Loading...
08-21-14 Agenda Packet In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Tuesday, August 5, 2014. CITY OF ATLANTIC BEACH CHARTER REVIEW COMMITTEE MEETING August 21, 2014 – 5:00 PM AGENDA Call to Order 1. Approval of Minutes from the August 7, 2014 Charter Review Committee Meeting. 2. Unfinished Business from Previous Meetings 3. Discussion 4. Miscellaneous Business A. Memo from Secretary Joan Carver regarding District Representation B. Proposed Amendments- Sections 16 and 22. 5. Next Meeting Date: September 11, 2014 at 5:00 p.m. 6. Courtesy of the Floor to Visitors Adjourn Minutes Charter Review Committee Meeting August 7, 2014 City Hall, 800 Seminole Road In Attendance: Committee Members Staff Members Donald Wolfson, Chairman City Manager Nelson Van Liere Mark Tomaski, Vice Chairman City Attorney Richard Komando Joan Carver, Secretary City Clerk Donna Bartle Mike Borno Katherine Carithers SallyClemens Judith Leroux Absent Tom Goodrich David Vincent Call to Order Chairman Wolfson called the seventh meeting of the Charter Review Committee (CRC) to order at 5:00 p.m. on August 7, 2014. Approval of Minutes Mr. Borno moved the approval of the minutes of the meeting of July 24, 2014 of the Charter Review Committee. CRC). Ms. Clemens seconded the motion and it passed unanimously. Unfinished Business A new provision 14 relating to parks (Sec.9. Powers in Article II) was drafted by Dr. Tomaski and approved by the CRC at the July 24 meeting subject to the approval of City Attorney Komando. Mr. Komando approved the wording. City Attorney Komando stated that he is keeping a log of the changes being made to the Charter with the intention of presenting a revised Charter to the City Commission at the end of the Committee’s work. Chairman Wolfson indicated that he is struggling conceptually with how to deal with the fact that some of the changes the Committee is recommending are very significant and some are simply housekeeping. City Attorney Komando noted that the CRC could single out items for emphasis and that the Commission does not have to accept the recommendations made by the Minutes of the Charter Review Committee Meeting of August 7, 2014 Page 2 of 5 CRC. Mr. Borno suggested that the summary report of the CRCs work could deal with the controversial issues. Discussion Art. II. Sec. 13. Creation of new departments or offices; change of duties. Ms. Clemens questioned the meaning and significance of the power of creating new departments and the costs of doing so. Chairman Wolfson pointed out that the Commission has the authority to create and abolish departments. There was a discussion of the difference between a charter board, such as the Community Development Board, that can be abolished only by vote of the citizens and a committee or board created by ordinance such as the Tree Committee. There was a brief discussion of why the Tree Board was abolished. Dr. Tomaski stated that Commissioner Woods had proposed abolishing it because it had served its purpose. City Manager Van Liere explained that a study found that the Tree Board followed staff recommendations in almost all cases. Thus, the Board did not seem to be needed. Ms. Clemens and Ms. Carithers asked for the names of the City’s various committees. City Attorney Komando stated that the standing boards/committees include Code Enforcement Board, Community Development Board, Pension Board, and Cultural Arts and Recreation Advisory Committee. He noted that the Code Enforcement Board is quasi-judicial and as such has a different standing; for example, it can levy fines. The Community Development Board and Code Enforcement Board are mandated by the State of Florida. Art. II. Sec.14 Induction of city commission into office; meetings of the city commission. Mr. Borno raised a question with City Clerk Bartle regarding the changes in election dates requested by Supervisor of Elections Holland. Mr. Holland had proposed changing the date to align with other elections to stimulate turnout. City Clerk Bartle stated that the dates of the Atlantic Beach election in 2013 were: Primary, August 27; Run-off, Nov. 5; Swearing In, Nov. 12. (No run-off was needed.) Dr. Tomaski observed that the date of the election meant that candidates had to campaign at a time when many families are on vacation. Ms. Carithers expressed an interest in changing the election calendar. Ms. Clemens stated that Atlantic Beach had voted by referendum to keep its date. City Clerk Bartle suggested that the city might get better turnout if the city elections coincided with the national elections. Chairman Wolfson and Dr. Carver speculated that a small community’s election issues could get lost in a national election. Ms. Carithers stated that she would like to see the minutes of commission meetings available on the web and the wording in Article 14 of the Charter updated. Both Mr. Borno and Chairman Wolfson noted the importance of updating the language. City Attorney Komando cautioned that it is not possible to foresee new technology so keeping statements general may be best. He also noted that the city has to abide by state law on records. Minutes of the Charter Review Committee Meeting of August 7, 2014 Page 3 of 5 Mr. Borno suggested that Ms. Carithers take the lead in redrafting Sec. 16 to update the language Ms Carithers agreed to do this. Dr. Tomaski noted that it is no longer expensive to store records so all records could be kept forever. Art. II. Sec. 15. City Commission to be judge of qualifications of its members. No comments or recommendations. Art. II. Sec. 16. Rules of procedure; journal of minutes. See comments under Sec. 14. Art. II. Sec. 17. Ordinances No comments or recommendations. Art. II. Sec. 18. Procedure for passage of ordinances or resolutions. No comments or recommendations Art. II. Sec. 19. Independent annual audit. Chairman Wolfson stated that there was a written suggestion to the Committee that the auditor be changed every four years. There was a brief discussion of the merits of frequently changing auditors. City Attorney Komando stated that he does not agree with the mandate to change auditors frequently. It takes time for auditors to get up to speed and they are expensive. With frequent changes you are paying for the auditors to become familiar with your system. In addition, he noted that many auditors do not have experience in government accounting. Currently the auditing firm is hired for four years with a possible two-year extension. Ms. Clemens stated that she would like to have a clearer picture of the city’s financial status. Both Mr. Borno and City Attorney Komando suggested that the budget is a better source than the audit for citizen understanding the city’s finances. Sec. 20. Right of city manager and other officers in city commission. The committee discussed the meaning of the title of this provision, questioning the term right. The general consensus was that it was more a responsibility than a right to attend. Chairman Wolfson moved that the word responsibility replace right. Dr. Tomaski seconded the motion. Ms. Lemoux suggested a neutral title, substituting the word attendance for right. Chairman Wolfson accepted the change. Ms. Lemoux seconded the changed motion. The committee passed the motion unanimously to change the title of Sec. 20 to read: Attendance of city manager and other officers in city commission. III. City Manager. Sec. 21. Appointment. Chairman Wolfson raised the question of whether there were guidelines for compensation of a city manager. Mr. Borno stated that candidates for the position have an agenda and an idea of the compensation they want. Minutes of the Charter Review Committee Meeting of August 7, 2014 Page 4 of 5 III. Sec. 22. Qualifications. Chairman Wolfson pointed out that the area of qualifications is a grey area that needs clarification. The wording in question states “Not less than three years of administrative experience as a city or county government chief administrative or executive officer…” The question that was raised in past is whether only chief executives can be considered for the position of city manager. Chairman Wolfson stated that this had become an issue in the appointment of City Manager Van Liere. Ms. Carithers asked what the city is trying to achieve with the qualifications. Chairman Wolfson noted that the CRC is benefiting from Mr. Komando’s understanding of the complexity of the issue since he advised the City Commission on the meaning of the provision. City Attorney Komando stated that rather than requiring a candidate to be a chief executive officer, most communities call for experience as a division or department head. Mr. Komando noted that this language opens up the process. Mr. Borno stated that the city is looking for someone to handle day-to-day operations. Chairman Wolfson stated that the CRC is trying to prevent the City Commission from getting bogged down by the language, by the meaning of what constitutes a chief administrative or executive officer. The ambiguity of the language could end up in debate or requiring the opinion of legal counsel. City Manager Van Liere noted that he had been a finance director for 16 years and prior to that budget director in Jacksonville Beach. Considering his many years of public service in management positions, he did not feel he should be excluded from consideration because of not holding the position of chief. Ms. Lemoux proposed that the wording for the section on experience read: three years of experience with department head experience or higher. Chairman Wolfson asked City Attorney Komando to draft a provision on the experience required taking into account the CRC discussion for the CRC’s consideration. There was also a brief discussion of the degree requirement. Mr. Borno suggested requiring a degree in public administration eliminating the or directly related field. Dr. Carver did not believe requiring a public administration degree as opposed to some other degree was necessary. Miscellaneous Ms. Clemens stated that Mr. Mayhew had sent the CRC a number of suggestions. She believes the CRC should be discussing these suggestions. Chairman Wolfson pointed out that the members of the committee have the suggestions and a member can bring up a suggestion if he or she concurs with it. Ms. Clemens stated she did not agree with that approach. Chairman Wolfson stated that Ms. Clemens could open the next meeting with her position on this question. The CRC will meet on August 2l, 2014. Courtesy of the Floor Minutes of the Charter Review Committee Meeting of August 7, 2014 Page 5 of 5 Chris Jorgensen, 92 West Third Street, expressed his concern over how the City Commission will handle the final report of the Charter Review Committee. M. Borno moved for adjournment. Ms. Clemens seconded the motion, which was approved unanimously. The meeting adjourned at 7:15. _____________________________________ Don Wolfson, Chairman To: Members of the Charter Review Committee From: Joan Carver If~{.:.. ~--- ~J Subject: District Representation The issue of the election of commissioners by district has been raised several times and is a question the Charter Review Committee is going to consider in future. In preparation for that I have obtained the attached election data. As I reviewed the information the major concern that I had is the low turnout in one of the districts that could lead to the election of a commissioner by very few voter. The 2013 voter participation rates by district are as follows; Precinct 1306 1307 1308 1312 Registered Voters 2365 2845 1915 2092 Votes Cast 711 1176 766 284 Per Cent Turnout 30.06 41.34 40.00 13.58 2009 Special General Election 10/6/2009 Atlantic Beach Mayor-Commissioner-Seat 1 Precinct : 13F 13G 13H 13S Mi~~ !3~rl'1o _ L 178 Milton "Sarq~" Hall ' Total ' Totals: 454 341 73 1,046 97 275 96 550 102 68 363 443 141 1,409 .-er:::•nr:a> Jonathan Daugherty • Michael Hoffmann, GeorgeS. Hromco Total : ~~~~~----······--. .. ·~-~--~ -~~-~-~-~.1---~-~-----------~-~~~~~--···------~· -~~----~~--~---------- 13F 13G 13H 13S 1~ ~ ~ ~5 Totals: 355 266 50 840 2011 Atlantic Beach 8/30/2011 Mayor I Commissioner Seat One Precinct Mike Borno -· ' ... ""-· ---~ . 13F 228 13G 577 13H 477 13S 83 Totals: 1,365 Commissioner Seat Two Precinct 13F 13G 13H 13S Totals: John Fletcher 232 570 449 79 1,330 Commissioner Seat Three Precmct 13F 13G 13H 13S Totals: Mark Beckenbach > •• " • ' ·--~---·· -~ ··-··--- 318 616 377 123 1,434 96 88 54 300 Mark Tomaski 306 553 336 129 1,324 73 524 51 405 35 139 193 1,333 Total -~ 534 1,130 813 212 2,689 Maria Mark Total 532 1,127 811 211 2,681 300 557 362 132 1,351 Paul B. Pe~n;;ons .L Total 212 530 512 433 89 1,246 1,128 810 212 2,680 2013 Atlantic Beach 8/27/2013 MAYOR/COMMISSIONER SEAT ONE : Precin~t_L 1306 1307 1308 1312 Totals: Mitchell,f.. "Mitch" Reeves, Jr. 278 565 360 102 1,305 COMMISSIONER SEAT FOUR Precinct 1306 1307 1308 1312 Totals: 1307 1308 1312 Totals: ••Le•-~ Tim J. Anderson --~-.... ~--· --~ ····"· ....•...• ·-·-..... --''"''-.. ·--~ . ~~ . 292 620 402 86 1,400 Jon.athll.r1 ~ai:'Q~~ffi' 341 622 391 111 1,465 Car()lyn Woods .. J _Total 430 708 606 1,171 405 765 180 282 1,621 2,926 . ~in:t~X.Hill ·-···-·-~_.l. .•• 401 521 348 181 1,451 509 353 166 1,377 Total 693 1 '141 750 267 2,851 1 '131 744 277 2,842 Proposed Amendment (Kathy Carithers): Article II, Sec. 16. Rules of procedure; journal of minutes of meetings. The City Commission shall determine its own rules and order of business. It shall require a journal or that minutes of its proceedings to be kept. and the journal or The minutes shall be open and remotely available to the public inspection in a timely manner, through commonly accepted methods. Proposed Amendment (Rich Komando): Article III, Sec. 22(2) Not less than three (3) years of administrative experience as a city, municipal or county government administrator serving in at least a department head or the equivalent in responsibility. chief administrative or executive officer or as an assistant or deputy city manager.