Loading...
08/31/1998CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER August 31, 1998 Present: Timothy A. Johnson, Jr. Chair Douglas Hilkert Vice Chair Richard Fitzgerald Committee Member Pat Greer Committee Member Judy Mitchell Committee Member William Justice Committee Member Carolyn Warren Committee Member Absent: Jackie Tobin Committee Member Mayme Hodges Committee Member Grant Petersen Committee Member Also Present: Rita Garvey Mayor Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 4:01 p.m. at the Main Library. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Item #2 - Approval of Minutes In reference to pages 3 and 4, it was noted rights-of-way is misspelled. Member Hilkert moved to approve the minutes of the meeting of August 10, 1998, as corrected. The motion was duly seconded and carried unanimously. Item #3 - Continuing discussion of Charter revisions Member Hilkert will review proposed form changes prior to September 14, 1998. Section 2.05 Consensus was to remove language related to evening meetings. Section 2.06 Consensus was for no change to this section. Section 2.07(e) AND Section 2.07(f) A suggestion was made to combine these sections and update the language. It was felt the Commission should dictate restrictions related to board members. It was recommended language continue to indicate that board members are not compensated. Staff will report on compensation regulations related to members of State boards. Member Warren moved to combine Sections 2.07(e) and 2.07(f), label the Section “Boards,” and modify the language to read, “The Commission is empowered to appoint such advisory boards as it deems appropriate and regulatory boards as may be established by law.” The motion was duly seconded and carried unanimously. Section 2.08 Concern was expressed language allows two Commissioners to call a meeting even though such a discussion would violate the State’s sunshine laws. The City Clerk indicated the City Manager can set a special meeting at the request of one Commissioner. It was felt the 24-hour minimum notice requirement should remain unchanged. Section 2.09(b) Concern was expressed regarding the extent of amendments allowed by law between the first and second readings. It was suggested more flexibility would avoid delays. This issue to be discussed with the City Attorney at a future meeting. Section 2.08(c) Discussion ensued regarding compelling absent members to attend meetings. It was felt Commission rules would have to establish a procedure for this action before attendance could be compelled. Section 2.10(b) AND Section 2.10(c) The majority felt the Charter should be changed to allow flexibility in using records management technologies. Member Warren moved to modify Sections 2.10(b) and 2.10(c), to allow the maintenance of records by unspecified technologies and require the City Clerk to make City records available to the public at a reasonable charge and to change the title of (c) to “Availability of Public Records.” The motion was duly seconded and carried unanimously. Article 3 It was recommended this heading be changed to “Administration” and the legislative section heading be changed to “Legislative Power.” Section 3.01 No substantive changes were recommended except grammatical corrections. Section 3.03(f) As the charter requires the City Manager to submit a comprehensive report on the finance and administrative activities of the City as of the end of each Fiscal Year, it was recommended a 3-month deadline is reasonable. The City Clerk will verify the report this section addresses. Section 4.01 Consensus was to move Section 4.01 - City Clerk to Article III. Administration, Section 3.04, with the current Section 3.01 being renumbered to 3.05. Consensus was to change (a) under City Clerk to “custodian of all records of the City,” and (b) to “attest all documents requiring attestation and agreements to which the City is a party.” Section 4.02 No substantive changes were recommended except to be renumbered Section 4.01. Section 4.03 It was recommended the section be headed “City Attorney,” and language be modified to require the City Attorney only be a member in good standing of the Florida Bar” and not require admittance to the U. S. District Court to practice. It was felt that gender references should be consistent and neutral when possible. Section 4.04(a) It was felt the language should continue to indicate the City Attorney maintains control over Legal staff. The Commission limits the number of Assistant City Attorneys through the budget process. The importance of separating the powers of the City Manager and City Attorney was noted. Consensus was to move sentence #2 to Section 4.05. Section 5.01 It was recommended this section be moved to Section 2.01(c) or removed. The City Attorney will comment. Section 6 It was questioned if this section could be eliminated or shorted to refer to State law. Staff will report. It was recommended the number of people necessary to start an initiative or referendum process be lowered from the current requirement for 10% of all registered voters. It was suggested the percentage relate to the number of people who voted. Consensus was that barriers to citizen initiatives should be lowered. Section 6.09(a) AND Section 6.09(b) Concern was expressed if an initiative is treated the same as any other ordinance the Commission can repeal them immediately as well as overturn referendum. It was felt the Commission should respect the wishes of voters. Member Hilkert moved to add language: (a) following that a voter supported initiative “shall be treated in all respects in the same manner as an ordinance of the same kind adopted by the Commission,” insert “except that it may not be repealed until after the next regular City election.” and (b) following “election results” insert “and may not be reenacted in substance until after the next regular City election.” The motion was duly seconded and carried unanimously. Section 7.02 It was recommended Charter Review Committee recommendations go directly to election and bypass the City Commission. The Commission currently can void all Charter Review Committee recommendations. The proposal would be consistent with State and County procedures. It was suggested committee membership include Commission representation but not control. Language to establish an appointment procedure will be discussed at a future meeting. Member Greer moved to approve in concept the Charter Review Committee recommendations going directly to the voters. The motion was duly seconded and carried unanimously. Future Meetings Future meetings of the Charter Review committee are scheduled for September 14, September 28, and October 5, 1998, in the OED Conference Room at City Hall. ITEM #4 - Adjournment The meeting adjourned at 5:35 p.m.