07-24-14 Minutes Minutes
Charter Review Committee Meeting
July 24, 2014
City Hall, 800 Seminole Road
In Attendance:
Committee Members
Mike Borno City Manager Nelson Van Liere
Joan Carver, Secretary City Clerk Donna Bartle
Sally Clemens
Tom Goodrich
Judith Leroux
Mark Tomaski,Vice Chairman
David Vincent
Donald Wolfson, Chairman
Absent
Katherine Carithers
Call to Order
Chairman Wolfson called the sixth meeting of the Charter Review Committee (CRC) to order at
5:00 p.m. on July 24, 2014.
Unfinished Business
Chairman Wolfson returned to the discussion of Section 8. Presiding Officer: Mayor, which had
focused on the ambiguity in the provision relating to the power to appoint committees at the
meeting on June 24th. City Attorney Komando had earlier submitted to CRC members three
proposed versions of a revision of Sec. 8.
There was substantial discussion of this provision and the revisions. Ms. Clemens emphasized
the importance of allowing all members of the commission to share in appointing people to
committees. Chairman Wolfson stated that when he felt he needed to create a committee, he
shared the appointment process with other members of the Commission. Mr. Borno stated that
when he was mayor he also followed the practice of letting the commissioners appoint
members to a committee.
Chairman Wolfson pointed out that sometimes there are citizens who have expressed an
interest in serving on a particular committee but sometimes there are no volunteers and the
commissioners have to reach out to find persons to serve. With all of the commissioners
participating in the appointment process,there is more outreach.
In a discussion of the power of appointed committees Mr. Goodrich pointed out that anything
recommended by a committee would have to be approved by the commission. Dr. Tomaski
stated that other commissioners should also have the power to appoint committees. Mr.
Vincent pointed out that the question was who has the right to appoint committees. Mr. Borno
stated that when he was mayor as a courtesy he asked for the approval of the commission
when he created a committee.
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Chairman Wolfson stated that he wanted to avoid limiting the mayor's ability to appoint a
committee. In response to Ms. Clemens concern about the power of other commissioners to
appoint committees, Chairman Wolfson pointed out that a commissioner could appoint a
committee with the approval of a majority of the commission.
In response to concern about finding persons to serve on committees, Mr. Borno stated that
the Charter is a document that provides guidelines and it is the ordinances that spell out the
details.
Dr. Tomaski cited the example of the appointment of the police building committee in the past
as one in which he felt the membership of the committee was stacked and that there was more
staff participation than he felt reasonable. This resulted in a recommendation in favor of a new
police building. He concluded that the process had worked in the end since the commission did
not approve the committee's recommendation.
Ms. Leroux supported providing some flexibility by allowing commissioners to appoint
committees and raised the question whether the process now used is broken. Mr. Borno
responded that the process works; that there are checks and balances. Chairman Wolfson
stated that he tried to share responsibility. He noted that he was supportive if a commissioner
from another part of the city wanted to create a committee.
Mr. Borno moved that the CRC adopt the third of the alternative wordings proposed by City
Attorney Komando for Article II. Sec. 8. Mr. Goodrich seconded the motion that the
sentence beginning "The mayor-commissioner shall have no regular
administrative...and ending ...and affairs of the city" be deleted and replaced by the
following two sentences: "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."The motion was approved unanimously.
Chairman Wolfson called the CRC's attention to Mr. Mayhew's written comments mailed to the
committee. Chairman Wolfson asked if members of the committee wished to comment. With
no comments, he stated that Mr. Mayhew's recommendations would be considered when those
items were under CRC review.
Approval of Minutes
Chairman Wolfson asked it there were corrections or additions to the minutes of the meeting
of July 17. Chairman Wolfson stated that Ms. Clemens name was misspelled and should be
Clemens not Clemons. Mr. Borno moved, and Ms. Leroux seconded approval of the
minutes as corrected.The motion was approved.
Art. II. Sec 9. Powers. Item 8,9/14
Dr. Tomaski had proposed at the July 17 meeting to draft a new Item 14 under powers dealing
with parks. He distributed the proposed new item to members of the CRC, noting that he had
tried to find the best language to protect the parks. Mr. Vincent recommended the committee's
approval be conditional on its review by City Attorney Komando. Ms. Leroux moved and Dr.
Tomaski seconded the motion that the following Item 14 be added to Sec. 9, subject to
the approval of the wording by the city attorney:
Minutes of the July 24, 2014 Charter Review Committee Meeting Page 2 of 4
And shall provide for the protection and preservation of parks as follows: Any real
estate, now or hereafter owned by the City or any agency or instrumentality of the City,
which is principally used or held out for use as a public park, passive or active, shall be
used only as a public park, and shall not be sold, leased, given away, changed in
description or use, or otherwise disposed of, nor shall any structure be built in any such
park to accommodate activities not customarily associated with park use or outdoor
recreation, unless such sale , lease, disposal, gift or structure is approved by a majority
of the qualified electors voting therein.
Art. II. Sec.9. Item 9.
Ms. Leroux raised the issue of the sale of property and limits on such sale raised at earlier
meetings in the discussion of Item 9. Mr. Vincent noted that in earlier discussions the point had
been made that protections rested with the city staff and city commission that would have to
rule on any decisions to sell.
Dr. Tomaski stated that his main concern is not utility plants or golf courses but real property
that is a real asset to the city. In his opinion the citizens would not like city officials to sell city
property.
Mr. Goodrich expressed concern about the city sale of a whole system without voter approval.
Mr. Borno noted that many cities shut down utilities to reduce costs although it was often not a
good idea because they were revenue generating. Chairman Wolfson observed that when the
City of Jacksonville closed one of its generators, it did not seek voter approval.
City Manager Van Liere stated that in a sale, for example, of a utility, consultants will evaluate
the sale and there are procedures that must be followed. He noted that the city had acquired
the Buccaneer system with no referendum but never thought that they would not be able to
sell the property the city did not need.
Mr. Vincent asked what are we trying to preserve? He suggests if we specified a specific
amount of land or value, we were going into too much detail. Would we want to specify that an
election be required to sell a very small piece of property? Dr. Tomaski suggested that the CRC
might put a dollar limit on what might be sold without a referendum. Mr. Vincent stated that
dollar values change.
Chairman Wolfson observed that we don't want to tie the hands of the city officials. The
Charter is a document to run the government. We don't want to create a situation in which the
city has to have state approval and a referendum to sell a small piece of property.
Mr. Borno pointed out that the City of Atlantic Beach does not have most of the items listed in
Section 9, Item 9.
After further discussion Mr. Borno moved and Mr. Goodrich seconded the motion that
hospitals,airports and parks be deleted from Art. II,Sec. 9. Item 9 and the words"of real
property within the city limits" be inserted after terms of sale in that provision. The
motion was unanimously approved.
II.Sec. 10.Appointment of city manager.
Dr. Tomaski, who had moved to table this item at the July 17 meeting, stated that he was
withdrawing his earlier suggestion that public participation be a requirement in the Charter in
Minutes of the July 24, 2014 Charter Review Committee Meeting Page 3 of 4
the selection of a city manager. He pointed out that Port Orange has public participation in the
selection of the manager, but that this requirement does not seem to be in the charter. He
noted that this seems to be a new idea that is working well. Mr. Borno stated that many meet
and greet events were held when Mr. Hanson was hired as city manager.
II. Sec. 11.Appointment of deputy city manager or clerk.
Mr. Goodrich stated that he felt the city manager should request the approval of the city
commission to hire a deputy. Mr. Vincent stated that the city manager should have a role in
appointing his deputy. Chairman Wolfson stated that the commission was generally supportive
of the staff, but he also feels that the city manager and/or clerk should get the approval of the
commission to hire a deputy. Mr. Borno moved and Chairman Wolfson seconded the
motion that the words "may request"be inserted between may, and if; the word appoint
be deleted and the words `to be hired as approved by the city commission" be inserted
after respectively. (The revised sentence would read: The city manager and the city
clerk may request, if they deem it necessary, a deputy city manager and deputy city
clerk, respectively, to be hired as approved by the city commission and who shall be
compensated at a rate set by the city commission.) The motion was approved
unanimously.
IL Sec. 12.Vacancies in the city commission.
Chairman Wolfson raised the question of how a tie vote for a commissioner to fill a vacancy
might be resolved. It was suggested voting would have to continue until there were three votes
in favor of a person, perhaps a compromise candidate. Chairman Wolfson moved and Ms.
Leroux seconded the proposal that in this provision "5 and" be inserted between Sec.
and 6.The motion was approved unanimously.
Miscellaneous.
Chairman Wolfson stated that in the future the first item on the agenda would be approval of
the minutes of the prior meeting.
Courtesy of the Floor to Visitors.
Chris Jorgensen, 92 West Third Street, stated that he enjoyed the discussion of the
appointment of committees. He asked the question of how it would be handled if there were no
candidate in a district. He expressed the view that a citywide vote should be required for a
change in assessment.
Mr. Vincent moved for adjournment. Mr. Goodrich seconded the motion and it was approved
unanimously.The meeting adjourned at 7:00 p.m.
Don Wolfson, Chairs 4in
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