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1 CHARTER REVIEW COMMITTEE MEETING
,. CITY OF CLEARWATER
September 14, 1998
Present: Timothy A. Johnson, Jr. Chair
Douglas Hilkert Vice Chair
Richard Fitzgerald Committee Member
Pat Greer Committee Member
Judy Mitchell Committee Member
Mayme Hodges Committee Member
Carolyn Warren Committee Member
Absent: Jackie Tobin Committee Member
William Justice Committee Member
Grant Petersen Committee, Member
Also Present. Rita Garvey Mayor (arrived 4:45 p.m.)
Karen Seel City Commissioner (arrived 4:25 p.m.)
Pam Akin City Attorney (arrived 4:29 p.m.)
Cyndle Goudeau City Clerk (arrived 4:15 p.m.)
Sue Diana Assistant City Clerk
Brenda Moses Board Reporter
f The Chair called the meeting to order at 4:00 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 August 31„, 1998 #
Member Hodges moved to approve the minutes of the meeting of August
31, 1998 as submitted in writing to each member. The motion was duly seconded
and carried unanimously.
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Item 3- Follow-up From Previous Meeting
Section 2.03
The City Attorney presented suggested language regarding term, limits as
requested. She said this language addresses full terms, terms for Mayor-
Commissioner, and applies to Commissioner Clark's situation. Section 2.07
addresses vacancies, forfeiture of office, and filing vacancies.
Member Greer moved to approve the City Attorney's suggested language
and add "...or forfeiture of office" after "... but for resignation", in sentence one,
and "., or forfeiture of office" after "...but for resignation" after sentence 2. The
motion was duly seconded and carried unanimously.
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It was noted the first and last paragraph remain. The fourth paragraph had
previously been amended.
Sec ion 2.07 B and
The City Clerk said in response to a question at a previous meeting, the City
Attorney does not believe Charter authority is needed in order to have advisory
boards. The City Attorney indicated while not required, she preferred the language
as approved at the August 31, 1998, Charter Review Committee meeting remain in
the Charter.
Section 2.09 (b)
The City Attorney said the City's language regarding resolutions and
ordinances directly tracks State law. She recommends to the Commission to re-
notice an ordinance and have a new first reading if substantive changes between
the first and second reading of ordinances occurs. In response to a question, she
said changes suggested at first reading of the transit shelter ordinance were
approved at first reading, and no new first reading was necessary.
Section 2.08-(c)
The City Clerk said the Commission rules rely on Robert's Rules of Order,
011 for compelling absent members to attend meetings. The City Attorney said the
Commission has no rules regarding penalties for absent members compelled to
attend.
Sections 2.01 c 3 and 3.03 f
Further investigation regarding the year end report is being done. It was
noted these 2 sections address a report from the City Manager and a report
requested by the City Commission, it appears that for a number of years, these 2
have been treated as one and the annual financial audit is used to meet the
requirement. Quarterly budget amendments are issued and serve as the quarterly
financial report. A year-end report for the last fiscal year indicating final
adjustments is issued at the next budget reporting cycle. It was remarked financial
matters and administrative activity should be reported. It was suggested a 3-
month deadline be added to 3.03 (f) regarding submission of a financial and
administrative report at the end of each fiscal year. It was noted it takes longer
than 3 months to compile all financial information whether internally or from an
independent auditor. The current City Manager has published a list of
accomplishments.
Member Greer moved to change Section 3.03 (f) to read "Submit to the
Commission at the first regular meeting in September of each year and make
available to the public a comprehensive report on the finance and administrative
activities of the City.", delete ..."as of the end of the fiscal year." from sentence 1,
and delete sentence 2. The motion was duly seconded and carried unanimously.
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Article 4, Section 5.01
The City Clerk said Section 5.01 can be moved to Section 2.01 (c) as
requested at a previous meeting.
A[ticle a Sectio s 6.01 6.02 and 6.03
The City Clerk said for a City the size of Clearwater, 1,000 signatures or 5%
of registered voters, whichever is greater, is required to initiate a recall per State
Statute, Initiatives and referendums require 10% of registered voters, per the
Charter. Discussion ensued regarding the number of registered voters compared to
voter turnout at elections, and if the 10% requirement should be reduced to 5%.
Consensus was not to change these sections.
Item 4 - Continuing Discussion of Charter Revisions
Section 8.01
Consensus was not to change this section.
Section 8.02
Discussion ensued regarding partisan elections. It was felt nonpartisan
_..` elections should be continued. A suggestion was made to add ..." or political
advertisement under the control of the candidate." to the end of the paragraph in
this section. A comment was made the suggested language infringes upon free
speech and gives unfair rights to government regarding what advertising is
permitted.
Member Fitzgerald moved to add language ..."or political advertisement
under the control of the candidate." to the end of the paragraph. The motion was
duly seconded and upon the vote being taken, Members Johnson, Fitzgerald, Greer,
Mitchell, Hodges, and Warren voted "Ave"; Member Hilkert voted "Nay". Motion
carried.
Section 8.03
The Chair said he will, submit grammatical changes to this section.
Section 8.04
In response to a question, Assistant City Clerk Sue Diana said in paragraph
1, the $50 filing fee helps to defray the costs of petition cards, copies, and
represents a commitment from a prospective candidate. Discussion ensued
regarding eliminating the filing fee.
Consensus was not to change this section.
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Section 8.05 (a)
Discussion ensued regarding the method by which candidates for
Commission are elected. It was suggested changing the language to require a
majority vote to be elected to the Commission. It was noted if no candidate
receives more than 50% of the vote, a run off election would be needed, resulting
in additional expense to the City.
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Consensus was to leave this section as is.
Section 8.05 (bi
City Clerk Cyndie Goudeau said the' Supervisor of Elections is considering
new equipment that would have unlimited ballot space. She said currently if the
City were to change the municipal election to November, voters would have to go
to 2 separate polling places on the same day.
Consensus was not to change this section, but revisit it once the Supervisor
of Elections has new equipment.
Section 8.05 (c)
In response to a question, the City Clerk said general elections are noticed in
a City daily newspaper. Per Florida Statute, there are different requirements for
general and special elections. ,
Member Greer moved to delete sentence 2. The motion was duly seconded
and carried unanimously.
Section 8.05 (d)
Discussion ensued regarding the Commission's responsibilities as the
Canvassing Board, It was requested the City Attorney provide suggested language
regarding the former Commission meeting solely as a Canvassing Board.
Section 8.06
Discussion ensued regarding how this section addressees the issue of a
vacant Commission seat due to death, withdrawal, or removal from the ballot of a
qualified candidate, and the latest date for which the election guidelines can be
meta It was suggested treating the open seat as a regular vacant Commission seat.
In response to a question, the City Attorney said the City follows Statutory
guidelines regarding vacant Commission seats.
No changes were made to this section.
Article 9
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This section had been previously reviewed.
Article 1 Section 10:1
The City Attorney will review the Committee's changes to determine if this
section is necessary.
Sec#ions 10.02, 10.03-10.Q_4_
No changes were made to these sections.
Sec ion ` 0.05 a
Discussion ensued regarding sentence 2 referring to the date of the next
election for a seat.
Member Hilkert moved to delete "... shall not be retroactive and" in
sentence 2, and inserting the date the last election was effective. The motion was
duly seconded and carried unanimously.
Section 10.05 tbi
In response to a question, the City Attorney said she will research if all
Charter amendments must be considered at "special" elections,
Section 10.5 (ci
It was remarked this section is unnecessary since other provisions regarding
salary changes are addressed in the Charter. Salaries are covered by ordinance,
but the Charter indicates how to change them.
Member Hilkert moved to delete Section 10.05 (c). The motion was duly
seconded and carried unanimously.
Sectior) 10.6 (d)
Discussion ensued regarding if this section is necessary.
Member Greer moved to delete Section 10.5 (d). The motion was duly
seconded and carried unanimously.
Other Business
It was suggested members review all suggested revisions and previous
meeting minutes. The Chair will provide nonsubstantive changes to the City
Attorney for distribution to members. In response to a question, the City Attorney
suggested the Commission make a determination regarding the Committee's
recommendations prior to drafting a ballot question regarding Charter revisions.
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A member said she was approached to ask the Committee's consideration
of terms.of office being changed,:from"3 to 4 years. It was noted in previous
,. meetings, the Committee had decided not to make any changes: It was requested
reviewing 4-year term limits at the next meeting.
At a previous meeting, the Charter Review Committee approved'in concept
recommendations going directly to the voters, and members of the Commission
being members of the Committee, without representing a majority. The City
Attorney is researching the County's procedures relating to this request.
Item 5'- Adjourn
The meeting adjourned at 5:30 p.m.
Chair
Charter Review Committee
Attest:
?6 ?Ct1r.L? '
Afftu
` Board Reporter
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