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03/25/2003 (2) .. . , , CHARTER.. · . REVIEW . . · ..... .COMMITTEE,.. MINUTES . , . '. , '.. . . . . . . . , . , . . . . Date ..... . .....D3/~ 5/03 .. I, '. i" . . , , " , , . . , . . .' , . , .' , , , . ". .. , ' ~ , . . . . . " I , , . >, . r " . , . .' . ." . ~ I . < ,. .... . . " ' , ' , , , . , . I . . . . CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER March 25, 2003 Present:, Daniel Dennehy Melody W. Figurski Thomas D. Calhoun Katherine Elliott Cole William Joe Fisher Nicholas C. Fritsch Isay M. Gulley Timothy A. Johnson, Jr. Jay F. Keyes Lawrence (Duke) Tieman Chair Vice Chair Committee Member Committee Member Committee Member Committee Member Committee Member Committee Member Committee Member Committee Member Absent: John Doran Jay Edwin Polglaze Committee Member Committee Member Also Present: Pamela Akin Cynthia E. Goudeau ' Rosemarie Alfaro Brenda Moses City Attorney City Clerk Administrative Analyst Board Reporter The meeting was called to order at 4:33 p.m. at City Hall., To provldo 'continuity for research, items are in agenda order although hot necessarily dlscU8sod in that order. ' ITEM #2 - Aporovol2LMarch 4 and 11 . 2003 minutes Membor Colc roquosted that the minutes of the March 4, 2003, meeting, under Item #6, paragraph ono, sentenco one read !too.on the Internet." Member Johnson requested that under Item #5, paragraph on~, sentence three read 1I...members often increased..." Member Johnson moved to approve the minutes of the March 4, 2003, as changed. , The motion was duly seconded and carried unanimously. Member Cole requested that a sentence be added the minutes of the regular meeting of . March 11,2003, under Item #2(b).,page 2. paragraph two, to read "Regardless of how di"stricts were set up In Clearwater, a minority would never receive the majority vote in a district." Member Cole moved to approve the minutes of the regular meeting of March ii, 2003, as changed. The motion was duly seconded and carried unanimously. ITEM #3 - Review of Actions and Consensus from last meetinQ Charter Review 2003-0325 03/25/03 ' 1 '. . . In response to a question, Member Gulley said she felt the meeting minutes reflected the issues she had previously brought up regarding At-large versus Single Member Districts. Discussion ensued regarding the decisions the Committee made at the last meeting. Consensus at the last meeting was that Clearwater does not have a single voting block that warranted a single district. At that meeting, the Committee said they felt the City Commission is working to the general satisfaction of the community. Dr. McManus had stated that absent a crisis or scandal, it would be difficult to change the form of government in most communIties. It was discussed that abs'ent a very large City Commission, there is no district small enough that would ensure election of a minority member. Dr. McManus' information had Indicated that in the 19805, election of minorities through distrlcting, positively impacted some communities, but over time it had not been much of a factor as minorities can be elected to various governmental seats irrespective of the form of government. This Committee also discussed expansion of the City Commission and consensus was that a larger number of Commissioners could lead to dysfunctionality in government. It was questioned that although the current mix of Commissioners works well, as the City grows, the current composition could center too much power with too few people. It was felt that as Clearwater is basically a built-out community, even with redevelopment the population would not grow dramatically. Consensus at the last meeting was not to change the number of City Commission seats. A concern was expressed that expanding the Commission would increase costs. Also at the last meeting, there was a consensus that moving to a Strong Mayor form ot government at this time is not practical. In response to a question, City Clerk Cyndie Goudeau said a Charter Review Committee is required every five years, however. the City Commission can recommend changes to the Charter at any time. Ms. Goudeau and Ms. Akin reviewed suggested language to change the term of office to 4 years and associated changes regarding term limits. Discussion ensued regarding whether clarification is needed regarding: uCommencing with the regular City election in 2005, all commissioners, including the mayor-commissioner, shall be elected.. .iI. Consensus was for the City Attorney to bring back language clarifying that not all members will be elected in 2005. ITEM #4 - Section 2.04. Compensation and 'expenses It was remarked that County Commissioners are full-time and are paid accordingly, whereas the Clearwater City Commission positions are part-time. A comment was made that it should not cost City Commissioners money to serve as Commissioners. It was remarked that' City Commissioners' official business is somewhat limited compared to the political requirements of the job. In response t<? a question, City Attorney Pam Akin said according to the Charter, Commissioners are reimbursed for actual necessary expenses. She said the City did a salary survey regarding City Commissioner salaries three years ago, but jt has not been updated. It was remarked that St. Petersburg Council Members receive $24,000 a year in , compensation. however, their population is double that of Clearwater's. It was remarked that it should ,be up to the Commission to take responsibility for the feedback they receive from setting their own salaries. In response to a question, Ms. Goudeau said health insurance benefits are Charter Review 2003-0325 03/25/03 2 . . . available to Commissioners. She said a Charter amendment would be required if this Committee was to propose a dollar amount in the Charter with respect to expenses, salaries, etc. for Commissioners. Ms, Akin said none of the Commissioners participate in the City's 401A program. It was remarked that their years of service might count for qualification for a sub~equent pension if they obtain positions in the State system. In response to a question, Ms. Akin said the Commission has a policy that they do not receive expense reimbursement for fundraising events. Consensus was there be no change to 2.04. ITEM #5 - Section 2.05, Mayor-Commissioner. functions and powers The Chair had distributed a memorandum regarding Charter sections 2.04 through 2.07. He recommended making the position of Mayor full-time with commensurate pay and benefits. He also felt the Mayor should be the City's representative with all County, State and Federal agencies, and that he/she should be the person most accountable for management of the City. He did not recommend that the form of government be changed to a Strong Mayor format. He felt the powers and duties of the City Manager should remain as they are currently. He said through empoweqTlent, the Mayor could make a difference in the community. Discussion ensued. Concern was expressed that the Chair's suggestion would create continuing conflicts between the mayor and the City Commission and between the City Manager and Mayor. It was felt the responsibilities of the City Manager and Mayor would overlap and cause confusion for the citizens and employees. The Chair said although his suggestion would give the Mayor a lot more power, he also would assume a lot more responsibility for the City's operation. He did not envision the City Manager's powers being diminished or dissolved. The Chair said he interviewed the City Manager and Commissioners prior to writing his memo to this Committee. He said the City Manager had indicated that the current system works well and the change was' unnecessary at this time. Everyone thanked the Chair for the time he spent on his suggestion. . It was remarked that the individuals that sit in each Commission seat and in the City Manager's seat greatly affect the quality of City operations and administration. It was suggested the reference to "Commission" should be referred to as "Council" as it provides a clearer description of the position's function. Consensus was not to change the Mayor's position to full-time status. Member Cole moved to change all forms of references to "Commission" to "Council" and change all references to "Commission members" to "Council Members", and change all references to "Mayor/Commissioner" to UMayor". The motion was duly seconded and carried unanimously. ' Ms. Akin said staff would clarify references to the above-mentioned positions in Section 2.05. Ms. Goudeau suggested that the second paragraph of Section 2.05 be changed to have the Vice-Mayor being appointed at the first meeting in April rather than the second meeting in April.' She indicated this provision is a hold over from when those elected were sworn in at the first meeting in April. ' Charter Review 2003-0325 03/25/03 3 ITEM #6 - Section 2.06. Prohibitions . Member Calhoun moved to recommend that the second paragraph of Section 2'.05 read UAt the first commission meeting each April...tI The motion was duly seconded and carried unanimously. In response to a question, Ms. Akin reviewed a controversial situation that arose with a previous Commission, which involved one Commissioner wanting to attend meetings between' the City Manager and staff while they were setting their preliminary budgets. She said the provision allowing City Commission observation of city operations was intended to pertain to how facilities work in the City. Staff did not feel it applied to meetings between the City Manager and Senior staff members. Ms. Akin said the language in this section allows room for interpretation. . Discussion ensued and it was remarked that should a Commissioner attend staff meetings held between senior staff and the City' Manager, it would make staff uncomfortable. It was felt,the current process works well. Ms. Akin said the City Manager is ultimately responsible for information presented to the Commission and staff should be able to speak ,freely during meetings with the City Manager. In response to a question, Ms. Akin said individual Commissioners always have been able to speak to a staff member regarding any' questions they have. It was suggested that the City Attorney work on language that gives the City Manager the ability to function and conduct meetings without interference and preserve the Commission's ability for inquiries and investigations and to look at operations. ' . ITEM #7. Section 2.07. Vacancies: forfeiture of office: fillino vacancies: advisory boards See Item #16. ., ITEM #8 - Section 2'.08. Procedure See Item #16. . ITEM #9 - Section 2.09. Ordinances and resolutions in oeneral See Item # 16. ITEM #10 - Section 2.10. Authentication, recordino and disposition of charter amendments. ordinances and resolutions . See Item #16. ITEM #11 - Section 3.01. City Manaaer ' See Item #16. ITEM #12 ..Section 3.02. Appointment: removal: compensation . Charter Review 2003-0325 4 03/25/03 I .: . " t ' . . I ' ~ . " I " . . , " ;. ' .' . . ,\ See Item # 16. ITEM #13 - Section 3.03. Powers and duties of the City Manao'er See Item #16. ITEM #14 - Section 3.04. City Clerk , See Item #16. ITEM #15 . Se'ction 3.05. Personnel system See Item #16. , , ITEM #16 - Set Aqenda for April 8 meetinQ , I, ; . , , . Consensus was to consid~r revised language for Section 2.03 and to review sections 2.06 through 3.05. ' , j +. , ITEM #17 .'Adiourn The meeting adjourned at 6:07 p.m. . . . ' ~' ' ~-. ~.~ . " \ - , \~_...__.. Chair ' Charter Review Committee :' .' . .1 . .( . . , Charter Review 2003':'0325 . " . 03/25/03 ,I 5