10/26/1988 (2)
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CHARTER
REVIEW
COMMITTEE
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MINUTES
'Date
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CHARTER REVIEW COMMITTEE MEETING
October 26. 1988
The Charter Review Committee met at City Hall on Thursday. October 26,
1988, at 6:31 P.M. with the following members present:
Trish Muscarella, Chairman
John Tsacrios, Vice-Chairman
Ron Crawford
Mary Lou Dobbs
Joanne Farrugia
Roy May
Carol Nielsen
Vic Spoto (appointed by Commissioner Nunamaker in place of
Charles LeCher)
Absent:
Marian Justice
Jackie Tobin
Also present:
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Cynthia E. Goudeau, City Clerk
The Chairman called the meeting to order.
Minutes of October 18. 1988.
The approval of the October 18, 1988 minutes was continued to the meeting
of November 2, 1988.
General Discussion.
The Chairman recommended that the Committee attempt to complete its work
by the end of November in order to give the City Commission time to review the
recommendations presented to it. Consensus of the Committee was that this is
appropriate.
The Chairman reported that one of the motions made at the previous
meeting, which deleted the headings "Part lK and "Subpart A," needed to be
rescinded as these are not part of the text of the Charter but are part of the
Municipal Code Corporation's codification of the Charter and the Code of
Ordinances.
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Mary Lou Dobbs moved to rescind action taken by the Committee deleting
the headings "Part.l" and .Subpart A" from the first page of the Charter. The
motion was duly seconded and carried unanimously.
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Review of Staff Input.
Discussion ensued regarding the recommended amendment to Section
2.01(d)(2) that calls for all purchases in excess of $7.500 to be awarded by
the City Commission. Several staff members have recommended that the dollar
amount be increased to $10,000.
Concerns were expressed regarding the need to have better control
regarding the purchase of items by the City.
In response to a comment that the City Commissioners have not expressed
displeasure with this provision, several board members indicated they had
heard at least one Commissioner express dissatisfaction with it.
It was stated that the Charter Review Committee needed to be looking at
those proposals in light of does it best serve the citizens of the City of
Clearwater.
Discussion ensued regarding inviting the staff members that made the
recommendations to attend the next Committee meeting to present their
rationale behind their recommendation.
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Concerns were expressed that it WBS paramount that the rationale behind
staff's suggestions be submitted and that there be a deadline for submission
of staff input to the Committee.
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Discussion ensued regarding the time frame in which the Committee has to
work and it was the consensus of the Committee to invite Floyd Carter, Central
Services Director; Dan Deignan, Finance Director; and Al Galbraith, Jr., City
Attorney to the next meeting to discuss their recommendations. It was
requested that the City Manager be asked, if at all possible, to set a
deadline for staff input for November 2nd and that rationale for the
suggestions be included with those submissions. It was also the Committee's
consensus to invite Ron Rabun, City Manager. to any and all of the Committee
meetings he wished to attend.
Charter Review Committee's SUR~estions ReRardine: Areas to be Considered for
Policy Chane:es.
It was stated that Section 8.05(b) needs to be amended to recognize the
fact that now there are three-year terms for the Commissioners and once every
three years, there is no election.
Discussion ensued regarding Section 8.04 - Nominations. and whether or
not the requirement for 8 $25 filing fee and the submission of 250 signatures
of rggistered voters of the City of Clearwater are appropriate requirements
for qualifying for office. It was stated that the $25 filing fee is an effort
to not exclude anyone due to their economic status.
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The City Clerk was questioned regarding her opinion regarding this
requirement and she stated, while she agreed with the philosophy in regard to
the filing fee not being 80 high that it excluded anyone from running for
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office, she did feel that the 250 signatures was insignificant and that either
that requirement should be eliminated or raised to an amount that would be
significant.
John Tsacrios pointed out that in the Pensacola, Florida Charter, it
required a $50 filing fee or, if any individual could not pay the fee, they
would then qualify through the petition process which required ~ignatures of 5
percent of the registered voters. Further discussion ensued regarding the
need to amend this requirement.
Roy May moved not to alter the number of petitions or the $25 filing fee.
The motion died for the lack of a second.
It was determined that this item would be discussed at the time Article
VIII came up in the Committee's discussions.
Another suggestion by the Committee for consideration of changes was that
there are several areas in the Current Charter that should be relocated under
Section 2.01(c) - Duties (of the City Commission). One of those being
Section 2.07(f) which calls for the Commission providing an annual audit.
Also recommended for placement under the "Duties" of the Commission are
Article V - Planning & Zoning and Article IX - Fiscal Management.
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Discussion ensued regarding in what order and how to format Section
2.01(c).
John Tsacrios moved to amend Section 2.01(c) - Duties by combining
Subsections 1, 2, and 3 into Subsection 1. The motion was duly seconded and
carried unanimously.
Discussion ensued regarding Article IX - Fiscal Management and it was
stated that they felt only the first sentence of that article belonged under
Section 2.01(c).
Carol Nielsen moved that Article 2.01(c)(2) be the first sentence of
Article IX. The motion was duly seconded and carried unanimously.
John Tsacrios moved that under Article II, Section 2.01(c) that Section
2.07(f) become (3) under Section 2.01(c). The motion was duly seconded and
carried unanimously.
Discussion ensued regarding Article V - Planning & Zoning, and concerns
were expressed that the language is not appropriate. It was recommended that
the Planning Director be asked to suggest language that could be uaed to
incorporate Planning & Zoning as a duty in Section 2.01(c).
Carol Nielsen moved to create (4) under Section 2.01(c) - Planning &
Zoning. The motion was duly seconded and carried unanimously.
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It was the consensus of the Committee to wait until language had been
suggested by the Planning Director before finalizing this suggested amendment.
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Staff has submitted recommendations regarding amendments to Section
2.0l(d)(2) and (4) and Committee consensus was to continue discussion of these
two items until the next meeting when staff would be present to discuss their
recommendations. .
Section 2.02 - Qualifications.
Concerns were expressed that one year is not long enough to live in the
City before being qualified to run for Commission.
Mary Lou Dobbs moved that in Section 2.02 remove one year and replace it
with two years. The motion was duly seconded and carried unanimously.
Section 2.04 - Compensation and Expenses.
Concerns were expressed that the last sentence which reads "Commissioners
shall receive their actual and necessary expenses incurred in the performance
of their duties of office" is left open ended and a suggestion was made that,
"as determined by the majority of the Commission" be added.
Concerns were also expressed regarding the salaries of the Commission and
it was stated that the Commissioners have the authority to raise their
compensation should they so desire.
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John Tsacrios moved to add the words nas determined by the majority of
the Commission" at the end of the last sentence of the Section 2.04. The
motion was duly seconded and carried unanimously.
Section 2.05 - Mavor/Commissioner. Functions and Powers.
Discussion ensued regarding the verbage of this section. A question was
raised regarding the last sentence in the first paragraph regarding the words
afar the purpose of serving civil process" and whether or not that was
appropriate. The City Clerk suggested that consideration be given to amending
the second paragraph regarding the appointment of the Vice-Mayor to change the
requirement for Vice-Mayor to be elected at a meeting after the installation
of Commission members to requiring that election be the second meeting of
April each year. This amendment will provide for the election of a Vice-Mayor
in those years in which there are no elections and no installation of
Commission members.
A question was also raised regarding the verbage in the first sentence
regarding the Mayor/Commissioner presiding at all meetings -and shall be
considered a member of the Commission." It was felt this language is
redundant as Section 2.01(a) states that the Mayor is a member of the
COlllDlission.
John Tsacrios moved to amend the first sentence in Section 2.05 deleting
the words "and shall be considered a member of the Commission and"; to amend
the last sentence of the first paragraph to remove the words "purpose of" and
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to change the word "serving" to "service~ and to further amend the second
paragraph to read "At the second meeting in April of each year the Commission
shall elect one of its members as Vice-Mayor". The motion was duly seconded.
Upon the vote being taken Members Crawford, Farugg!a, May, Nielsen,
Spoto, Tsacrios, and Muscarella voted "aye." Member Dobbs voted "nay." The
motion carried.
Section 2.06(b).
John Tsacrios moved that the second word in the fourth line be changed
from "or" to "nor." The motion was duly seconded and carried unanimously.
Section 2.07 - "Vacancies. Forfeiture of Office. Filin~ of Vacancies. Advisorv
Boards. Audit.
The City Clerk recommended that Section 2.07(b)(S) be amended. The
requirement as currently written would require a Commission member, whose term
is expiring and desires to run for another Commission seat, to resign the
currently held office although the te~s do not overlap.
Roy May moved to amend Section 2.07(b)(5) as follows:
To delete the words "City" after the word "at" and to add at the end of
the sentence ", or a City office, the ter.m of which overlaps the term of the
currently held office."
The motion was duly seconded and carried unanimously.
The Committee recessed from 8:13 P.M. to 8:23 P.M.
The Chairman questioned whether or not the Committee wished to have the
City Attorney in attendance at the next meeting to discuss his recommendations
regarding surplus property. The consensus of the Committee was to ask him to
attend. It was also requested that any state regulations regarding surplus
property be provided to the Committee.
Section 2.07(c} - Filling of Vacancies.
A recommendation was made that in the fourth line, seventh word be
changed from "elected" to "appointed."
John Tsacrios moved to change the seventh word in the fourth line from
"elected" to "appointed." The motion was duly seconded and carried
unanimously.
Section 2.07(e) ~ Advisorv Boards.
Discussion ensued regarding the language used in this section and
concerns were expessed that as currently written it requires for boards made
up of men or women and therefore not allowing coed boards.
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Concerns were expressed that certain verhage, such as "qualified to act
in an advisory capacity to the City Commission" and the words "do not include
the final determination or judification of any personal or property rights,
duties, or obligations" ~ere unnecessary.
Discussion ensued regarding these amendments.
John Tsacrios moved to amend this section by deleting in the second line
"or advisory boards" and inserting an "(s)" after the word board and deleting
the words. also in the second line, "men or women who are." The motion was
duly seconded and carried unanimously.
Section 2.08 (a) - Meetings,.
Mary Lou Dobbs moved to change the twentieth word in the second sentence
from "members" to "Commissioners." The motion was duly seconded and carried
unanimously.
Section 2.08Cb).
The Clerk recommended that a sentence be added to this regarding the
Clerk being charged with keeping a journal of the proceedings.
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Mary Lou Dobbs moved to amend Section 2.0SCb) by adding a sentence to
read "the City Clerk shall keep a journal of the Commission proceedings." The
motion was duly seconded and carried unanimously.
Section 2.09(e) - Emergency Ordinances.
Discussion ensued regarding why a two-thirds vote was required for
emergency ordinances instead of a four to one vote. It was indIcated that
state statutes are written in that language.
Section 2.10.
The City Clerk recommended that in Sections (a) and (b) the words
"charged with keeping the journal" after the City Clerk be deleted as it was
redundant.
Roy May moved to remove the language "charged with keeping the journal"
wherever it appeared in Sections (a) and (b). The motion was duly seconded
and carried unanimously.
Section 2.10(c).
The City Clerk recommended that this provision be deleted and placed
under her duties as it has become routine for her to make all documents
available to the public.
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Discussion ensued regarding the need for the Commission to establish
these procedures and more information was requested.
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Consensus of the Committee was to discuss Articles III and IV at the
next Committee meeting to be held November 2, 1988 at 6:30 P.M.
The meeting adjourned at 9:20 P.M.
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