06/05/2018 - Strong Mayor Task Force STRONG MAYOR TASK FORCE
CITY OF CLEARWATER
June 5, 2018
CLEARWATER EAST COMMUNITY LIBRARY
Present: Bud Elias, Chair Committee Member
Norma Carlough Committee Member
Karen Graham Cunningham Committee Member
Cyndie Goudeau Committee Member
David Loyd Committee Member
George Mantzaris Committee Member
William Sturtevant Committee Member
Stan Vittetoe Committee Member
Howard Warshauer, Vice Chair Committee Member
Olin Wright Committee Member
Absent:
Nino Accetta Committee Member
Jack Geller Committee Member
Rosemarie Kibitlewski Committee Member
Konrad McCree Committee Member
Keith Protonentis Committee Member
Also Present:
Pamela Akin City Attorney
Rosemarie Call City Clerk
William B. Horne II City Manager
Nicole Sprague ORLS Coordinator
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Item #1 - Call to Order
Chair Elias called the City Council meeting to order at 5:32 p.m.
Item #2 — New Business
2.1 — Discussed proposed changes to Section 8.05 - Elections.
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Follow up on motion to amend charter to provide for election of Mayor by majority rather than
plurality vote with runoff language included.
Section 8.05 - Elections.
(a) Council positions. All members of the city council shall be elected at large. The
candidate receiving the largest number of votes among the candidates for that seat shall be
elected.
(b) Mayor The mayor shall be elected at large. The candidate receiving a majority of the
votes for mayor shall be declared elected.
(bc)—Regulareiedions_ Regular city elections shall be held on the second Tuesday in March
of each year in which a council term expires.
(d) Runoff election for mayor_ If no mayoral candidate receives a maturity in the regular
election, a runoff election limited to the two candidates for mayor receiving the highest and
next highest number of votes in the regular election shall be held no later than 60 days after
the regular election_
(Ge) Special elections. Special municipal elections may be called by the council at any
time for such purposes as are authorized by law.
(d) —Effective date of office. Newly elected council members shall take office the next
business day following certification of city regular election retums. The newly elected mayor
shall take office the next business day following certification of the city regular election retums
or runoff election returns as applicable.
(q) Canvassing Board. The Pinellas County Canvassing Board shall serve as the City of
Clearwater's canvassing board, unless otherwise provided by ordinance.
Comments:
Changing the mayoral election from plurality to maiority requires the addition of either a runoff
provision or a primary race.
St. Petersburg has a primary election 10 weeks prior to the general municipal election. Their
general election is held in November_
Because our elections are held the second Tuesday in March. a_prirrow 10 weeks earlier would
fall in the winter holidays.
Tampa has a runoff election which was just recently amended to take place 49 days after the
general election in order to provide sufficient time for mailing of military ballots.
The Pinellas County Supervisor of Elections prefers not to have runoff elections because of the
impact on their election schedule and ability to plan.
Strong Mayor 2018-06-05 2
Currently they support runoff elections for St. Pete Beach which also holds their election on the
second Tuesday in March of each year when a term expires.
The City Attorney reviewed proposed changes.
In response to questions, the City Attorney said Supervisor of Elections needs
adequate time to provide sufficient time to mail ballots. With runoff elections, the
existing mayor may be held over until the results of the of the runoff election have been
certified. She said it is not uncommon to have electoral districts in a strong mayor form
of government but changing the current at -large process to districts will require time and
cannot be completed within this Committee's timeframe. It would be more appropriate
for the upcoming Charter Review Committee to consider electoral districts as there is
more than one way to implement districting.
Committee Member Carlough moved to suggest to the 2019 Charter Review
Committee discuss single member districts. Motion was duly seconded
and carried unanimously.
Committee Member Warshauer moved to recommend the following
amendments to Section 8.05, Elections, to the Joint City Council/Strong
Mayor Task Force group:
(a) Cowell positions. AN members of the city counci shall be elected at kage. The
candidate receiving the largest number of votes among the candidates for that seat shall be
emoted.
OA Mairon. The mayor shad be elected at large. The candidate receivina p glatotity of the
votes for mayor maid be deckired declaredelected.
` . Regular city elections shall be held on the second Tuesday in touch
of each yew in iivtich a cerci term
(d) Runoffekdico broom'. If no thavoial candidzde recei'
lection. a runoff electron li ` to the two cimicklMescandidatesmr i
next est nufter cOmtes in the reot.dar election shal be heldn Iai
the reader election.
(eej Special sorra. Special municipal elections may be by the c
time for such purposes as are authorized by law.
(Id) —Effective date of office. Newly elected con ncit members shall foie
business day following ng certification of city regular election returns. The neve
shall take office the next business day followino certification of the city regular election returns
or runoff election returns as applicable.
Canvassma Board. The Pinellas County Canvassing Board shall serve as the City of
Cleamatees canvassing board, unless otherwise provided by ordinance.
e
Strong Mayor 2018-06-05 3
The motion was duly seconded and carried unanimously.
2.2 Discuss requiring the Mayor or Chief Administrative Officer to attend council
meetings.
(c) Attend council meetings upon the request of city council and have the right to take part in
discussion, but not to vote.
Discussion ensued with comments made that the mayor would benefit from attending
council meetings and hear council concerns directly.
Committee Member Mantzaris moved to recommend to the Joint City
Council/Strong Mayor Task Force group the following amendment to
Section 3.03, Powers and duties of the mayor:
(c) Attend council meetings upon the request of city councd and have the right to take part in
discussion, but not to vote_
The motion was duly seconded and carried with the following vote:
Ayes: 7 - Chair Elias and Committee Members Loyd, Mantzaris,
Vittetoe, Sturtevant, Wright, Cunningham,
Nays: 3 - Committee Members Carlough, Goudeau and Vice Chair
Warshauer
2.3 Powers of Mayor.
Section 3.03. - Powers and duties of the
The city rrrtavor sib:
(a) Appoint, promote, and suspend, ckennak cu° remove any city empbyees or appoirdive
administrative dicers undid the city n ge's jurisditt on, except as may be otherwise
proves by law. Such appomrtment, promotion, suspension, demotion, or removal shall
mirjpkimmyffla the civil service taw and other app ca ire rules sod regtdation.s.
(b) Estabbsh or chsconfinue any city department, division or board in the adrrl istrative af%s of
the city, subject to council pp l
(c) Attend councd ruddings upon the request of city crema and have the right to take part in
discussion, but not to vote.
(d) See to the faithful execution of al laws, provisions of this charier, and acts of the council
subject toment by the cit., mmi yr a or officers subject to the c y.n n y" is
,na
supervision.
Strong Mayor 2018-06-05 4
(e) prepare; and -submit and present 10 the coined in provided by ordinance, the annual
budget, a capital improvement budget, and a projected capital improvement program for a
miiinum five-year period_
(1)Subma to the council at the first regular meeting in September of each year and make available
to the public a comprehensible report on the financial condition and administrative activities of
the city.
(g) Make such other reports as the canal may require convening the operations of city
departments, offices and agencies subject to the cid-manager'sMayor's supervision.
(h) Keep the council fully advised as to the inarrcial condition and future needs of the city and
make recommendations to the council concerning the silairs of the city.
(D Sign contracts on behalf of the city pursuant to the provisions of appropriations ordinances.
(j) Develop and keep currant an administrative code which nets forth the organizational and
operational procedures of the city goblemment.
(k) provide administrative assistance to the councl in connection with their official duties and
perform such other duties as am specified it this charter or may be required by the council.
(I) Act as purchasing agent for the city.
The City Attorney reviewed proposed changes.
Vice Chair Warshauer moved to recommend to the Joint City Council/Strong
Mayor Task Force group the following amendment to Section 3.03, powers
and duties of the mayor:
(a) Appoint, promote, and suspend, demote, or remove any city employees or appointive
administrative officers under the city manager's jurisdiction, except as may be otherwise provided
by law. Such appointment, promotion, suspension, demotion, or removal shall be in compliance
with the civil service law and other applicable rales and regulations.
The motion was duly seconded and carried unanimously.
Committee Member Wright move to recommend to the Joint City
Council/Strong Mayor Task Force group the following amendment to Section
3.03, powers and duties of the mayor:
(b) Establish or discontinue any city department, division or board in the administrative affairs of
the city, subject to council approval.
The motion was duly seconded and carried unanimously.
Committee Member Goudeau moved to recommend to the Joint City
Council/Strong Mayor Task Force group the following amendment to Section
3.03, powers and duties of the mayor:
Strong Mayor 2018-06-05 5
(d) See to the faithful execution of all laws, provisions of this charter, and acts of the council
subject to enforcement by the city-managermayor or officers subject to the city managama or's
supervision.
The motion was duly seconded and carried unanimously.
Vice Chair Warshauer moved to recommend to the Joint City Council/Strong
Mayor Task Force group the following amendment to Section 3.03, powers
and duties of the mayor:
(e) Prepare, and -submit and present to the council in the form provided by ordinance, the annual
budget, a capital improvement budget, and a projected capital improvement program for a
minimum five-year period.
The motion was duly seconded and carried unanimously.
Committee Member Carlough moved to recommend to the Joint City
Council/Strong Mayor Task Force group the following amendment to Section
3.03, powers and duties of the mayor:
(f) Submit to the council at the first regular meeting in September of each year and make available
to the public a comprehensive report on the financial condition and administrative activities of
the city.
The motion was duly seconded and carried unanimously.
Committee Member Wright moved to recommend to the Joint City
Council/Strong Mayor Task Force group the following amendment to Section
3.03, powers and duties of the mayor:
(g) Make such other reports as the council may require concerning the operations of city
departments, offices and agencies subject to the city-manager'ssMayoi s supervision.
The motion was duly seconded and carried unanimously.
Committee Member Loyd moved to recommend to the Joint City
Council/Strong Mayor Task Force group the following amendment to Section
3.03, powers and duties of the mayor:
(h) Keep the council fully advised as to the financial condition and future needs of the city and
make recommendations to the council concerning the affairs of the city.
The motion was duly seconded and carried unanimously.
Committee Member Wright moved to recommend to the Joint City
Council/Strong Mayor Task Force group the following amendment to Section
3.03, powers and duties of the mayor:
Strong Mayor 2018-06-05 6
Sign contracts on behalf of the city pursuant to the provisions of appropriations ordinances.
The motion was duly seconded and carried unanimously.
Committee Member Wright moved to recommend to the Joint City
Council/Strong Mayor Task Force group the following amendment to Section
3.03, powers and duties of the mayor:
(j) Develop and keep current an administrative code which sets forth the organizational and
operational procedures of the city government.
The motion was duly seconded and carried unanimously.
Vice Chair Warshauer moved to recommend to the Joint City Council/Strong
Mayor Task Force group the following amendment to Section 3.03, powers
and duties of the mayor:
(k) Provide administrative assistance to the council in connection with their official duties, and
perform such other duties as are specified in this charter or may be required by the council_
The motion was duly seconded and carried unanimously.
Committee Member Loyd moved to recommend to the Joint City
Council/Strong Mayor Task Force group the following amendment to Section
3.03, powers and duties of the mayor:
(I) Act as purchasing agent for the city.
The motion was duly seconded and carried unanimously.
Discussion ensued regarding appointing advisory board members. In response to
questions, the City Attorney said the City Council currently appoints all city advisory
board members. The mayor could appoint members, with council confirming some
members. If council fails to confirm the nominee, the mayor would have to nominate
another candidate. Most regulatory boards with independent powers have basis in state
law. Concerns were expressed that allowing the mayor to appoint all advisory board
members would place too much power with one individual.
Vice Chair Warshauer moved to recommend to the Joint City Council/Strong
Mayor Task Force group that the mayor shall appoint and remove members of
boards, committees and commissions, except as required by state law to be
made by the city council as the governing body of the city, and must be
confirmed by city council, if not, the mayor must resubmit names within two
meetings. The motion was duly seconded and carried unanimously.
The City Attorney reviewed the City of Tampa's provision related to contracts
[Section 4.01(2)]: the negotiation of all contracts, franchises, acquisition, and
Strong Mayor 2018-06-05 7
disposition of property and, upon approval thereof by the council, the execution on
behalf of the city of all agreements, leases, deeds, and other instruments in
connection therewith.
Committee Member Goudeau moved to recommend to the Joint City
Council/Strong Mayor Task Force group that the mayor be responsible for the
negotiation of all contract, franchises, acquisition, and disposition of property
and, upon approval thereof by council, the execution on behalf of the city of
all agreements, leases, deeds, and other instruments in connection therewith.
The motion was duly seconded and carried unanimously.
The City Attorney was directed to draft language for joint group's consideration
regarding the mayor's veto and override provisions.
2.4 Presentations from other Speakers.
AND
2.5 Set Agenda for next meeting.
The City Attorney asked if there was an interest to invite speakers who have served in a
strong mayor form of government. The individuals can provide their perspective on what
was most useful in that form of government.
There was consensus to invite Lynn Tipton, if available, to the next meeting to answer
questions regarding the CAO's qualifications, as well as a former strong mayor council
member. Speakers would be limited to 20 minutes each.
The Strong Mayor Task Force recessed from 7:32 p.m. to 7:39 p.m.
Item #3 — Public Comment.
Zach Thom said St. Petersburg made a change where the deputy mayor is also the
chief administrator.
The City Attorney said that change is not reflected in their charter.
Joe Corvino questioned the frequency of sessions for those charter reviews that take up
to a year or more to complete. He said that should something be missed in this
process, there would be time to correct before the changes become effective.
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The City Attorney said this process is moving quickly and when there is more
time, there is more public input and discussion to make sure it is being done
correctly. She said that corrections passed by referendum cannot be counted
on.
Lisa Lanza said it would make sense to take extra time and look at districts like those in
Tampa and St. Petersburg; people would be more apt to vote for the change if they
knew there were single member districts to go with it.
The City Attorney said there is a charter review scheduled in January 2019.
Council direction for the task force was to prepare charter amendment ballot
language in time for the November election.
Bill Jonson said the Task Force needs to prepare for when people can't get along or do
the right thing. He said there is an advantage to having language in the charter
requiring strategic visioning sessions to identify key priorities for the following year
which would go in to the budget and the strong mayor would have an obligation to
report on those accomplishments and priorities.
Item #4 — Adjournment.
The meeting adjourned at 8:06 p.m.
azt/Zr:
Chair
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