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12/16/2002 CITY COMMISSION SPECIAL WORK SESSION CITY OF CLEARWATER December 16, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Mary K. (Sue) Diana Assistant City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 9:07 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 – Overview City Manager Bill Horne said the purpose of this meeting is to discuss the role of City advisory boards and obtain feedback from representatives of those boards. ITEM #3 – General Issues City Clerk Cyndie Goudeau said some advisory boards have been in existence for a long time and have not been reviewed to determine if their original purpose is still valid. She noted items such as length of board member terms, the election of a chairperson, etc., addressed in individual ordinances, are also covered by the general ordinance. She recommended items covered in the general board ordinance be taken out of the individual board ordinances. a. Appointment Process Ms. Goudeau said the appointment process needs to be addressed. There are times when the commission is not familiar with the nominees for board vacancies. She said there was discussion regarding an interview process. Discussion ensued in regard to the appointment process, and Ms. Goudeau indicated the current process has been in place a long time. The board questionnaire was added in the past five years. msp1202 1 12/16/02 b. Terms Ms. Goudeau said some concern had been expressed that advisory board terms are four years and Commission terms are three years. Another concern was that a sitting board may not reflect the thinking of the current commission. In response to questions, Ms. Goudeau said the four-year terms were established in the late 1980’s or early 1990’s and the MCEB (Municipal Code Enforcement Board) members’ terms are for three years and are governed by State Statute. c. Code of Conduct Ms. Goudeau said as there have been some occasions when advisory board members have exhibited inappropriate behavior toward staff, the public, or one another, it had been suggested that a Code of Conduct for advisory board members be established. d. Grounds for Removal Ms. Goudeau said the only finite grounds for removal of an advisory board member are excessive absences. Some sections of the Code reference misconduct but do not define it. It was remarked that other cities have adopted a Code of Conduct. Discussion ensued regarding whether or not a board member can be removed from a board if that member is in litigation with the City. City Attorney Pam Akin said board members with differing opinions than the City or the majority of the board would not constitute grounds for removal, nor would pending litigation by a board member. First amendment rights are still valid while serving or applying for service on an advisory board. It was remarked that sometimes the passionate opinions of some individuals escalate to the point that it makes other board members uncomfortable; however, their peers generally bring it to their attention and the situation changes or sometimes the member resigns. It was suggested that prior to reappointment of an advisory board member, staff provide the Commission with information regarding applicants with Code violations, particularly repeat offenders. It was suggested in the future, the staff liaison to each advisory board provide the Commission with any pertinent information regarding members that are eligible for reappointment. Mr. Horne said he has instructed staff they are not expected to tolerate verbal abuse and they have the right to terminate those types of dialogue. He said part of his responsibility is to bring those types of items to the Commission’s attention. He suggested a board member’s service be reviewed at the time of reappointment, rather than pursue corrective action. Ms. Goudeau said plans currently are being developed to conduct an orientation session for advisory board members. Robert’s Rules of Order, the city’s vision, the Sunshine Law, staff’s role, and the role of the Chair would be reviewed at that time. The frequency of orientation sessions and the availability of staff to conduct the sessions are also being reviewed. In response to a question, Ms. Goudeau said these boards serve in an advisory capacity to the Commission. Annual reports regarding advisory boards and their accomplishments previously were supplied to the Commission but found to be unnecessary. Some boards have expressed concern regarding its purpose and feel they do not provide enough value or do not have enough business. In response to a suggestion for an executive summary of the meeting, msp1202 2 12/16/02 Ms. Goudeau said advisory board recommendations are forwarded to the Commission along with summarized minutes. Ms. Goudeau referred to Section 2.068 of the Code of Ordinances, which calls for the Commission to designate a person between the ages of 17 – 22 to serve on certain boards. This has not been followed, as it is difficult finding individuals of that age group who are interested in serving on an advisory board. It was suggested prior to deleting that section, staff contact local high schools and colleges to educate them about the potential for community service on an advisory board. It was remarked four-year terms for board members are excessive and should be reduced to three years and that a one-year hiatus from serving on a board is a sufficient period of time to allow for turnover. It was remarked the Commission appreciates and values the volunteers on all the advisory boards. Board members are being heard and Commissioners read meeting minutes to keep advised of board concerns and recommendations. Members also are welcome to contact staff, the Mayor, and Commissioners individually with any concerns, remarks, or recommendations. It was remarked advisory board meetings are noticed and open to the public. ITEM #4 – Advisory Boards a. Airpark Advisory Board The Chair of this board was not present. Ms. Goudeau said the Commission recently revised this board’s ordinance for clarification purposes. Part of its responsibilities provides for the board to initiate studies and make recommendations. Ms. Goudeau said should a board suggest a study, the study could not involve more than eight hours of staff’s time without prior approval of the Commission. Marine and Aviation Director Bill Morris felt this board’s priorities are different than staff’s. Although this board adds value to the City and is passionate about its opinions, there have been times when some board members have questioned staff’s decisions and placed them in an adversarial role. In response to a question, Mr. Horne said this board’s role has been clarified recently. He said Mr. Morris always has followed the administration’s guidance. Board members are free to share their concerns with the Commission. In response to a question, Ms. Akin said Commissioners can speak with individual board members but cannot tell one board member what another one is planning to do. It was remarked there had been some concern the Airpark Master Plan was not being implemented as quickly as initially planned. A comment was made any action taken with respect to the golf course adjacent to the Clearwater Airpark would require a voter referendum. It was suggested citizens probably would not approve removal of that golf course to increase the design and profitability of the Airpark. Mr. Morris was complimented for his efforts to maximize the potential of the Airpark. msp1202 3 12/16/02 In response to a question, Mr. Morris said staff works with the neighborhoods, invites them to meetings, sends letters to residents, and works with board members to canvass the neighbors to solicit input on various issues. b. Beautification Advisory Board Ms. Goudeau said this board was founded in 1969 and its duties have not changed. Sally Foote, outgoing Chair, and Brooks Hammac, former Chair, said they did not feel the length of terms are particularly significant. They currently have seven members and could probably function with five, as they have not always had a full committee at meetings. They felt that most decisions are made before being brought to their committee and they would like to play a more substantive role in the review process. They complimented staff for their responsiveness to the committee’s questions. They felt that the relevance of their committee has been an issue for more than a year and a half, and their only accomplishment has been recommending the Commission pass a resolution endorsing the purchasing of the Connelly property. The committee presents beautification awards to deserving property owners. Mr. Brooks suggested a meeting with other advisory board chairpersons to learn about other boards’ purposes and functions. He said as dollars are spent for the creation of projects throughout the City, the board tries to consider the ongoing cost of maintenance. It was remarked the timing of issues and projects being brought to the committee should be reviewed. It was suggested the committee become involved in Home of the Quarter, beautification and landscape grants, streetscaping, etc. Parks and Recreation Director Kevin Dunbar said staff has discussed this committee’s role with the board. Staff generally involves the committee in Parks and Recreation Department projects. It was suggested this committee be utilized by more than just the Parks and Recreation Department. It was remarked the Commission should decide how broad they want this committee’s focus without slowing down the normal process. It was suggested this committee could champion causes such as litter control and landscape improvements. c. Brownfields Advisory Board The Chair of this board was not present. Ms. Goudeau said this board is governed by State Statute. Staff will research whether this board and the Enterprise Zone Development Agency could be combined. It has been difficult maintaining attendance on both boards. Economic Development & Housing Director Reg Owens said both the Brownfields Advisory Board and the Enterprise Zone Development Agency work with similar programs. Most meetings are staff driven including review of grant applications and opportunities. Mr. Owens said both boards require a great deal of staff time to prepare annual reports, etc. Assistant City Manager Ralph Stone felt this board could play a broader role with respect to expansion of the CRA and gateway. He noted there are already three mainstreet committees in place. msp1202 4 12/16/02 d. Community Relations Board The Chair of this board was not present. Ms. Goudeau said the Commission recently eliminated the restrictive categories for this board. Equity Services Director Eleanor Breland said the role of this board changed substantially three years ago. Some board members are receiving training for study circles in an effort to better understand and identify community issues. The board has expressed interest in continuing its role. In response to a question, Ms. Breland said she felt a five-member board would be sufficient. In the past when the board consisted of more members, there were attendance problems. Ms. Breland said this board no longer reviews housing and employment discrimination cases. The County reviews cases that arise in the area from Ulmerton Road northward. Mr. Horne said Clearwater has a lower volume of human relation and discrimination issues than other cities. This board keeps the administration abreast of social issues. e. Environmental Advisory Board Chair Sandy Jamieson said the board is concerned with how it can function effectively to keep the City aware of environmental impacts. All members are well informed by City staff. Staff presents items to the board that they intend to present to the Commission. The board discusses these items and recommends various options to the Commission. She felt a five- member board works better than seven because it is easier to obtain a quorum at meetings. She suggested terms could be reduced to three years. She said in an effort to become more proactive, the board is alternating board meetings and work sessions. She suggested the annual board appreciation dinner be changed to a more informal event to allow board members to mingle with one another. She requested the Commission update the board regularly regarding their expectations. Freda Drake, former Chair, felt the board is beneficial to the City, but members sometimes feel isolated and wonder if their efforts and recommendations are being heard. She was in favor of quarterly meetings with the chairpersons of other City advisory boards. f. Enterprise Zone Development Agency See item c. g. Library Board Ms. Goudeau said this board was founded in 1950 and their duties have not changed. Changes have been made to the number of members over the years. Chair Judy Melges was in favor of board orientation sessions, three-year terms, and a one-year hiatus from serving on a board. She said there currently are seven members. In the past there have been times when there were not enough members for a quorum and it may be beneficial to reduce membership to five. She said this board provides citizens the opportunity to speak at the beginning of each meeting. She said the board needs to know it serves a purpose msp1202 5 12/16/02 and that the Commission is listening. She said the annual board appreciation dinner could be made more informal to allow for mingling with other board members. In response to a question, Ms. Melges said the groups that raise significant funds to support the library perform a different function than this board. h. Marine Advisory Board Marine Advisory Board Member Paul Kelley said he had no objections to the changes and comments suggested. He said this board has an excellent working relationship with Mr. Morris and City staff. Mr. Morris keeps the board informed of pertinent issues throughout the City so that the board can make decisions intelligently. Board members have a diverse marine background and are proactive, especially with respect to marine-related development opportunities. Mr. Kelley said he feels this board keeps abreast of City projects. He said the current membership of seven works well, however, he has not discussed whether five members is preferred with other board members. There is rarely a lack of a quorum at meetings. i. Neighborhood and Affordable Housing Advisory Board Ms. Goudeau said this board is involved in various housing related programs such as the CDBG (Community Development Block Grant) and makes recommendations to the City Manager and Commission regarding those programs. Chair Peggy Cutkomp said she felt the board orientation session is an excellent idea. She felt new members bring fresh ideas to the board and three-year terms would be sufficient. This board has reduced membership from nine to seven members this year due to problems achieving a quorum at meetings. She said the board has begun to advertise board vacancies on its web site. The board meets six times a year in addition to other meetings during the subrecipient application process. The board consistently tries to help the City find the best allocation of funds. In response to a remark, Assistant Housing Director Howie Carroll said this board’s recommendations already have been incorporated into the process before allocations are approved and dispensed. j. Parks and Recreation Board The Chair of this board was not present. Ms. Goudeau said this board was established in 1950 and its role has not changed. Some discussion had taken place regarding combining the Beautification and Parks and Recreation Boards. Mr. Dunbar said this board consists of five members. There have been no attendance problems or difficulty replacing outgoing members. There are several subcommittees that provide input to this board. In response to a question, Mr. Dunbar said approximately three years ago, this board began rotating locations of board meetings to obtain more public participation and keep members educated about the different types of City programs and facilities. Ms. Goudeau requested direction from the Commission regarding advisory boards. msp1202 6 12/16/02 It was suggested: 1) members’ terms be consistent; 2) a one-year hiatus from serving on a board rather than a full term; 3) removing language in the Code that specifies meeting schedules and allow individual boards to set its own; 4) board orientation sessions; 5) board members revisit bylaws and rules of procedure; and 6) roundtable discussions with board chairpersons 2-4 times a year. ITEM #5 – Regulatory Boards a. Community Development Board Ms. Goudeau said this board is governed by State Statute. Chair Carlen Petersen said this board follows statutory regulations and the Code. She felt board membership is well balanced. Although the alternate board member does not always have an opportunity to vote at meetings, that position is critical when members recuse themselves from cases. It was remarked that the alternate member is given the opportunity to express an opinion regarding any items discussed at meetings. In response to a question, Ms. Petersen said she did not feel a second alternate member is needed. Ms. Petersen said staff keeps the board informed and is always well prepared for meetings. Ms. Petersen said although the annual board appreciation dinner is appreciated, a less formal setting would allow members to mingle with other boards. She said citizens have the opportunity to speak on items at meeting. She said this board’s voice is heard by the Commission. It was remarked that this board’s membership is dedicated. She found it important to have the youth of the community involved in the boards as they are the future leaders and can learn by serving. She said concern had been expressed this board is comprised of developers. The membership reflects otherwise. Ms. Petersen felt the board has the expertise to effectively address infill-related cases. A concern was expressed the City places tremendous responsibility on this board. It was suggested members’ terms expire in April rather than prior to the election of new Commissioners. An opinion was expressed new commission members are not familiar enough with the residents in the community and their qualifications. b. Municipal Code Enforcement Board This board is guided by Florida Statute regarding the number of members, the length of terms and its duties. Discussion ensued regarding the Municipal Code Enforcement Board having its own attorney and it was indicated the City Attorney cannot represent both staff and the board. In response to a question, the City Attorney said the legal department can represent both staff and board at the Community Development Board meetings as it does not present cases to this board. In response to a question, it was indicated discussion regarding the Budget Advisory Board would be brought forward at a later date. msp1202 7 12/16/02 It was noted a Sisters’ Cities Advisory Board was mentioned by the Sisters’ Cities Organization. There was discussion regarding a Youth Advisory Board. The City Manager noted the Library and Parks & Recreation have mechanisms to involve today’s youth. A suggestion was made for a youth symposium to get input. Discussion ensued in regard to the City reaching out to organizations and boards involved with today’s youth to find ways to participate and attract kids into these programs. In response to a question, it was indicated a report regarding the Elder Ready Program should be ready by the end of the year. Adjourn The meeting adjourned at 11:55 a.m. msp1202 8 12/16/02