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06/29/1998 (2)s • f' 1 • 1 ? MINUTES e' i . 1 I 1 11 1 t CHARTER REVIEW COMMITTEE CITY OF CLEARWATER June 29, 1998 Present: Timothy A. Johnson, Jr. Chair Richard Fitzgerald Committee Member William Justice Committee Member Pat Greer Committee Member Douglas Hilkert Committee Member Judy Mitchell Committee Member Carolyn Warren Committee Member Jackie Tobin Committee Member Mayme Hodges Committee Member Pamela Akin City Attorney Cyndie Goudeau City Clerk Brenda Moses Board Reporter Absent: Grant Petersen Committee Member The Chair called the meeting to order at 4:07 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Item 2 - Approve Minutes from Meeting of June 1. 1998 Member Warren requested her last name be corrected in the list of attendees present at the meeting. Member Greer moved to approve the minutes as corrected. The motion was duly seconded and carried unanimously. Item 3 - Continuing Discussion re Article 11 In response to a question, the City Clerk said she will work with the Chair to develop a report to submit recommended changes to the Commission. The City Attorney will draft ordinances for Commission consideration. Those recommendations will be available on the Internet. It was requested the City Attorney suggest language for combining Section 1.01(a) and (d), as agreed at the last meeting; and research the meaning of the title "Legislative" in Article II, Section 2.01. Section 2.0'1(c) Discussion ensued regarding changes to subparagraph (c). Member Hilkert moved to add a new sentence after the first sentence in this subparagraph: "As a part of the discharge of its duty, the Commission shall: ", and delete "the I? mch06b98 1 06/29/98 Commission shall" at the beginning of each subsequent item number. The motion was duly seconded and carried unanimously. Section 2.01(c)(2) Member Hilkert moved to recommend changing (C)(2) as follows: "...adopt by ordinance a comprehensive system of fiscal management." The motion was duly seconded and carried unanimously. Section 2.01(c)(3) The City Attorney said Florida Statutes require an independent audit, but there is no statutory requirement regarding "no firm shall be employed for more than five consecutive years." Consensus was to leave this section as is, with some style changes. Discussion ensued regarding the time involved in grammatical and stylistic changes to the Charter. Member Warren moved the Chair appoint a subcommittee regarding grammatical changes and a report be provided to this committee in writing. The motion was duly seconded and carried unanimously. Discussion ensued regarding the subcommittee's meetings needing to be noticed and minutes taken. Consensus was for the Chair to review the Charter and present suggested grammatical changes at a future meeting. Final changes will be divided into 2 categories, grammatical and substantive, for presentation to the Commission. Member Mitchell moved to rescind the action to appoint a subcommittee. The motion was duly seconded and carried unanimously. A. 2.01_1d)(3)_-_ Dredging It was thought concern regarding frequent dredging prompted this restriction. Public Works Administrator Rich Baler said many agencies are now involved in the dredging permitting process. Dredging permits are much more difficult to obtain. In response to a question, he suggested the committee consider increasing the current allowable dredging limitation from 4,000 to 10,000 cubic yards. The 10,000 cubic yards is based on projects such as cleaning Stevenson's Creek which would require more than the current limitation allows, In response to a question, he said the State does not limit dredging in terms of cubic yards. They look at the impact dredging has on habitat loss and how the City would mitigate for that impact. Concern was expressed that dredging will always be a controversial issue. It was remarked the City should not be required to go to referendum if Stevenson's Creek and other navigable waterways need to be cleaned. In response to a question, Mr. Baler said it will not be necessary to dredge the channel when the new Memorial Causeway Bridge is built. It was suggested placing language regarding maintenance and emergency in this section. In response to a question, the City Attorney said a public mch06b98 2 06/29/98 171 hearing is not automatically scheduled regarding dredging. However, City Commission meetings afford the general public an opportunity to express their opinions regarding such issues. In response to a question, Mr. Baler said whenever the City removes any amount of soil from a pond or other body of water, it is considered dredge and fill. Member Mitchell moved to increase the allowable cubic yards in Section 2.0.1(d)(3) from 4,000 cubic yards to 10,000 cubic yards. The motion was duly seconded. Upon the vote being taken, Members Johnson, Greer, Warren, Hilkert, Mitchell, and Tobin voted "aye", and Members Justice, Fitzgerald, and Hodges voted "nay". Motion carried. Discussion ensued regarding whether a definition of Clearwater Harbor and limiting the areas included in the allowable dredging should be added. No action was taken. B. Prooerty Issues - 2.01(d)(4): 2.01 (d)(5): 2.01(d)(7) - Not Discussed. Purchasing - Article ll, 2.01(d)(2) The City Attorney distributed language from other city charters regarding purchasing. In response to a question, she said there is no State Statute that applies to general purchases. Discussion ensued regarding the language in other cities' charters. Member Hilkert moved to change Section 2.01(d)(2) to incorporate the language from Oldsmar's Charter: "The City Commission shall by ordinance adopt such procedures and limitations for the purchase of materials, machinery, construction, consultant services, rental of property, or whatever else the Commission deems necessary, which exceed in value that amount as the Commission shall determine from time to time." The motion was duly seconded. Discussion ensued and concern was expressed if the Commission is not mandated by the Charter to monitor purchasing requirements closely enough, another Harborview could happen. It was suggested a cap can be included above which Commission approval would be needed. It was remarked that frequently the City Is fared with paying more for items due to time constraints and approvals required before items can be purchased. Member Hilkert amended his motion to include a dollar limitation of $75,000. The seconder agreed to the amendment. Upon the vote being taken, the amended motion carried unanimously. Bonding and indebtedness, and fiscal management will be discussed at the next meeting. Item 4 - Other Sections of Article II and Subsequent Articles Until Time Expires - None. mch06b98 3 06/29/98 i I r?tt.. , •i;j. , ? . > s.! 1 ; ?t•, ?f, 1 ?ti' ° ? ,' £??•^ ?? F 1??1Y?'?[ ?9i iV ?' .. _ ? ! i I , . ? ? S r O"t item 5 Adiourn The meeting adjourned at 5:33 p.m. The next meeting is scheduled for July 20, 1998. C arter Review Committee Attest: i . +` Board Reporter . k , ... s.tT mch06b9B '4 06/29/98 1