Nothing contained in this paragraph shall prevent an easement for utility
purposes from being exchanged for a new easement for siJuilar PUl1'oses or
from converting a fee interest for utility purposes into an easeI:1ent for such
purposes.
Leases of real property. E:tcept for property located in an industrial park,
municipal real property declared surplus rn.a.y be leased for a maximum of fif-
teen (15) years. A proposed lease of such property tor more than fifteen (15)
years shall first be approved in a referendum election.
Industrial park property JI1a3" be leased up to thirty (30) years with an af.'firm-
ativa vote of 415ths of the City Commission after a duly advertised public
hearing and ~ be leased for aperiod of time exceeding thirty (30) years if
approved at a public referendum. Leases of real property in an industrial park
shall provide for continual use for private business'purposes and shall provide
a reasonable rate of return on the Gity's investmont, including a rent escal-
ation clause.
All. leases of munioipal real. property shall contain recupture and reverter
clauses. II
6. ART II, Section 2.03= Replace the present Section l.1ith the folIol-ling: 1IA:ll
Commissioners, ll1cluding the ~~r-Commissioner, shall be elected for terms of
three (3) years. TOrmfJ shall ovel'lap, with the Mayor-Commissioner elected one
year, tliO (2) Conunisaioners elected the folloHing year, and the additional
two (2) Commissioners elected the next follovdng year. New~ elocted Com-
missioners shall be sworn in by or at the first regular meeting subsequent
to their election.1I
7. ART II, Section 2.04: Delete the final sentence and substitute the follouing:
l1Commissioners shall rece! va an unvouchered expense al101-1aIlCe of Two hundred
dollars ($200.00) per month for expenses incurred in the performance of their
duties liithin the Tampa Bay Area (to include all of Pinellas County).. and
shall be reimbursed for their actual and necessary expenses incurred in the
performance of the duties of their offices beyond the geographical limits of
the Tampa Bay Area.tI
8. ART II, Section 2.05: In line 8, change IIrequire" to "requires".
9. ART II, Section 2.07 (b): In subparagraph 1, delete the period after 1I1awtl
and add ",ortl. In subparagraph 4, delete the period after "notu and add 11,01'11.
Add a new subparagraph 5 to read: 115. Becomes a candidate for any other elec-
tive office at city, county, state or federal level. II
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PROPOSED CHAllOBS (Con It)
10. A.qT II, Section 2.07(c): In line 5, change tlmemborstl to tlmember". '
11. ART II, Scction 2.09(c): In line 3, change Useven (7)11 to tlten (10)11.
12.. llliT II, Section 2.09(e): In line 4, add the uords uat leastll between 110.1'11
and IItwo-thirds II. In line {}, change the comma after IItaxes II to a semicolon.
In line 9, change the comma after llfranchise II and after IIqualifications II to
a semicolon. In line 10, change the comma after lIservicesll and after llmoney"
to a semicolon. Add a semicolon after IIplanll.
13. ART II, Section 2.10(a): In line 4, insert a comma after "journalll.
14. ART II, Section'2.10(b): In line 4, insert a comma before II charged II and
ifter lIjournalll.
15.. M1T III, Section 3.02(d): Delete the final sentence and substitute the fol-
loWing: liThe aforementioned designation shall. be ' limited to a period of
thirty (30) days. At the expiration of this time, the City Corrunission shall
appoint an interim or neH City Manager in accordance llith the provisions of
the Charter. II .
16. ART III, Section 3.03(b): In line 1, add II/or" after, each "andll.
17. ART III, Section 3.03(d)= In line 1, add the Hords IItfhich are" after "Com-
missionu. In line 3, change the lIell to IIS" after "Manager'lI.
18. ART IV, Section 4.01: In line 2, delete the t'Tord lIitll. In line 3, delete
the iiord t1bell and put the colon after lIsha1l". In subparagraph (a), insert
the \iord "Be" before "Custodian". Change the first letter of IICuatodian'" to
lower case. In subparagraph (g) I insert the l-ford lIPerform" be.1'ore IISuch".
Change the first letter of t1Suchll to lower case.
19. ART IV, Section 4.03(c): After the first sentence, add the following: liThe
aforementioned designation shall be 1imi ted to a period of thirty (30) days.
At the expiration of this time, the City Commission shall appoint an interim
or new City Attorney in accordance with the provisions of the Charter. II
20., ART VI, Section 6.06(a): Change lines 1 and 2 to reaci: 11(30) Certificate of
clerk; amendment. ~'1it1lin t\ienty (20) days after the initiative petition is
filed or five (5) d~s after the referendum petition is filed, the City Clerk
or other official designated by the .......11.
21. ART VI~ Section 6.06(b): In line 5, after lIshallll add llwithin thirty (30)
days".
22. ART VI, Section 6.07, subparagraph 4: Delete the word "Ai'torll. CalJitulize
the lotter "a" 'Hhich follows.
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PROPOSED CHAHOES (Conlt)
23.
24.
ART VI!. Section 6.09(b): In line 1, dolete the apostrophe in "elector's".
In line 2, Ohange the l"irot lIitll to lithe referred ordinance. II
ART VII, Section 7.01 (b)2: In line 3, add "01' specialtl after "general". In
line 4, put a period after II certification II and delete the wo:..ds 1101' at a
special election called 1'or Duch purpose. II
25. ART VII, Section 7.02: Delete the 1'irst sentence and substitute the follow-
ing: .1I'1'he city Oonmussion shall appoint a Charter RevieH Advisory Oommittee
not later than January 1, 1909, and at least every 1'i VEi (5) years thereafter. II
26. ART VIII, Section 8.03: Deleta the entire Section and substitute the fol-
lowing: .
"Seotion 8.03. Form of ballots.
The City Commission shall, by ordinance, prescribe the form 01' the ballot
and the method and manner of holding and the conduct of all elections of the
City of Cle~'1ater.
(a) Commission ballots. Candidates for seats 011 the City Oommission
shall be grouped according to the seat number for which they are candidates.
Hithin these groups, names shall be placed on the ballot by lot. No can-
didate may Beok election to more than one soat in any given election.
(b) Charter atlendntent. A Charter amendment to be voted on by the elec-
tors of the City shall be presented for voting by ballot title. The ballot
title of a measure may differ from its leBa! title and shall be a clear, con-
cise statement describing the substance 01' the measure ~dthout argument or
prejudic'e~ BelO1<T the ballot title shall appear the follOiring question:
lIShall the above described (ordinance) (amendment) be adopted?lI Immediately
below such question shall appear, in the follouing order, the \-lord lifoI''' and
also the '-lord lIagainstll \-lith a sufficient blank space thereafter for the
placing of the symbol llX" to indicate the Yoter IS choice or if voting mach-
ines are used, the question ohall be placed so as to indicate to the elector
'Which lever or punch hole is used in order to cast a vote for or against.1I
27. ART VIII, Section 8.04: In lines 8 and 9, delete the fifth sentence and
substitute the follmTing: liThe notice must designate the number of the seat
for which the candidate is seeking election. II
28. ART VIII, Section 8.05(b): In line 2, change llFcbruaryll to lIHarchtl.
29. ART VIII, Section 8.05(c): In lines 3 and 4, change all after lICityll to
read 1I0nee in the fifth (5th) ;Teck and once in the third (3rd) lleek immed-
iately preceeding the election. II
30. ART IX: Delete the final sentence and substitute the following: /ISuch
ordinance shall, in addition, contain a provision requiring referendum approv-
al of any re1'erendum bond issue exceeding three (3) million dollars unless
said revenue bonds are to be issued for public health, safety, or industrial
development projects or for refl.U1ding existing debt. II
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