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06-12-14 Agenda 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, June 6th, 2014. CITY OF ATLANTIC BEACH CHARTER REVIEW COMMITTEE MEETING June 12th, 2014 – 5:00 PM AGENDA Call to Order 1. Courtesy of Floor to Visitors 2. Unfinished Business from Previous Meetings A. Information from Lynn Tipton, Florida League of Cities. Ms. Tipton is confirmed to speak at the June 26th CRC meeting. 3. 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 May 29th, 2014 Charter Review Committee Meeting 4. Discussion A. Discuss items in Sections 1 through 25 B. Items proposed by S. Clemens (See Attached Summary) 5. Miscellaneous Business 6. Next Meeting Date: June 26th, 2014 at 5:00p.m. Adjourn Minutes Charter Review Committee Meeting May 29, 2014 City Hall, 800 Seminole Road In Attendance: Committee Members Staff Mike Borno City Attorney Richard Komando Joan Carver, Secretary City Clerk Donna Bartle Sally Clemons City Manager Nelson Van Liere Judith Leroux Mark Tomaski, Vice Chairman David Vincent Absent: Katherine Carithers Donald Wolfson, Chairman Call to Order: Vice Chairman Mark Tomaski called the second meeting of the Charter Review Committee to order at 5:00 p.m. He asked that the committee members introduce themselves since two members had not been present for the first meeting. Following the brief introductions Mr. Tomaski asked if any members of the public wished to address the committee. Chris Jorgensen took this opportunity, commending the committee on creating an inviting venue for participation and on the City’s website which makes information available to the public. Vice Chairman Tomaski asked for approval of the minutes of the April 29 meeting and a motion to accept the minutes as distributed was made, seconded and approved unanimously. Ms. Leroux was commended for her work on the minutes. Vice Chairman Tomaski then turned to unfinished business. The position of secretary needed to be filled since Ms Leroux had indicated at the prior meeting that she did not want to hold the position past the first meeting. Vice Chairman Tomaski asked for a volunteer for the position. Joan Carver volunteered and it was moved, seconded and passed to appoint her as secretary, A second item of unfinished business was setting a meeting time for the committee. After discussion there was a general consensus that it would be best to set a regular time which members could schedule. It was moved, seconded and passed to meet on the second and fourth Thursdays at 5:p.m. in June and July. Ms. Bartle, the City Clerk, stated that the City Hall, Commission Chamber would not be available in August because of scheduling conflicts. It was agreed that the dates for meetings in August and beyond would be determined at the last meeting in July. Minutes should be available a week before the meeting so there is time for review. Minutes of the Charter Review Committee Meeting of May 29, 2014 Page 2 of 2 There was a general discussion of how to approach charter review. Mr. Komando, the City Attorney, pointed out that the Charter is supposed to be the general guide and thus is more difficult to change than the ordinances. He also noted that there is no provision in the Charter for its amendment or for a set review of the Charter. Since there are no provisions for change in the Charter, Atlantic Beach follows Florida statutes. Anything the Charter Review Committee recommends has to go to the City Commission for action. It was pointed out that this is the first Charter review since 1993. Vice Chairman Tomaski noted that the Charter and the Ordinances are on the City website and so available to committee members. He stated that members might want to look initially for problematic provisions; for example those that are confusing or in conflict. Mr. Borno stated that the committee should be talking about the process for change. Any ideas for change in the Charter itself should go to the City Attorney for review to ensure the proposed change does not conflict with state or federal regulations and laws. Mr. Borno said he initially thought we should always have a motion, a second, and a vote on any item. However, since committee members are sometimes absent, he considers it preferable that the motion be for consideration of the change so every member of the committee has an opportunity to vote on the proposal. Mr. Borno pointed out that all committee action should be traceable: it should include the motion, the second, discussion and the vote. There was additional discussion of how the committee should proceed with its work; Vice Chairman Tomaski suggested that the committee might proceed by going through the document item by item. It was pointed out by Mr. Borno that we are not required to change anything. Clay County had a charter review and made no changes. Mr. Vincent suggested we review the first 25 sections for the next meeting. It was agreed by consensus that the committee should be prepared to review the first 25 sections at the next meeting and if the consideration of items moves quickly, items beyond the first 25. Suggestions for change can be made directly to the City Attorney. There was a consensus that the work of the committee should be open and driven by the concerns of the citizens as well as the committee. There was discussion of how to make citizens aware of the committee’s work and encourage their input. Ms. Bartle pointed out that there is no money in the budget for advertising meetings in the newspapers. Questionnaires to Atlantic Beach residents was raised as a possibility as was putting a notice on the sign board in front of City Hall and including information in the Atlantic Beach Newsletter. Vice Chairman Tomaski volunteered to write a letter to the Beaches Leader explaining the committee’s charge and inviting citizen input. The next meeting of the committee will be Thursday June 12, at 5:00 p.m. The meeting was adjourned at 6:10 p.m. ___________________________________________________________________ Mark Tomaski, Vice Chairman CITY OF ATLANTIC BEACH CHARTER REVIEW COMMITTEE MEETING June 12th, 2014 – 5:00 PM Proposed Items for Discussion – by S. Clemens ARTICLE 2 ----COMMISSION (5) Number of commissioners Define electors Any change to number of commissioners? Should commissioner live in his district and only voted by his district? (6) Qualifications Documented proof citizen of United States Resident of Atlantic Beach --- longer ---how many years longer? Shall not hold any other elective office----more definitive--- no government or / and public ??? (7) Salary Ordinance answered procedure Should raises be discussed and voted by commission not effective until next election cycle? Extra amenities? Out of town meetings? (8) Mayor Appointment of committees better defined Selection of mayor pro tempore (9) Powers #5 seems too much power in 5 elected officials #6 Would it be helpful to mayor to have a financial report at the beginning of election term plus an independent audit report #8 & #9 needs discourse #11 this is the place to define the procedure how salary and other compensations are determined Meetings required? Hourly compensation? (11) Appointment of deputy city manager and /or city clerk Not needed approval of city commission yet commission sets compensation Where is the vetting? (13) Creation of new departments or offices Isn't our present commission thinking of combining Public Works and Water? (15) City Commission to be judge....... What does this mean? If qualified by Article 2 Section 6 (16) Rules of procedure More technological language needed to be added (19) Independent Annual audit Should be citizen friendly and available to citizens ARTICLE 3 ----THE CITY MANAGER (21) Appointment Add Art. 2 plus the ordinances Compensation --- more defined How the compensation rate set by commission? (22) Qualifications If applicants.......shall meet ALL the below, shouldn't AND be between the 4 listed requirements? When and how is salary and other compensations discussed? (24) Absence of the city manager Emphasize Temporary (25) Removal of city manager Now vote of 3 commissioners. Discussion---should it be 4? ARTICLE 4-----CITY CLERK (28) Appointment & Duties # 6 Should or could records have different department? (29) Qualifications Should be ALL the following......... Where is discussion of salary and compensation? (30) Removable of city clerk Now vote of 3 commissioners. Discussion---should it be 4? ARTICLE 5 ----- CITY ATTORNEY (31) Appointment and Qualifications Salary and other compensation needs discussion? (32) Powers and Duties Money under salary or additional compensation for these duties? ARTICLE 6 -----PUBLIC SAFETY (33) Appointments and Responsibility Salary?