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Exhibit,Appendix
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for DECLARATORY - CIRCUIT
in the District Court of Pinellas County.
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Filing # Exhibit
186413885
22 E-Filed 11/17/2023 05:01:13 PM
CHARTER REVIEW COMMITTEE MEETING
CITY OF CLEARWATER
June 25, 2015
Present: Brian J. Aungst, Jr. Chair
Bud Elias Vice Chair
Nino Accetta David E. Committee Member
Allbritton Jane D. Bongo Committee Member
Karen Cunningham Dirk A. Committee Member
Curls David Loyd George Committee Member
Mantzaris William Committee Member
Sturtevant Committee Member
Committee Member
Committee Member
Absent: Leann J. DuPont Committee Member
Rosemarie Kibitlewski Committee Member
Also Present: Pamela Akin City Attorney
Nicole Sprague ORLS Coordinator
The meeting was called to order at 5:45 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 June 11,2015 Charter Review Committee Meeting as submitted in written
summation by the City Clerk.
Committee Member Sturtevant moved to approve the minutes of the June 11,2015 Charter
Review Committee meeting. The motion was duly seconded and carried unanimously.
3. New Business
3.1 Guest Speaker: Councilmember Doreen Hock-DiPolito.
Continued to the August 13, 2015
3.2 Council-Manager Presentation by City Manager Bill Horne.
City Manager Bill Horne said it is the community who decides what form of government fits its
needs. The City’s current form of government allows the officials to better meet the needs of the
community. He said he is personally offended when he hears that a city manager is not held accountable,
as city manager’s are not lone rangers doing whatever they please. He said the council-manager form may
not be as responsive to special interest groups. The council and mayor appoint a highly trained, non
partisan professional who serves at the pleasure of the council. He said if you look at Clearwater’s history,
the city manager is not the face of the government. The council-manager form is designed to enforce the
equality that exists between all council members and allows the staff to focus on doing the right things as
opposed to worrying about what is politically correct. He said council loses power with a strong mayor form
of government as the standard of equality goes away.
Charter Review 2015-06-25 1
***ELECTRONICALLY FILED 11/17/2023 05:01:12 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
In response to questions, Mr. Horne said the City’s vision comes from council and they currently
want staff to continue to maintain infrastructure as well as focus on activities that strengthen our economy.
In his first 8 years as City Manager, the strategic focus was redeveloping the beach. Now the focus is to
revitalize the downtown area and the US 19 corridor. He said due to term limits, council’s character
changes over time and believes the community wants term limits and turnover. He said he has worked
more in the last 5-6 years to integrate more strategic planning which is getting stronger each year. His
expectation for staff is for them to stay focused on things that make Clearwater a better community. He
said it is part of his professional training in regards to hiring and firing staff, and he would not want to share
that responsibility. He explained that he does not see the Sunshine Law as an obstacle and staff makes
sure council has the information they need to make confident public decisions. He said increasing council
salaries may entice more people to run but noted the citizenry must determine how much they are willing
to pay for their council. In regards to retiring, Mr. Horne said that if he has done his job correctly, council
will not have to find another city manager immediately, he has capable people to stand in his place while
council decides if they need to look outside the city for a new person.
Discussion ensued regarding potential charter changes. There was consensus to start the
process of officially voting on pursuing charter changes. It was said that the items would be listed in order
of priority at a later date.
Vice-Chair Elias moved to repeal Section 2.01 (d)4 related to dredging of Dunedin Pass &
Stevenson’s Creek. The motion was duly seconded and carried unanimously.
Discussion ensued regarding modifying Section 2.01 (d)(5)(ii) as it relates to competitive bids. The
City Attorney clarified that this would pertain to properties too small to be developed with a free standing
building. Committee Member Sturtevant moved to modify Section 2.01 (d)(5)(ii) to eliminate the need for
competitive bids when the City owns the underlying fee interest on surplus property. The motion was duly
seconded and carried unanimously.
Discussion ensued regarding modifying Section 2.01 (d)(5)(vi). The City Attorney said the
proposed language would allow council to vacate, swap or get rid of a utility easement that terminates at
water and clarifies that a public access to water would not be eliminated. Committee Member Loyd moved
to modify Section 2.01 (d)(5)(vi) to allow council to vacate a utility easement that terminates at a water
body. The motion was duly seconded and carried unanimously.
Discussion ensued regarding modifying Section 2.01 (d)(5)(vii). The City Attorney said a lease
period could be for up to 100 years total. In response to a question, she said the charter could prohibit sub
leasing but there may be sub leases that would be beneficial. Regarding leasing property in an industrial
park, she said the City does not own an industrial park. Committee Member Accetta moved to modify
Section 2.01 (d)(5)(vii) to revise the 30 year lease restriction. The motion was duly seconded and carried
unanimously. Committee Member Allbritton moved to strike the last sentence of Section 2.01(d)(5)(vii)
relating to leases of real property in an industrial park. The motion was duly seconded and carried
unanimously.
Discussion ensued regarding 2.01(d)(5)(ix) relating to appraisal requirements when selling City
property. The City Attorney said an appraisal is performed with all real estate transactions and a charter
amendment is not necessary. There was consensus to not pursue any changes with this charter section.
Discussion ensued regarding 2.01(d)(6) relating to the harbor marina. The City Attorney said she
would provide suggestions to the Committee to add language regarding a public safety exception as well
Charter Review 2015-06-25 2
as provisions to include restrooms and some commercial use with booths and signage.
Discussion ensued regarding the Main Library and its restricted uses. The City Attorney said she
would provide suggestions to the committee regarding general language that would permit commercial
leases. Committee Member Cunningham moved to consider language to allow commercial leases in the
Main Library. The motion was duly seconded and carried unanimously.
4. Citizens to be heard regarding items not on the agenda: None
Charter Review 2015-06-25 3
Document Filed Date
November 17, 2023
Case Filing Date
February 03, 2023
Category
DECLARATORY - CIRCUIT
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Filing # Exhibit 186413885 22 E-Filed 11/17/2023 05:01:13 PM CHARTER REVIEW COMMITTEE MEETING CITY OF CLEARWATER June 25, 2015 Present: Brian J. Aungst, Jr. Chair Bud Elias Vice Chair Nino Accetta David E. Committee Member Allbritton Jane D. Bongo Committee Member Karen Cunningham Dirk A. Committee Member Curls David Loyd George Committee Member Mantzaris William Committee Member Sturtevant Committee Member Committee Member Committee Member Absent: Leann J. DuPont Committee Member Rosemarie Kibitlewski Committee Member Also Present: Pamela Akin City Attorney Nicole Sprague ORLS Coordinator The meeting was called to order at 5:45 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 June 11,2015 Charter Review Committee Meeting as submitted in written summation by the City Clerk. Committee Member Sturtevant moved to approve the minutes of the June 11,2015 Charter Review Committee meeting. The motion was duly seconded and carried unanimously. 3. New Business 3.1 Guest Speaker: Councilmember Doreen Hock-DiPolito. Continued to the August 13, 2015 3.2 Council-Manager Presentation by City Manager Bill Horne. City Manager Bill Horne said it is the community who decides what form of government fits its needs. The City’s current form of government allows the officials to better meet the needs of the community. He said he is personally offended when he hears that a city manager is not held accountable, as city manager’s are not lone rangers doing whatever they please. He said the council-manager form may not be as responsive to special interest groups. The council and mayor appoint a highly trained, non partisan professional who serves at the pleasure of the council. He said if you look at Clearwater’s history, the city manager is not the face of the government. The council-manager form is designed to enforce the equality that exists between all council members and allows the staff to focus on doing the right things as opposed to worrying about what is politically correct. He said council loses power with a strong mayor form of government as the standard of equality goes away. Charter Review 2015-06-25 1 ***ELECTRONICALLY FILED 11/17/2023 05:01:12 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** In response to questions, Mr. Horne said the City’s vision comes from council and they currently want staff to continue to maintain infrastructure as well as focus on activities that strengthen our economy. In his first 8 years as City Manager, the strategic focus was redeveloping the beach. Now the focus is to revitalize the downtown area and the US 19 corridor. He said due to term limits, council’s character changes over time and believes the community wants term limits and turnover. He said he has worked more in the last 5-6 years to integrate more strategic planning which is getting stronger each year. His expectation for staff is for them to stay focused on things that make Clearwater a better community. He said it is part of his professional training in regards to hiring and firing staff, and he would not want to share that responsibility. He explained that he does not see the Sunshine Law as an obstacle and staff makes sure council has the information they need to make confident public decisions. He said increasing council salaries may entice more people to run but noted the citizenry must determine how much they are willing to pay for their council. In regards to retiring, Mr. Horne said that if he has done his job correctly, council will not have to find another city manager immediately, he has capable people to stand in his place while council decides if they need to look outside the city for a new person. Discussion ensued regarding potential charter changes. There was consensus to start the process of officially voting on pursuing charter changes. It was said that the items would be listed in order of priority at a later date. Vice-Chair Elias moved to repeal Section 2.01 (d)4 related to dredging of Dunedin Pass & Stevenson’s Creek. The motion was duly seconded and carried unanimously. Discussion ensued regarding modifying Section 2.01 (d)(5)(ii) as it relates to competitive bids. The City Attorney clarified that this would pertain to properties too small to be developed with a free standing building. Committee Member Sturtevant moved to modify Section 2.01 (d)(5)(ii) to eliminate the need for competitive bids when the City owns the underlying fee interest on surplus property. The motion was duly seconded and carried unanimously. Discussion ensued regarding modifying Section 2.01 (d)(5)(vi). The City Attorney said the proposed language would allow council to vacate, swap or get rid of a utility easement that terminates at water and clarifies that a public access to water would not be eliminated. Committee Member Loyd moved to modify Section 2.01 (d)(5)(vi) to allow council to vacate a utility easement that terminates at a water body. The motion was duly seconded and carried unanimously. Discussion ensued regarding modifying Section 2.01 (d)(5)(vii). The City Attorney said a lease period could be for up to 100 years total. In response to a question, she said the charter could prohibit sub leasing but there may be sub leases that would be beneficial. Regarding leasing property in an industrial park, she said the City does not own an industrial park. Committee Member Accetta moved to modify Section 2.01 (d)(5)(vii) to revise the 30 year lease restriction. The motion was duly seconded and carried unanimously. Committee Member Allbritton moved to strike the last sentence of Section 2.01(d)(5)(vii) relating to leases of real property in an industrial park. The motion was duly seconded and carried unanimously. Discussion ensued regarding 2.01(d)(5)(ix) relating to appraisal requirements when selling City property. The City Attorney said an appraisal is performed with all real estate transactions and a charter amendment is not necessary. There was consensus to not pursue any changes with this charter section. Discussion ensued regarding 2.01(d)(6) relating to the harbor marina. The City Attorney said she would provide suggestions to the Committee to add language regarding a public safety exception as well Charter Review 2015-06-25 2 as provisions to include restrooms and some commercial use with booths and signage. Discussion ensued regarding the Main Library and its restricted uses. The City Attorney said she would provide suggestions to the committee regarding general language that would permit commercial leases. Committee Member Cunningham moved to consider language to allow commercial leases in the Main Library. The motion was duly seconded and carried unanimously. 4. Citizens to be heard regarding items not on the agenda: None Charter Review 2015-06-25 3