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09/09/2003 (2) . ' , 0 . .' . , ' , ' . , , . . . . . i . I . . . . o ' , ",". "CHARTER " . . , . . I .' . "." ,',: " ,.REVIEW ' .' o ',\, , i '. . . , ",' ,,', ,COMMITTEE ""'" ',' , . , . ' , . '. MINUTES,' " . . . . . . . . I . . , . . ,0 o . . ' " . ., . . , . I.. .. .'. . '. . ,." ' .,' . . . . . < .' . '. '. " I . ,.' ':Date'b9J,691 C,3;, ' ", ',' .,' '.,',',,: ,'", ",' ' .. '. .' I . . , 0 . '. , . , , " . . " , , , . . ' ~ . .. . . . j 1 "., . , . " ' ,. . . , . ' ",' . , .. . , ,. ..~ . . . . I ..' I . ~. .' . . '". ... . , ' , . . . , 0 . " , . . . . . .' . , , . " . I . > < . . .' .' ~ . . ," , . . . '. . . . . ' . ~ + . , > .,' ~. , . , . ..' .' . ~,' . . .. , . > l' I,' I ' I, .. ".. . . I ,-' .... .' . ,. . .0 '" ':". .' .:. .' ',:. '.' .0, .,'..' . '. "'. . ..' '." '..,., :".' ~ " . ..' ..' . , T - . >,' . . . , ... I I.' . . .' . . . . . . . . . . < ,"." , . . .'. .' I" . '. " . . . " > I . . ". I. . .' . < . \.' I . . .", . .. . '0' " . . . . " . I , . . . . , . . . . . . , ' . ..1 " . . " . . " I ;. '. . . . . . . ." . . . , , ., .'. I' .. ". , ' : . I' . o . . Present: Daniel Dennehy Melody W. Figurski Thomas D. Calhoun Katherine Elliott Cole John Doran 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 - arrived 6:92 p.m. Committee Member Committee Member Committee Member Committee Member Committee Member - arrived 6:02 p.m. . CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER September 9, 2003 ' Absent: Jay Edwin Polglaze Committee Member Also Present: Pamela Akin Cyndie Goudeau Rosemarie Alfaro Brenda Moses City Attorney City Clerk Administrative Analyst Board Reporter . The meeting was called to order at 6:00 p.m. at City Hall. . To provide continuity for research, items are in agenda order although not . nec"essarily discussed in that order. 2. Review Proposed Changes It was requested, per the Committee's previous recommendation. that Section 2.02(5)(v) of Article I be changed to read "The council may donate real property to a nonprofit organization for the construction of residential units upon a finding by the council at a public hearing that such donation serves a public purpose." In response to a question regarding Section 7.02 Charter Review Committee, City Attorney Pam Akin explained the recommended changes call for the appointment of twelve members but allow the membership to drop to ten prior to appointments to fill vacancies being needed. Discussion ensued regarding the last paragraph in Section 2.01 (6). It was requested the paragraph in part read: "...shall be developed or maintained other than as open space and associated city-owned recreational facilities such as a marina. amphitheater, and associated, appurtenances such as city-owned parking facilities and public utilities, excepfupon a finding by the council at a duly advertised public hearing that such development is necessary In the interest of the public health, safety, and welfare of the citizens of the City and approval of such finding at, referendum. conducted subsequent to.the public hearing," ' . Charter Review 2003-09-09 1 9/9/03 . I ' ~ . ~ I'" I.. " ,.,., ~ I" ~ I ',' . I' , I, I ~. . .' . I' . . 3. Public Comment Three persons spoke regarding the Committee's proposed changes to the Charter. Concerns included the wording in Section 2.01 (6) regarding uassociated appurtenances". being too broad; assuring public access to the facilities;' four-year terms being too long; and a request that Section 2.01(5)(ii) be changed to read,u...highest competitive bid at or above the. appraised val ue. . .", 4. Committee Member Comments and Questions ., Discussion ensued regarding the meaning and intent of the word appurtenances. It was felt it was clear an appurtenance would have to be related to and needed to support the city-owned facilities. It was also believed requiring the facilities to be city- owed would assure their accessibility. Ms. Akin said Section 7 of the Charter was not , changed and would limit the City's ability to sell, lease or otherwise convey such facilities. It was agreed Section 2.01 (5)(ii) be changed as requested. , The next Charter Review Committee meeting is scheduled for 4:30 p.m. on September 23, 2003 in the second floor conference room at City Hall. . . 5. ' Adiourn The meeting adjourned a~ 6:34' p.m. -~ -,,,, . . " ~. .'::--.... \".. ~ ' '- ~ j \.~ "'-.. Chair , -_~__:.\ Charter Review Committee . . .. . Charter Review 2003-09-09 2 , 9/9/03 '. ',' \:, ~ . .: . I. " '.' .... '.' . ' , . I' '. . I I . " ~ I . I " I I '. ".l' I :. 1. . I' . .,.1.' I , , .. '. .', . , " ., . ',' .' ..' +"', , . . ..: . ': ' . ' I . , . , '. ' .' , . . ' ,. I'" , ' . , ..CHARTER ..... .... , , . , , . . .... .......... ..REVIEW.. ..... . ... .' . COMMITTEE. . . ..... ,.. . . ....'... ' . MINUTES . . :..' . , . . '. , . , . . ," '.': ., ". ," .' ' ,t ' . . " ' , .' . . . . ~' ., T -' . I ',.... .. .Date .... . .D9)~~lo3... .. .. ......' '.,. ..., ... '., .. ., . . . . . . . . ~ , , . . . , '1,. . . . . , , . . . , t " , " , . . ,. , . , . . . , . . t' . . . , " , . . . " .:. . . . . ' . . ,.', ',..' , .' ~ , " < ,I . . .' . " " , . , . . , . >" ,'. '. ' ., . . , . .' , '.' I. . '. .' , . . . . , . .. . . , , , .. . . , c ' ", . " ~ ' , "\ 'I, . . , .1, " ", I. < . , .' . . ,,', ". " ". . ".' '., 4 . . '~ 1 I '. '., ....' '. t '. ' <, \ . . ' . , " . , . ~ . , " . T . .' .j' . " . r. , , . . " ,i .. . . . . . , " , 1 " , . " . " ., ". ' . c , , .' . , . ., , . , , . , , . . , '. 1 , ,. :,', '. '" . J. .: .,. : .' '. . . " "," <' . . " . . > . U . . . . " .' . . , . , '4, , ...... \. I ,,~ " I, I , d , . , :; ... I ' . , , ' I' " ., .. .t . , . CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER September 23, 2003 draft Present: Daniel Dennehy Melody W. Figurski Thomas D. Calhoun John Doran William Joe Fisher Nicholas C. Fritsch Timothy A. Johnson, Jr. Lawrence (Duke) Tieman Chair Vice Chair Committee Member Committee Member. . Committee Member Committee Member Committee Member Committee Member - departed 5:51 p.m. Absent: . Katherine Elliott Cole Isay M. Gulley Jay F. Keyes ,Jay Edwin Polglaze Committee Member Committee Member Committee Member Committee Member Also Present: - Pamela Akin Cynthia E. Goudeau Rosemarie Alfaro Patricia O. Sullivan City Attorney City Clerk Administrative Analyst Board Reporter .. The meeting was called to order at 4:30 p.m. at City Hal,l. . To provide continuity for research, i,tems are in agenda order although not necess'arily discus~ed in that order. . 2 - Approval of Minutes . . Regarding the minutes of the August 26, 2003, meeting, it was recommended" . . . of the Council." be added to the end of sentence two, page three, paragraph three, and the word "always" be deleted from sentence one, page one, .Ias~ paragraph. Member Doran moved to approve the minutes of the August 26, 2003 meeting as changed. . The motion was duly seconded and carried unanimously. Regarding typos in the minutes of the September 9, 2003, meeting, it was noted several decimal poin'ts are missing from section nunlbers. Member Figurski moved to approve the minutes of the September, 9, 2003, meetings, as . changed, The motion was duly seconded and carried unanimously. . 3 - Review of Recommendations a) Nicholas Fritsch's e-mai! . Charter Review 2003.09.23 1 . , " I'" ,= . . . . .' . I, j' '" I' . ~. . I ~"'. I'. ," . - ~ . . . ',': ' i ',' . I I' I " l ~. I , :' L I ~ ~ " " ' . , . ..' . .,' , ' ... .. L .' . . ..', . . ! ". . , " ;. >, '~ ' '.. ' , \ . Member Fritsch reviewed his recommendation to include in the proposal that Charter Review Committee recommendations go directly to the voters, a requirement that Charter Review Committees present final proposals to the City Commission for comments. Committees would reserve the rigtlt to leave the draft unchanged and could return to the Commission again. for further discussion. He said tapping into the Commission's body of knowledge as a resource is important to the process. Concern was expressed delaying Commission input until the end of the process may be too late to make meaningful changes. It was recommended the Charter Review Committee be made up of 12 citizen members and two ex-officio members, the Mayor and Vice Mayor, who could attend meetings, provide input, but not vote or control the process. Member Johnson moved to amend recommendations for Section 7.02 to add the Mayor and Vice Mayor as ex-officio, non-voting members of the Charter Review Committee. The motion was duly seconded. Members Figurski, Calhoun, Doran, Fisher, Fritsch, Jo,hnson, and Tieman voted "Aye"; Chair Dennehy voted "Nay." Motion carried. Recommended changes to the draft: Section 1.01 a, sentence one, to read II . . . perform municipal functions, and render services. The City may. . ." and at the end of the paragraph to read" . . .granted by general or special acts of the Legislature of the State of Florida or as otherwise provi~ed by law." Change grammatical. . . Section 2.01 a, sentence one to read, "There shall be a city council (the "council") . . ." Change corrects type. Section 2.01 c1, sentence one to read, "Each October, a report on the evaluation of the performance of the City Manager and City Attorney shall be presented at a public meeting," Change streamlines language, Section 2.01 c2, sentence two to read. .. . . .relating to the operating budget capital budget, and capital program and provide for hearings on the budget. . ." Change grammatical. Section 2.01 d4, sentence one to read, .. . . . or dredging relating to Dunedin Pass and Stevenson Creek. . .n Change clarifies where dredging is permitted. Section 2.01 d5(i), sentence two to read, .. . . .disposition of uneconomic remainders, or as otherwise provided within this charter, . . ," Change clarifies language. Section 2.01 d5(ii), sentence one to read, II . . . sale of real property is in the public interest as provided in Section 2.01 d5(i) . . ." Change clarifies language. Section 2.01 d5(iii), sentence one to read, II . . . after a finding by the' council at an advertised public hearing that the transfer serves a public purpose. . ." Change grammatical. Section 2.01d5(iii), sentence one to'read, " . . . upon a finding of the council at a pUblic hearing that such exchange serves the public interest." Change clarifies language. . Charter Review. 2003-09-23 2 : ' ' ~. " ,:. . ~ : L. ," .... ~. ,:' ., .' " " I' '.: . " : ,~ : " , ' : ' ' " '.' fl' , .' . . ." ',., .' .. /, .' ' . .' : . t " ,... '.. ,'" .:,'. " ' , " " . >' .'. , , . .. , r'. . , '1 I . . .' , I' ~ . . I' ;, I , "'~' ' " , ' . ' . . . Section 2.01d5(vi), sentence one to read. " . . . on November 16,1989 (or as designated or added thereafter), ' . ." and h. . .appropriate to dedicate right-of-way or an easement over. , ." Changes grammatical. Following discussion regarding a perceived ambiguity, the majority agreed to make no other changes. Section 2.01d5(vii), sentence one to read, "No right-of-way or public easement. . ." Change clarifies language. Section 2.01 d5(viii). sentence one to read, "After a finding as provided in Section 2.01 d5(vi) herein, . ." Change clarifies language. Section 2.01 d5(ix), sentence one to read, "When purchasing real property for less than $500,000, the council shall obtain an appraisal performed by City staff or independent certified appraiser. If the purchase price of such property equals or exceeds 5500,000 but less.than 51- million, the council shall obtain ar least one appraisal by an independent certified appraiser. If the purchase price of such property equals or exceeds 51-million. . . ." Discussion ensued with a recommendation to lower the amount of money spent on appraisals, as property values are increasing rapidly. The recommended change increases minimum values for properties requiring appraisals and parallels requirements of Florida Statutes. Member Johnson moved to increase the, minimum values of 'property requiring appraisals from $250,000 to $500,000, and increasing the minimum values of property requiring two appraisals from $500,000 to $1-million. The motion was duly seconded and carried . unanimously. Section 2,01 d6,' sentence, one to read. .. . . .. being fUrther described in Appendix A and no municipal or . . ." Change corrects punctuation. Discussion ensued with a recommendation that language clarify the type of development permitted below the 28-foot line, at Coachman Park and on the waterfront. Concerns were expressed that development not block view corridors. In response to a suggestion that associated appurtenances be defined specifically as associated restrooms, utilities, and the City-owned parking fa~ility, the City Attorney said appurtenances also. reference fountains, roadways, light posts, benches, etc. The City Attorney said a FAR (Floor Area Ratio) could be established to limit waterfront development below the 28-foot line. The City Attorney said a restaurant or community facility for catering on the bayfront would have to be approved by referendum. The goal is a certain amount of public development. Discussion ensued with comments that the garage should support parking for the park and amphitheater. not the beach. Oppo"sition to a restaurant, bait and tackle shop, or fuel sales at the marina was expressed. Support of buildings for recreational use and support of those uses, such as dressing rooms necessary for the amphitheater. and a minimal size dock master building and associated restrooms was expressed.. Charter Review 2003-09-23 3 ,.' ..' '> , . I' 1 . '~ . ~. : . .. I" I' I'" . .: I...... . , . .. . l' ...,. , .' I , . . , ~ ~.' . . . Concern was expressed the location of the parking facility be more specific. A requirement that the facility be City-owned was suggested. The City Attorney recommended against limiting the capacity of the parking facility. Discussion ensued regarding locations for the parking garage, with concern expressed its location be restricted. Member Johnson moved that Section 2.01d6, sentence one, following the colon, read" . . . shall be developed as open space and associated city-owned recreational facilities such as boat slips, docks, dock master office. amphitheater, and associated appurtenances, such as city-owned parking facilities located south of Cleveland Street, and public utilities. . ." The motion was duly seconded. Members Figurski, Calhoun, Doran, Fisher, Johnson, and Tieman, . and Chair Dennehy voted "Aye"; Member Fritsch voted "Nay." Motion carried. Section 2.01 d7. sentence one to read, ". . . Harborview Center. as described in Appendix S, which structure may be leased for and used in furtherance of any municipal purpose consistent with the charter. . ." Change corrects punctuation. Discussion ensued regarding residency requirements in Section 2.02.. So that residents who travel are not prevented from qualifying for office, it was recommended sentence ohe read, "Members of the council shall be qualified voters and permanent residents of the City, for at least one year prior to submitting a petition for election. The council shall be the judge of the election, and the other qualifications of its members; and of the grounds for forfeiture of their office.1I The other change corrects punctuation. Section 2.03, paragraph two, sentence one to read. "No person. . . served as a council member for two consecutive full terms shall serve as a council member, other than mayor, during the succeeding two year'period." Andsentence two to read, U . . .mayor or council member for the succeeding two-year period.'" Change makes language consistent. Section 2.04, sentence two to read, " . . .commencement of the terms of council members elected at the next regular election, occurring at least six months following the adoption." Change clarifies ambiguity in language. Regarding Section 2.05, discussion ensued regarding the need for a vice mayor to take over the mayor's duties in case of the mayor's resignation. City Clerk Cyndie Goudeau said currently the mayor takes office at the second meeting in March and the vice-m~yor is elected at the second meeting in April, leaving a time period. without a vice mayor. It was . recommended the vice mayor be elected at the first meeting in April. Section 2.05, paragraph two, sentence one to read, "At the first council meeting each April, .'. ." Change improves process. Regarding Section 2.0Gb, discussion ensued regarding council member rights to ask, questions of employees The City Attorney said the City Manager needs to control the time staff spends dealing with a council member's inquiries. It was recommended Section 2.06b, paragraph two, sentence' one read, "Nothing in the ,foregoing paragraph prohibits individual members of the council from reasonably questioning Charter .Review 2003-09-23 4 r . . . jro . ~ I. ~ . i . ,. J ,I, ',' ,. \ . 'I" ." . .: . , . . . I . . . . . and observing city officers and employees so as to obtain independent information. . ." Change indicates council member questioning of employees must be reasonable. Section 2.07c1, sentence two to read, .. . . .after it occurs, it shall be filled by the Governor." Change clarifies language. Discussion ensued regarding Section 2.09c, with a recommendation that sentence one read, " . . .of the council, and shall be noticed as required by law. " The City Attorney recommended the language reflect current law. The Council can change charter language to reflect State law. The majority opposed this change. Discussion ensued regarding Section 2.1 Oa, with a recommendation that language be changed. The majority agreed t~ not make this change. . Section 3.03a, sentence one to read, "Appoint, promote, suspend. . ." And sentence two to read, "Such appointment, promotion, suspension, demotion, or . . .n Change clarifies City Manager responsibilities. In response to a question regarding Section 3.03b, the City Attorney said language indicates the City Manager has no authority over many boards. Section 3.03f, to read, II . . . a comprehensive report on the financial conditions and. . ." Change clarifies language. Section 4.01, sentence two to read, II . . . and such other staff as the council may authorize," Change clarifies language. Section 8.03, to read, ". . . and the method of conducting all elections of the city." Change grammatical. Regarding Section 8.04, the City Attorney indicated the definition of the council, to. include the mayor, is included in the charter. As it is done by ordinance, it was recommended that sentences two and three be deleted. Change removes direction not appropriate for. charter. ' Article IX, the title to read, "FISCAL MANAGEMENT PROCEPURES" and sentence one to read, "The City's fiscal management procedures shall include provisions relating to the operating budget, capital budget, and capital program, and provide for hearings, ... ." Change corrects language. . Section 10.05a, sentence two to read,.... . . shall become effective for elections after 2004." Change corrects language. . Consensus waS' to approve all undisputed recommended changes,'subject to review by , the City Attorney, 4 - Draffof Final Report. - delayed to next meeting 5 - Set remaininQ meetinq dates Charter Review 2003-09-23 5 , ' . , , , \ I" / .., I ,I ~ . j I . '. . I' . .' t ."L: . . Con,sensus was to s,ched,ule. meetings on September 30 and if needed. ,October 7, 2003. 6 . Adiournment . , ' Tt}e meeting adjourned at 6: 17 p.m. Chair ' Charter Review Committee . Attest: City Clerk i ~ ' ., ~. , . " " , , " q,:. " . . ., ,. ,t " " . " ". ~ '.. . . , . .' " . :, c ,c. \ ". q' . ". t' I' I ~ . . , " '., . I. . ) I.: . I, :. > I . .. , . I . ". , . . . , . '. ~ .' , ., . '1 '. , . . . ,. I . , . , " , . . ; . . . ;. Charter Revie'w. 2003-09-23 ,. ". 6 ". T' +, ," " . , , . .. ~ .' '.' '. . t . ... ' " ;':" ' . ' . ' ,- '. .', I .'., ,'..., \ .' 'l . . ~. . ' . . . ." t \ ' "