07-24-14 Agenda Packet CITY OF ATLANTIC BEACH
CHARTER REVIEW COMMITTEE MEETING
July 24, 2014 - 5 : 00 PM
AGENDA
Call to Order
1 . Unfinished Business from Previous Meetings
A. Proposals for Section 8 .
B . Comments from Bill Mayhew.
2. 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. Approval of Minutes from the July 17, 2014 Charter Review Committee Meeting.
3. Discussion
4. Miscellaneous Business
5. Next Meeting Date: August 7, 2014 at 5 : 00 p.m.
6. Courtesy of the Floor to Visitors
Adjourn
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, Monday, July 21 , 2014.
Bartle , Donna
From : Richard Komando [Rich @claylawyers . com]
Sent : Wednesday, July 16 , 2014 5 : 00 PM
To : Charter Review Committee
Cc : Van Liere , Nelson ; Bartle , Donna
Subject: Charter Review Committee Follow Up
Attachments : Revision Language Proposals 07162014 . docx
For your review, attached is a copy of a document with the proposed revision language that was discussed at the last
meeting.
Very truly yours,
Richard Komando
Kopelousos, Bradley & Garrison, P .A .
1279 Kingsley Avenue, Suite 118
Orange Park, Florida 32073
Telephone: 904269 . 1111
Facsimile: 904.269 . 1115
Rich @claylawyers. corn
www.claylawyers . c om
This e-mail may contain confidential or privileged n formation. Ifou are not the intended recipient, please advise by return e-mail and delete immediately Without
reading or forwarding to others.
1
Proposal 1 :
Sec . 8 . Presiding officer: Mayor.
The mayor-commissioner shall preside at all meetings of the city commission and shall be
recognized as head of the city government for all ceremonial purposes and by the governor for
all purposes of military law. When directed to do so by the city commission the mayor-
commissioner shall execute all instruments to which the city is a party, unless otherwise
provided by the Charter or by ordinance. The mayor-commissioner shall have no regular
administrative duties except as authorized in this Charter but may appoint, from time to time,
such special or select committees as in his discretion he deems desirable or as may be desired by
the city commission, to expedite the handling of the business and affairs of the city. In the
temporary absence or disability of the mayor-commissioner, all duties of the mayor-
commissioner shall be performed by the mayor pro tempore who shall be appointed by the city
commission from its members .
[and add the following language in Sec . 9 — Commission]
" The commission ma a . . oint from time to time b ma' orit vote such special or select
committees as in its discretion it deems desirable to expedite the handling of the business and
affairs of the city. "
Proposal 2 :
The mayor-commissioner shall the power to appoint special committees to achieve and expedite
the needs and goals of the city.
Proposal 3 :
The mayor-commissioner shall have no regular administrative duties except as authorized in this
Charter but may appoint, from time to time, such special or select committees as in his discretion
he deems desirable to expedite the handling of the business and affairs of the city. Other
members of the commission may on occasion appoint special or select committees with the
approval of a majority of the city commission.
4a
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COAB Charter and Ordnances 29 Jan, 2014
This is a very brief overview of selected parts of the city charter and ordnances along with some
o bservations and recommendations.
Charter
Art. I- Sec. 3- Form of Govn . This is a tough one, the City Manager (CM ) form that we have or a Mayoral
form where mayor would be full time manager. Both have equally severe weaknesses . After a CM stays
around too long, he/she gets too much power. Knowledge is power as is the ability to overly control
people (employees), and to control the flow of information . On the other hand it is all too easy to elect a
mayor that is quite incompetent .
Thus I would recommend keeping the current form and finding ways to create checks and balances that
are needed in any form of government. One way would be to have Human Resources ( HR) report
directly to the city council as does the city clerk and city attorney. This could of course create potential
conflicts, but the CM and line managers could still direct operations and do performance reviews,
recommend salary adjustments, and recommend terminations. HR would control the basic HR functions
such as job descriptions, employment qualifications, and would have to concur on terminations . HR
would also control salary ranges and be in charge of compensation surveys, etc . Having the CM control
such items gives the power to manipulate the system to favor individual employees based on the CM' s
personal desires . The CM and other managers could of course make recommendations and would serve
to balance the power of HR . Any un-resolvable disputes would be referred to the council . We would
n eed a strong HR person and clear definitions of lines of authority.
Art. II- Number of Commissioners . Go to 6 commissioners, 4 by geographical distribution and 2 at large,
plus a mayor; or alternatively, 5 by territory, 1 at large, plus a mayor; or 6 by territory plus a mayor. Let
commissioners and mayor both have 4 year terms, but limit total time in office to 12 years . Mayor
would vote only in case of ties and he/she would have veto power. (Since 4 of 6 would still be able to
over-ride a veto it is more of an appearance thing that would give the elected commissioners the
o pportunity to re-think their vote . )
Sec. 9 (3 )- As to appointment of committees, drop "as recommended by mayor."
Sec. 10- Remove restrictions of letting commissioners serve as CM . Change title of City Clerk to
"Executive Assistant to the City Council", and remove the qualifications for the job .
Sec. 12- Change 3 to 4 for number of commissioners . (Change everywhere it occurs)
Sec . 19- Require outside city accountants and lawyers functions be re-bid every 4 years .
Art. Ill - City Manager
Sec. 22- Qualifications- Eliminate all qualifications . Why would commissioners want to limit
their choices? Surely they would be intelligent enough to give credit for meaningful prior
experience and relevant education .
Art . IV- City Clerk- Change title to " Executive Assistant to the City Council" . This would give more
recognition of the independence of the position from the CM .
Sec 29- Eliminate qualifications . See above .
Art. V- City Attorney- Bid out job every 4 years and require firm to be outside beaches area . We are
such a small community this would lessen the possibility of undue local influences on the
function .
Art . VI- Public Safety- (get someone more knowledgeable than me to review this .)
Art . VII - Budget- Require simplified budget that separates capital expenditures from operating ones .
Require that initial budget be prepared by CFO and submitted to CM with drafts sent to elected
officials and be open to public review. Any changes from the original proposal would also be
distributed to elected officials . Keep the elected officials informed as to what is going on .
Art . VIII - CM to get approval from Council on hiring decision .
Art . IX- Sec. 39- Elections- Nomination by petition, change number of Electors from 10 to 250 .
Sec . 40- Primary Would need to be adjusted to accommodate 6 elected officials with 4 year
terms, rotating every 2 years, plus a mayor with a 4 year term .
Art . XIV- Zoning- Get other to review. Require vote of citizens to change 35 ft . limit if not already so .
Art . XVII- General and Misc.
Sec . 62- CM would have to get ok of HR to fire someone .
Sec . 64- Investigations- Too broad . Should require approval of CM and HR, or elected officials .
Sec. 66- Personal Interest- Needs to be expanded beyond monetary to include other conflicts .
Other Recommendations :
1 . Managers and department heads ( Management) cannot be part Union benefits plans . (This
would not prohibit them from having the same or better benefits, only not being tied to union
negotiations . )
2 . All hiring of Management to be approved by the city council .
3 . No defined benefits plans permitted .
4. Require an outside operational audit every 10 years and have auditors from outside the
Jacksonville/Beaches area reporting directly to the city council .
5 . Require a review of the charter and code shortly after the operational audit every 10 yrs
6 . Require all positions reporting to the city council have a written performance evaluation
annually.
Code of Ordinances :
General : All ordinances should have a brief, brief summary of the intent and requirements of the
ordinance . Some are so long and detailed that they are almost incomprehensible . Most of these
ordinances are so detailed they need careful study by others more technically qualified than myself.
Chapt. 1-5 (6) Why should officers and employees salaries be saved from repeal?
Chapt . 3 -9 Why limit alcoholic beverages to 4 festivals a year?
Chapt. 4 Citizens not subject to home owners associations rules should be permitted to have a few
chickens unless they become a nuisance .
Chapt. 16-4 Some provision needs to be made for the city or the contracted trash people to pick up
piles of trash in medians . I am told that this is not the city's responsibility.
Chapt. 22 Stormwater. Some areas still have no storm water systems. Hopefully this matter is on the
drawing board .
Chapt. 23 Trees . This whole thing needs much study and simplification .
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. Clemons 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. Clemons 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. Clemons 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. Clemons moved and Ms. Leroux move the adjournment of the meeting at 7:35
p.m.The motion passed.
Don Wolfson,Chairman