06/10/2003 (2)
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..... CHARTER
.... REVIEW
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COMMIl'TEE ...
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C)(.D {'O/03
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CHARTER REVIEW COMMITTEE MEETING
CITY OF CLEARWATER
June 10, 2003
Present: .
Daniel Dennehy
Melody W. Figurski
Katherine Elliott Cole
John Doran
Nicholas C. Fritsch
William Joe Fisher
Thomas D. Calhoun
Timothy A. Johnson, Jr.
Jay F. Keyes
Jay Edwin Polglaze
Lawrence (Duke) Tieman.
. Absent:.
-Isay M. Gulley
.
Also Present: Pamela Akin
Cyndie GC?udeau
Rosemarie Alfaro
Brenda Moses
Chair
Vice Chair
Committee Member_
Committee Member
Committee Member
Committee Member
Committee Member
Committee. Member
Committee Member
Committee Member
Committee Member
Committee Member
City Attorney
City Clerk
Administrative Analyst
Board Reporter.
The meeting was called to order at 4:30 p.m. at City Hall.
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To provide continuity for research, items are in agenda order although not
necessarily discussed in that order..
ITEM #2- Approval of Mav 27 minutes
Member Doran moved to approve. the minutes of the regular meeting of May 27,
2003. as submitted in written summation to each board member. The motion was duly
seconded and carried unanimously.
. ITEM #3 - Proposed amendment to require Charter Review Committee
Recommendations to QO directly to the voters (Article VII)
The proposed amendment is:
Section 7.02. Charter review advisory committee~
The council oomffiissiGR shall appoint a charter review advisory committee fA
JaAuary, 1994, 3M at least every six five years hereafter thereafteF provided the
appointments are made in January of a year preceding a city election. The charter
review advisory committee shall be composed of not less-tRaA ten members.l . It shall
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r-eview-tAe-e)(isUA~arter ane-make recommeRGatieRS-te-tAe-6GmmissieR-fer-r-evisieRs
tnefete two of whom shall be council members. Each council member shall have two
appointments. with the exception of the two council members who are on the
committee. who shall have one appointment each. The charter review committee shall
submit a report to the city council on or before December 1 of the year in which the
charter review was held. Included in the report shall be any proposed amendments to
the charter toqether with the wording of the Question or questions which shall be voted
upon at referendum. The city council shall call a referendum election to be held in
connection with the next city election for the purpose of voting on the Question or
questions submitted bv the charter review committee. Neither the amendments or
questions may be chanqed by the city council.
In response to a question, City ,t\ttorney Pam Akin said the proposal for two
Council members mirrored the County's process existing during the last City Charter
review. Since that time the County's process has been changed and now, only one
County Commissioner sits on the County's Charter Review Committee. Pros and cons
were discussed. Some members felt this would make this committee's work more
significant and would provide better opportunities for significant proposals to go to the
voters. Opposition was expressed as this would take power away from the Council and
also make them less accountable to the voters. Some concerns were expressed
regarding the appointment process in that Council members would appoint only those
with their same viewpoint. In response to a question, Ms. Akin said if this proposal is
approved. the recommendations would be presented to the Council. The Council would
pass. an ordinance calling for a referendum but could riot change any of the questions.
Member Johnson moved to approve the proposed changes in Section 7.02.
Charier review advisory.committee.under Article VII. The motion was duly seconded.
Upon the vote being taken, Members Figurski, Cole, Doran. Calhoun, Johnson, Keyes,
Tieman, Polglaze,. Fritsch, and Fisher voted uaye"; Chair Dennehy voted Hnay". Motion
carried.
ITEM 34 - Section 2.01 (d) - Real Property
The following sections .were discussed together:
a.
b.
c.
d.
e.
f.
g.
. h.
(5) i-declaring property surplus
(5) ii - competitive bid
(5) iii - transfer to other governmental agency
(5). iv - land swap
(5) v - recreation/open space
(5) vi - right-of-way terminating at water
(5) vii - limitation of lease term
(5) viii - reverter for lease
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(5) ix - appraisal requirement
(6) - Bluff below 28' line and Memorial Causeway
(7) - City owned west of Osceola Ave.
j.
k.
Ms. Akin reviewed some 'of the difficulties in declaring property surplus, not being
able to donate property to non-profits and disposing of property with little or no
economic value.
It was suggested that Sections 2.01 (d)(5){i), (ii), (iii), (iv), (vii), (viii) and (ix) be
removed from the Charter and the Commission pass ordinances on the disposition of
real property. It was felt Sections 2.01 (d) (5) (v) and (vi) and (6) and (7) contain
"sacred cows" that the voters want to remain in the Charter. Ms. Akin expressed
concern that if these issues do not pass at referendum, that essentially nothing would
change, and the City would still have to address the issue of surplus and uneconomic
remainders. It was suggested that voters could vote for two different scenarios. Ms.
Akin said alternative choices could not be placed on the ballot. She said most of the
provisions in this section are a result of a lack of trust. She said she would rather have
small victories rather than a big loss. It was requested that Ms. Akin develop suggested
language to address these issu~s.
Member Johnson moved that the City Attorney draft language that would require
the City Commission to pass an ordinance relating to the disposition of City-owned real
property to replace Sections 2.01 d5(i}, (ii), (iii), (iv) {vii}, (viii), and (ix). '
In response to a question, Ms. Akin said she is not against 'an ordinance
addressing these issues. Her concern was if the Charter provision being proposed did
not pass, those Charter sections would remain the same. She felt incremental changes
that make sense to people have a better chance of pa~sing than sweeping changes.
The motion was duly seconded.
It was felt that Ms. Akin should have the opportunity to make suggestions before
a final decision is made regarding the motion.
Member Johnson withdrew his motion. The seconder agreed.
Member Fritsch moved that the City Attorney draft two alternatives; one for a
sweeping change such as was proposed for Sections 2.01 d 5(i}, (ii), (iii), (iv) (vii), (viii),
. and (ix); and an alternative dealing with incremental change on surplus property and
donations. The motion was duly seconded and carried unanimously.
Ms. Akin requested Section (5) v.. include language permitting dedicating
easements, in additio~ to rights of way, on recreation/open space property.
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Member Johnson moved that Section (5) vii include language permitting the
dedication of easements. The motion was duly seconded and carried unanimously.
In response to a question regarding Section (6) - Bluff below 2B'/ine and
Memorial Causeway, Ms. Akin said that section affects all the property from Drew Street
to Pierce Street and the portion the City owns to the water and across the causeway.
She said as the City. is considering development of an amphitheater rather than a
bandshell, the language should be modified to allow more flexibility with respect to the
location and the size of the building.
Member Johnson moved that the City Attorney suggest broader language for this
section that would delete the bandshelllanguage and insert a list of permitted public
uses and appurtenances. The motion was duly seconded and carried unanimously.
Ms. Akin said staff is not proposing any changes to Section (7) - City owned West
of Osceola Ave. It was suggested the legal description be deleted and a reference be
made to the footprint of the Harborview Center as it existed on a specific date. Ms. Akin
said due to recordkeeping issues, it would be best to leave in the legal description. She
said the deed could include more, area than the footprint of the building.
. .In response to a question, Ms. Akin said the City qoes not o~n State Road 60.
. . In response to a question, City Clerk Cyndie Goudeau said Cleveland Street is
designated as State Road 60, however it will transfer to the City in the near future.
It was suggested that the typographical error in the last sentence of Section (7)
be changed to ".. .with the Charter..."
It was suggested the legal description in Section (7) be listed as an exhibit at the
end of the Charter rather than in this section to 'avoid any hidden meaning.
ITEM # 5 - Set Agenda for June 24 meeting
Member Figurski said she would not be able to attend the June 24 meeting.
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Items for discussion at the next meeting would include: 1) Dr. McManus'
memorandum regarding information on voter turnout which. relates to Article VIII; 2)
. Article VII; 3) Article IV; 4) Articl~ X; 5) any available proposed language by Ms. Akin;
and 6) scheduling a public meeting date.
ITEM# 6 - Adiourn
The meeting adjourned at 5:57 p.m.
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Chair. --.:
.Charter Review Committee,
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