03/22/2007
CHARTER REVIEW COMMITTEE
CITY OF CLEARWATER
March 22, 2007
Present: Jay E. Polglaze Chair
Howard Warshauer Vice-Chair
William Blackwood Committee Member
Frank L. Dame Committee Member
Elizabeth Drayer Committee Member
Candace Gardner Committee Member
Joseph Harra Committee Member
Joshua Magidson Committee Member
Joyce E. Martin Committee Member
William Wallace Committee Member
Absent: Alex Plisko, Jr. Committee Member
Kathy Milam Committee Member
Also Present: Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Rosemarie Call Management Analyst
Brenda Moses Board Reporter
The Chair called the meeting to order at 2:30 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 Minutes – March 8, 2007
Member Magidson moved to approve the minutes of the regular meeting of March 8,
2007, as recorded and submitted in written summation by the City Clerk to each Committee
motioncarried
Member. The was duly seconded and unanimously.
3. Discuss Real Property – Section 2.01 d (5)
City Manager Bill Horne expressed concerns regarding lack of flexibility in managing real
property or uneconomic remainders. City Attorney Pam Akin reviewed restrictions on the sale
or donation of real property.
City Clerk Cyndie Goudeau reviewed the history of citizen-driven restrictions to
development on the bluff below the 28-foot line.
Engineering Director Mike Quillen said due to restrictions, the City could not grant
Progress Energy an easement on the bluff for facilities necessary to serve the Memorial
Causeway Bridge and Opus project. Locating the equipment elsewhere impacted project
progress and costs. Similar challenges are anticipated should the status of the Harborview
Center and City Hall properties change. He suggested language allow underground utilities for
public use on City-owned property. It was stated that only utilities for City facilities are allowed.
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Discussion ensued. It was stated that two Charter issues impact the way the City does
business: 1) Donation of City property for low-income and workforce housing, and 2) Use of real
property for public utilities. Staff was directed to provide language that replaces real property
limitations with separate limitations on the sale and use of general real property and the bluff.
Committee Member Magidson moved to delete all real estate prohibitions in Article II,
Sections (5), (6), and (7), and after "…used for other than City facilities…" to add "…and
motion
facilities of public utilities which are placed underground." in Section 2.01 d (7). The
was duly seconded. Members Blackwood and Magidson voted “Aye.” Members Dame, Drayer,
Gardner, Harra, Martin, Wallace, and Warshauer and Chair Polglaze voted “Nay.” Motion
failed.
Member Warshauer moved to correct Subsection (7) of Article II to allow underground
motion
public utility easements. The was duly seconded.
In response to a question, the City Attorney said the City would retain control over its
property regardless of public utility easements.
carried
Upon the vote being taken, the motion unanimously.
In response to questions, Director of Economic Development & Housing Geri Campos
said the term “affordable housing” has many interpretations. Staff will submit suggested
language regarding the disposition of property for workforce housing, including resales in
perpetuity. The City Attorney said although the City can donate real property to governmental
entities without referendum, it never has. The City wants to donate several uneconomic
remainders to Habitat for Humanity.
Concern was expressed that the City lacks plans for changes to its character after the
addition of many high-rise buildings. It was suggested that the Charter include language
requiring a referendum for building and development code changes. Discussion ensued. There
was no consensus to pursue request.
The City Attorney provided Committee members with data comparisons for municipal
charter reviews, ordinance initiative petitions, and ordinance referendum petitions.
4. Discuss public hearing dates
Consensus was to invite representatives from the FCCMA (Florida City and County
Management Association) and Conference of Mayors, as proponents of council-manager and
strong mayor forms of government, after the April 12 presentation.
Ms. Goudeau said meetings featuring guest speakers will be advertised and relocated
for improved public accessibility. The Supervisor of Elections will speak on April 26, 2007.
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.
.
.
5. Adiourn
The meeting adjourned at 4:04 p.m.
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