05-29-14 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, Friday, May 23rd, 2014.
CITY OF ATLANTIC BEACH
CHARTER REVIEW COMMITTEE MEETING
May 29, 2014 – 5:00 PM
AGENDA
Call to Order
1. Introductions of Committee Members
2. Courtesy of Floor to Visitors
A. Position of Secretary
3. Unfinished Business from Previous Meetings
A. Schedule next meeting date.
B. Discuss requested information from Lynn Tipton, Florida League of Cities
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW.
THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY.
A. Minutes from the April 29, 2014 Charter Review Committee Meeting
5. Action Items
A. Present ideas and issues to be reviewed by the Committee
B. Establish rules of procedures, to define steps that will be taken to allow any suggested
change, correction, and or additions to proceed to discussion and vote.
6. Miscellaneous Business
Adjourn
1
Bartle, Donna
From:Bartle, Donna
Sent:Thursday, May 01, 2014 3:44 PM
To:'Richard Komando'
Cc:Van Liere, Nelson; 'ltipton@flcities.com'
Subject:FW: charter reviews: Florida League of Cities option
Rich,
I spoke to Lynn Tipton earlier. Below is a recap of our conversation. Also, she explained that the best time to have her
speak to the Committee is early on in the process. I told her the next meeting is May 29th , but she is unable to attend
that day. I explained to her that a June meeting has not been set, but we expect to have the meetings on Thursdays.
She checked her calendar for every Thursday in June and the only one she has available is June 26, 2014. She said she
will pencil us in on her calendar as tentative and will wait to hear back from us after the May 29th meeting.
I hope this information helps. Please add this item to the agenda so we can get a decision on whether or not the
Committee would like to schedule the meeting for June 26th and have Ms. Tipton there.
Thanks,
Donna
From: Lynn Tipton [mailto:LTipton@flcities.com]
Sent: Thursday, May 01, 2014 3:28 PM
To: Bartle, Donna
Subject: charter reviews: Florida League of Cities option
Hi Donna,
It was a pleasure talking with you today!
As we discussed, not every city, town or village contacts the League regarding charter reviews, but those who do
generally want one or more of the following:
Someone to explain municipal charters (history, purpose)
Specifics on Florida municipal charters and forms of government among the 410 municipalities
Recommendations for peer cities – by population, form of government and scope of service (and can point you
toward charters from peer cities)
Answer committee and/or public questions on municipal governments in general
Also, as we discussed: the FLC does not take a position nor offer recommendations about charter language nor forms of
government; our by‐laws limit our activity in that regard. We are strictly a resource.
I have a power point on the above that usually covers 10‐15 slides, and can take from 20 minutes to 45 minutes
depending upon questions.
If any of this information would be helpful to your city’s committee, I would be glad to participate. There is no charge
for my travel; the League provides this to any dues‐paying member as part of membership services.
Sincerely,
Lynn
Lynn Tipton
2
Director of Membership Development
Florida League of Cities, Inc.
Direct: (850) 701‐3637
Toll‐free: 800. 616‐1513, ext. 3637
ltipton@flcities.com
MINUTES
CHARTER REVIEW COMMITTEE MEETING
April 29, 2014
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Committee Members
Mike Borno City Manager Nelson van Liere
Katherine Carithers City Attorney Richard Komando
Sally Clemens City Clerk Donna Bartle
Judith Leroux
Mark Tomaski
David Vincent
Donald Wolfson
Absent:
Joan Carver
Tom Goodrich
Call to Order/Pledge:
City Attorney Richard Komando called the meeting to order and asked that the
committee members briefly introduce themselves and at the same time express if they
have any interest in being Chairman, Vice-Chairman or Secretary of the committee.
Introductions were provided and Don Wolfson expressed interest in the Chair position.
Mark Tomaski and Mike Borno both expressed interest in the Vice-Chair.
Mr. Komando explained that he and city staffers Van Liere and Bartle here to
assist, that other department heads may be called by the committee, and opportunity for
public comments will be provided at committee meetings. He said that he had received
emails from absent members Joan Carver and Tom Goodrich explaining they had
previous commitments at this time but do plan to be active and involved.
Donald Wolfson was elected Chairman and Mark Tomaksi was elected Vice-
Chairman. Chairman Wolfson asked for volunteers for the position of Secretary; there
were none. He requested individually of several members to volunteer to take the
position; none agreed. He asked Judith Leroux to apply; she said she was not experienced
in committee membership and would prefer not to accept. Chairman Wolfson asked that
she try it and other arrangements would be made if it was not acceptable. City Clerk
Bartle said the Secretary would best work from the recorded committee minutes as it
would be difficult to take minutes and participate at the same time. Chairman Wolfson
said that as this is a volunteer committee it does seem like a lot to ask of any member.
Mr. Komando mentioned that two absent members could also be considered.
Courtesy of Floor to Visitors:
Chris Jorgensen, 92 West Third Street, was recognized by Chairman Wolfson. He
explained he is retired and is here to observe as this is an important committee.
In response to Chairman Wolfson’s questions, Mr. Komando explained that once
any charter changes are approved by the City Commission, the ballot referendum
language required must be submitted to the State by May 18, 2015 to be included in the
next general election cycle in November 2015. The ballot language will be written by the
City Attorney and submitted to this committee for review.
Chairman Wolfson said it is his understanding that this committee’s charge is not
to come up with ideas for change in the city, that that is instead the commission’s job,
instead that the committee’s job is simply to review the charter and suggest any changes
it feels would benefit the city. Ms. Carithers said she had thought we would be offering
ideas for change. Mr. Tomaski said he has reviewed other cities’ charter review
processes and discussed the process of required majorities for change approval on both
the committee and the commission.
Setting the dates and times for future meetings were discussed generally, as to
days and times for members, staff and facilities availability. It was decided that
Thursdays at 5:00 p.m. were acceptable, meeting initially every other week for the first
two months. It was agreed the committee would be flexible and that adjustments would
be made as necessary. The next meeting was set as Thursday, May 29th at 5:00 p.m. The
committee is requested to communicate directly with the City Attorney regarding
attendance when necessary because of the need for a quorum to conduct the meeting.
Mr. Komando addressed the committee’s charge, explaining that the commission
has given this committee a great deal of latitude. He said that any recommendation from
this group going to the commission would have to be completed by a supermajority (50%
plus one voting member.) If meetings changes are required due to lack of quorum, a
weeks’ notice for a change is recommended for notice to the public.
Chairman Wolfson stated that as this committee’s review process continues any
suggested changes should be sent to the commission as the committee agrees on them to
allow time for commission debate and vote process. Mr. Borno and Chairman Wolfson
cited the previously enacted building height limit charter change as an example of the
process. The deadline of May 18, 2015 was cited again and clarified as a state
requirement for the referendum to be reviewed and approved for inclusion on the city
ballot in November 2015. Mr. Tomaksi cited the example of expanding the city
commission as a potential item for review, that the committee might present it, and that
then both the commission and the voters have the power to ultimately decide the issue.
City Attorney Komando explained this committees’ requirements under the
Sunshine Laws of Florida, and that he is available at any time to answer questions if
necessary. Mr. Tomaksi asked if there is a mechanism to request information from the
commission; Mr. Komando stated it should be presented in the form of a committee
report to the commission. Mr. Tomaksi asked about emails; Mr. Komando explained
emails are subject to the Sunshine Law requirements.
Ms. Carithers stated she would like to know if the commissioners have anything
in particular they have concerns about in the charter. Mr. Komando suggested reviewing
some of the videos of commission meetings online. He only heard discussed that perhaps
a periodic charter review time should be set. Ms. Clemens asked if this committee will
hold hearings. Mr. Komando replied that at every meeting there is time for public input.
Mr. Komando said discussions with the commission are possible as long as they operate
in the sunshine.
Ms. Clemens cited several concerns: the commission should send written
comments or questions; Chairman Wolfson said he would not deny the commission
members rights to attend the meeting. Mr. Komando said commission members are
prohibited from being on the committee, so he would be cautious about the type of input
accepted by the commission. Chairman Wolfson reiterated that Mr. Komando did say
“on the committee” not “in front of the committee.” Mr. Komando agreed.
Ms. Clemens asked to express some concerns: that the committee stay focused
and on meeting times; that some comparison with this process in other cities is fine but
not too much as she believes we know best what our citizens want; that the process for
recalls be reviewed and compared to other cities; would it be best to completely review
the charter to the end and set aside certain parts which require more discussion; that
charter review should be set at every seven years; that our names be attached somewhere
for future committees to reference for assistance; that changes in the charter and
ordinances be better physically organized; and that staff be called to the committee if
necessary.
Mr. Borno suggested that Lynn Tipton of the Florida League of Cities, an expert
on charter review, be asked to assist the committee. Ms. Carithers stated that member
Joan Carver has extensive government experience also. Discussion ensued on what
timing for Ms. Tipton’s visit would be best. Ms. Bartle suggested asking Ms. Tipton her
opinion on the timing of her visit or visits during this process. The committee agreed that
Ms. Bartle should go ahead with this request. A roster of members is to be provided to
the committee.
Meeting Adjourned at 6:00 p.m.
_________________________
Donald M. Wolfson, Chairman