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09/13/2007 CHARTER REVIEW COMMITTEE MEETING MINUTES CITY OF CLEARWATER September 13, 2007 Present: Jay E. Polglaze Chair Howard Warshauer Vice Chair William Blackwood Committee Member Frank L. Dame Committee Member Elizabeth Drayer Committee Member Joseph Harra Committee Member Kathy Milam Committee Member William Wallace Committee Member Absent: Candace Gardner Committee Member Joshua Magidson Committee Member Alex Plisko, Jr. Committee Member Also Present Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Rosemarie Call Management Analyst Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 4:30 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 August 9, and September 11, 2007 minutes Member Dame moved to approve the minutes of the Charter Review Committee meetings of August 9, 2007 and September 11, 2007, as recorded and submitted in written motion summation by the City Clerk to each Committee Member. The was duly seconded and carried unanimously. 3 – Discussion re September 11, 2007 Public Comments: Concern was expressed that the public hearing did not provide ample time for questions and answers or background information on the recommendations. It was suggested that an additional hearing be scheduled. It was recommended that the Committee review public comments and issue a report before scheduling another public hearing. Member Dame moved to reconsider the Committee’s decision on public lands. The motion was duly seconded. It was suggested the committee review all marked-up changes. Member Dame withdrew his motion. Charter Review 2007-09-13 1 Discussion ensued. It was indicated that many city charters do not protect specific pieces of land. It was stated that the committee’s intention was not to dispose of open space but to enhance public uses. Section 2.01(d)(5)(i) - Real property. Consensus was to accept the recommended changes as drafted. Section 2.01(d)(5)(v) - Real property. Member Dame moved to rescind the previous action to add “the unanimous vote of the motion council or” for the disposition of recreation/open space land. The was duly seconded. Members Blackwood, Dame, Drayer, Milam, and Wallace voted “Aye”; Members Harra and carried Warshauer and Chair Polglaze voted “Nay.” Motion . Section 2.01(d)(6) - Real property. It was stated the proposed change would continue protections against the sale of Coachman Park but allow for improvements. motion Member Harra moved to allow a resident to address the committee. The was carried duly seconded and unanimously. A resident reviewed previous citizen actions that resulted in the Charter protection of Coachman Park and the bluff. In response to questions, the City Attorney said Open Space is more restrictive than Open Space/Recreation. Current language allows only open space and public utilities. Staff will provide information regarding what is permitted under open space/recreation. Member Drayer moved to rescind the committee’s previous action to delete Section 2.01(d)(6). The motion was duly seconded. Members Drayer, Harra, Milam, and Wallace voted “Aye”; Members Blackwood, Dame and Warshauer and Chair Polglaze voted “Nay.” The vote was tied and motion continued automatically to the next meeting on September 27, 2007. Section 2.01(d)(7) - Real property. motion Member Dame moved to accept the recommended changes as drafted. The carried was duly seconded and unanimously. Section 2.03 – Election and terms. motion Member Dame moved to accept the recommended changes as drafted. The carried was duly seconded and unanimously. Section 2.04 – Compensation and expenses. Charter Review 2007-09-13 2 Member Dame moved to change the first sentence of the draft to read, “The council shall annually review and determine . . . “ and moved to accept the remaining recommended changes motioncarried as drafted. The was duly seconded and unanimously. Section 7.02 – Charter review advisory committee. motion Member Milam moved to accept the recommended changes as drafted. The carried was duly seconded and unanimously. Section 8.05(d) – Elections. The City Attorney recommended that the Charter not appoint the City Attorney or City Clerk to the canvassing board and suggested instead that a citizen be appointed if the canvassing board has fewer than three members. City Clerk Cyndie Goudeau said the board’s meeting requirement must be changed to meet State Law. Member Dame moved to table discussion of Section 8.05(d) to September 27, 2007. motioncarried The was duly seconded and unanimously. ARTICLE IX – Fiscal Management Procedure. motion Member Dame moved to accept the recommended changes as drafted. The was duly seconded. Discussion ensued. carried Upon the vote being taken, the motion unanimously. Additional discussion: Member Drayer moved to insert the following language regarding historic preservation in the Charter: 1) The Mayor shall have (insert appropriate government division) prepare an annual report on the status of the preservation of historic structures and districts within the City. This report shall be submitted to the Mayor on or before (insert date) of each year and 2) The Mayor shall make a report to the Council on the status of historic preservation within the City on or before (two months after above date report is submitted to the Mayor) of each year. This report shall include a summary of legislation and actions taken to promote historic preservation in the preceding year, recommendations and goals for the coming year, and a five-year plan to promote historic preservation. The motion was duly seconded. A resident spoke in support of the motion. Discussion ensued. It was stated that the issue could be addressed in city ordinance or council policy. It was recommended that the language be included in Section 3.03(g) and that “Mayor” be replaced with “City Manager.” Upon the vote being taken, Members Drayer, Harra, Milam, and Wallace voted “Aye”; Members Blackwood, Dame, and Warshauer and Chair Polglaze voted “Nay.” A tie vote automatically continued the motion to September 27, 2007. Charter Review 2007-09-13 3 Section 3.03( q) - Powers and duties of the city manager. Member Drayer moved to insert in Section 3.03(g) of the Charter: Historic Preservation: 1) The City Manager shall have (insert appropriate government division) prepare an annual report on the status of the preservation of historic structures and districts within the City. This report shall be submitted to the City Manager on or before (insert date) of each year and 2) The City Manager shall make a report to the Council on the status of historic preservation within the City on or before (two months after above date report is submitted to the City Manager) of each year. This report shall include a summary of legislation and actions taken to promote historic preservation in the preceding year, recommendations and goals for the coming year, and a 5- year plan to promote historic preservation. The motion was duly seconded. Members Dame, Drayer, Harra, Milam, Wallace, and Warshauer and Chair Polglaze voted "Aye"; Member Blackwood voted "Nay." Motion carried. 4 - Set aqenda for September 27,2007. meetinq: Discuss citizen recommendation regarding Safe Water Amendment. Adiourn: The meeting adjourned at 6:06 p.m. Attest: ~['Ji-~.~ Charter Review 2007-09-13 4