08-07-14 Minutes Minutes
Charter Review Committee Meeting
August 7,2014
City Hall, 800 Seminole Road
In Attendance:
Committee Members Staff Members
Donald Wolfson, Chairman City Manager Nelson Van Liere
Mark Tomaski, Vice Chairman City Attorney Richard Komando
Joan Carver, Secretary City Clerk Donna Bartle
Mike Borno
Katherine Carithers
SallyClemens
Judith Leroux
Absent
Tom Goodrich
David Vincent
Call to Order
Chairman Wolfson called the seventh meeting of the Charter Review Committee (CRC) to order
at 5:00 p.m. on August 7, 2014.
Approval of Minutes
Mr. Borno moved the approval of the minutes of the meeting of July 24, 2014 of the Charter
Review Committee. CRC). Ms. Clemens seconded the motion and it passed unanimously.
Unfinished Business
A new provision 14 relating to parks (Sec.9. Powers in Article II) was drafted by Dr. Tomaski
and approved by the CRC at the July 24 meeting subject to the approval of City Attorney
Komando. Mr. Komando approved the wording.
City Attorney Komando stated that he is keeping a log of the changes being made to the Charter
with the intention of presenting a revised Charter to the City Commission at the end of the
Committee's work.
Chairman Wolfson indicated that he is struggling conceptually with how to deal with the fact
that some of the changes the Committee is recommending are very significant and some are
simply housekeeping. City Attorney Komando noted that the CRC could single out items for
emphasis and that the Commission does not have to accept the recommendations made by the
CRC. Mr. Borno suggested that the summary report of the CRCs work could deal with the
controversial issues.
Discussion
Art. II. Sec. 13. Creation of new departments or offices; change of duties.
Ms. Clemens questioned the meaning and significance of the power of creating new departments
and the costs of doing so. Chairman Wolfson pointed out that the Commission has the authority
to create and abolish departments.
There was a discussion of the difference between a charter board, such as the Community
Development Board, that can be abolished only by vote of the citizens and a committee or board
created by ordinance such as the Tree Committee. There was a brief discussion of why the Tree
Board was abolished. Dr. Tomaski stated that Commissioner Woods had proposed abolishing it
because it had served its purpose. City Manager Van Liere explained that a study found that the
Tree Board followed staff recommendations in almost all cases. Thus, the Board did not seem to
be needed.
Ms. Clemens and Ms. Carithers asked for the names of the City's various committees. City
Attorney Komando stated that the standing boards/committees include Code Enforcement Board,
Community Development Board, Pension Board, and Cultural Arts and Recreation Advisory
Committee. He noted that the Code Enforcement Board is quasi-judicial and as such has a
different standing; for example, it can levy fines. The Community Development Board and Code
Enforcement Board are mandated by the State of Florida.
Art. II. Sec.14 Induction of city commission into office; meetings of the city commission.
Mr. Borno raised a question with City Clerk Bartle regarding the changes in election dates
requested by Supervisor of Elections Holland. Mr. Holland had proposed changing the date to
align with other elections to stimulate turnout.
City Clerk Bartle stated that the dates of the Atlantic Beach election in 2013 were: Primary,
August 27; Run-off, Nov. 5; Swearing In, Nov. 12. (No run-off was needed.)
Dr. Tomaski observed that the date of the election meant that candidates had to campaign at a
time when many families are on vacation.
Ms. Carithers expressed an interest in changing the election calendar.
Ms. Clemens stated that Atlantic Beach had voted by referendum to keep its date. City Clerk
Bartle suggested that the city might get better turnout if the city elections coincided with the
national elections. Chairman Wolfson and Dr. Carver speculated that a small community's
election issues could get lost in a national election.
Ms. Carithers stated that she would like to see the minutes of commission meetings available on
the web and the wording in Article 14 of the Charter updated. Both Mr. Borno and Chairman
Wolfson noted the importance of updating the language. City Attorney Komando cautioned that
it is not possible to foresee new technology so keeping statements general may be best. He also
noted that the city has to abide by state law on records.
Minutes of the Charter Review Committee Meeting of August 7, 2014 Page 2 of 5
Mr. Borno suggested that Ms. Carithers take the lead in redrafting Sec. 16 to update the language
Ms Carithers agreed to do this.
Dr. Tomaski noted that it is no longer expensive to store records so all records could be kept
forever.
Art. II. Sec. 15. City Commission to be judge of qualifications of its members.
No comments or recommendations.
Art. II. Sec. 16. Rules of procedure; journal of minutes.
See comments under Sec. 14.
Art. H. Sec. 17. Ordinances
No comments or recommendations.
Art. II. Sec. 18. Procedure for passage of ordinances or resolutions.
No comments or recommendations
Art. II. Sec. 19. Independent annual audit.
Chairman Wolfson stated that there was a written suggestion to the Committee that the auditor
be changed every four years. There was a brief discussion of the merits of frequently changing
auditors. City Attorney Komando stated that he does not agree with the mandate to change
auditors frequently. It takes time for auditors to get up to speed and they are expensive. With
frequent changes you are paying for the auditors to become familiar with your system. In
addition, he noted that many auditors do not have experience in government accounting.
Currently the auditing firm is hired for four years with a possible two-year extension.
Ms. Clemens stated that she would like to have a clearer picture of the city's financial status.
Both Mr. Borno and City Attorney Komando suggested that the budget is a better source than the
audit for citizen understanding the city's finances.
Sec. 20. Right of city manager and other officers in city commission.
The committee discussed the meaning of the title of this provision, questioning the term right.
The general consensus was that it was more a responsibility than a right to attend. Chairman
Wolfson moved that the word responsibility replace right. Dr. Tomaski seconded the
motion. Ms. Lemoux suggested a neutral title, substituting the word attendance for right.
Chairman Wolfson accepted the change. Ms. Lemoux seconded the changed motion. The
committee passed the motion unanimously to change the title of Sec. 20 to read: Attendance
of city manager and other officers in city commission.
III. City Manager. Sec. 21. Appointment.
Chairman Wolfson raised the question of whether there were guidelines for compensation of a
city manager. Mr. Borno stated that candidates for the position have an agenda and an idea of the
compensation they want.
Minutes of the Charter Review Committee Meeting of August 7, 2014 Page 3 of 5
III. Sec. 22. Qualifications.
Chairman Wolfson pointed out that the area of qualifications is a grey area that needs
clarification. The wording in question states "Not less than three years of administrative
experience as a city or county government chief administrative or executive officer..." The
question that was raised in past is whether only chief executives can be considered for the
position of city manager. Chairman Wolfson stated that this had become an issue in the
appointment of City Manager Van Liere.
Ms. Carithers asked what the city is trying to achieve with the qualifications. Chairman Wolfson
noted that the CRC is benefiting from Mr. Komando's understanding of the complexity of the
issue since he advised the City Commission on the meaning of the provision. City Attorney
Komando stated that rather than requiring a candidate to be a chief executive officer, most
communities call for experience as a division or department head. Mr. Komando noted that this
language opens up the process.
Mr. Borno stated that the city is looking for someone to handle day-to-day operations.
Chairman Wolfson stated that the CRC is trying to prevent the City Commission from getting
bogged down by the language, by the meaning of what constitutes a chief administrative or
executive officer. The ambiguity of the language could end up in debate or requiring the opinion
of legal counsel.
City Manager Van Liere noted that he had been a finance director for 16 years and prior to that
budget director in Jacksonville Beach. Considering his many years of public service in
management positions, he did not feel he should be excluded from consideration because of not
holding the position of chief.
Ms. Lemoux proposed.that the wording for the section on experience read: three years of
experience with department head experience or higher. Chairman Wolfson asked City Attorney
Komando to draft a provision on the experience required taking into account the CRC discussion
for the CRC's consideration.
There was also a brief discussion of the degree requirement. Mr. Borno suggested requiring a
degree in public administration eliminating the or directly related field. Dr. Carver did not
believe requiring a public administration degree as opposed to some other degree was necessary.
Miscellaneous
Ms. Clemens stated that Mr. Mayhew had sent the CRC a number of suggestions. She believes
the CRC should be discussing these suggestions. Chairman Wolfson pointed out that the
members of the committee have the suggestions and a member can bring up a suggestion if he or
she concurs with it. Ms. Clemens stated she did not agree with that approach. Chairman
Wolfson stated that Ms. Clemens could open the next meeting with her position on this question.
The CRC will meet on August 21, 2014.
Courtesy of the Floor
Minutes of the Charter Review Committee Meeting of August 7, 2014 Page 4 of 5
Chris Jorgensen, 92 West Third Street, expressed his concern over how the City Commission
will handle the final report of the Charter Review Committee.
M. Borno moved for adjournment. Ms. Clemens seconded the motion, which was approved
unanimously. The meeting adjourned at 7:15.
on Wolfson, Chairman
Minutes of the Charter Review Committee Meeting of August 7, 2014 Page 5 of 5