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08/26/2003CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER August 26, 2003 Present: Daniel Dennehy Chair Melody W. Figurski Vice Chair Thomas D. Calhoun Committee Member Katherine Elliott Cole Committee Member John Doran Committee Member Nicholas C. Fritsch Committee Member William Joe Fisher Committee Member – arrived 4:43 p.m. Isay M. Gulley Committee Member Jay Edwin Polglaze Committee Member Absent: Timothy A. Johnson, Jr. Committee Member Lawrence (Duke) Tieman Committee Member Jay F. Keyes Committee Member Also Present: Pamela Akin City Attorney Cyndie Goudeau City Clerk Rosemarie Alfaro Administrative Analyst Brenda Moses Board Reporter The meeting was called to order at 4:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2. Approval of August 12, 2003, minutes Member Doran moved to approve the minutes of the regular meeting of August 12, 2003, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. Review final changes regarding Property issues Discussion ensued regarding the sweeping versus the incremental change that was discussed previously. In response to a question, City Attorney Pam Akin said she has informed the Commission regarding the Committee’s suggested changes but does not feel it appropriate to ask for their feedback, as they will receive a final report from the Committee inclusive of all the suggested changes to the Charter. Ms. Akin said the Bluff would be equally affected by either the incremental or the sweeping changes. It was remarked that it is the Committee’s responsibility to make a recommendation to the Commission regarding the two options. In response to a question regarding Section 5(v), Ms. Akin said the donation of real property to a nonprofit organization generally is for construction of residential units. It was suggested that this section be changed to read “The council may donate real property to a non profit organization for the construction of residential units upon a finding by the council at a public hearing that such exchange is in the public interest.” It was suggested that language regarding donations to low to moderate-income entities be added to this section. Consensus was that the Charter was not the place for that language. Member Figurski moved to recommend the incremental changes as discussed to the Commission. The motion was duly seconded and upon the vote being taken, Members Figurski, Cole, Doran, Fritsch, Gulley, and Polglaze voted “aye”; Chair Dennehy voted “nay”. Motion carried. 4. Set Agenda for Public Hearing Consensus was to hold the public hearing regarding the Committee’s proposed changes to the Charter at 6:00 p.m. on September 9, 2003, at City Hall. Ms. Goudeau said staff would ensure the proposals are on the City’s website. The discussion could include proposed changes with explanations for the changes in each section of the Charter. The Committee would then meet regarding a final report to the Commission. Ms. Goudeau will check to see if the meeting could be televised on C-View. She said a newspaper advertisement would be placed in the St. Petersburg Times regarding the public hearing. It was remarked the main library and the Greater Clearwater Chamber of Commerce also could post the meeting notice. The Chair would present the final report to the Commission at the October 16 Commission meeting. Once Ms. Akin receives the Commission’s decisions regarding the Committee’s recommendations, she would write the questions that would go to referendum. 5. Discuss other issues Regarding Section 2.07, Ms. Akin said any references to Commissioner would be changed to Council and Mayor to Mayor/Councilmember. Regarding Section 2.01(a), consensus was it was not necessary to define the Mayor’s seat. In response to a question, Ms. Akin said in the event of an emergency the Vice-Mayor would temporarily serve as Mayor, which could potentially change the Vice-Mayor’s term of office. In response to a question, City Clerk Cyndie Goudeau said a Commissioner would not have to resign their seat to run for Mayor unless their term overlapped. Consensus was not to make any changes to this section. Discussion ensued regarding Section 7.02, Charter Review Advisory Committee. Suggestions were made regarding requiring a percentage of membership being maintained, appointing alternate members, whether two Commissioners should be allowed to serve on the Committee, and how Committee members are appointed. It was remarked that although the current Commission individually selected appointees, they also collectively selected individuals from throughout the City to ensure a good representation on the Committee. Member Fritsch moved that the Committee reconsider their proposed language for Section 7.02. The motion was duly seconded and upon the vote being taken, Members Figurski, Fritsch, Calhoun, Fisher, Gulley, and Polglaze and Chair Dennehy voted “aye”; Members Cole and Doran voted “nay”. Motion carried. Discussion ensued and it was remarked that the current language in the Charter does not provide for two Commissioners on the Charter Review Committee; the language being proposed by this Committee does and suggests that the recommendations of the Committee go directly to referendum. Discussion ensued regarding the appointment process. It was suggested that the Commission appoint five members and there be seven at-large appointments. Another suggestion was there be a minimum of ten and a maximum of twelve members. A remark was made that the Commission could deal with the issue of alternates. Member Fisher moved to set up a process whereby the Charter Review Committee’s recommendations go directly to referendum, each Councilmember would appoint one member to the Committee, and seven at-large members would be voted upon. If the makeup of the Committee should ever go below ten members, the members would be replaced by a vote of the Council. The motion was duly seconded and upon the vote being taken, Members Fisher, Cole, Doran, Fritsch, Calhoun, Gulley, Polglaze and Figurski voted “aye”; Chair Dennehy voted “nay”. Motion carried. 6. Adjourn The meeting adjourned at 5:50 p.m.