06/01/1994 CHARTER REVIEW COMMITTEE MEETING
June 1, 1994
The Charter Review Committee met at the City Hall on Thursday, June 1, 1994, at 5:37 p.m. with the following members present:
Gerald Figurski, Chairman
Jerry Lancaster, Vice-Chairman
Joe Evich (arrived 6:14 p.m.)
Anne Garris (arrived at 5:46 p.m.)
Kenneth Hamilton
Al Lijewski
Curlee Rivers
Tony Salmon
Karen Seel
Absent:
Les Smout
Also present:
Kathy Rice, Deputy City Manager
Mary K. Diana, Assistant City Clerk
The Chairman called the meeting of the Charter Review Committee (CRC) to order.
General Obligation and Revenue Bonds
Deputy City Manager Kathy Rice stated the city's bond counsel recommended clarification of the language regarding public health, safety and welfare. She distributed recommended language.
A question was raised if this language provides the flexibility for the city for necessary projects. Ms. Rice indicated it did.
Ms. Rice indicated staff is comfortable with a $20 million referendum limitation on revenue bonds. She said staff preferred no limit except on general obligation bonds and mortgages.
A question was raised as to how many of the city's bond issues are above $20 million. Ms. Rice cited the sewer plant project at $40 million. She indicated a reclaimed water project
and a Pasco gas franchise could cost $65 million and $30 million, respectively. These projects would be secured by revenues from utility funds.
Discussion ensued in regard to the bond counsel's recommended language providing that bond validation not be required if additional bonds needed to be issued. In response to a question,
it was indicated this language would replace the second paragraph in Article IX of the charter.
Discussion ensued in regard to specifying a limitation amount to provide some control. It was also felt if an amount is not specified, this provision would be defeated by the voters.
An opinion was expressed language regarding referendum requirements should be included in this article.
Member Salmon moved to amend Article IX. Fiscal Management Procedures. by deleting the second paragraph and substituting the following language: "Bonds, notes and other forms of indebtedness
secured by ad valorem taxation or by a mortgage on city owned property, and any revenue bonds for projects in excess of $20 million, except any revenue bonds for projects mandated by
federal or state law, a judicial decision or refunding, may be issued only after the same have been approved by vote of the electors of the city at referendum conducted in accordance
with the laws of the State of Florida." The motion was duly seconded and carried unanimously.
Section 2.01 Commission; composition; powers.
(d) Limitations (4)
Discussion ensued in regard to the language "disposed of" regarding real property identified on the city's comprehensive land use plan may as recreation/open space.
Concern was expressed the effective date in this paragraph may be interpreted in different ways.
Member Garris moved to amend Section 2.01(d)(4), paragraph 4, as follows: "No municipally owned real property identified as recreation/open space on the city's comprehensive plan map
as said plan existed on (need date) (or as may be added to hereafter) may be sold, leased or conveyed to another entity without prior approval..." The motion was duly seconded and carried
unanimously.
Discussion ensued in regard to whether language should be added to the charter requiring appraisals when the city purchases real property. A suggestion was made to use the language
"independent" appraisers rather than "outside" as previously recommended.
Member Salmon moved to amend Section 2.01(d) by adding a subparagraph to read as follows: (6) The commission when purchasing real property whose value is less than $2 million dollars
shall obtain at least one appraisal by an independent certified appraiser. If the value is in excess of $2 million, the commission shall obtain at least two appraisals by independent
certified appraisers. The motion was duly seconded and
carried unanimously.
The Chairman recommended providing a copy of the proposed changes to the charter to the Acting City Attorney to review for conflicts.
Ms. Rice left the meeting at this time.
Candidate Vacancies.
Discussion ensued in regard to two candidates running for one seat and due to death, withdrawal, etc. only one candidate is left to run for that seat.
Member Salmon moved to add a new Section 8.06. Candidate vacancy to the charter as follows: "If the death, withdrawal or removal from the ballot of
a qualified candidate occurs after then end of the qualifying period and leaves fewer than two candidates for an office then the qualifying period shall be extended to the latest date
for which the election guidelines can be met. If the election guidelines cannot be met then the remaining candidate shall be declared the winner. The motion was duly seconded and carried
unanimously.
Section 4.04. Assistant city attorneys, special counsel. - (b)
Discussion ensued in regard to the commission engaging outside legal counsel and whether this counsel should also report to the city attorney in addition to the commission.
Member Garris moved that Section 4.04(b) remain unchanged. The motion was duly seconded and carried unanimously.
City Auditor.
Discussion ensued in regard to appointing a city auditor for the commission and what their functions should be.
Member Salmon moved to add a new Section 4.06. City auditor. as follows: "The commission may appoint a city auditor who shall serve at the direction and will of the commission. The
city auditor's duties shall includes but not be limited to: (1) compliance audits; (2) operational efficiency audits; (3) reviews of city plans, procedures, operations and related internal
controls; and (4) recommendations for change and improvement. All reports of the city auditor will be filed in the office of the city clerk." The motion was duly seconded and upon
the vote being taken, Members Evich, Garris, Lancaster, Lijewski, Rivers, Salmon, Seel and Figurski voted "aye;" Member Hamilton voted "nay." Motion carried.
Term Limits.
Discussion ensued in regard to term limits. A recommendation had been made previously to limit terms to 12 years. An opinion was expressed 12 years is too long and a recommendation
was made for a six year term limit.
There was discussion regarding after serving the limit of 6 years on the commission being able to run for mayor and allowed to serve 6 more years and vice versa. Concern was expressed
in jumping back and forth.
A recommendation was made to require a break after a 6-year term. Concern was expressed in not allowing a commissioner after serving six years to run for mayor as this was found to
be a natural step. It was felt the commissioner could serve for one 3-year term as commissioner and then run for mayor.
A recommendation was made for 9 years cumulative for mayor and commissioner with a 3-year break in service before running for office again.
It was questioned whether there was a need for term limits in the city of Clearwater.
Member Garris moved to amend Section 2.03 by adding at the end of the first paragraph the following: "No commissioner or mayor-commissioner can serve more than two consecutive terms
unless they wish to serve as mayor-commissioner in which case they can serve four consecutive terms, two as mayor, after which time a three year break is required before a person can
serve again." The motion was duly seconded and upon the vote being taken, Members Evich, Garris, Lijewski, Rivers, Salmon, Seel and Figurski voted "aye;" Members Hamilton and Lancaster
voted "nay." Motion carried.
Section 10.05. Schedule. - (a) Effective date.
Discussion ensued in regard to when the term limits should become effective.
Member Garris moved to amend Section 10.05(a) by adding at the end of the first paragraph the following: "Term limits as specified in Section 2.03 shall not be retroactive and shall
become effective at the next date of the election for that seat." The motion was duly seconded and upon the vote being taken, Members Evich, Garris, Lijewski, Rivers, Salmon, Seel and
Figurski voted "aye;" Members Hamilton and Lancaster voted "nay." Motion carried.
Section 2.01. Commission; composition; powers. - (c) Duties.
It was noted a recommendation was received from staff that an indepth discussion is needed to establish criteria for measuring and evaluating the performance of the city manager.
Member Lijewski left the meeting at this time.
An opinion was expressed the commission has adequate standards to evaluate the city manager. Concern was expressed in conducting the evaluation in public.
Discussion ensued in regard to daytime meetings. It was noted a letter had been received indicating the current schedule of regular daytime meetings would discourage people from running
for a seat on the commission.
An opinion was expressed the commission should not be voting at Monday daytime meetings.
A recommendation was made to forward the letter referring to these meetings along to the commission.
Member Lancaster left the meeting at this time.
Section 2.06. Prohibitions. - (c) Holding other office.
Discussion ensued in regard to running for another office while holding a seat on the commission. Concern was expressed proper attention cannot be given to the current position as
commissioner or mayor-commissioner if running for a higher office.
It was noted the Florida Statutes requires forfeiture of an office only if the terms would overlap.
An opinion was expressed if a commissioner is going to run for another higher elected position, when they qualify for that seat, they should be required to resign.
Concern was expressed in a commissioner continuing to serve after a resignation has been tendered.
An opinion was expressed someone should not be penalized because he/she wants to run for another office and serve the public in another capacity.
No action was taken at this time.
The meeting recessed from 7:20 p.m. to 7:30 p.m.
Section 2.08. Procedure. - (a) Meetings.
Concern was expressed the recently proposed $22 million municipal services/police facility was not clearly identified on the commission agenda.
There was discussion in regard to whether or not 24 hours is sufficient notice for special meetings. It was noted some cities only require 6-12 hours notice.
A statement was made commission policy specifies that additional agenda items may be added upon not less than 72 hours notice except for emergency items.
A recommendation was made to add language to this section requiring an agenda to be available 72 hours prior to the meeting.
No action was taken at this time.
Section 6.05. Petitions. - (d) Time for filing referendum petitions.
Discussion ensued in regard to the previous amendment of inserting the word "signed" before "referendum petition. A request was made to change "signed" to "completed."
No action was taken at this time.
There was some discussion regarding public hearing advertising timeframes. The Assistant City Clerk indicated different applications have different advertising requirements. She also
noted public hearing advertising requirements are governed by the Florida Statutes and the City Code of Ordinances.
The meeting recessed from 8:04 p.m. to 8:10 p.m.
Discussion ensued in regard to June 8th's agenda which includesy procedures for meetings filing petitions and term limits.
The meeting adjourned at 8:20 p.m.
Attest: Chairman
Assistant City Clerk