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04-24-24 Charter Review Committee AgendaCity of Atlantic Beach Agenda Charter Review Committee Meeting Wednesday, April 24, 2024 - 6:00 p.m. Commission Chamber, City Hall 800 Seminole Road, FL 32233 Page(s) CALL TO ORDER AND ROLL CALL 1. APPROVAL OF MINUTES 1.A. Approve minutes of the March 27, 2024 Charter Review Committee meeting. 3 - 19 3-27-24 Charter Review Committee - Draft Minutes 2. PUBLIC COMMENT 3. MISCELLANEOUS BUSINESS 3.A. Proposed Amendments to Secs. 14, 40, and 41 21 Proposals to Sec. 14, 40, and 41 for consideration 3.B. Proposed amendments to Secs. 25, 30, and 32 Proposed amendments for Secs. 25, 30, and 32 to consider along with changes to Sec. 5 3.C. Other sections of the Charter 23 3.D. Discuss results of CRC Member Priority Rankings (11 out of 13 members 25 - 33 submitted) Link to Members' Rankings Priority Ranking Sheet for CRC Amendments CRC Ranking Results of 11 members 3.E. Final Report Draft Report 35-40 4. ADJOURNMENT This meeting will be live -streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. Any person wishing to speak to the Charter Review Committee at this meeting should submit a request prior to public comment. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Page 1 of 40 Charter Review Committee - 24 Apr 2024 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's Office at (904) 247-5809 at least three business days prior to the meeting. Page 2 of 40 Agenda Item #1.A. 24 Apr 2024 Present: Absent: Also Present: MINUTES Charter Review Committee Meeting Wednesday, March 27, 2024 - 6:00 PM Commission Chamber, City Hall 800 Seminole Road, Atlantic Beach, FL 32233 William "Bill" Gulliford, Chair Suzanne Shaughnessy, Vice Chair Jennifer Lagner, Secretary Debbie Buckland, Member Charles "Chip" Drysdale, Member Mitchell Reeves, Member Dawn Scott, Member Steve Swann, Member Donald Young, Member Bruce Andrews, Member Kelly Elmore, Member Ellen Golombek, Member Kirk Hansen, Member William B. Killingsworth, City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) CALL TO ORDER AND ROLL CALL 1. APPROVAL OF MINUTES A. Approve minutes of the February 28, 2024 Charter Review Committee meeting. MOTION: Approve minutes of the February 28, 2024 Charter Review Committee meeting. Motion: Suzanne Shaughnessy Second: Dawn Scott William "Bill" Gulliford For Suzanne Shaughnessy (Moved By) For Jennifer Lagner For Debbie Buckland For Charles "Chip" Drysdale For Mitchell Reeves For Dawn Scott (Seconded By) For Steve Swann For Donald Young For Motion passed 9 to 0. Charter Review Committee March 27, 2024 Page 1 of 17 Page 3 of 40 Agenda Item #1.A. 24 Apr 2024 2. PUBLIC COMMENT Michael Hoffmann Atlantic Beach spoke about vote dilution and reviewed district representation with district voting vs. at -large voting. He requested having two CRC members suggest putting it on the ballot. 3. MISCELLANEOUS BUSINESS A. ARTICLE III. - THE CITY MANAGER, Sec. 22. - Qualifications; other sections ARTICLE II. - THE COMMISSION, Sec. 14. - Induction of city commission into office; meetings of the city commission The Committee referred to and discussed proposed changes shown in a handout relating to Sec. 14 and Sec. 81 (which is attached hereto and made part of this Official Records as ATTACHMENT A). The proposed language for Sec. 14 was deferred to the April 2024 meeting to give City Attorney Gabriel time to review. Sec. 81. - Periodic Review ATTACHMENT A to 3-27-24 CRC Minutes MOTION: Accept proposed changes in Sec. 81 as presented. Motion: Mitchell Reeves Second: Jennifer Lagner William "Bill" Gulliford Suzanne Shaughnessy Jennifer Lagner (Seconded By) Debbie Buckland Charles "Chip" Drysdale Mitchell Reeves (Moved By) Dawn Scott Steve Swann Donald Young Motion passed 9 to 0. For For For For For For For For For ARTICLE III. - THE CITY MANAGER, Sec. 22. - Qualifications MOTION: Add to Article III. - THE CITY MANAGER, Sec. 22. - Qualifications. At the time of appointment, the new city manager need not be a resident of the city or state, but within six (6) months the city manager shall reside within the city of Atlantic Beach or unon annroval from the Commission, may live within 15 miles of City Hall as the crow flies. Motion: Jennifer Lagner Second: Mitchell Reeves General discussion ensued about the CM living within the city limits. Charter Review Committee March 27, 2024 Page 2 of 17 Page 4 of 40 Agenda Item #1.A. 24 Apr 2024 Dr. Nancy Staats, Atlantic Beach thinks 15 miles is too far. Jackie Beckenbach, Atlantic Beach not comfortable with 15 miles and understands the need for a city manager to live within the city limits. Don Wolfson, Atlantic Beach spoke of possible housing solutions while being within the city boundary. Having housing for the city manager could be a benefit as they transition into the role. William "Bill" Gulliford Against Suzanne Shaughnessy Against Jennifer Lagner (Moved By) For Debbie Buckland Against Charles "Chip" Drysdale For Mitchell Reeves (Seconded By) For Dawn Scott Against Steve Swann Against Donald Young Against Motion failed 3 to 6. B. Proposed Charter Amendments Chair Gulliford acknowledged the handout, "Charter Review Committee Recommendations" (which is attached hereto and made part of this Official Record as ATTACHMENT B) and assigned the CRC members to prioritize their top five to six charter amendments. CRC members are to send their priorities to the City Clerk and they will be compiled for ranking based on responses. Responses are due to the City Clerk by April 11, 2024. ATTACHMENT B to 3-27-24 CRC Minutes C. Final submission of any item or consideration by any committee member Chair Gulliford deferred Chair to Vice Chair and presented a handout (which is attached hereto and made a part of this Official Record as ATTACHMENT C). ATTACHMENT C to 3-27-24 CRC Minutes MOTION: Sec. 5. - Number of commissioners; selection; term. Add two at large Commissioners and allow the 4 district seats (Seats 2, 3, 4, & 5) to be voted on only by those electors of that particular precinct (district). The Mayor and the other two commission seats would be at large. Motion: William "Bill" Gulliford Second: Jennifer Lagner Charter Review Committee March 27, 2024 Page 3 of 17 Page 5 of 40 Agenda Item #1.A. 24 Apr 2024 General discussion ensued regarding the motion. Michael Hoffmann, Atlantic Beach was not supportive of adding two large seats for the Commission. Dr. Nancy Staats, Atlantic Beach is not supportive of adding two at large due to the financial cost, we already vote for at large, the western side have fewer candidates possibly due to work demands, cost of elections, and will dilute the representation. Don Wolfson, Atlantic Beach recounted the change to districts and believes the current situation is working. Michael Hoffmann, Atlantic Beach shared the law and the constitution are concerned who is eligible to vote. William "Bill" Gulliford (Moved By) Suzanne Shaughnessy Jennifer Lagner (Seconded By) Debbie Buckland Charles "Chip" Drysdale Mitchell Reeves Dawn Scott Steve Swann Donald Young Motion passed 9 to 0. For For For For For For For For For The Committee took a recess from 7:30 p.m. to 7:40 p.m. ML Vice Chair Shaughnessy wanted to review ARTICLE XVIII. - WHEN ACT TAKES EFFECT AND PERIODIC REVIEW Sec. 81. - Periodic review. She feels a nomination by Commissioners is appropriate and not an application. The Charter states "shall appoint" and gives Commission discretion as to how to appoint. No further discussion. D. How drawing of districts is done General discussion on redistricting; Member Reeves recounted the election office played a part in the suggestion of the slight realignment with Atlantic Beach County Club was developed. Don Wolfson added commentary the supervisor of elections uses the census and have input. General discussion ensued regarding the process and if the city should have a process. Consensus to proposed as a consideration to the Commission they adopt ordinance for voting districts to be reviewed and have a defined process. E. Schedule (previously set as Apr. 24 at 6 p.m.) CRC will meet April 24, 2024 as scheduled. Charter Review Committee March 27, 2024 Page 4 of 17 Page 6 of 40 Agenda Item #1.A. 24 Apr 2024 F. Review of Deliverable Dates The timeline states to submit final report to Commission by May 9, 2024. Propose to present the report before May 9, 2024 and then schedule a joint meeting with the Commission after they have time to review the recommendations. 4. ADJOURNMENT There being no further discussion, Chair Gulliford declared the meeting adjourned at 8:05 p.m. Attest: Jennifer Lagner, Secretary William Gulliford, Chair Date Approved: Charter Review Committee March 27, 2024 Page 5 of 17 Page 7 of 40 Agenda Item #1.A. 24 Apr 2024 Page 6 of 17 Page 8 of 40 ATTACHMENT A to 3-27-24 CRC Minutes Sec. 14. Induction of city commission into office; meetings of the city commission. After each primary election or eeneral election (as applicable). the newly elected city commissioners shall assume the duties of office at the regularly scheduled meeting of the city commission held on the second Monday in November December provided that the Supervisor of Elections has certified the election results. If the election results for any contested city commission seat cannot be certified prior to the meeting to be held on the second Monday in ^'ovcmbm� rDecember, then any newly elected city commissioners shall assume the duties of office at the next regularly scheduled meeting of the city commission following receipt of the certified election results from the Supervisor of Elections. Until the newly elected city commissioners assume the duties of office, the previous sitting city commissioners shall remain in office. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city commission shall be open to the public. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17) ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REVIEW Sec. 79. Effective date of Act. This Act shall go into effect subject to the referendum and in accordance with state law under F.S. 166.031. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Sec. 80. Effect of changes in state law. In the event of changes in state law which are in conflict with any provisions of this Charter, state law shall prevail. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Sec. 81. Periodic review A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of the City shall be appointed by the City Commission every eight (8) years to review the City Charter and propose any amendments or revisions, which may be advisable for placement on the regular general municipal election ballot. The City Commission shall appoint the Charter Review Committee in January February of the year immediately preceding the election with a definite and specific charge. The Charter Review Committee shall meet for the purpose of organization within thirty (30) days after the appointments have been made. The Charter Review Committee shall elect a chair and vice chair from among its membership. Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review Committee. All meetings shall be open to the public. No Charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. No later than one -hundred and eighty (180) days prior to the regular general municipal election, the Charter Review Committee shall deliver to the City Commission the proposed amendments or revisions, if any, to the City Charter. Each proposed amendment shall embrace but one subject and matter directly connected therewith. The City Commission may by resolution ordinance place such amendments or revisions as approved by the Charter Review Committee on the next regular general municipal election ballot. If a majority of the electors voting on the (Supp. No. 48) Page 1 of 2 Created: 2023-03-29 12:45:57 [EST] Agenda Item #1.A. 24 Apr 2024 Page 7 of 17 Page 9 of 40 ATTACHMENT A to 3-27-24 CRC Minutes amendments or revisions favor adoption, such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide. If the Charter Review Committee does not submit any proposed Charter amendments or revisions to the City Commission at least one -hundred and eighty (180) days prior to the regular general municipal election, the Charter Review Committee shall be automatically dissolved. Otherwise, upon acceptance, further amendment or rejection of the proposed amendments or revisions by the City Commission, the Charter Review Committee shall be automatically dissolved. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) (Supp. No. 48) Page 2 of 2 Created: 2023-03-29 12:45:59 [EST] Agenda Item #1.A. 24 Apr 2024 Page 8 of 17 Page 10 of 40 ATTACHMENT B to 3-27-24 CRC Minutes CHARTER REVIEW COMMITTEE RECOMMENDATIONS ARTICLE II. - THE COMMISSION Sec. 5. - Number of commissioners; selection; term. APRIL 26. 2023 meeting MOTION: Upon further review of the 2007 Representation Study Committee Report, I so move to continue district representation in Atlantic Beach as recommendation by the District Representation Committee, accepted by the City Commission, and approved by majority vote in the 2007 city-wide referendum that each commission member live in the district/precinct from which he or she runs and that the candidates be voted on citywide. The districts should be equal in population and to the degree possible should maintain the integrity of neighborhoods and communities of interest. Sec. 6. - Qualifications and disqualifications. May 24. 2023 AMENDED MOTION: To extend residency requirement from two years to four years REVISED 7/26/23 MEETING - MOTION: Shall be full time resident of the city for four years immediately prior to qualifying and shall be elector in the city for four years. Sec. 9. - Powers. (14) Provide for the protection and preservation of parks as follows: Any real property owned by the city which is used principally or held out for use as a public park, shall be used only as a public park; and parks shall not be sold, leased long term, gifted, changed in description or use, or otherwise disposed of; and no structure shall 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 unanimous vote of the entire city commission. June 28. 2023 MOTION: change wording for #14 of the powers "is approved by unanimous vote of the entire city commission." to "vote by referendum". February 28. 2024 MOTION: Add "(15) Exercise any authority permitted by law for the protection and preservation of beaches, marshes, maritime tree canopy, and property through environmental stewardship, resilience, an/ i e "nvhlity measure:." Sec. 10. -Appointment of city manager. The city commission shall appoint an administrative officer of the city, who shall have the title of city manager, who shall have the powers and perform the duties provided in this Charter and who shall be compensated at a rate set by the city commission. No member of the city commission shall receive such appointment during the term for which the person shall have been elected, nor within two years after the expiration of the person's term. In the event the City Manager is removed or incapacitated and unable to appoint a Agenda Item #1.A. 24 Apr 2024 Page 9 of 17 Page 11 of 40 ATTACHMENT B to 3-27-24 CRC Minutes substitute as required in Sec. [Section] 24 of this Charter, the city commission shall appoint someone to perform the duties of the city manager. July 26. 2023 AMENDED MOTION: The City Commission shall establish clear rules and processes through ordinance to appoint an administrative officer of the city December 18. 2023 MOTION: section 25 to say "not less than 75% of the voting commissioners" Sec. 12. - Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall elect, within fifteen (15) days of the vacancy, by the affirmative votes of not less than three members, an eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next primary or general election, as applicable. February 28. 2024 MOTION: Approve Option B (agenda pages 13-17) — election language consistent with Jacksonville Beach and Neptune Beach, to which there is a primary only if there are more than two candidates. Sec. 1'1. Induction of city commission into office; meetings of the city commission. After each general election, the newly elected city commissionia rV ll.:r»Lirio thc dutics of office at the regularly scheduled meeting of the city commission held on the second Monday in Novcmbcr provided that thc Supervisor of Elections has ccrtificd the cicction rnvltb, If thc cicction results for any contested city commiecion s at cannot bc ccrtificd prior to thc mccting to bc held on thc second Monday in Novcmbcr, thcn any newly cicctcd f"vh +u.. no thc dutics of officc at thc next rcgularly scheduled mccting of thc city commi,sion following rcccipt of thc ccrtificd election results from thc Supervisor of Elccana 'Jr) tho newly cicctcd city commissionari thc dutics of office, the previous sitting city c_•- io:iosxc ch11 r.-.ma'.n in office. ,^Jl. rogular meetings of the city commicciar 2b I bo fixed by ordinance, but thcrc shall not bc le -s ch rr c h. Evsc, ac th2 C.rnohno Law (F.S. 286.911)nl rsoctings of thc city commission shall bc open to the public. July 26. 2023 AMENDED MOTION: Remove thc second Monday and change to newly cicctcd city commi;rion assume thc dutics of thc officc at thc next rcgularly scheduled mccting of CC following rcccipt of ccrtificd cicction results anal to net have old and new together. Sec. 14. - Induction of city commission into office; meetings of the city commission. After each primary election or general election (as applicable), the newly elected city commissioners shall assume the duties of office at the regularly scheduled meeting of the city commission held on the second Monday in November provided that the Supervisor of Elections has certified the election results. If the election results for any contested city commission seat cannot be certified prior to the meeting to be held on the second Monday in November, then any newly elected city commissioners shall assume the duties of office at the next regularly scheduled meeting of the city commission following receipt of the certified election results from the Supervisor of Elections. Until the newly elected city Agenda Item #1.A. 24 Apr 2024 Page 10 of 17 Page 12 of 40 ATTACHMENT B to 3-27-24 CRC Minutes commissioners assume the duties of office, the previous sitting city commissioners shall remain in office. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city commission shall be open to the public February 28. 2024 MOTION: Approve Option B (agenda pages 13-17) — election language consistent with Jacksonville Beach and Neptune Beach, to which there is a primary only if there are more than two candidates. ARTICLE III. - THE CITY MANAGER Sec. 24. - Absence of the city manager. September 27, 2023 LANGUAGE TO BE PROVIDED BY CITY ATTORNEY at request of Vice Chair Suzanne S. Sec. 25. - Removal of the city manager. The city manager shall serve at the pleasure of the city commission. The city commission may remove the city manager by the affirmative vote of not less than three (3) of its members. September 27. 2023 MOTION: The city manager shall serve at the pleasure of the city commission. The city commission may remove the city manager for any or no reason by the affirmative vote of not less than four (4) of its members. December 18. 2023 MOTION: The city manager shall serve at the pleasure of the city commission. The city commission may remove the city manager for any or no reason by the affirmative vote of not less than 75% of the voting commissioners. February 28. 2024 MOTION: To rescind the previous recommended changes made to Sec. 25 and restore current language. ARTICLE IV. - THE CITY CLERK Sec. 28. -Appointment; duties. The city commission shall appoint an executive officer to serve the city commission and to assure that all its enactments are effectively carried out. The title of the executive officer shall be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to: (1) Establish and maintain a line of communication with the city manager; and (2) Prepare an agenda for every commission meeting and a permanent record of each such meeting; and Agenda Item #1.A. 24 Apr 2024 Page 11 of 17 Page 13 of 40 ATTACHMENT B to 3-27-24 CRC Minutes (3) Disseminate information as necessary about activities, findings, or decisions of the city commission; and (4) Provide the city commission with information as requested about programs of the city government; and (5) Serve as supervisor of election for city elections; and (6) Serve as custodian of all city records and the seal of the city; and (7) Administer oaths; and (8) Conduct such other activities as may be specified by this Charter, the city code or the city commission. October 25. 2023 MOTION: Change "Serve as supervisor of election for city elections" to "Serve as filing officer for city elections" ARTICLE IX. - ELECTIONS Sec. 41. - Elections: General. December 18. 2023 MOTION: amend sections 40 and 41 in accordance with language consistent with Neptune Beach and Jacksonville Beach after reviewed by attorney and sent to Jerry Holland for further clarification. February 28. 2024 MOTION: Approve Option B (agenda pages 13-17) — election language consistent with Jacksonville Beach and Neptune Beach, to which there is a primary only if there are more than two candidates. Sec. 36. - Election regulations. The city commission shall, by ordinance, make all regulations which it considers necessary, not inconsistent with this Charter or state law, for the conduct of municipal elections and for the prevention of fraud therein. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Sec. 37. - Nonpartisan elections. All elections for the office of commissioner and mayor -commissioner shall be conducted on a nonpartisan basis without any designation of political party affiliation. (Ord. No. 33-15-19, § 1(Exh. A), 5- 11-15) Sec. 38. - Electors; registration. Any person who is qualified to register to vote and is a resident of Atlantic Beach who has qualified as an elector of this state, and who registers in the manner prescribed by F.S. Chapter 98 and ordinances of Atlantic Beach, shall be a qualified elector of the municipality. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Sec. 39. - Nominations. Any elector of the city having the additional qualifications and limitations as set forth in Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only by petition. A petition for this purpose shall be signed by not less than twenty-five (25) qualified electors of the city. Agenda Item #1.A. 24 Apr 2024 Page 12 of 17 Page 14 of 40 ATTACHMENT B to 3-27-24 CRC Minutes The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the presence of the circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate whose residence is for the office of Commissioner, Seat No. to be voted for at the election to be held on the day of A.D., and we individually certify that our names appear on the rolls of registered voters, and that we are qualified to vote for a candidate for the city commission. Name, street, and number address from which last date of registered (if different) signing. (Spaces for signatures and required date) STATEMENT OF CIRCULATOR The undersigned is the circulator of the foregoing paper containing signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. SIGNATURE OF CIRCULATOR ADDRESS: Any signature made earlier than forty (40) days prior to the first day of qualifying shall be void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying period. The qualifying period will begin no later than noon on the 71st day (Monday) prior to the gcncra(primary election and will end at noon on the 67th day (Friday) prior the gcncra4 primary election, as set forth in Section 99.061(2). Florida Statutes. All other qualifying papers shall be filed as one instrument with the city clerk during the qualifying period. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form: "ACCEPTANCE OF NOMINATION I hereby accept the nomination for Seat No. on the city commission and agree to serve if elected. SIGNATURE OF CANDIDATE Within two days after the filing of a nominating petition, the city clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time Agenda Item #1.A. 24 Apr 2024 Page 13 of 17 Page 15 of 40 ATTACHMENT B to 3-27-24 CRC Minutes of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17) Sec. 40. - Elections: Primary. Thcrc ars r,c eiwisry elections for any s at on thc City Commission of the City of Atlantic B ach. When more than two (2) candidates are running for the same elective office, the primary election shall be held only for the municipal offices that have more than two candidates running for the same seat. Such primary election shall be set in accordance with Section 100.061, Florida Statutes for that year for each seat on the city commission which shall become vacant on the second Monday in November of the same year, or when the newly elected city commissioners assume the duties of office in accordance with Sec. 14 of this Charter. If at the primary election, a candidate receives a maioritv of all votes cast. he or she shall be declared elected of office and his or her name shall not be placed on the ballot in the general election. In the event that a candidate does not receive a maioritv of all the votes cast in the primary election, then the names of the candidates placing first and second shall be placed on the ballot in the general election. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17) Sec. 41. - Elections: General. Beginning with the year 2019 next election after adoption: A regular or general election of candidates or nominees to thc office of city wit: iii.Ar..cr shall be held every even numbered ycvr Via zcaac day as Florida's General Election When two (2) candidates are running for the same elective office. the general election shall be set according to Section 100.031. Florida Statutes for that year for each seat on the city commission which shall become vacant on the second Monday in November of the same year, or when the newly elected city commissioners assume the duties of office in accordance with Sec. 14 of this Charter. The candidate or nominee receiving the plufality maioritv of votes cast for each seat at such general election shall be declared elected. In the event of a tie between two candidates in the general election the candidates shall draw lots in accordance with Florida Statutes to determine the winner. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17) Sec. 42. - Elections: Absentee voting. E xcept as herein specifically provided all elections and absentee voting in the city shall be conducted in accordance with the provisions of F.S. Chapter 101. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Agenda Item #1.A. 24 Apr 2024 Page 14 of 17 Page 16 of 40 ATTACHMENT B to 3-27-24 CRC Minutes Sec. 43. - Elections: Canvassing board, duties. The City of Atlantic Beach delegates the election canvassing responsibilities for all city elections to the Duval County Canvassing Board. The Canvassing Board may meet in Atlantic Beach, or at a location as decided by the Duval County Canvassing Board in a building accessible to the public to publicly canvass the absentee electors' ballots and provisional ballots as provided for in Florida Statutes. Public notice of canvassing shall be given at least 48 hours in advance in a publication of general circulation in the City of Atlantic Beach. The canvass shall be made from the returns and certificates of the inspectors as signed and filed by them. The canvassing board shall submit to the Supervisor of Elections the preliminary returns by 11:59 pm on election night. See Chapters 101 and 102, Florida Statutes for a complete listing of Canvassing Board duties. After each city election, the Canvassing Board shall issue an official Certification of Election to the city clerk. The clerk shall provide a certificate of election to the candidates elected. Agenda Item #1.A. 24 Apr 2024 Page 15 of 17 Page 17 of 40 Agenda Item #1.A. 24 Apr 2024 Page 16 of 17 Page 18 of 40 Mayor, Seat 1 (Ford) Seat 2 (Bole) Seat 3 (Waters) Seat 4 (Kelly) Seat 5 (Ring) Seat 6 (at large) Seat 7 (at large) ATTACHMENT C to 3-27-24 CRC Minutes Upcoming 2 years 4 years Election beyond beyond ** ** ** ** ** ** ** ** ** ** ** FACT The majority of commissioners would still be elected every year PRO ** 1. The majority of commissioners would still be elected every year 2. Seats 2, 3, 4, and 5 would be elected by only those voters in those respective districts allowing for direct representation instead of some geographical residency requirement. 3. At large candidates would be elected citywide. 4. People wanting to run for office but not wanting to run against an incumbent doing a good job, would have the opportunity to run for an at large seat from anywhere in the city. 5. The potential for excessive provincialism with having four district elected commissioners would be somewhat offset by the mayor and two at large commissioners. 6. Would hopefully lead to more citizen participation. CON 1. Would be more expensive i.e. added salaries, etc. 2. May have difficulty getting candidates to fill all of the races. (possible impact of Form 6?) 3. Potentially confusing to the electorate 4. The larger the legislative body the more unwieldy it is. Agenda Item #1.A. 24 Apr 2024 Page 17 of 17 Page 19 of 40 Page 20 of 40 Agenda Item #3.A. 24 Apr 2024 April 19, 2024 To: Charter Review Committee Members From: Donna L. Bartle, City Clerk Re: Proposed Charter Amendments for Secs. 14, 40, and 41 Additional amendments to Sec. 14 (shown in yellow highlight below) was proposed at the March 27, 2024 CRC meeting and was deferred to the April 24, 2024 meeting in order to allow time for City Attorney Gabriel to review prior to the Committee taking action. Sec. 14. Induction of city commission into office; meetings of the city commission. After each primary election or general election (as applicable). the newly elected city commissioners shall assume the duties of office at the regularly scheduled meeting of the city commission held on the second Monday in November December provided that the Supervisor of Elections has certified the election results. If the election results for any contested city commission seat cannot be certified prior to the meeting to be held on the second Monday in NovemberDecember, then any newly elected city commissioners shall assume the duties of office at the next regularly scheduled meeting of the city commission following receipt of the certified election results from the Supervisor of Elections. Until the newly elected city commissioners assume the duties of office, the previous sitting city commissioners shall remain in office. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city commission shall be open to the public. I respectfully request that you also consider changing "November" to "December" in Secs. 40 and 41. Page 21 of 40 Page 22 of 40 Agenda Item #3.B. 24 Apr 2024 April 4, 2024 To: Charter Review Committee Members From: Donna L. Bartle, City Clerk Re: Proposed Charter Amendments Please consider the following amendments if the Committee decides to recommend changing the number of Commission seats (Sec. 5). Sec. 25. Removal of the city manager. The city manager shall serve at the pleasure of the city commission. The city commission may remove the city manager by the affirmative vote of not less than three (3)-a maioritv of its members. Sec. 30. Removal of the city clerk. The city clerk shall serve at the pleasure of the city commission. The city commission may remove the city clerk by the affirmative vote of not less than three (3) a majority of its members. Sec. 32. Powers and duties. The duties of the city attorney shall include: (1) Acting as the legal advisor to, and attorney and counselor for, the city and its officers in matters relating to their official duties; and (2) Preparing in writing, all contracts, bonds and other instruments in which the city is concerned and giving an endorsement of approval as to form and correctness; and Prosecuting and defending for and on behalf of the city, all civil complaints, suits and controversies in which the city is a party; and (4) Furnishing opinions on questions of law relating to the powers and duties of city officers; and Performing such other duties as may be required by ordinance or resolution of the city commission. (6) The city attorney shall serve at the pleasure of the city commission. The city commission may remove the city attorney by the affirmative vote of not less than three (3) a majority of its members. (3) (5) Page 1 of 1 Created: 2023-03-29 12:45:57 [EST] Page 23 of 40 Page 24 of 40 RESULTS FROM CRC MEMBER RANKINGS (11 out of 13 members submitted) 4/19/2024 AMD # Proposed Amendment/Motion Priority #1 ARTICLE II. - THE COMMISSION Sec. 5. - Number of commissioners; selection; term. Tied for Upon further review of the 2007 Representation Study Committee Report, I so move to continue district representation in Atlantic Beach 7111/8th as recommendation by the District Representation Committee, accepted by the City Commission, and approved by majority vote in the 2007 city-wide referendum that each commission member live in the district/precinct from which he or she runs and that the candidates be voted on citywide. The districts should be equal in population and to the degree possible should maintain the integrity of neighborhoods and communities of interest. #2 Sec. 5. - Number of commissioners; selection; term. 2nd Add two at large Commissioners and allow the 4 district seats (Seats 2, 3, 4, & 5) to be voted on only by those electors of that particular precinct (district). The Mayor and the other two commission seats would be at large. #3 Sec. 6. - Qualifications and disqualifications. 10th To extend residency requirement from two years to four years. #4 Sec. 6. - Qualifications and disqualifications. 6th Shall be full time resident of the city for four years immediately prior to qualifying and shall be elector in the city for four years. #5 Sec. 9. - Powers. (14) Provide for the protection and preservation of parks as follows: Any real 3rd property owned by the city which is used principally or held out for use as a public park, shall be used only as a public park; and parks shall not be sold, leased long term, gifted, changed in description or use, or otherwise disposed of; and no structure shall 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 unanimous vote of the entire city commission. Change wording for #14 of the powers "is approved by unanimous vote of the entire city commission." to "vote by referendum". #6 Sec. 9. - Powers. Agenda Item #3.D. 24 Apr 2024 Meeting Date April 26, 2023 March 26, 2024 May 24, 2023 July 26, 2023 June 28, 2023 Feb. 28, Prepared by Donna Bartle Page 1 of 7 Page 25 of 40 Tied for 7th/8th Add "(15) Exercise any authority permitted by law for the protection and preservation of beaches, marshes, maritime tree canopy, and property through environmental stewardship, resilience, and sustainabilittres." Agenda Item #3.D. 24 Apr 2024 2024 #7 Sec. 10. - Appointment of city manager. The city commission shall appoint an administrative officer of the city, who 5th shall have the title of city manager, who shall have the powers and perform the duties provided in this Charter and who shall be compensated at a rate set by the city commission. No member of the city commission shall receive such appointment during the term for which the person shall have been elected, nor within two years after the expiration of the person's term. In the event the July 26, City Manager is removed or incapacitated and unable to appoint a substitute 2023 as required in Sec. [Section] 24 of this Charter, the city commission shall appoint someone to perform the duties of the city manager. (Add language) The City Commission shall establish clear rules and processes through ordinance to appoint an administrative officer of the city... ##8 Sec. 25. - Removal of the city manager. The city managcNgerve at the pl sure of the city cons ociom The -city 11th Qom\N i ion may remove the city manager by the affirmative vote of not lest; than thrcc (3) of its mcmbcrs. September 27. 2023 MOTION: The city rte.=gor olall oorvc at the pl asurc of the city eomminc on. The city commioaon may remove the city manager for any or no rocx on by the affirmative vote of not less than four (4) of its members. December 18. 2023 MOTION: The city managor 3bo serve at tho phaaurc of thc city eor:Smoc on. The city cor: s oc�on may remove the city manager for any or no rocrJon by thc affirmative vote of not logo tbun 75% of the votinc eommioc oners. February 28. 2024 MOTION: To rescind the previous recommended changes made to Sec. 25 and restore current language. February 28, 2024 Prepared by Donna Bartle Page 2 of 7 Page 26 of 40 #9 ARTICLE IV. - THE CITY CLERK 9th #10 4th Sec. 28. - Appointment; duties. The city commission shall appoint an executive officer to serve the city commission and to assure that all its enactments are effectively carried out. The title of the executive officer shall be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to: (1) Establish and maintain a line of communication with the city manager; and (2) Prepare an agenda for every commission meeting and a permanent record of each such meeting; and (3) Disseminate information as necessary about activities, findings, or decisions of the city commission; and (4) Provide the city commission with information as requested about programs of the city government; and (5) Serve as supervisor of election for city elections filing officer for city elections; and (6) Serve as custodian of all city records and the seal of the city; and (7) Administer oaths; and (8) Conduct such other activities as may be specified by this Charter, the city code or the city commission. Change "Serve as supervisor of election for city elections" to "Serve as filing officer for city elections" Sec. 14. - Induction of city commission into office; meetings of the city commission. After each general election, the newly elected city commissioners shall assume the duties of office at the regularly scheduled meeting of the city commission held on the second Monday in November provided that the Supervisor of Elections has certified the election results. If the election results for any contested city commission seat cannot be certified prior to the meeting to be held on the second Monday in November, then any newly elected city commissioners shall assume the duties of office at the next regularly scheduled meeting of the city commission following receipt of the certified election results from the Supervisor of Elections. Until the newly elected city commissioners assume the duties of office, the previous sitting city commissioners shall remain in office. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government -in - the -Sunshine Law (FS. 286.011), all meetings of the city commission shall be open to the public. Remove the second Monday and change to newly elected city commission assume the duties of the office at the next regularly scheduled meeting of CC following receipt of certified election results and to not have old and new together. Agenda Item #3.D. 24 Apr 2024 Oct. 25, 2023 July 26, 2023 Prepared by Donna Bartle Page 3 of 7 Page 27 of 40 #11 PACKAGE OF AMENDMENTS RELATING TO ADDING PRIMARY ELECTIONS TO BE PRIORITIZED TOGETHER: 1st February 28. 2024 MOTION: Approve Option B (agenda pages 13-17) - election language consistent with Jacksonville Beach and Neptune Beach, to which there is a primary only if there are more than two candidates. Sec. 12. - Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall elect, within fifteen (15) days of the vacancy, by the affirmative votes of not less than three members, an eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next primary or general election, as applicable. Sec. 14. - Induction of city commission into office; meetings of the city commission. After each primary election or general election (as applicable), the newly elected city commissioners shall assume the duties of office at the regularly scheduled meeting of the city commission held on the second Monday in November provided that the Supervisor of Elections has certified the election results. If the election results for any contested city commission seat cannot be certified prior to the meeting to be held on the second Monday in November, then any newly elected city commissioners shall assume the duties of office at the next regularly scheduled meeting of the city commission following receipt of the certified election results from the Supervisor of Elections. Until the newly elected city commissioners assume the duties of office, the previous sitting city commissioners shall remain in office. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city commission shall be open to the public. Sec. 39. - Nominations. Any elector of the city having the additional qualifications and limitations as set forth in Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only by petition. A petition for this purpose shall be signed by not less than twenty-five (25) qualified electors of the city. The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the presence of the circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate Agenda Item #3.D. 24 Apr 2024 Feb. 28, 2024 and March 27, 2024 Prepared by Donna Bartle Page 4 of 7 Page 28 of 40 Agenda Item #3.D. 24 Apr 2024 whose residence is for the office of Commissioner, Seat No. to be voted for at the election to be held on the day of A.D., and we individually certify that our names appear on the rolls of registered voters, and that we are qualified to vote for a candidate for the city commission. Name, street, and number address from which last date of registered (if different) signing. (Spaces for signatures and required date) STATEMENT OF CIRCULATOR The undersigned is the circulator of the foregoing paper containing signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. SIGNATURE OF CIRCULATOR ADDRESS: " Any signature made earlier than forty (40) days prior to the first day of qualifying shall be void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying period. The qualifying period will begin no later than noon on the 71st day (Monday) prior to the general nrimary election and will end at noon on the 67th day (Friday) prior the general primary election, as set forth in Section 99.061(21. Florida Statutes. All other qualifying papers shall be filed as one instrument with the city clerk during the qualifying period. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form: "ACCEPTANCE OF NOMINATION I hereby accept the nomination for Seat No. on the city commission and agree to serve if elected. SIGNATURE OF CANDIDATE Within two days after the filing of a nominating petition, the city clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated. Sec. 40. - Elections: Primary. Thcrc arc no p 'may elections for any scat on the City €or&\- on of the City of Atlantic B ach. When more than two (2) candidates are running for the same elective office. the primary election shall be held only for the municipal offices that have more than two candidates running for the same seat. Such primary election shall be set in Prepared by Donna Bartle Page 5 of 7 Page 29 of 40 Agenda Item #3.D. 24 Apr 2024 accordance with Section 100.061. Florida Statutes for that year for each seat on the city commission which shall become vacant on the second Monday in November of the same year. or when the newly elected city commissioners assume the duties of office in accordance with Sec. 14 of this Charter. If at the primary election. a candidate receives a maioritv of all votes cast. he or she shall be declared elected of office and his or her name shall not be placed on the ballot in the general election. In the event that a candidate does not receive a maioritv of all the votes cast in the primary election. then the names of the candidates placing first and second shall be placed on the ballot in the general election. Sec. 41. - Elections: General. Beginning with the y ar 2019 next election after adoption: A regular or general election of candidates or nominees to thc office of city eonsoca c hc1 be held every evon nunmb�red year on thc same day as Florida's General Election When two f21 candidates are running for the same elective office. the general election shall be set according to Section 100.031. Florida Statutes for that year for each seat on the city commission which shall become vacant on the second Monday in November of the same year, or when the newly elected city commissioners assume the duties of office in accordance with Sec. 14 of this Charter. The candidate or nominee receiving the plurality maiority of votes cast for each seat at such general election shall be declared elected. In the event of a tie between two candidates in the general election the candidates shall draw lots in accordance with Florida Statutes to determine the winner. MARCH 27, 2024 MOTION: Accept proposed changes in Section 81 as presented. Sec. 81. - Periodic review A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of the City shall be appointed by the City Commission every eight (8) years to review the City Charter and propose any amendments or revisions, which may be advisable for placement on the regular general municipal election ballot. The City Commission shall appoint the Charter Review Committee in JL\s;ary February of the year immediately preceding the election with a definite and specific charge. The Charter Review Committee shall meet for the purpose of organization within thirty (30) days after the appointments have been made. The Charter Review Committee shall elect a chair and vice chair from among its membership. Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review Committee. All meetings shall be open to the public. No Charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. No later than one -hundred and eighty (180) days prior to the regular general municipal election, the Charter Review Committee shall deliver to the City Commission the proposed amendments or revisions, if any, to the Prepared by Donna Bartle Page 6 of 7 Page 30 of 40 Agenda Item #3.D. 24 Apr 2024 City Charter. Each proposed amendment shall embrace but one subject and matter directly connected therewith. The City Commission may by resolution ordinance place such amendments or revisions as approved by the Charter Review Committee on the next rcgular general municipal election ballot. If a majority of the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide. If the Charter Review Committee does not submit any proposed Charter amendments or revisions to the City Commission at least one-hundred and eighty (180) days prior to the rcgular general municipal election, the Charter Review Committee shall be automatically dissolved. Otherwise, upon acceptance, further amendment or rejection of the proposed amendments or revisions by the City Commission, the Charter Review Committee shall be automatically dissolved. Prepared by Donna Bartle Page 7 of 7 Page 31 of 40 Page 32 of 40 v as 0 w w 0 -h0 NAME R ANDREWS 4 BUCKLAND DRYSDALE 3 ELMORE 2 GULLIFORD GOLOMBEK HANSEN LAGNER REEVES SHAUGHNESSY SCOTT SWANN YOUNG 4 (TOTAL POINTS: PRIORITY ORDER: Results from Charter Review Committee's Priority Ranking Reflects Top 5 Rankings with 1 being most important AMENDMENT # P 2 R P 3 R P R 4 P R 5 P R 6 P R 7 P R 8 P R 9 P 10 R P 11 R P 2 2 4 3 3 5 1 1 5 * * * * * * * * * * * * * * * * * * * * * 3 2 4 5 1 4 2 1 5 4 1 5 3 3 5 1 4 2 2 4 5 1 3 3 4 2 1 5 2 4 4 2 5 1 3 3 1 5 5 1 4 2 3 3 2 4 1 5 * * * * * * * * * * * * * * * * * * * * * 2 4 3 3 4 2 5 1 1 5 1 5 3 3 4 2 5 1 2 4 1 5 5 1 2 4 4 2 3 3 5 1 4 2 3 3 2 4 1 5 2 3 3 5 1 2 4 1 5 11 25 6 12 16 11 14 3 10 15 42 7/8 2 10 6 3 7/8 5 11 9 4 1 Key Ranking (R) of 1 = 5 Points (P) Ranking (R) of 2 = 4 Points (P) Ranking (R) of 3 = 3 Points (P) Ranking (R) of 4 = 2 Points (P) Ranking (R) of 5 = 1 Point (P) * No ranking provided ** Tied score Prepared by Donna Bartle Page 34 of 40 Agenda Item #3.E. 24 Apr 2024 A REPORT BY THE 2024 CHARTER REVIEW COMMITTEE TO THE MAYOR AND CITY COMMISSION, CITY OF ATLANTIC BEACH, FLORIDA It has been a wonderful and rewarding experience for me to chair the Charter Review Committee. I have been especially honored to work with a great group of residents who have given significant time, thought and energy to the process as committee members. I especially want to recognize Jen Lagner who as Secretary, put in more time than any of us in this effort. I also want to sincerely thank Donna Bartle for her time, diligence and hard work as a fantastic city clerk supporting this endeavor. We are presenting you with a work project of suggested amendments to the Atlantic Beach Charter. It is honed from hours of study, discussion and debate, often with passion but always with civility. During the process we allowed any residents who wished to speak on any topic an open and free opportunity to do so. There were a number of proposals that did not reach an affirmative vote by the majority and that was healthy. A significant number of them did find majority support and that is what you have in this report. We also thought it prudent to rank the top five of them by order of importance. We did so by having each member pick their top five in order of importance and then we combined them to calculate the order of importance or priority by the entire committee. That compilation and calculation of the priority ranking was done by Donna Bartle. You, the commission, can see what we deemed as a body to be the most important for ballot consideration. Another issue which the commission thought might be addressed through ordinance by reviewing and changing as needed, is district boundaries. Page 35 of 40 Agenda Item #3.E. 24 Apr 2024 While populations in the districts (precincts) are pretty static, at present it appears there is no established process for review. Many cities review and change as necessary every ten years after the census. The committee thought that the commission might consider establishing a formal process by ordinance. One of the #7 Proposals (two were tied for #7) sort of addressed this issue. Also, I believe some members of the committee think the process to name people to future charter review committees might be better defined, not in the Charter but possibly a simple, brief ordinance that better defines the Commission's process. We are suggesting that after you have had an opportunity to review our findings, we hold a workshop meeting with both the commission and the committee for comments and questions. We believe that would be an important and beneficial closure to the work we have done. Sincerely, William Gulliford, Chairman April 24, 2024 #1 PROPOSAL The city should return to a primary system of electing the mayor and commissioners. Page 36 of 40 Agenda Item #3.E. 24 Apr 2024 It was obvious that most members of the committee did not like the idea that people could be elected to office with less than a majority of the vote. The change would allow that if there were three or more candidates for a seat, then there would be a primary election that would move the top two vote getters to the general election thereby making certain that the individual elected in the general election would be elected by a majority vote. This method is consistent with most jurisdictions in the State of Florida and was the earlier method in Atlantic Beach elections until it was changed not so long ago. #2 PROPOSAL The City should expand the size of the Commission to seven with two at large seats elected citywide and each district (precinct) seat to be elected only by the voters in that specific district (precinct). There has been criticism of the current system that only has a geographical residency requirement for district seats but still the vote is citywide. Certainly, that is not true district representation. This would allow the people in each district to elect their representative. Adding two at large seats, which would be elected by all the voters in the city, would allow candidates from anywhere in the City to run for those seats. Having citywide seats should enhance focus on citywide issues and balance the potential provincial focus by district commissioners. The terms of the at large commissioners would be staggered still allowing for a majority on the commission being elected every two years. This could also encourage more people to run for office with citywide offices available for any legitimate candidate to run. #3 PROPOSAL The restriction on the Commission is strengthened in the event the Commission wishes to sell or otherwise dispose of park property. It further requires that in addition to a unanimous vote of the Commission to dispose of such property, it requires that if there is a unanimous vote by the Commission, a referendum to allow the citizens to vote on the said disposal shall be placed on the ballot. Page 37 of 40 Agenda Item #3.E. 24 Apr 2024 #4 PROPOSAL Remove the second Monday in November as the date newly elected commissioner assume office and add that newly elected city commissioners assume the duties of the office at the next regularly scheduled meeting of the City Commission following receipt of certified election results. Additionally, end the practice of having both the old and new members of the Commission meet at that meeting. Because of the reality of timing of the certification by the Supervisor of Elections office, there are times that the November date cannot be met. This allows the swearing-in to be immediate at the next meeting after certification which can be in December. Also, the practice of having the old and new commissioners meet separately at that meeting is a tradition and not the norm with other elections throughout the State. It is certainly not necessary, and Atlantic Beach is probably the only city in Florida where that is practiced. #5 PROPOSAL The City Commission shall establish clear rules and processes through ordinance to appoint an administrative officer of the City... The Committee thought that instead of us establishing a suggested procedure and process in the Charter it would be better to have the Commission be required to adopt and maintain an ordinance that would provide for clear rules to appoint a city manager. It was obvious to the committee that this was needed and absent in either ordinance or Charter. By simply requiring an ordinance to establish rules, once in place, it would allow the Commission to modify and amend it as needed. Page 38 of 40 Agenda Item #3.E. 24 Apr 2024 #6 through #11 PROPOSALS #6 PROPOSAL Requires a candidate for office to live in Atlantic Beach and be an elector and resident for four years prior to qualifying for office. This expanded #10 Proposal which was voted on several months earlier. #7 PROPOSALS (two were tied) One proposal talks about the district representation established in 2007 and a desire for the districts to be populated as equally as possible and represent integrity of neighborhoods and communities of interest. Considering Proposal #2, and a suggestion that the Commission might pass an ordinance that would allow for a process every ten years at the census to balance district populations, this proposal might be irrelevant. The second Proposal #7 related to environmental stewardship. This proposal was offered twice. The first time it was defeated. After some modification, the second time it passed. The main opposition was not to content, which is important, but whether or not such a statement should be contained in the Charter and is it redundant. #9 PROPOSAL This would change the city clerk serving as supervisor of elections for City elections to the elected supervisor of elections assuming that responsibility. This is a corrective action suggested by the city clerk and she can further explain. #10 PROPOSAL This would extend residency requirements from two years to four years. Since it was passed two months prior to Proposal #6 and Proposal 6 is more detailed on the same topic, one would think Proposal #6 would replace it if this topic was placed on the ballot. Page 39 of 40 Agenda Item #3.E. 24 Apr 2024 #11 PROPOSAL This proposal struck down the three earlier motions that passed regarding the removal of the city manager and leaves the current language in the Charter in place. There were some issues that we didn't act on or didn't pass when we did, that we believe should be considered by this commission. For instance, the issue of requiring the city manager to live in Atlantic Beach was a topic hotly debated. While we did not take action, we think the Commission might deliberate on that topic, particularly in light of the cost of residential property in Atlantic Beach. The debate boiled down to considerations of proximity and community. Another topic was commissioner pay. Many committee members felt it was too low and possibly there should be some provision in Code or Charter to raise it when appropriate. The committee debated adding a provision to the Charter but in the end decided to simply make the Commission aware that we think it should be addressed, perhaps by ordinance. A limited, comparative view of council/commission pay in other cities tends to indicate our commissioners are under paid. For instance, Palatka which is 3000 residents smaller than Atlantic Beach, pays their council members $23,800. Perhaps a starting point would be an independent review of comparable salaries and legislative methods used by other cities to maintain reasonable and comparable pay. Page 40 of 40