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08/31/1998 (2)• � e ., ' I . . � ' ' �: ' ` e . . • , � . � . . . � . 5 . 1 ' fl . . . . • � .li. , ' ,1�. . . .� . . � . .. . ' . ' . =', i ' ` • , '� , ', � . '� ��, , � � � - MI�TU7CES . ., .E . - . � � . . � . , .. . , . �,: �� . . � � . . ,�_. � , � }, . , . . .; . , , .„,, . � ..., .. _. . .� . . . � . � Date � � �, . � . , , ,., . .. � . 3 ,. ��:. . � .. . . , r .��: .� ,, , , , , ; 3 . .{ . . : . . . . � � . , .. , . . . ,, . , � .� r :. � � i � - � � , �� _ . a� � , ,. � �. .. � ,. . ,.. , �� . .�� . 4 w� ' ■�, -i : : ; ..�, J;.. z':-� .. ;,��. . rF.,� . .,. ,. �� CHARTER R�VIEW COMMITT�E ME�TING CiTY OF C[.EARWA'i�R August 31, 1998 Prsser�t: Timathy A. .3ohnsar�, Jr. Cheir Dauglas Hilkert Vice Chair ` Richard Fitzg�rald Committee Member � � Pat Greer Committee Member Judy Mitchell Cammittee Member . William Justice Committee Member Caralyn Warren � Committee Member Absent: Jackie Ta�in Commit�tee Member Mayme Hadges Committee Member Grant Peters�r� Commitiee Member . � � Also Pressnt: Rita Garvey� PJ�ayor . Cynthia �. Goudeau City Clerk � � � Patricis 0. SulEivan Board Reporter The Chair called the meeting ta order at 4:01 p.m, at the Ma�n Library. To �rovide cantin�ity for research, items are in agenda order although nat necessarily diacussed ir� that order. �� ltem #2 - A roval ofi Minutes In ceference to pages 3 and 4, it was noted rights-af-way is miss�elled, Member Hilkert moveci to appra�e the minutes of the meeting af August 10, 1998, as carreeted. The motion was duly seconded and carried unanimously. item �3 - Continuina discussion o# Charter r�visions Member Hi�kert will revtew �rroposed torm changes prior to September ? 4, i 998: Section 2.05 Consensus was to remove language related to e�ening meetings. Section 2.06 Corisensus was #or no change ta this section. mct�a8b98 � 1 08/31/98 f ' ; E � �� Sec 'on�e]_AND Section 2.07�f1 � A suggestion was made �to combine these �ections and update the language. It ' was feit the Commiss9an should dictate restrictions reiated tcr board memb�rs, It was r8commertded ?angtrage �ontin�te to indicate that board merr�bers are r�ot compensated. Staff will report on compensatian rsgulations related ta members of State boards. , Mem�er Warren moved ta combine S�ctions 2.07�e} ancl 2,07(f), label the 5ection �: "Boards," and modify the language to read, "The Commission is empower�d to appoint such advisory �oards as it deems appropriate ar�d regulatory boards as may b� established by law." Th� motian was duly secondad and carried unanimously. sect�ori 2.08 . � Concern was expressed [angu�ge al�ow� twv Commissioners to aaI! a meetir�g even �� though such a discussion wauld violate the State's sunshine faws. The City Clerk '�� , iniiicated the City Manager can set a special meeting at the req�est of one Cammissioner. ' It was #eft the 24-hour minimum natice requirement should remain unchanged. Sect`on 2.09 b : Concern was expressed regarding t�re extent af emendments aliowed by law ' between the tirst and secand readings. It was suggested mnre fiexibility wauld avoid delays. This issue to be discussed with the City Attorney at a future meeting. ��H'�� Section 2.08� , ��.,�: Discussion ensued reg�rding com�elling absent memhers to attend meetings. !t was felt Commission ruies woufd ttav� �a establish a procedure for this action before a##endance could be compelfed. � 5ection 2.10[b) AND Sectian 2. � or�7 The majority felt the Charter should be char�ged #o allow flexibility in �sing records management technoiogies. . , Member Warren moved to madify Sections 2.10tbj and 2.10(c}, to aElow the ; mair�tenance ai records by unspecitisd te�hnologies and require the City Clerk to make • City records available ta the public at a reasonable charge a�d to change the #itle o# (c} to "Avaifa�ility of Public Records." The motiar� was duly secanded and carried unanimously. rticle 3 Et was recammer�ded this heading be changed tn "Administratian" and the Isgislative section heading be changeci to "Legislative Power." � mchQ8b98 2 08/31/98 � � �� t ., f d Sec ion 3. No substantive changes were rscommended except grammatical corrections. S�t+on_3,03f#} ' � � As the charter requires t�e City Manager to submit a comprehensi�ie repart on the finance and adm�nistrative act+�ities af the City as of the end af each Fiscal Year, it was recammended a 3-mvr�th deadline is reasanable. The City Clerk will verify the report this , section addresses. . ' Sectian 4.0 Consensus was to move Section 4.01 - City CEerk ta Article III. Administration, Sectian 3.04� with the current Section 3.0? beir�g renumbered to 3.05, Conser�sus was to change (a) under City ClerEc to "custodian of all records of the City," and (b} to "attest all dncuments requiring attestation and agreemen#s to which the City is a �any," Section 4.02 Na substanti�re changes were recammended except to be renumbered Section 4.01. � 5ectian 4.03 !t was recommendsd ths section be headed "City A##orney," and languac�e b� modified to require the City Attarney only �� a memb�r in goad standing of the Fiorida � Bar" and not require admittance ta the U. S. District Court ta practice. it was felt that gender references shauCd be consistent and neutral when possible. � Section 4.04ll � . `.�..� it was felt the language sha�j� continue ta indicate the City Attorney main#ains control o�er Legal staff. Ths Commissian limits tY�e number of Assistant City Attorneys tnro�gk� #he budget process. The importance af separa#ir�g the powers of tl�e City Manager ant! City Attarney was noted. Consensus was to ma�e sente�ce #2 to 5ection 4.05. Section �a.01 ft was recommended ihis sectian be moved to 5ectian 2.0� �ci ar removed. The City, Attorney will comment. mch08b98 � 08/31/98 � i�� .. SBC i0 6 ,� It was questioned if this section could be eliminated or shortad to refer to 5tate law. � Staft wlll report. It w�s racammended the numioer of peapEe r�ecessary to start an initiative or .` referendum pracess be lowered from the current requirement for 10°/a of all registered voters, '' � It was suggested the percentage relate to the number of people who voted, Cansensus was that barriers to ci#izen initiatives should be Iowered. SeC�ion 8.09(a1 AND Section 6.09ib1 ' Concern was oxpressed if an ini#iative is treated the same as any other or�inance the .', Comrrtission can repeal them immediately as well as overturn referencium. It was felt the �: Commission should respect the wishes of voters. . ; Member Hilkert moved to add language: (aj foilowing that a votor supported initiative :.. "shail be treated in ali respects in the same manner as an ordinance of the same kind adapted ; by the Cammission," ir�sort "except that it may not be repealed �antil after the next regular City � efection." and (bj following "election results" insert "and may not be reenac#ed in substance � until after the next regutar City election," The motion was duiy secanded anc� c�rrieci : � unahimausly. Section 7.02 '- It was recommended Charter Revisw Committee recammendations go directly to �. e�ectiorr and bypass the Ciiy Commissian. The Commissian curren#!y can �oid ali Charter =l .'� �t�z Review Commit#ee recammendations. The proposal woulci be consistent with State and ' `°�� Caunty procedures. ]t was s�ggested cammittee membership include Cammissian �, represQ�tatiQn but nat contro[. Language to establish an appaintment procedure will be discussed at a future mesting. m � Member Greer mo�ed to approve in concept the Gharter Re�iew Cnmmittee recommer�dat�oris goir�g directly to the voters, The mo#ion vvas d�ly seconded and carrled unanimausty. Future Meetinns � Future meetings af the Charter Review committee are sc�eduled for September i�, September 28, and October 5, 1998, in the 0�4 Canference Roo�n at City Hall. IT�M #4 - Adiournment The meeting adjourned at 5:35 p.m. . 4 � � �� , o _� ► ...1 I/J�/ :.. . :.. - mchO8b98 ' 0 A 0 Cha Charter Review Committ�e 0813'l 198 , ; ;