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10/18/1988 (2) +<.,j.,/, -.'.,:'.' ......, '.I,.~. . "':';'~~~""'''_!'O:~~.~J''j,~.........z,:~.;I"',,.:.~',' :,:,~ ",.'.: :"" ...'..'.,.,,: " ,,'.~',:'..:. ,'. ' """','.' '" ";',' :,": ,. c . 1> , , , " .. o ,,' , '. .... . ., , , , ' '.... . .0 ~'.. 1- " CHARTER REVIEW . COMMITTEE MINUTES Date 0 etJhr Ii; fl8g '1~~ . '.j ': '" ~, \ ,', " ., ,,"', ',',: .'...'~ " ,;" ::' "" :, <:,,:",:', ,', '.'" " '" :'" " '. " , ',' " '..: "\~. " " ','" '.-. "'~." ,:,' ' 'I ," , ,:( , , '."L ..,".;...,'.: :...,I,:..l..'..::~.I...~,.'..:;.:.. ..._....l:.:...=:~~';.f;-;,:~I..'~.,o;.,I:,~,'; .:~..'l .' :',: :. .J....:','.' "'~" .' '~'. "'"p', '. "'::", "/:,~,,,,: .j..', .,,1, ,'.' ','. :' .J'.,. '. .' ! '. ~ . ~ ,,' . ,.' l' ,:' , :'.. ~ i~ CHARTER REVIEW COMMITTEE MEETING October 18, 1988 The Charter Review Committee met at City Hall on Thursday, October 18, 1988, at 6:30 P.M. with the following members presentl Trish Muscarella, Chairman John Tsacrios, Vice-Chairman Ron Crawford Mary Lou Dobbs Jackie Tobin Roy May Carol Nielsen Absent: Marian Justice Charles LeCher Joanne Faruggia Also present: ,::) Cynthia E. Goudeau, City Clerk The Chairman called the meeting to order at 7:00 P.M. Minutes of October 13. 1988. The Chairman pointed out that on page 1. second paragraph, next to the last line, should read "that members of the Committee should not meet privately to discuss any of the issues." John Tsacrios moved to approve the minutes of October 13, 1988 as amended. Motion was duly seconded and carried unanimously. General Considerations. The Chairman referenced Dr. Crawford's recommendations and agreed that there are inconsistencies in the language and that plain English is needed throughout the Charter. A question was raised regarding the title of the Charter and whether or not it should read WThe Charter of the City of Clearwater, PinelIas County, Florida." Jackie Tobin moved to remove the headings Wpart 1 and sub-part A" from the first page. The motion was duly seconded and carried unanimously. ......;Sh .., 4 , " \, , \. " , '.." " ' .' , . , ' " I " , " ", " ", \" "'~""("'" '''",',::'''''.,' 'I' '," ,... ,...".'",",",'.,",' , ,.' " ,J. . . . '. . . I '. 'I ~ J. I" , ~. . 1 . ' .' , . , ' , ';' " " .'. " '.-. \ -.", 1 ' I " -. '.. ~ , ' " " ' . I . . . ' .' 'I , " I',.. '." r I, '. .,'; :",'" '>:':".~:':.~':',",:-': :\"'.~:::'I....~.:........:'jJ.""''''~':_'':''''''''''';~'~'~''I''''.''\1,1'~'-l"",I:.'..',4, '~',': .",':"'. ',",,:, >';,'.'....:',.\.,;.:.!,..:"...~.>,' '" "..' :.', ," ,J '.' ~ I I " , ') Roy May moved to title the document as "The Charter of the City of Clearwater." The motion was duly seconded and carried unanimously. Generall v. The Chairman requested direction from the Committee regarding the sequence in which things should be discussed. She stated that in Dr. Crawford.s proposal. the election is incorporated with Article II. She questioned whether or not the Committee wished to wait until the current election article is discussed to consider whether or not to move that article. Dr. Crawford indicated he had not Charter simply rearranged the format. to discuss the rearranging of articles current Charter. changed the wording of the current It was the consensus of the Committee as those articles come up in the Article I - Cor~orate Existence and Powers. (.:J Discussion ensued regarding the title of Article I as it currently exists. A question was raised regarding whether or not. due to corporate boundaries being a part of the article, it should be included as part of the title. Concerns were expressed regarding the need for Section 1.02 "Corporate boundaries" and its intent. Jackie Tobin moved to leave the title of Article I "Corporate existence and powers" as is. The motion was duly seconded and carried unanimously. Section 1. 01. Recommendation was made that in the third line of Section A. the words "and such existing municipal corporation" be deleted ss it is unnecessary. Discussion ensued regarding definitions of laws. acts. etc. A suggestion was also made that in Section 1.01(s), the first line should read "The City of Clearwater. Florida. as hereinafter referred to as City as created by Chapter 97-10. etc." Jackie Tobin moved to delete the words "and such existing municipal corporation" from Section 1.01(s). The motion was duly seconded and carried unanimously. John Tsacrios moved to insert after the words "Clearwater, Florida" in Section 1.01(a) nhereinafter referred to as City." The motion was duly seconded and carried unanimously. Section 1. 01 (b) . A question was raised regarding the definition of the term ncivil divisions- as used in the next to the last line of this section. The City o s ---.........~'dh:'J-.I.~~..i~.....,;H,~,i;t" :..,,';'L.:~" . .,...........c : l'l.. ~ i 'E': ': !',.}" r., r...., :<i~',:,,'>' ","",,~,"\,. .,:'~ >,',,<"" ",~, , \' " ','1,., '..,.I.,:',J.~",.,[::.J,', ...."':,"" ....::".,.......'.,.: ,::j::;.......'.::.!: . ,..{.,.....;...:~_._4......!"'~,~;::''\...~..-J.:..:..~.'..~:;I.. ::.,': ".. ..."'.,~", ..:~~::' :.. ",.,,.' ""'".::,.~,':.".,l:"...:.......',,., .,' ~/~:.:~,~.. ...,",.j,'..L \ " ' i ..-..... I Clerk indicated she would obtain a definition for the Committee. A suggestion was made that the phrase "jointly or in cooperation" should be placed after the phrase "by contract or otherwise." John TsacrioB moved to transpose the two phrases jointly or in cooperation and by contract or otherwise in Section 1.01(b). The motion was duly seconded and carried unanimously. Section 1. 01 (c) . A question was raised regarding the Charter being liberally construed in favor of the City. General feeling was that this was to protect the City from lawsuits and was equal to a constitutional elastic clause. There were no objections to this remaining in the Charter. Concerns were expressed regarding the wording of the last sentence of this section. Jackie Tobin moved to change on page 2, line 2, to read "of a particular power in the Charter, etc." The motion was duly seconded and carried unanimously. Section 1. 01 (d) . :) Questions were raised regarding whether or not the words "general or special acts" should be laws, and it was stated that whatever the Committee decides, the verbage should be consistent throughout the Charter document. A suggestion was made that this would be an area in which definitions would be neoded, and a question was raised regarding whether or not qualified voters needs to be defined. Further discussion ensued regarding the meaning of special acts, laws, and state statutes. The City Clerk is to request definitions of those terms. Section 1.02. A suggestion was made that the words "shall remain fixed" pertains to the fact that once annexed an area cannot Bucede from the City. Concerns were expressed that "shall remain fixed" is obsolete and needs to be clarified. Jackie Tobin moved to leave Section 1.02 "Corporate boundaries" as is. The motion was duly seconded, Upon the vote being taken, Membe~s Dobbs, May, Muscarella, Nielsen, Tsacrios, and Tobin voted "aye." Membert Crawford, voted Mnay." Motion carried. Article II LeRislative. \:J In Dr. Crawford's recommendations, he had included renaming this section. Discussion ensued regarding the purpose of the section and whether or not it should be renamed "City CommissionM. It was stated that legislative is more encompassing than City Commission and that it follows the constitutional aspect where there are legislative and administrative branches. 6 '. :""'~'.' ,..', ':: ,"",' '.'.' .':i"" ,;, """,:,.,'",~.. :,: ',':,: ','..,'",,,';::':' , ".: '::"~ ':,," ,':"," ': ",' ", " ,",' '.-.' \' ,-,!",. " t",:,,': "":(~I"',.' . ' , ''', . . , ..' . . . _t ' " .'" _ " I' , " '.' ' :",;",:', '.'~: ,'.::::\:.';" '.,..~..:.:.:.:....;...,...:,~..;.~h.',.:;.' .~'.>....'I.~\.'.......'.,' "l'! ":' ',..' '.',,!:.' .....:' ~", :,~.,'. ....,.: '\""""\"~'~I.' ',';'::. .....,..",1..:" '~:,:-:j..' " . . I,,' >: . /} Jackie Tobin moved to title Article II "Legislative." The motion was duly seconded. Further discussion ensued regarding whether or not the term "legislative" applied to this section or whether or not titling it "City Commission" would be more appropriate. Upon the vote being taken, Members Dobbs. May, Muscarella. Tsacrios, and Tobin voted "aye." Member. Nielsen, voted "nay." Member. Crawford, abstained. Motion carried. A concern was expressed that the Committee not get so involved in definitions. verhage, etc. and overlook the real thrust of the pommittee. It was felt .that the Committee should assume the Charter is reasonably 'Well written and concentrate on changes in overall policy that may be needed. Discussion ensued regarding the need for addressing the two issues, housekeeping and policy. It was felt that the Committee did need to get into the bigger policy questions and that there may be some suggestions from the departments. In response to a question, the City Clerk indicated that staff input has not been previously forwarded to the Committee in an effort not to unduly influence them regarding the needed changes to the Charter. ,J>tIl4t. i~t:~~,1 Roy May moved to request City Commissi~n permission to seek staff input and information through the City Manager. The motion was duly seconded. Upon the vote being taken. Members. Crawford, May, Muscarella, Tsacrios. voted "aye." Members, Dobbs, Nielsen, and Tobin, voted "nay." Motion carried. Discussion ensued regarding what should be accomplished for the next meeting. The Chairman recommended that the Committee members come back with suggestions on overall policy changes that the Committee may wish to consider; that they look at any staff's suggestions that have been received; and they finish discussion on Article II. A question was raised regarding whether or not the Committee should consider changing the number of members that would constitute a quorum. John Tsacrios moved to rescind Committee action at the previous meeting setting the quorum at seven (7). The motion was duly seconded and carried unanimously. John Tsacrios moved to set the quorum for subsequent meetings at six (6). The motion was duly seconded and carried unanimously. Section 2.0(a). t.'\",ih .. Question was raised regarding whether or not "qualified voters" needed to be further qualified. It was decided that no further clarification was needed. 7 --Qt(iLi1'~~.~";.'~':''''I'.j.i,.' ."... /!..:~. . ..' ~ . , '1...... ~. . l.f t. . n, 'h.....t...,~'iJ1 , ~',<~":.::',:.:;' :,',:',;;..>:L :<-'>'_:':\ ....:, ,~ ", ,\ ''''. '" " I II ..' ',' .".' ,( 1..", , _' ,:.:.., ': ,>,'..1....:,.,':.. ..I..........._,_..~~~:..~...~~..~.'..-jl.d':...::..~.: ..' ,'. ',"'::::' ::'.' ',:. :.,' ,'.,: I":':;':,':' :f.,:';.......', .'...:'..': ,,".. >,' '. " , ' c. \"~ ..~ >. .,.. ~ r n \. 't'" ..' 't . ..... ~ ....,J..~..I ., l.: ,u. ,', '., \ ;': > i ( .'." ,. . ~., ~ ~. ~'r " 'I 1 . . . r) 1 f."'. Section 2.01 (b). It was pointed out that due to previous Committee action the words "of Clearwater" should be deleted from the first line. Section 2. Ol( c } . Discussion ensued regarding whether or not subaections 2 and 3 of this section are actually subsections of subsection 1 and that the verbage of 2 needed to be amended to add the word "made" between the words "be and by" at the end of the first line. It was also suggested that in order to be consistent that "hereinafter referred to as the Commission" be included in 2.01(a). John Tsacrios moved to change 2.01(a) to insert the words "hereinafter referred to as the Commission" between the words "Commission and composed" in the first line. The motion was duly seconded and carried unanimously. John Tsacrios moved to amend Section 2.01(c)(2) to insert the word "made" between the llords "be and by" at the end of the first line. The motion was duly seconded and carried unanimously. (:) A suggestion was made that the duty section may need to be expanded. The meeting adjourned at 9:00 P.M. fir-fIU/5- m,jJ<e'L;~ Chairman ATTEST: " Dr '\-I~;; . ~;, ~. , City, Cle~k, ..'~ G 8 ,-';?~, ".'>":',':'.,i,.'. :~q"" >, -'. :, :':' .,'~,. .' "','". ,j,l" .,1, .,1, ,.1", .' ,.'..