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3-27-24 CRC Adopted Minutes.S y,,,,. MINUTES Charter Review Committee Meeting r Wednesday, March 27, 2024 - 6:00 PM Commission Chamber, City Hall 800 Seminole Road, Atlantic Beach, FL 32233 Present: 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 Absent: Bruce Andrews, Member Kelly Elmore, Member Ellen Golombek, Member Kirk Hansen, Member Also Present: 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 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 H. - 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 For Suzanne Shaughnessy For Jennifer Lagner (Seconded By) For Debbie Buckland For Charles "Chip" Drysdale For Mitchell Reeves (Moved By) For Dawn Scott For Steve Swann For Donald Young For Motion passed 9 to 0. 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 upon approval from the Commission, may live within 15 miles of City Hall as the crow flies. Motion: Jennifer Lagner Second: Mitchell Reeves Charter Review Committee March 27, 2024 General discussion ensued about the CM living within the city limits. 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 Q. 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 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) For Suzanne Shaughnessy For Jennifer Lagner (Seconded By) For Debbie Buckland For Charles "Chip" Drysdale For Mitchell Reeves For Dawn Scott For Steve Swann For Donald Young For Motion passed 9 to 0. The Committee took a recess from 7:30 p.m. to 7:40 p.m. 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 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: Date Approved: V I /Zd24 Charter Review Committee March 27, 2024 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 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 NevembeFDecember.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 NevernbefDecember, 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 daRuafy-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 regulate 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 reselution ordinance place such amendments or revisions as approved by the Charter Review Committee on the next fegu4af-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 [E57] 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 regulaF 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] 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, Fzs+liea^e, and c Sta;Rability ..,oris. „ 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 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. 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 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 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. 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 generalrip mary election and will end at noon on the 67th day (Friday) prior the generalrip mary 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 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. Beaeh. 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 maiority 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 maiority 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 next election after adoption: 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 PIUFality 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. (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) 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. Mayor, Seat 1 (Ford) Seat 2 (Bole) Seat 3 (Waters) Seat 4 (Kelly) Seat 5 (Ring) Seat 6 (at large) Seat 7 (at large) FACT ATTACHMENT C to 3-27-24 CRC Minutes Upcoming 2 years 4 years Election beyond beyond EX3 The majority of commissioners would still be elected every year 7:% 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. S. 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.