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07-17-14 Minutes 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. Clemens 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. Clemens 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. Clemens 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. Clemens moved and Ms. Leroux move the adjournment of the meeting at 7:35 p.m.The motion passed. °Qt.-- Don Wolfson, Chairman