07-17-14 Minutes Minutes
Charter Review Committee Meeting
July 17, 2014
City Hall, 800 Seminole Road
In Attendance:
Committee Members
Mike Borno City Manager Nelson Van Liere
Joan Carver, Secretary City Attorney Richard Komando
Sally Clemens City Clerk Donna Bartle
Judith Leroux
Mark Tomaski,Vice Chairman
David Vincent
Donald Wolfson, Chairman
Absent:
Katherine Carithers
Tom Goodrich
Call to Order
Chairman Wolfson called the fifth meeting of the Charter Review Committee (CRC) to order
at 5:30 p.m.
Unfinished Business from Previous Meetings
Sally Clemens, who was absent for the prior meeting, raised two issues dealt with at that
meeting. She noted that her written question regarding the city commissioners
compensation was directed to how per diems or expenses for official trips were handled.
Chairman Wolfson indicated that city commissioners do not receive per diems, but are
reimbursed for their expenses by the city manager. Mr. Borno noted that there are
established rules and procedures.
Ms. Clemens stated with respect to Dr. Tomaski's letter to the Beaches Leader, the CRC had
supported the idea of Dr. Tomaski writing a letter to the newspaper regarding the work of
the committee to increase public awareness. Dr. Tomaski stated that he was using the
precedent of the mayor in speaking out. He felt he was writing for the committee. Chairman
Wolfson stressed that it was important to receive the CRCs approval of any statement
representing the CRC. Chairman Wolfson noted that his statement was meant to be
cautionary for members of the committee.
Dr. Tomaski stated that it would be desirable to videotape the meetings of the CRC to
inform the public now and to provide a historical record of our work for future committees.
Chairman Wolfson pointed out that the committee had no budget for videotaping. Dr.
Tomaski asked whether funds could be requested and Chairman Wolfson responded in the
affirmative. Mr. Borno stated that there were some technical problems with video taping in
the location in which the committee is meeting.The cameras could cover the committee but
the audio could not do so.
Chairman Wolfson stated that items the CRC decides to return to at a future meeting will be
put in bold in the minutes.
Consent Agenda
Chairman Wolfson asked if there were corrections to the minutes of June 12 and June 26.
Hearing none he asked for approval.
Mr. Borno moved, Mr. Vincent seconded, and the CRC approved the minutes of the
meetings of June 12 and June 26.
Discussion
Article II. Sec 9. Powers (8) and (9)
Chairman Wolfson resumed the discussion of Items 8 and 9 begun at the prior CRC
meeting, noting that Dr. Tomaski was concerned with the lease and sale of parks and with
construction on leased parks.
Dr. Tomaski stated that his concern was over long-term leases and construction on city
parks. He wondered if there could be limits on both time and construction. Chairman
Wolfson pointed out that there have been leases of parks on a short-term basis but there
are no limits in the Charter.
Chairman Wolfson suggested removing parks from items 8 and 9 and putting parks in a
new item 13 under Powers. There was then further discussion of the importance of parks
to Atlantic Beach and the need to protect them.
Ms. Leroux shared Dr. Tomaski's concern with the protection of parks raising the
possibility of changes in use.
Mr. Komando stated that a more definitive statement might be needed, but that the
language is always subject to interpretation.
Chairman Wolfson suggested that if there is a material change in the use of land owned by
the city, a referendum to approve that change might be required. Mr. Borno stated that
there are restrictions on many of the parks and if those are not abided by, the city will lose
control of the park. As an example he noted that Johansen Park is a passive park and has to
be used that way.
Following further discussion of the importance of parks, Ms. Lemoux moved and Dr.
Tomaski seconded the motion that parks be removed from items 8 and 9 and placed
in a new item 13. The motion passed with six votes in favor and one against (Mr.
Borno).
The discussion shifted to disposal of other land the city might hold. The example given by
City Manager Van Liere was land no longer needed for the sewer system. If the city
commission determines that land is no longer needed and staff concurs, the commission
might sell the land. This could also be the case with property that is abandoned to which
the city takes title. There was considerable discussion of how to distinguish and protect
real property as separate from the other items in Item 9.
Dr. Tomaski raised the question of whether if a significant piece of land is abandoned,
shouldn't it become a park.
Ms. Clemens observed that real estate is what is really important.
Mr. Vincent questioned whether it is necessary to reference all the other items in Item 9 if
the key concern is parks.
Mr. Borno cautioned that the CRC needs to keep in mind that changes can occur over time
and we don't want to prevent actions necessary to meet changed situations.
Dr. Tomaski said the city manager is asking that we remove the limits on assets declared
surplus.
Chairman Wolfson noted that it is important to separate the public utility system from the
real estate and that his priority is the real estate. Ms. Clemens agreed that the real estate is
what is important.
Mr. Borno stated that we need to keep in mind the possibility of change; we don't want to
prevent citizens acting in a changed situation. We also need to exclude from the restrictions
abandoned property that the city has put up for sale.
Chairman Wolfson suggested inserting the words "real property" into the last sentence of
item 9. There was further discussion. Mr. Komando volunteered to draft a revised item 9.
Mr. Borno moved and Ms. Clemens seconded the motion the city attorney draft a
provision to replace item 9 that reflects the CRC's thinking for the committee's
consideration.The motion was approved.
Article II. Sec. 9 Powers (10) No comment.
Article II, Sec. 9 Powers (11) Chairman Wolfson stated that the only employees appointed
by the city commission are the city manager, the city attorney and the city clerk. Mr. Borno
noted that there is provision in the Charter for a deputy city manager that would also fall
into this category.
Dr. Tomaski expressed concern about the power of the city manager and city clerk to
appoint deputies because of past practices. Chairman Wolfson pointed out that Dr. Tomaski
was referring to the appointment by the former city manager of `Chief Thompson as his
deputy and the city commission subsequently voted for his pay. Chairman Wolfson said
that while the process is right,the language of the provision needs to be tweaked.
Article II. Sec. 9 Powers (12) No Comment.
Article II. Sec.9 Powers (13) Proposed new provision on parks. Chairman Wolfson stated
that parks are important to our quality of life and are an important characteristic of our
community.
Dr. Tomaski said that it is important to provide for the protection and preservation of the
parks. Mr. Borno moved and Dr. Tomaski seconded the motion that Dr. Tomaski
prepare a draft item 13 on the parks for the consideration of the CRC at its next
meeting. The motion was approved.
Art. II, Sec. 10.Appointment of City Manager.
Chairman Wolfson expressed concern about the language in the third sentence in
this provision. He moved that the words "or removed" be inserted after
incapacitated and Dr.Tomaski seconded the motion which passed without dissent.
Dr. Tomaski expressed concern that there was no yearly public review of the city manager
required. Chairman Wolfson stated he agreed with the sentiment but this was not the
proper place in the Charter for that requirement.
Dr. Tomaski held that public participation should be required in the selection process. He
cited Port Orange as a model, Chairman Wolfson pointed out that there were citizens on a
panel in the selection process. Dr. Tomaski proposed that this requirement be in the
Charter. Chairman Wolfson stated that this requirement would be more appropriately in an
ordinance and asked whether Port Orange had this requirement in the Charter. Ms. Bartle
read Port Orange Charter Sec. 4-02. Appointment; removal; compensation to the
Committee.
Mr. Vincent questioned whether an open interview was always the best way to hire.
Dr. Tomaski moved that the appointment of the city manager issue be tabled until
the next meeting of the CRC because of its importance. Ms. Clemens seconded the
motion and it passed.
Chairman Wolfson stated that this item would be brought up under unfinished
business at the next meeting.
Mr. Vincent inquired how we were going to deal with public comments submitted in
writing. Chairman Wolfson stated that the committee would take them up at the beginning
of each meeting.
Courtesy of the Floor to Visitors
Chris Jorgensen, 92 West Third Street, expressed his concern that district commissioners
elected citywide may not represent the district. He also feels there should be procedures
for citywide discussions on important issues.
Deborah Tomaski, 448 Snapping Turtle Court, as someone interested in the local
government, expressed concern about the level of participation in and knowledge of local
government. She does not feel sufficient information is being published.
Ms. Clemens moved and Ms. Leroux move the adjournment of the meeting at 7:35
p.m.The motion passed.
°Qt.--
Don Wolfson, Chairman