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09/28/1998CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER September 28, 1998 Present: Timothy A. Johnson, Jr. Chair Douglas Hilkert Vice Chair (arrived 4:35 p.m.) Richard Fitzgerald Committee Member Pat Greer Committee Member (arrived 4:08 p.m.) Judy Mitchell Committee Member Mayme Hodges Committee Member (arrived 4:08 p.m.) Carolyn Warren Committee Member Jackie Tobin Committee Member William Justice Committee Member Absent: Grant Petersen Committee Member Also Present: Rita Garvey Mayor Pam Akin City Attorney Cyndie Goudeau City Clerk Brenda Moses Board Reporter The Chair called the meeting to order at 4:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Item 2 - Approve Minutes from Meeting of September 14, 1998 Member Warren moved to approve the minutes of the meeting of September 14, 1998, as submitted in writing to each member. The motion was duly seconded and carried unanimously. Item 3 - Follow-up From Previous Meeting Open items from previous meetings were reviewed. Article II Legislative It was determined the City Attorney does not need to research what the term “legislative” means in the title. Section 4.03 It was remarked grammatical changes involving the consistency of gender references throughout the Charter can be addressed when other grammatical changes are finalized. Section 10.05 (b) In response to a question, the City Attorney said the special election for Charter amendment may be held in conjunction with regular elections. Article 10, Section 10.1 Consensus was this section is no longer necessary. Member Greer moved to recommend deleting the entire section. The motion was duly seconded and carried unanimously. Section 2.03 - paragraph 4 The Committee had asked the City Attorney change this section to suggest language that would prohibit the Commission from taking any action between the election and the time the new Commission takes office. She suggested language regarding the newly elected Commissioners taking office at the next Commission meeting following certification of election results. A 24-hour period would exist in which the Commission could have a special meeting. It is important not to create a situation where the Commission cannot sit or take action when needed. Member Warren moved to recommend changing Section 2.03, paragraph 4 to read “Newly elected commissioners shall take office at the next commission meeting following certification of city election returns.” The motion was duly seconded and carried unanimously. Section 7.02 The committee had requested the City Attorney propose language that would address the composition of the Charter Review Committee and have its recommendations go directly to the voters. The City Attorney suggested language modeled after the County Commission’s charter. Discussion ensued regarding the proposal. Consensus was for the City Attorney to rewrite this section incorporating: 1) the Charter Review Committee be not less than ten members, not more than two of whom may be City Commissioners; 2) the Committee submit a report to the City Commission on or before December 1 of the year; 3) the report shall include proposed amendments with the wording of the ballot question or questions; and 4) a referendum election will be held with the next City election to vote on the proposal or proposals submitted by the Charter Review Committee without change to those questions. Section 2.03 Discussion ensued regarding changing terms of office for City Commissioners from three to four years. The City Clerk said if four-year term limits were approved on the next ballot, it would go into effect beginning with the March 2001 election. Consensus was not to change term limits. Item 4 - Continuing Discussion of Charter Revisions Article 2 - Section 2.01(d) (4) (I) In response to a question, the City Clerk said if a lease is less than five years the property does not have to be declared surplus. The City Attorney said the recommendation to delete the language “... or to the lease for a term longer than five years...” would not preclude the City from leasing an item longer than five years. The Chair distributed copies of grammatical changes to the Charter. It was suggested separate questions be placed on the ballot regarding substantive and non-substantive changes. All changes must be voted upon. It was noted the current charter, Section 4.01, is recommended to become Section 3.04. Section 3.04 (e) It was recommended changing this section read “... and keep minutes of proceedings.” Article IV It was noted “City Clerk” should be deleted from the heading and the remaining sections of Article IV be renumbered. Section 4.03 (a) It was noted the “t” in “the Florida Bar” in the last sentence should be capitalized. Section 4.05 It was requested “the” be deleted before “compensation” and “City Attorney.” Section 2.01 (c) It was suggested the current Section 5.01 be placed under the duties of the Commission in Section 2.01: “As part of the discharge of its duty the city commissions shall: regulate comprehensive planning, zoning, and land development as provided by law.” Section 2.01 (d) Discussion ensued regarding the City’s ability to rent materials and services. Member Hilkert moved to recommend subparagraph (d) (2) read “The city commission shall by ordinance adopt procedures for the purchase or rental of goods and services.” The motion was duly seconded and carried unanimously. Section 2.03 It was suggested paragraph 4 read “No person who has, or but for resignation or forfeiture of office would have, served as a commissioner for two consecutive full terms, shall serve as a commissioner other than mayor-commissioner for the succeeding three-year term. No person who has, or but for resignation or forfeiture of office would have, served as mayor-commissioner for two consecutive full terms, shall serve as mayor-commissioner or commissioner for the succeeding three-year term.” Section 3.03 It was suggested subparagraph (f) requires a financial and administrative report. Section 10.05 Sentence 2, subparagraph (a) Discussion ensued regarding whether changes suggested in Section 2.03 would impact the effective dates of term limits in this section. The City Attorney will review this section for appropriate language. Consensus was for the City Attorney to integrate the subsequent changes into nonsubstantive changes. It was requested the next meeting scheduled for October 5, 1998, at 4:00 p.m. will be noticed for public input. The Chair requested members review the suggested grammatical changes before the next meeting. Item 5 - Adjourn The meeting adjourned at 5:12 p.m.