09/10/2015 CHARTER REVIEW COMMITTEE MEETING
CITY OF CLEARWATER
September 10, 2015
Present: Brian J. Aungst, Jr. Chair
Bud Elias Vice Chair
Nino Accetta Committee Member
David E. Allbritton Committee Member
Karen Cunningham Committee Member
Dirk A. Curls Committee Member
Leann J. DuPont Committee Member
Rosemarie Kibitlewski Committee Member
David Loyd Committee Member
George Mantzaris Committee Member
William Sturtevant Committee Member
Absent: Jane D. Bongo Committee Member
Also Present: Pamela Akin City Attorney
Rosemarie Call City Clerk
The meeting was called to order at 5:49 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
2.1 Approve the minutes of the August 27, 2015 Charter Review Committee Meeting as
submitted in written summation by the City Clerk.
Vice Chair Elias moved to approve the minutes of the August 27, 2015 Charter Review
Committee meeting. The motion was duly seconded and carried unanimously.
3. New Business
3.1 Discuss form of government.
Discussion ensued with comments made that the current form of government is working
and that citizens need the opportunity to look at the strong mayor form of government in the
future. Concerns were expressed regarding the impact strong mayor would have on the budget
and that changing to strong mayor now would give the impression something is wrong with the
current form of government.
Charter Review 2015-09-10 1
In response to questions, the City Attorney said the current Council does not have the
authority to place a question on the 2020 ballot. The Committee may suggest that Council
appoint a task force for the next election to take effect in 2020. Changing to strong mayor will
require a rewrite of the charter, which will take time as the powers of council and mayor are
defined. The council may schedule a special election in 2019.
Committee Member Loyd departed the room at 6:25 p.m.
Vice Chair Elias moved to recommend to Council to establish a task force to engage the
community, get feedback, and advise the Council whether to, or not, pursue strong mayor for
the 2018 election. The motion was duly seconded and carried unanimously.
Committee Member Loyd returned at 6:28 p.m.
Section 2.01
Discussion ensued regarding allowing Council to provide input on the hiring of the Fire
and Police Chiefs and Assistant City Managers. It was stated that the private sector is reducing
multiple managers.
In response to a question, the City Attorney said the Council has the right to confirm an
appointment.
Committee Member DuPont moved to allow Council to confirm the hiring of the Fire
Chief, Police Chief and Assistant City Managers. The motion was duly seconded. Chair Aungst,
Vice Chair Elias, and Committee Members Allbritton, Cunningham, Curls, DuPont, Loyd,
Mantzaris, and Sturtevant voted "Aye;" Committee Members Accetta and Kibitlewski voted
ay.
Motion carried.
Section 2.04
Discussion ensued regarding increasing council salaries with comments made that
increasing salaries would diversify council composition. It was suggested that the charter
includes language that sets a minimum for council salary.
In response to questions, the City Clerk said the mayor's salary is approximately
$25,000 and a councilmember's salary is approximately $21,000. The City Attorney said the
salaries are adjusted with cost of living. The charter allows councilmembers to be reimbursed
for expenses; they are provided a travel budget and health insurance.
Committee Members Allbritton moved to increase the mayor's salary to $35,000 plus
CPI and councilmember's salary to $30,000 plus CPI. The motion was duly seconded and
carried unanimously.
Section 2.01(c)(5) and Section 3.03
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Councilmember Bill Jonson submitted the following suggested language on June 11, 2015:
Section 2.01(c)(5)
i. Each April the Council shall hold a public meeting(s) for the purpose of
identifying one or more strategic initiatives to be of prime direction during the
following fiscal year. These strategic initiatives may be adjusted or changed
by the Council by super majority vote at two public meetings before the start
or during the targeted fiscal year.
Section 3.03
M. Provide Council and the public a quarterly progress report on the strategic priorities
adopted in accordance with Section 2.01(c)(5).
In response to a question, the City Attorney said only one councilmember supports the
quarterly updates. Each councilmember meets with the City Manager and City Attorney weekly
and are provided updates as needed.
No action taken.
Section 7.02
Discussion ensued regarding increasing the timeframe requirement for charter reviews.
Committee Member Curls moved to increase the timeframe requirement to six years.
The motion was duly seconded and carried unanimously.
3.2 Review proposed language regarding real property provided by the City Attorney.
Proposed Changes to Section 2.01(d)(6):
(6) No municipal or other public real property lying west of Osceola Avenue, east of
Clearwater Harbor between Drew and Chestnut Streets, being further described in
Appendix A. and no municipal or other public real property constituting the Memorial
Causeway or lands immediately contiguous thereto, more particularly described as:
That portion of Memorial Causeway (S.R. 60) a 1,200-foot-wide right-of-way, lying
between the east abutment of the west bridge and the east line of Clearwater Harbor,
and the submerged portions of Board of Trustees of the Internal Improvement Trust
Fund Deed Numbers 17,500 and 17,502, shall be developed or maintained other than
as open space and public utilities together with associated appurtenances, except
upon a finding by the council at a duly advertised public hearing that such development
is necessary in the interest of the public health, safety and welfare of the citizens of the
city and approval of such finding at referendum, conducted subsequent to the public
hearing. Except that a city owned amphitheater/bandshell and associated facilities
including temporary seating may be constructed; and, on such property south of
Cleveland Street. City-owned tennis courts and associated appurtenances may be
constructed and maintained en S, Gh property south of Cleveland Street
Charter Review 2015-09-10 3
Notwithstanding any provision of this section to the contrary, city owned public docks,
promenade, side tie moorings and not more than 140 dedicated boat slips for
recreational non-commercial vessels, together with public restrooms and dock master
offices which shall not exceed 1,200 square feet and associated surface parking, may
be constructed, operated and maintained in and on that portion of Clearwater Harbor
and abutting uplands generally located south of Drew Street, north of Smith's Finger,
east of the Intracoastal Waterway Channel and west of the Bluff as more particularly
described in Appendix B. Potable water, shore power, and sewage pump out and
floating restroom facilities may be provided to the slips, docks and moorings. The
dockmaster's office may include coin-operated washers and dryers and sale of ice. The
parking for the facility shall be existing surface parking which shall be brought up to
code and shall not result in any net loss of green space. Such spaces may be
designated for use by slip tenants. City may permit ferries, water taxis, excursion boats
and similar uses to access the docks for drop off and pick up of passengers and booths
for ticket sales and directional signageatAy. The promenade shall be constructed on a
portion of the footprint of the prior bridge. City council shall adopt by resolution
regulations that provide city residents first priority for the dedicated boat slips and
which insure public access to the docks, boardwalks and promenade, however nothing
herein shall prohibit fencing and gates for security. No boat launching ramps, fueling
facilities, +info+ beethc or parking garage shall be permitted. Concessions for rental of
non-motorized recreational equipment including but not limited to kayaks, paddleboats,
and paddleboards may be permitted.
In response to questions, the City Attorney said the proposed language does not require
the bandshell to be in a specific location; it may be located anywhere. The floating restroom
facilities would be for boatslip tenants only.
Committee Member Allbritton moved to accept the changes as presented. The motion
was duly seconded and carried unanimously.
Proposed Changes to Section 2.01(d)(7):
(7) No city owned real property in the area bounded on the north by Drew Street,
on the east by Osceola Avenue, on the south by Pierce Street, and on the west
by the waters of Clearwater Harbor, shall be sold, donated, leased, or otherwise
transferred or used for other than city facilities except upon a finding by the
council at a duly advertised public hearing that such transfer or use is
necessary and in the interest of the public health, safety and welfare of the
citizens of the city and the approval of such finding at referendum; except for
that structure known as Harborview Center, as described in Appendix B. Which
structure may be leased for and used in furtherance of any municipal purpose
consistent with the charter and ordinances of the city; and the Downtown Main
Library, portions of which may be leased and used for cafe or restaurants,
special events, art galleries and other library compatible uses.
Additionally, the council at a duly advertised public hearing, may grant
easements for underground utilities.
Discussion ensued with concerns expressed that the term library compatible is limiting.
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In response to questions, the City Attorney said the Library Director provided the
suggested language to address the changing nature of modern libraries. Modern libraries offer
technology, such as 3D printers, and training opportunities. Library compatible is a broad term
that can mean different things. It is intended that the Main Library remain a library.
Committee Member Acetta moved to amend Section 2.01(d)(7) to read, "...and the
Downtown Main Library, portions of which may be leased and used for cafe or restaurants,
special events, art galleries and municipal and commercial uses." The motion was duly
seconded. Chair Aungst, Vice Chair Elias, and Committee Members Accetta, Allbritton,
Cunningham, Curls, Kibitlewski, Loyd, Mentzer's, and Sturtevant voted "Aye;" Committee
Member DuPont voted "Nay."
Motion carried.
3.3 Discuss Clearwater Audubon Society's request.
The Clearwater Audubon Society submitted a request to add a charter restriction stating that no
real property identified as Preservation on the city's comprehensive land use map on January 1,
2015 or any time thereafter may be sold, donated, leased for a new use or otherwise transferred
without prior approval at referendum.
The City Attorney said the recommendation was not limited to city property. Much of
preservation property is not owned by the City. Once the property is designated Preservation it
cannot be changed. The group is concerned with particular areas being designated
Preservation forever.
Concerns were expressed that the recommendation would limit private property.
No action taken.
3.4 Prioritize suggested changes.
Discussion deferred to September 22, 2015.
4. Citizens to be heard regarding items not on the agenda: None.
5. Adjournment.
The meeting was adjourned at 7:10 p.m.
Attest:
Chair, Charter Review Committee
I (' �
City Clerk
Charter Review 2015 -09 -10 �'� } "_ .a,`o►` 5