08/21/2019 CHARTER REVIEW COMMITTEE MEETING
CITY OF CLEARWATER
AUGUST 21, 2019
Present: Michael R. Mannino Chair
Richard Adelson Committee Member
Kathleen Agnew Committee Member
Michael D. Anderson Committee Member
Kelly S. Kelly Committee Member
David Lillesand Committee Member
Marita Lynch Committee Member
Mike Riordon Committee Member
Sean Schrader Committee Member
Becca Tieder Committee Member
Absent: Darryl James Henderson Vice Chair
Marilyn Kagan Committee Member
Bruce Rector Committee Member
Also Present: Pamela Akin City Attorney
Rosemarie Call City Clerk
Nicole Sprague ORLS Coordinator
The meeting was called to order at 4:30 p.m. at the Clearwater Main Library, 2nd Floor
Conference Room.
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 July 24, 2019 Charter Review Committee Meeting as submitted
in written summation by the City Clerk.
Committee Member Agnew moved to approve the minutes of the July 24, 2019 Charter
Review Committee meeting. The motion was duly seconded and carried unanimously.
3. New Business
3.1 Review Proposed Changes.
The City Attorney reviewed proposed charter changes as directed by the committee.
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In response to a question, the City Attorney said a summary of recommended changes
will be presented to Council, which will include if there was consensus or not on an item. The
summary will also identify topics the committee spent significant time discussing. Committee
Members are welcome to attend the council meeting and speak on the item. She clarified the
draft changes included only those items that were directed by a motion.
Committee Member Lillesand moved to strike the word September and add the word
November in Section 3.03(f). The motion was duly seconded and carried unanimously.
Discussion ensued regarding the length of time between charter review committees, with
comments made that Clearwater is more frequent than peer cities. It was said that Council has
authority to propose charter changes at any time, not just during a charter review.
In response to questions, the City Attorney said the charter does not set council salary, it is
done by ordinance. Council may vote to have a Charter Review Committee at any time. The
current charter requires a charter review committee be appointed at least every 5 years
provided the appointments are made n January of a year preceding a city election.
One individual said nothing has ever been brought forward to Council that has been
rejected; a concern was expressed regarding staff and committee member time associated with
Charter Review Committees and that the Charter is the City's Constitution and any changes
should be pursued cautiously.
Committee Member Riordon moved to change Section 7.02 to extend the charter review
period to every 8 years. The motion was duly seconded and carried unanimously.
The Committee began reviewing suggestions identified under public comment. Regarding
the suggestion to post a copy of the referendum ordinance(s) at polling locations, it was
determined that this exercise is not charter appropriate.
Committee Member Lynch moved to close further discussion on this matter. The motion
was duly seconded and carried unanimously.
Regarding including an ethics provision in the charter, the City Attorney said Clearwater
follows state law.
One individual opposed the inclusion of an ethics provision in the charter.
One individual said 2005 was the last time there was an issue in Clearwater
Committee Member Riordon moved to close further discussion on the matter. The motion
was duly seconded and carried unanimously.
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Regarding requiring Council to establish annual priorities for the city manager, the City
Attorney said it is currently not required as a duty of Council. Discussion ensued with
comments made that objective criteria is a good idea.
One individual expressed a concern that Council must present a report on the City
Manager's performance but there is nothing that is required to be the basis for that report.
In response to questions, the City Attorney said it is up to Council on how they give their
performance evaluation. She clarified that the suggestion is related to charter language
requiring priorities for the City Manager.
One individual said establishing priorities sends a message and helps everyone with
direction.
One individual cautioned being too descriptive in charter language as those elected will
have their own management style; nothing is a priority until 3 Councilmembers vote on it.
One individual said priorities need to be measured annually and summarized.
Comment was made that a priority cannot be established without discussing funding. It was
said that approving a budget establishes priorities.
Committee Member Lynch moved to include establish annual goals/priorities for the City
Manager. The motion was duly seconded and carried with the following vote: Chair Mannino,
Committee Members Agnew, Adelson, Kelly, Lynch, Riordon, Schrader, and Tieder voted "Aye;"
Committee Members Anderson and Lillesand voted "Nay."
In response to a question, the City Attorney said this language would be added to Section
2.01(c).
Public Comment
Frank Hibbard expressed concern regarding how each priority and goal will be established
as there are literally hundreds of things on going in the City and said Council will need a clearer
idea of what the Committee is asking for. Practical application is the issue.
Bill Jonson said prior to 2016, there was a strategic planning session each spring which
would be the basis for manager objectives and budget. After 2016, Council changed the policy
to only require strategic planning sessions and not link it to the budget or City Manager goals.
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The meeting was adjourned at 6:04 p.m.
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Chair, Charter Review ittee
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