06-26-14 Minutes Minutes
Charter Review Committee Meeting
June 26, 2014
City Hall, 800 Seminole Road
In Attendance:
Committee Members
Mike Bomb City Manager Nelson Van Liere
Katherine Carithers City Attorney Richard Komando
Joan Carver, Secretary City Clerk Donna Bartle
Tom Goodrich
Judith Leroux
Mark Tomaski,Vice-Chairman
David Vincent
Donald Wolfson, Chairman
Absent:
Sally Clemens
Call to Order
Chairman Wolfson called the fourth meeting of the Charter Review Committee (CRC) to
order at 5:00 p.m. He welcomed Ms. Tipton of the Florida League of Cities and thanked her
and the Florida League of Cities for their support for municipalities in Florida.
Presentation
The first order of business was a presentation on Charter Review by Lynn Tipton, Director
of Membership Development for the Florida League of Cities. Ms. Tipton, who has been
with the Florida League of Cities for 23 years, has municipal charters as an area of
responsibility. She stated that 99.5% of the 410 municipal governments in Florida belong
to the Florida League of Cities. All of the municipalities have a charter and no two charters
are exactly the same.
Ms. Tipton made a number of key points in her slide presentation (which is attached and
made part of this Official Record as Attachment A) to the CRC on charter reform. These
included the following:
• There is a model city charter but it is often regarded as a framework.
• Most city charters do not have a provision for periodic charter review.
• The Internet is an untapped resource for charter review committees; minutes can be
posted on it; public hearings announced.
• Common characteristics in the charters of cities are size of the commission, five or
seven, occasionally six when the mayor is non-voting; length of term, two, three or
four years; election, at large, district or mixed; mayor, elected at large, within the
council or rotated. In a majority of cities in Florida elections are at large.
• The forms of municipal government in Florida are: council-weak mayor; council-
strong mayor; commission; council-manager or commission-manager, or a hybrid of
these.
• Twenty-five communities in Florida were singled out as being similar to Atlantic
Beach in population (12,000 to 15,000) and eleven of these also have a coastal
location. It can also be important to consider the council and the functions
performed by the government.
• Best practices in charter review include methods to reach out to the public, for
example, public forums,websites, and civic groups.
• Questions to consider in charter review include: whether the charter is reflective of
the city's current population; whether the council is representative of the
population; whether the charter addresses responsible professionalism; whether
the city has provided opportunities for citizen participation in the process; and
whether the city is engaged in civic education about the charter.
After completing her power point presentation, Ms. Tipton took questions from the
committee. In response to the question of how to encourage citizen imput, she suggested
being proactive, for example, speaking to civic groups about the charter review. Among the
pitfalls in charter review are not finding a way to involve citizens in the process and a
council that takes on review on its own and only half tackles reform.
Ms. Tipton noted that Florida cities have their elections at a time of their choosing, but
there is pressure from some supervisors of elections to move municipal elections to the
general election date for reasons of efficiency and cost. This push conflicts with home rule.
She responded to a question from Ms. Carithers on the role of the supervisor of elections in
other cities by suggesting contacting the city clerks in comparable cities and looking at
comparable city websites.
Ms. Tipton noted that the reason recommendations by charter review committees go to the
city commissions for approval is because of checks and balances—the commission is the
elected body directly responsive to the public. She noted that some cities have a direct
petition process that bypasses the council. In response to a question regarding funding for
charter review committees, Ms. Tipton stated that the only funding for the committee in
Sarasota was staff time. She cited the cities of Northport and Gainesville as having useful
web sites. She provided her telephone number if the CRC wishes to contact her for
information, 850-701-3637.
Unfinished Business
Ms. Carver moved that the minutes of May 29 be corrected to include Tom Goodrich among
those present since he was inadvertently left off the list. The motion was seconded and
approved.
Minutes of the Charter Review Committee Meeting held on June 26, 2014 Page 2 of 6
Chairman Wolfson stated that since the minutes of the June 12 meeting were not
distributed prior to this meeting, consideration of approval is postponed to the July 17
meeting.
Courtesy of the Floor to Visitors
Chairman Wolfson stated that since members of the public wished to speak on issues
already considered by the CRC, he was moving the Courtesy of the Floor up on the agenda
so the Committee would have the benefit of the visitors'thinking in its deliberations.
Chris Jergensen, 92 West Third Street, stated that he feels a person who lives in a district
but is elected to the commission as a result of campaigning outside the district means in
effect that the district does not have representation. He would like to see more information
on the Atlantic Beach website. He wondered whom you contact when there is a major
ordinance you find offensive. He noted that he would not mind having seven
commissioners.
Nancy Whittington, 1861 Beachside Court, asked what behaviors the city wished to
encourage. She speculated that a different regulatory model than a development model
might be considered. She stated that the committee might consider a full time mayor. She
also suggested an elected police chief for a four or six-year term, a seven person
commission with more neighborhood representation, timing the elections to coincide with
national elections. She asked what incentives could be developed to make citizens more
interested in the government.
New Business
The Committee resumed the review of the Charter initiated at its earlier meetings.
Article II. Section 7. Salary.
Ms. Clemens submitted in writing the question of whether raises voted on by the
Commission should not be effective until the next election cycle. Chairman Wolfson stated
that the salaries were in line with comparable cities. He noted that he had reduced salaries
when he was mayor because of the uncertain economic times. Mr. Borno stated that the
election cycle is every two years. Salary changes are made by the Commission. Salaries
have been adjusted over the years depending on the budget or the Cost of Living index. He
noted that with respect to Commissioners' salaries, commissioners spend more getting
elected than they earn.
Article II. Section 8. Presiding officer: Mayor.
There was considerable discussion on the power of the mayor to appoint committees. Dr.
Tomaski stated this section was very confusing and that he would like to clarify the
wording on the mayor's power to appoint committees. Chairman Wolfson agreed. He said
that he had appointed committees and subsequent to that the city attorney ruled that city
commissioners could appoint committees as well. Mr. Borno said the issue is the things the
mayor should have the right to appoint. The mayor can ask for approval to appoint from
the other commissioners. The spirit of the language is cooperation. It is a process. But if
something is important the mayor can appoint a select committee as he thinks desirable.
Minutes of the Charter Review Committee Meeting held on June 26, 2014 Page 3 of 6
Chairman Wolfson indicated he had a problem with the word or in the appointment power
and believes the document should be clearer. He also believes the mayor should have the
right to appoint committees. Someone running for mayor has a vision for the city that he is
trying to achieve.
Dr. Tomaski said that as a long-time observer of city meetings, he felt that the city attorney
struggled with the language of this provision.
Mr. Borno noted that there was nothing in the language about needing to get the consent of
the commission to appoint a committee.
Chairman Wolfson noted that he created committees on trees and parks when he was
mayor. If the mayor wants to implement a program, he may need to appoint a committee to
achieve that objective.
Ms. Carithers asked doesn't the title mayor-commissioner convey some special power. Dr.
Tomaski stated that he considers the role of the mayor as a moderator. He believes that
both the mayor and the commissioners have the ability to make appointments.
Chairman Wolfson pointed out that the committees are advisory; they cannot take action;
they report to the Commission. It is checks and balances. Although Atlantic Beach is a weak
mayor form of government, he believes that the mayor should have the power to appoint
committees.
Mr. Borno said the staff puts out data on the committees but that is done by ordinance or
on a case-by-case basis.
Dr. Tomaski moved and Mr. Borno seconded the motion that each CRC member
submit in writing to the city attorney a revision of the sentence on the appointment
of committees beginning "The mayor-commissioner shall have...and ending... and
affairs of the city,"The motion was approved.
Chairman Wolfson stated that Ms. Clemens in her written questions had requested a
definition of mayor pro tempore in Section 8. He noted that the appointment should
probably be by a majority of the commission.
Mr. Borno suggested that the provision regarding appointment of the Mayor Pro Tempore
should be under the powers of the Commission in Article 9. Mr. Borno noted that he had
appointed a mayor pro tempore when he was mayor.
Chairman Wolfson raised the question of whether the commission had the right to
nominate someone other than the mayor's nominee. He expressed the view that this
should be the prerogative of the mayor but that the language was vague.
Mr. Borno moved that the clause "who shall be appointed by the city commission
from among its members" at the end of the sentence beginning "In the temporary
absence or disability of the Mayor a Mayor Pro Tempore ....be moved to Section 9
Powers. It was seconded by Mr.Vincent and approved.
Minutes of the Charter Review Committee Meeting held on June 26, 2014 Page 4 of 6
Sec. 9 Powers
There was a discussion of the need to renumber the powers because of changes made to
the list. It was pointed out that re-numbering would be confusing because all items would
be redlined, It was agreed to put a notation on the section recommending re-numbering
after commission review of the recommendations.
There were no comments on item (1) Adopt a budget or item (2) relating to issuance of
bonds, etc.
(3) Establish official boards -Mr. Tomaski stated that he has the same problem with the
appointment of boards as with the earlier item relating to the appointment of committees
by the mayor. He is concerned that the mayor can establish the board and that although
the commission elects the members, they are recommended by the mayor. There was
discussion of the powers of the mayor and commission. It was moved by Ms. Carithers
and seconded by Mr. Borno that following Establish/Delete should be added. The
motion was approved.
(4) No comment on adoption of the official map.
(5) Ms. Clemens suggested in her written comments that this item seemed to give too much
power to elected officials. Chairman Wolfson pointed out the power to regulate the height
of buildings is limited by the Charter provisions limiting height of buildings.
(6) Ms. Clemens asked in writing whether it would be helpful to have a financial report at
the beginning of election term and an independent auditor. It was pointed out that financial
reports are always available. Mr. Komando stated that an independent auditor is
contracted by the city and works for the commission and for him with the responsibility of
reviewing the city finances.
(7) Mr. Vincent raised a question about maximum fines of$1.000. Mr. Komando stated that
this figure refers to the maximum fine for secondary misdemeanors. To clarify this
provision it was moved by Mr. Borno and seconded by Mr. Vincent and passed that
the words or as otherwise provided by Florida statute be added at the end of item 7 .
(8) and (9) There was discussion of the provisions giving the power to lease and sell city
property, including parks. Ms. Leroux and Dr. Tomaski expressed concern that the city
commission had this power. Mr. Komando pointed out that the purpose of the Charter is to
convey broad authority. You do not want a situation where the city does not have the
authority needed. Mr. Borno agreed that the Charter gives broad authority.
Chairman Wolfson said he felt Item 9 on Powers was going to require some time for
consideration. Mr. Borno stated that he felt that it was self-explanatory. Chairman Wolfson
noted in response to Dr. Tomaski's concern about the ability of the Commission to sell
parks that under the Charter any sale has to be submitted to the voters in a referendum.
Ms. Carithers asked Dr. Tomaski whether he wanted the citizens to have more control over
the parks.
Minutes of the Charter Review Committee Meeting held on June 26, 2014 Page 5 of 6
Mr. Vincent agreed it was important to protect parks but that we don't want to put our
officials in a position where they cannot act. There are checks and balances.
Dr. Tomaski held that the language in Item 9 was not strong enough to protect the parks.
He does not feel there is a provision that can be too limiting with respect to parks. Dr.
Tomaski stated that rather than trust in the current provisions, he would protect the parks
in the Charter by prohibiting any sale of parks without a change in the Charter. He stated
that parks are a gift and are sometimes misused.
Chairman Wolfson stated Item 9 needs more discussion. The next meeting of the
Committee will begin with this item.
Housekeeping
Chairman Wolfson expressed concern regarding an article in the "Beaches Leader" by a
member of the CRC who had not had the letter approved by the CRC prior to its publication.
Chairman Wolfson noted that , contrary to a statement in the article, the city did, in fact,
provide assistance to the Committee, for example, the staff support. He asked committee
members not to make statements regarding the work of the Committee without Committee
approval.
The calendar for the remainder of the year for the CRC meetings is listed below. Meetings
will be two hours in length.
Thursday,July 17, 2014 at 5:30 p.m.
Thursday,July 24, 2014 at 5:00 p.m.
Thursday,August 7, 2014 at 5:00 p.m.
Thursday,August 21, 2014 at 5:00 p.m.
Thursday, Sept. 11, 2014 at 5:00 p.m..
Thursday, Sept. 25, 2014 at 5:00 p.m.
Thursday, October 9, 2014 at 5:00 p.m.
Thursday, October 23, 2014 at 5:00 p.m.
Thursday, November 6, 2014 at 5:00 p.m.
Thursday, November 20, 2014 at 5:00 p.m.
Thursday, December 4, 2014 at 5:00 p.m.
Thursday, December 18, 2014 at 5:00 p.m.
Mr. Borno moved for adjournment and Mr. Vincent seconded the motion that was passed.
The meeting adjourned at 8:00 p.m.
Wolfson, Chairman
Minutes of the Charter Review Committee Meeting held on June 26, 2014 Page 6 of 6
ATTACHMENT A
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ATLANTIC BEACH : CITY CHARTER Lynn Tipton
REVIEW MEETING Florida League of Cities, Inc.
June 26,2014
MUNICIPAL CHARTERS IN FLORIDA
N AM charters are unique; haven't found any two identical
•410 cities, towns and villages—all have a charter
▪Goal for tonight: discuss municipal characteristics in Florida and compare Atlantic
Beach using peer statistics
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ATTACHMENT A
COMPARABLE CHARTER CHARACTERISTICS
■Size of Council or Commission: five (5) members is most common; some seven (7) and
some (6) where mayor is non-voting
•Length of term: two, three and four year terms are fairly evenly spread across 410
■Type of election per council seat: at-large; single-member district (SMD); elected
seat with at-large voting; some councils are mix of at-large and SMD
▪Selection of mayor: elected at large; elected from within the council; rotational
■Form of government: see next slide
FORMS OF MUNICIPAL GOVERNMENT IN FLORIDA
■Council-weak mayor: original form brought over from England; about 100 Florida
cities with populations less than 25,000
■Council-strong mayor: an elected executive implements council actions and
administers the city; about 30 Florida cities in all populations
■Commission:each elected official oversees one or more departments autonomously;
come together as legislative body. Less than 5 Florida cities have this
•Council-Manager or Commission-Manager: professional manager appointed by
mayor & council to administer city, prepare agenda and recommend actions to
council, and present a budget each year; about 275 Florida cities of all populations
•Hybrid: elements of the above; about 5 Florida cities
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ATTACHMENT A
ATLANTIC BEACH: PEER COMPARISONS
Using population 12,000 to 15,000: 25 cities meet that factor
Using coastal location (ocean, gulf and intercoastal) —Callaway, Oldsmar, Niceville,
St.Augustine, Destin, Key Biscayne, South Daytona, North Palm Beach, Panama City
Beach,Wilton Manors, Gulfport (11 total)
One of the 25 is council-strong mayor, but not coastal: Palmetto (Manatee County)
24 of 25 are council-manager or commission-manager
Of the 11 coastal: all 5 seats except Niceville (6); Destin (8); Key Biscayne (7)
Should also compare scope of services if any charter elements are compared more
deeply
BEST PRACTICES IN CHARTER REVIEWS
•Holding several public forums for discussion (especially if referendum is scheduled)
•Use of website for display of current and proposed language, as well as minutes
from CRC meetings
•If referendum is being held, develop "FAQ" for website
',Utilize League of Women Voters and other civic organizations to help with forums,
public discussions— proactive role of elected officials and city staff to reach out and
include these groups
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ATTACHMENT A
CHARTER TRENDS IN FLORIDA
Form of government:trend since 1950s toward the council-manager and commission-
manager form of government (including new incorporations)
Charter reviews: seven to ten (7 to 10) years is widely seen
CHARTER REVIEW: QUESTIONS TO CONSIDER
From the 2008 eighth edition of the Model City Charter:
Is the charter reflective of the city's current population?
Is the council representative of the population, both resident and business?
Does the charter address responsible professionalism, and do it adequately?
Has the city provided opportunities for citizen participation in the process?
Is the city engaged in civic education about the charter (web site, for example)?
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ATTACHMENT A
QUESTIONS AND DISCUSSION
Thank you for including the Florida League of Cities in your process!
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