06/12/2018 - Strong Mayor Task Force JOINT MEETING OF THE CITY COUNCIL AND STRONG MAYOR TASK FORCE
CITY OF CLEARWATER
JUNE 12,2018
CLEARWATER EAST COMMUNITY LIBRARY
Present: Bud Elias, Chair Committee Member
David Loyd,Vice Chair Committee Member
Nino Accetta Committee Member
Norma Carlough Committee Member
Karen Graham Cunningham Committee Member
Cyndie Goudeau Committee Member
Rosemarie Kibitlewski(arrived 6:29) Committee Member
George Mantzaris Committee Member
Keith Protonentis Committee Member
William Sturtevant Committee Member
Stan Vittetoe Committee Member
Howard Warshauer,Vice Chair Committee Member
Absent: Jack Geller Committee Member
Konrad McCree Committee Member
Also Present: George Cretekos Mayor
Doreen Caudell Vice Mayor
Hoyt Hamilton Councilmember
Bob Cundiff Councilmember
David Allbritton Councilmember
Pamela Akin City Attorney
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
Mayor Cretekos called the City Council meeting to order at 5:30 p.m.
Chair Elias called the Joint Task Force meeting to order at 5:30 p.m.
Item#2—Approval of Minutes
Councilmember Cundiff moved to approve the minutes of the May 29,2018 Joint City
Council and Strong Mayor Task Force meeting as submitted in written summation by the
City Clerk.The motion was duly seconded and carried unanimously.
Item#3—New Business
3.1 Task Force Chair Comments
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Chair Elias said Mr. Olin Wright submitted his resignation to the board.
3.2 Approve amendments to Section 8.05-Elections
The City Attorney said the change to this section includes language regarding the mayor being
elected at large and the candidate receiving the majority of the vote shall be declared elected.
This changes the process from plurality to majority and also provides for a runoff election for the
mayor.
A comment was made that the same process should be put in place for councilmember
elections.
Councilmember Allbritton moved to approve amendments to Section 8.05 as follows:
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)Regular elections. 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 majority 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.
(se) Special elections. Special municipal elections may be called by the council at any
time for such purposes as are authorized by law.
(fd) Effective date of office. Newly elected council members shall take office the next
business day following certification of city regular election returns.The newly elected mayor
shall take office the next business day following certification of the city regular election
returns or runoff election returns as applicable.
(g) Canvassing Board. The Pinellas County Canvassing Board shall serve as the City of
Clearwater's canvassing board, unless otherwise provided by ordinance.
The motion was duly seconded and carried unanimously.
3.3 Approve Amendments to Article I I I—Powers and Duties of the Mayor
The City Attorney said changes to this section fill in the purpose and background language of
strong mayor. In response to a question,she said that at this point,no duties have been given
to the chief administrator position;unless specified in the charter,the mayor is the Executive
Chief and Chief Administrative Officer.
Committee Member Warshauer moved to approve amendments to Section 3.01 as
follows:
Section 3.01.-G -Mayor.
The Gity managerMqy®r shall serve as the chief administrative officer and chief
executive officer of the city,and shall be responsible for the proper administration and ,- Formatted:Font:Italic
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conduct of the executive work and affairs of the city. The mayor shall be recognized as
the official head of the city by the courts for the purpose of service of process and by the
shall maintain an office in City Hall and shall devote full time to the duties of that office.
The motion was duly seconded and carried unanimously.
The City Attorney said the language is Section 3.02 is primarily taken from the
legislative section of the charter;the way the City's charter is broken down,all
requirements for term of office,qualified voter, etc. are in the legislative section,this
language was duplicated for the administrative section to make it clear that the
requirements applies to both the mayor and the council. In response to a question,the
City Attorney said the way the language is drafted,the mayor's position is brand new
and the term limits start over for the mayor. The current Mayor could run for office.
Vice Chair Loyd moved to approve amendments to 3.02(a)as follows:
Section 3.02.-Appointment- reniova4election and terms; absence; compensation.
term of four years.The mayor shall be a qualified voter of the city and shall have
continuously resided in the city for at least one year prior to submitting a petition for
election. The mayor shall continue to be a resident and elector of the city during the
term of office. No person who has,or but for resignation or forfeiture of office would
have, served as mayor for two consecutive full terms shall serve as mayor or council
member for the succeeding four-year term. Term limits shall be effective for the office of
Mayor on the date of the next election for mayor after 2020.
1hd awtied wiaardmiquadVonded and carried unanimously.
The City Attorney said Section 3.02(b)was deleted.
Discussion ensued regarding setting a baseline salary for the mayor in Section 3.02(c).
The City Attorney said putting a baseline salary or`not less than'wording in the charter
would be beneficial. The City Attorney was directed to provide the current salary of the
City Manager, Deputy City Manager,Assistant City Manager as well as comparable
salaries of cities with a strong mayor
The City Attorney reviewed the changes in Section 3.02(d)and said if the mayor is
unable to perform the duties due to temporary disability,disqualification,or absence,the
city council chair shall take over as acting mayor. If the absence is greater than 10
consecutive days,the acting mayor shall receive the mayor's salary during that time.
She said the 10-day language is common language across several charters that has
that provision.
Concerns were expressed that the city council chair may not be the appropriate person
to step in for the mayor in case of an absence. The City Attorney was directed to draft
language requiring the city administrator to serve as mayor in case of an absence,with
the mayor providing authorization detailing the authority of the city administrator.
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The City Attorney reviewed changes to Section 3.03(c)that were discussed at the last
Task Force meeting. A concern was expressed regarding the verbiage"upon request of
city council." It was said that the mayor or his representative should be at all council
meetings.
Committee Member Warshauer moved to approve changes to Section 3.03(c)as
follows:
c) Attend council meetings,upon request of city council and have the right to take part in -- Formatted:Font.11 pt,italic
discussion, but not to vote.
The motion was duly seconded and carried with the following vote:
Ayes: Chair Elias,Vice Chair Loyd,Committee Members
Accetta,Carlough,Goudeau,Cunningham, Mantzaris, Sturtevant,
Vittetoe,Warshauer,and Councilmembers Caudell,Cundiff and
Allbritton
Nays: Committee Member Protonentis, Mayor Cretekos,and
Councilmember Hamilton
The City Attorney said the only change in Section 3.03(d)is changing the word city
manager to mayor. The change to Section 3.03(e)added the words"and present."
Vice Mayor Caudell moved to approve changes to Section 3.03(d)and 3.03(e)as
follows:
(d) See to the faithful execution of all laws, provisions of this charter, and acts of the council
subject to enforcement by the Gity or officers subject to the
mayor's supervision.
(e) Prepare,_aad-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.
The City Attorney said there were no changes through Section 3.03(1). She said
Sections 3.03(m)and 3.03(n)are new sections. Section 3.03(m)moves authority of
appointing boards to the mayor. Section 3.03(n)was added to make it clear that the
limitations provided for in Section 2.01(d)applies to the actions of the mayor.
In response to questions,the City Attorney said no money would be spent by the mayor
without being appropriated and budgeted. She said there are certain boards that
require the appointments be made by the governing body, but most boards would be
appointed by the mayor.
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Committee Member Accetta moved to approve the addition of Section 3.03(m)and
3.03(n)as follows:
(m) appoint and remove the members of boards, committees and commissions except
those required by state law to be made by the city council as the governing body of the
city.All mayoral candidates shall be submitted to council for confirmation. If council
rejects the appointee,the mayor shall submit a new appointee within four weeks.
(n)the negotiation of all contracts, franchises, acquisition and disposition of property
and, upon the approval of council,the execution on behalf of the city of all agreements,
leases,deeds and other instruments in connection therewith; however, all limitations
contained in section 2.01 (d)of this charter shall apply.
The motion was duly seconded and carried unanimously.
The City Attorney reviewed Section 3.04—Veto Power and said the veto override
provision will be added in Section 2.09(e). In response to a question, she said the line
item veto power only applies to budget and appropriation ordinances. She said the
proposed time frame in the last sentence of Section 2.09(e)can be tightened up to say
the sixth day.
Committee Member Goudeau moved to approve the addition of Section 3.04 as
follows:
section 3.04-)/et0 pOWeY. _ - Formatted:Font:Italic
The mayor may Veto any ordinance passed by council, except an_emerpenCy ordinance _- Formatted:Font:Italic
and those ordinances passed as a result of quasi judicial proceedings when such
proceedings are mandated by law. The mayor may veto any line item in a budget or
appropriation ordinance. The mayor must exercise veto power by 5 PM on the fifth
business day after the day the council adopts the ordinance. On the day the mayor
vetoes an ordinance the mayor shall submit written objections to the council.
The motion was duly seconded and carried unanimously.
In response to a question,the City Attorney said the verbiage of majority+1 in Section
2.09(e)is typical override verbiage;there is a high standard to override.
Committee Member Accetta move to approve Section the addition of 2.09(e)as
follows:
r`nci/shall Formatted:Font:12 pt
be SLr'f''mitted to the ma or before eze.cGYYin. larl/;t�hE a�11royes the ordinance he shall
sI in It. if not he shall return it with his C"biections to, the ct;tincit and such t;biection shall
be entered into the minutes.s. r'he councit shall then te:consider the ordinance:at its next
r Lt`IaY Y'! tiY:�t at�rllhit`h that f5 a C7Lt`oYLtY'!. i�aftaY Y coi?51Ci t-tion it,asses f'y maiont
Strong Mayor 2018-06-12 5
+1 vote of all councit rnembers it shall become/ao/. If an ordinance shall not be
nature—
The motion was duly seconded and carried unanimously.
The Task Force recessed from 7:00-7:10p.m.
Discussion ensued regarding adding Goodon 3.00—City Administrator. In response to
questions,the City Attorney said it is ideal to seek an individual who has competencies
and experience as opposed to someone who is fully ICMA credentialed because a city
administrator is typically an ICMA associate member. Comment was made that if
language is included in the charter to require an ICMA credentialed individual,then why
change the form ofgovernment.
Committee Member/\ccedamoved toapprove the addition ofSection 3.0Oand
include language from the St. Petersburg charter asfollows:
| Section 3.06-City AdministEator.
The mayor shall appoint a city administrator subject to confirmation by city council. Th��
mayor shall have the authority to terminate the city administrator without consent of
Council. The city administrator shall have relevant management, executive or
administrative experience
The motion was duly seconded and carried with the following vote:
Ayes: Chair Elias,Vice Chair Loyd,Committee Members/\cceda.
Cadough.Cunningham, Kibidewshi. ProtonenUs. Sturtevant,videtoe.
Warshauer,and Mayor Cvehehos.and Counci|membecsCaudell,and
Allbritton
Nays: Committee Members Goudeau.K8antcaris.and
Counci|membersHamilton,and Cundiff.
In section 3.07—Council confirmation and residency requirements,the City Attorney
said she will re-write the section to include residency requirements within 12 months of
appointment for the City Administrator. Discussion ensued regarding removing the
residency requirements for the City C|ork, City Attorney, Fire Chief, and Police Chief.
Committee Member Accetta moved to remove the residency requirement for the
City Clerk,City Attorney, Fire Chief,and Police Chief from Section 3.07
The motion was duly seconded and carried unanimously.
Discussion ensued regarding a memo submitted by the Clearwater Neighborhood
Coalition that included verbiage to add to Article 111, Powers and Duties of the Mayor.
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Comment was made that the type of language included in the memo isn't seen in any
other charter and makes the strong mayor weak. Committee Member Cunningham who
is the President of the Clearwater Neighborhood Coalition, said the Coalition is made up
of community leaders and the memo was not intended to undermine the work of the
Task Force but to supplement it. She said there is voter concern regarding
accountability.
Committee Member Goudeau moved to thank the Clearwater Neighborhood
Coalition for their input, it was discussed and no action was taken.
The motion was duly seconded and carried unanimously.
The City Attorney handed out Articles I and 11 which will be the basis of discussion for
the next meeting.
Item#4—Public Comment
Doug Kelly said he has lived in the Keys and Miami and the Clearwater's form of
government is the best he's seen, it has checks and balances. There were two people
just elected in March who ran on the basis they would have executive decision making
powers for the next four years. He said he does not know how they feel about the
change and questioned how the people who voted for them feel about the change. He
is concerned with the survival of Imagine Clearwater,and added, if multiple people run,
someone could get voted in who does not support Imagine Clearwater.
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Item #5 — Adjourn
The Council meeting adjourned at 8:28 p.m.
The Strong Mayor Task Force meeting adjourned at 8:28 p.m.
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