09/25/1984
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CHARTER
REVIEW
COMMITTEE
MINUTES '
Date-
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Mayor Kathleen Kelly
City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 33516
Dear Mayor Kelly~
I am pleased to report that the Charter Review Advisory
Committee has completed its deliberations. Attached hereto are our
recommended changes to the City Charter. In order to make these changes
easier to understand, they have been grouped in the following manner:
Substantive Changes, further divided into Elections, Fiscal, Property and
City Manager (Attachment l)j Minor Changes (Attachment IT}j Improved
-Wording or Punctuation (Attachment ill); and Typographical Corrections
(Attachment IV).
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CHARTER REVIEW ADVISORY COMMITTEE'
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September 25, 1984
We stand ready to present these to you and the other members
of the Commission at your convenience.
Sincerely,
~~S'.', hob, Chairman
Charter Review Advisory Committee
Attachments
cc: City Manager'
City Clerk
City Attorney
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SUBSTANTIVE CHANGES
A. ELECTIONS
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1. Article IT, Section 2.01(a): Delete present paragraph (a) and substitute the
following:
"(a) Composition. There shall be a City Commission composed of five (5)
commissioners, including the Mayor-Commissioner. The members will
occupy seats numbered one (1) through five (5) inclusive. All members
shall be elected at large by the qualified voters of the City of Clearwater."
2. Article II, Section 2.03: Replace the present Section with the following:
"All Commissioners, including the Mayor-Commissioner, shall be elected
for terms of three (3) years. Terms shall overlap, with the Mayor-
Commissioner elected one year, two (2) Commissioners elected the .
following year, and the additional two (2) Commissioners elected the next
following year. Newly elected Commissioners shall be sworn in by or at
the first regular meeting subsequent to their election."
3. Article Vill, Section 8.03: Delete the entire Section and substitute the
following:
"Section 8.03. Form of ballots.
The City Commission shall, by ordinance, prescribe the form of the
ballot and the method and manner of holding and the conduct of all
elections of the City of Clearwater.
(a) Commission ballots. Candidates for seats on the City Commission
shall be grouped according to the seat number for which they are .
candidates. Within these groups, names shall be placed on the ballot by lot.
No candidate may seek election to more than one seat in any given
, election.
(b) Charter amendment. A Charter amendment to be voted on by the
electors of the City shall be presented for voting by ballot title. The ballot
title of a measure may differ from its legal title and shall be a clear,
'concise statement describing the substance of the measure without
argument or prejudice. Below the ballot title shall appear the following
question: "Shall the above described (ordinance) (amendment) be adopted?tI
Immediately below such question shall appear, in the following order, the
word tlforu and also the word "again~t" with a sufficient blank space
thereafter for the placing of the symbol"X" to indicate the voter's choice
or if voting machines are used, the question shall 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. n
Attachment I
Page 1 of 4
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4.
Article VIO, Section 8.04: In lines 8 and 9, delete the fifth sentence and
substitute the following:
liThe notice must designate the number of the seat for which the candidate
is seeking election.ll
Article Vill, Section 8.05: Add new paragraph (e) to read as follows:
"(e) Run-off elections. If no candidate for a scat receives fifty (50) per
cent of the votes cast plus at least one additional vote, the two (2)
candidates for that seat receiving the highest and second highest number of
votes shall participate in a run-off election. The run-off election shall be
held as soon as practical following the general election. In the event of a
tie vote at any run-off, the Commission shall set a date for another run-off
election to be held as soon as practical
6. Article X, Section 10.05: Add paragraph (e) to read as follows:
5.
7.
"(e) Transition to three (3) year terms and election by seats. The five
commissioner seats will be identified according to the names of incumbents
at the time of the 1985 elections as follows: Seat #1 - Mayor Kathy Kelly;
Seat #2 - James Ca~,derbank; Seat #3 - William Justice; Seat #4 - James
Berfield; Seat #5 - Rita Garvey.
liThe three (3) commissioners voted on in 1985 (Seats #1, #2, and #3) will
hold terms as follows: Seat #1 - three (3) years; Seats lf2 and #3 - two (2)
years. Thereafter, all elections will be for three (3) year terms in the
following rotatiom
Two (2) Commissioners, Seats #4 and #5 - 1986 and every 3rd year
Two (2) CommisSioners, Seats #2 and #3 - 1987 and every 3rd year
Mayor-Commissioner, Seat #1 - 1988 and every 3rd year.
Article IT, Section 2.07(b): In subparagraph 1, delete the period after ''law''
and add ", or". In subparagraph 4, delete the period after "nottT and add ",
orTt. Add a new subparagraph 5 to read:
"5. Becomes a candidate for any other elective office at city, county,
state or federal level II
8. Article VID. Section 8.05(b): In line 2, change "February" to rtMarch."
B. FISCAL
1. Article n, Section 2.01(c)(2): Delete the first sentence and substitute the
following:
U(2) All purchases in excess of $7,500 shall be awarded by the City
Commission to the lowest responsive and responsible bidder, selected after
receiving sealed, competitive bids from no less than three (3) qualified
vendors whenever practicaL"
Page 2 of 4
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2.
Article IT, Section 2.04:. Delete the final sentence and substitute the
following:
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"Commissfoners shall receive an unvouchered expense allowance of Two
Hundred Dollars ($200.00) per month for expenses incurred in the
performance of their duties within the Tampa Bay Area, including all of
PineIlas County, and shall be reimbursed for their actual and necessary
expenses incurred in the performance of the duties of their offices beyond
the geogrnphicalllmits of the Tampa Bay Area.ll
3. Article IX: Delete the final sentence and substitute the following:
"Such ordinance shall, in addition, contain a provision requiring referendum
approval of any revenue bond issue exceeding three (3) million dollars
unless said revenue bonds nre to be issued for public health, safety, or
industrial development projects or for refunding existing debt. n
c. PROPERTY
1.
Article IT, Section 2.01(c)(4).: Delete the entire paragraph and substitute
the following:
tlSurplus 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 Commis,sion at an advertised public hearing. Except in the
case of right-of-way or easements or transactions with governmental
entities as described herein, no real property may be given away or donated
without prior approval of the electors of the City of Clearwater at a
referendum.
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"Real property declared surplus may only be sold to the party submitting
the highest competitive bid above the appraised value, except where the
real property is Pl'oposed 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 City Commission of a valid public purpose for the
transfer.
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"Surplus real property may be ,exchanged for other real property having a
,comparable appraised value.
UNo real property as of the date the revised Charter becomes effective,
identified as public open space or recreation land in the City's
Comprehensive Land Use Plan (or as may be added to hereafter), may be
disposed of without prior app,:,oval of the electors in a referendum.
"Right-of-way or easements; No right-of-way or easement which
terminates at, or provides access to, the water's edge of either a body of
salt water or a body of fresh water may be vacated for the benefit of
private individuals.
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Page 3 of 4
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"Nothing contained in this paragraph shall prevent an easement for utility
purposes from being exchanged for a new easement [or similar purposes or
from converting a fee interest for utility purposes into an casement for
such purposes.
"Leases of real property. Except for property located in an industrial park,
municipal real property declared surplus may be leased for a maximum of
fifteen (IS) years. A proposed lease of such property for more than fjfteen
(15) years shall first be approved in a referendum election.
.1IIndustrial park property may be leased up to thirty (30) years with an
affirmative vote of 4/5ths of the City Commission after a duly advertised
public hearing and may be leased for a period 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 City's investment,
including a rent escalation clause.
"All leases of municipal real property shall contain recapture and reverter
clauses. "
D. CITY MANAGER
1.
Article n~ Section 2.01(c): Add a new paragraph (c) to read:
n(c) Duties. It shall be the duty of the City Commission to discharge the
obligations and responsibilities imposed upon the Commission by state law,
city ordinance, and this Charter.
"I. The Commission shall be responsible for evaluating the job
performance of all their executive and administrative appointees, reporting
such evaluation each year in the month of October to the citizens of the
city.
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n2. The evaluation process shall be determined by the Commission and
may be by the Commission as a whole, an independent management
consultant, an appointed citizens' committee, or any combination.
n3. The results of the evaluation shall report the adequacy of
performance, recognizing areas of exceptional performance as well as
areas of improvable performance.1I
Redesignate present paragraph "(c)" as n(d)lI.
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MlNOR CHANGES
1.
Article U, Section 2.09(c~: In line 3, change "seven (7)" to "ten (10)u.
2. Article fi, Section 3.02(d): Delete the final sentence and substitute the
. following:
liThe aforementioned designation shall be limited to a period of thirty (30) days.
At the expiration of this time, the City Commission shall appoint an interim or
new City Manager in accordance with the provisions of the Charter. tl
Article IV, Section 4.03(0): After the first sentence, add the following:
3.
liThe aforementioned designation shall be limited 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
Article VI, Section 6.06(b): In line 5, after "shall" add "within thirty (30) days";
Article Vll. Section 7.02: Delete ~he first sentence and substitute the following:
"The City Commission shall appoint a Charter Review Advisory Committee not.
later than January 1, 1989,' and at least every five (5) years thereafter."
6.' Article vm. Section 8.05(c): In lines 3 and 4, change all after "City" to read
"once in the fifth (5th) week and once in the third (3rd) week immediately
. <). . preceding the election". )
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5.
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ATTACHMENT n
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IMPROVED WORDING OR PUNCTUATION
1.
Article il, Section 2.09(e):. In line 4, add the words "at leastn between "of" and
"two-thirds." In line 8, change the comma after "taxesll to a semicolon. In line
9, change the comma after "franchise" and after "qualifications" to a semicolon.
In line 10, change the comma after "services" and after "money" to a semicolon.
Add a semicolon after "plan."
Article IT, Section 2.10(s): In line 4, insert a comma after "journal"
Article il, Section 2.10(b): In line 4, insert a comma before "charged" and after
"journal"
2.
3.
4.
5.
Article ro, Section 3.03(b): In line 1, change each nand" to "or."
Article fi, Section 3.03(d): In line 1, add the words "which are" after
"Commission." In line 3, change the "e" to "s" after "Manager"'.
6.
Article lV, Section 4.01: In line 2, delete the word "itll. In line 3, delete the
word l'be" and put the colon after "shall". In subparagraph (a), insert the word
"Ben before "Custodian". Change the first letter of "Custodian" to lower case.
In subparagraph (g), insert the word "Perform" before "Such". Change the first
letter of "Such" to lower case.
7.
Article VI, Section 6.06(n): Change lines 1 and 2 to read:
"(a) Certificate of clerk; amendment. Within twenty (20) days after the
initiative petition is filed or five (5) days after the referendum petition is filed,
the City Clerk or other. official designated by the. . . ."
Article VI, Section 6.07, subparllRTaph 4: Delete the word "After". Captalize
the letter "alt which follows. .
8.
9.
Article VI, Section 6.09(b): In line 1, delete the apostrophe in "electorls". In line
2, change the first nit" to "the referred ordinancell.
10.
Article VIT, Section 7.01(b)2: In line 3, add "or special" atter "generalll. In line 4,
put a period after "certification" and delete the words "or at a special election
called tor such purposetl.
ATrACBMBNT m
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TYPOGRAPffiCAL CORRECTIONS
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Article I, Section 1.01(c): In lina ~J change "powers" to power".
Article n, Section 2.05:, In line 8, change "require" to "requires".
Article fi, Section 2.07(c): In line 5, change Ilmembers" to "membern.
2.
3.
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ATTACHMENT IV
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