04/12/2007
CHARTER REVIEW COMMITTEE
CITY OF CLEARWATER
April 12, 2007
Present: Jay E. Polglaze Chair
Howard Warshauer Vice-Chair – arrived 4:31 p.m.
William Blackwood Committee Member – arrived 4:32 p.m.
Frank L. Dame Committee Member
Elizabeth Drayer Committee Member
Candace Gardner Committee Member
Joseph Harra Committee Member
Joshua Magidson Committee Member
Kathy Milam Committee Member
Alex Plisko, Jr. Committee Member
William Wallace Committee Member
Absent: Joyce E. Martin 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 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 Minutes – March 22, 2007
Member Milam requested that the minutes reflect her absence.
Member Dame moved to approve the minutes of the regular meeting of March 22, 2007,
motioncarried
as amended. The was duly seconded and unanimously.
3. Presentation – Margie Simmons, Finance Director
Finance Director Margie Simmons distributed handouts regarding debt issuance and
financing and reviewed the City’s ratio of outstanding debt over the last ten years.
In response to questions, Ms. Simmons said most governments have spending limits in
their charters or ordinances. Between 25% and 30% of the City’s budget comes from property
taxes. The remainder comes from franchise and user fees, etc. Should the Legislature change
property appraisal methods, City property tax revenues would be reduced.
Discussion ensued regarding the provision in Article IX requiring referendum approval of
revenue bonds for projects greater than $1 million, with exceptions for public health, safety,
industrial development, refunding, and projects validated by the court.
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Ms. Simmons said this restriction costs the City money, delays projects, increases project
costs, and could affect the City’s ability to rebuild some structures in a timely manner following a
natural disaster. Only Sarasota County’s charter has a similar provision, which has required
unnecessary expenditures by the county. Ms. Simmons suggested that the Charter not include
this limitation, as other checks and balances are in place.
Suggestions were made to increase the limit or remove it, as it no longer is practical. Ms.
Simmons said removing the limitation would require a referendum for every project above zero
dollars. It was suggested the entire sentence regarding the $1 million provision be deleted. It
was commented that the Charter serves as a mechanism to establish a government and
limitations regarding debt, spending, etc. belong in ordinances.
motion
Member Magidson moved to delete sentence two of Article IX. The was duly
seconded.
Discussion ensued. Concern was expressed that removing the sentence could empower
the Council to approve a $1 billion project. Ms. Simmons said the City only can issue bonds if it
has an identified revenue stream to cover repayment. She did not know of any projects not
realized because of this provision.
Upon the vote being taken, Members Blackwood, Dame, Gardner, Harra, Magidson,
Milam, and Plisko and Chair Polglaze voted “Aye”; Members Warshauer, Drayer, and Wallace
carried.
voted “Nay.” Motion
It was questioned if annual public hearings on the budget could be scheduled earlier in
the budget planning process to allow public input for review and possible incorporation into the
budget. Ms. Simmons reviewed the process for budget public hearings, including staff, City
Manager, and Council preparation time. She said previous public budget presentations mostly
garnered comments from the few residents in attendance that complimented staff’s preparation
of the budget.
4. Discuss Ordinance Initiative Petitions
The City Attorney said Clearwater has one of the lowest number of voter signatures
required to qualify to petition for items on the ballot. The billboard sign initiative in the 1980s was
not placed on the ballot, as the Council adopted an ordinance instead.
5. Discuss Charter Amendment Petitions
and
6. Discuss Ordinance Referendum Petitions
The City Attorney reviewed requirements for charter amendment petitions and ordinance
referendum petitions.
Other
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.
.
.
Discussion ensued regarding the frequency of Charter Review Committees as stated in
Section 7.02. It was felt reviews are too frequent, with the last meetings held in 2003. It was
suggested that the frequency of meetings be tied to a specific number of years, not elections.
Member Magidson moved that Section 7.02 be amended to read: "The Council shall
appoint a charter review advisory committee in January 1994, and at least every seven years
thereafter provided the appointments are made in January of a year preceding a city election. "
The motion was duly seconded and carried unanimously.
It was requested the Committee review a previously distributed article regarding the
significance of a municipal charter, as the article is succinct.
Staff reported that the Supervisor of Elections will speak regarding election dates at the
April 26, 2007 meeting.
Consensus was to invite Dr. Susan MacManus of the University of South Florida to the
May 24, 2007 meeting, which will be held at the Main Library.
7. Adiourn
The meeting adjourned at 5:56 p.m.
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