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10-25-23 Charter Review Committee - AgendaCity of Atlantic Beach Agenda Charter Review Committee Meeting Wednesday, October 25, 2023 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) CALL TO ORDER AND ROLL CALL 1. APPROVAL OF MINUTES 1.A. Approve minutes of the September 27, 2023, Charter Review Committee meeting. 09-27-23 Charter Review Committee - 27 Sep 2023 - Draft Minutes 3-7 2. PUBLIC COMMENT 3. MISCELLANEOUS BUSINESS 3.A. ARTICLE III. - THE CITY MANAGER Sec. 24. - Absence of the city manager; Sec. 27. - Governance of departments; ARTICLE IV. - THE CITY CLERK Sec. 28. - Appointment; duties.; Sec. 29. - Qualifications.; Sec. 30. - Removal of the city clerk; ARTICLE V. - CITY ATTORNEY Sec. 31. - Appointment and qualifications.; Sec. 32. - Powers and duties; ARTICLE VI. - DEPARTMENT OF PUBLIC SAFETY Sec. 33. - Appointments and responsibilities; ARTICLE VII. — BUDGET Sec. 34. - Preparation and adoption; ARTICLE VIII. - DEPARTMENT OF FINANCE Sec. 35. - Director of finance; and other sections of the Charter 3.B. November Meeting Topics 3.C. November Meeting City Staff Attendance 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. 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) 200-9790 at least three business days prior to the meeting. . Page 1 of 7 Page 2 of 7 Present: Absent: Also Present: MINUTES Charter Review Committee Meeting Wednesday, September 27, 2023 - 6:00 PM Commission Chamber Suzanne Shaughnessy, Vice Chair Jennifer Lagner, Secretary Debbie Buckland, Member Charles "Chip" Drysdale, Member Kelly Elmore, Member Ellen Golombek, Member Kirk Hansen, Member Donald Young, Member William "Bill" Gulliford, Chair Bruce Andrews, Member Mitchell Reeves, Member Dawn Scott, Member Steve Swann, Member Donna Bartle, City Clerk (CC) Jason Gabriel, City Attorney (CA) William B. Killingsworth, City Manager (CM) Agenda Item #1.A. 25 Oct 2023 CALL TO ORDER AND ROLL CALL Vice Chair Shaughnessy called the meeting to order at 6:00 p.m. Secretary Lagner called the roll. 1. APPROVAL OF MINUTES A. Approve minutes of the June 28, 2023 and July 26, 2023 Charter Review Committee meetings. With no changes, the June 28, 2023, Charter Review Committee meeting minutes were approved as submitted. With no changes, the July 26, 2023, Charter Review Committee meeting minutes were approved as submitted. 2. PUBLIC COMMENT Jackie Beckenbach Atlantic Beach supports city manager residency required in that there is stakeholder engagement, more accessibility, interaction with residents, cultural understanding / social fabric, and accountability. In the absence of the city manager, the role of assistant city manager should step in, and City should not look for interim; recommend put into the Charter. Charter Review Committee September 27, 2023 Page 1 of 5 Page 3 of 7 Agenda Item #1.A. 25 Oct 2023 Vice Chair Shaughnessy introduced City Manager Bill Killingsworth. CM Killingsworth shared his excitement to be a part of Atlantic Beach. In response to comments regarding city manager residency requirement, it is a cost versus quality of life, and this is a policy decision the CRC will debate. He was amenable to moving to Atlantic Beach but shared he didn't apply until salary got increased. It played into his decision to apply for and pursue the position. Dr. Nancy Staats Atlantic Beach was supportive with comments made by Jackie Beckenbach. The salary can be affordable but if a major issue, the city could consider a housing allowance. It is a nice idea to have a succession plan for absence of city manager. She is supportive of the sale of any park land or parklike having to go to referendum. Finally, suggested wording should be added to the charter regarding resiliency. Ellen Glasser Atlantic Beach shared she is representing a group of people, is the Co -Chair of Atlantic Beach Preservation. She recommends amendment to the Charter to be reviewed to include environmental stewardship, resiliency and sustainability, and protection of the tree canopy. Ms. Glasser suggested various locations to add to the Charter. Asked that the sale of real property used as parks or parklike owned by City be approved unanimously by Commission and send to the voters. Sarah Boren Atlantic Beach Vice Chair ESC shared COAB ESC plans to formally recommend a motion to adopt and insert environmental stewardship including protection of tree canopy, resilience, and sustainability. Shared Steve Swann was speaking about stormwater as part of Salon Series on October 5th from 6-8 p.m. Carolyn Zisser Atlantic Beach concurs with Dr. Nancy Staats and Jackie Beckenbach but suggested adding in Section 22 what Interim City Manager Joe Gerrity stated as what are important issues and his comments on residency requirement. The most important is resiliency and stormwater. This is tied to residency requirement because you must live here when it is storming to see the community needs. She is supportive of residency requirement. Regarding Section 24, she suggested that the language regarding the temporary absence or disability be changed to provide for duties during any temporary or permanent absence or disability, death, firing, and resignation, explaining it is necessary for succession planning and continuity. Susanne Barker Atlantic Beach welcomed new CM Killingsworth. As Co -Chair of Atlantic Beach Preservation, she referenced Glasser e-mail and introduced the members of Atlantic Beach Preservation. She explained Atlantic Beach Preservation and how it started as community driven when flooding of Aquatic Gardens. Supports street calming in Mayport, adding resiliency into Charter, and to have voting on parks go to Commission then voter referendum. Stephen Fouraker Atlantic Beach concurs with prior comments. He welcomed CM Killingsworth. Would like the CRC to look at the process regarding Sunshine and would like for CRC to figure out how not to be or should be lobbied by Commissioners for issues undertaking. Think should be part of CRC rules since the Commission appointed them. 3. MISCELLANEOUS BUSINESS A. ARTICLE II. - THE COMMISSION Sec. 20. - Attendance of city manager and other officers in city commission; ARTICLE III. - THE CITY MANAGER Sec. 21. Charter Review Committee September 27, 2023 Page 2 of 5 Page 4 of 7 Agenda Item #1.A. 25 Oct 2023 — Appointment; Sec. 22. — Qualifications; Sec. 23. - Powers and duties; Sec. 24. - Absence of the city manager; Sec. 25. - Removal of the city manager; and other sections of the Charter. CA Gabriel was requested to investigate the referendum and the house bill and land use issues versus property disposition issues. He was also asked to investigate if a charter provision can be changed by referendum. Discussion ARTICLE II. - THE COMMISSION Sec. 20. - Attendance of city manager and other officers in city commission. No changes to Section 20 Discussion ARTICLE III. - THE CITY MANAGER Sec. 21. — Appointment. No changes to Section 21 Discussion Sec. 22. — Qualifications No changes to Section 22 Discussion Sec. 23. - Powers and duties No changes to Section 23 Discussion Sec. 24. - Absence of the city manager General discussion regarding clarification of absence of city manager and needing to further define it better and duties of the deputy city manager. Vice Chair Shaughnessy asked CA Gabriel to recommend language; CA Gabriel agreed but acknowledged others may feel differently and would bring back recommended language at a future meeting. Discussion Sec. 25. - Removal of the city manager General discussion regarding the majority or super majority for removal of the city manager. Charter Review Committee September 27, 2023 Page 3 of 5 Page 5 of 7 Agenda Item #1.A. 25 Oct 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. Motion: Debbie Buckland Second: Ellen Golombek Suzanne Shaughnessy Against Jennifer Lagner For Debbie Buckland (Moved By) For Charles "Chip" Drysdale For Kelly Elmore For Ellen Golombek (Seconded By) For Kirk Hansen For Donald Young For Motion passed 7 to 1. Discussion Sec. 26 City Departments No changes to Section 26 Discussion Sec. 27 Governance of departments General discussion ensued inquiring if the city had personnel practices. The CRC opted to table the discussion until the October meeting in order to better understand what "personnel practices" are. The CRC requested City Human Resources Director Cathy Varian attend to explain the city personnel practices including but not limited to personnel manual, policies, and rules. D. November and December meeting schedule Due to the holidays, the CRC meeting schedule has to be adjusted. The two suggested dates, 11/29/2023 and 12/18/2023 would be confirmed via email and confirmed at the October 25, 2023, meeting. C. October Meeting City Staff Attendance City Human Resources Director Cathy Varian, CA Gabriel and CC Bartle to be in attendance for October 25, 2023, meeting. B. October Meeting Topics ARTICLE III. - THE CITY MANAGER Sec. 24. - Absence of the city manager.; Sec. 27. - Governance of departments. Charter Review Committee September 27, 2023 Page 4 of 5 Page 6 of 7 Agenda Item #1.A. 25 Oct 2023 ARTICLE IV. - THE CITY CLERK Sec. 28. - Appointment; duties; Sec. 29. - Qualifications.; Sec. 30. - Removal of the city clerk. ARTICLE V. - CITY ATTORNEY Sec. 31. - Appointment and qualifications.; Sec. 32. - Powers and duties. ARTICLE VI. - DEPARTMENT OF PUBLIC SAFETY Sec. 33. - Appointments and responsibilities. ARTICLE VII. — BUDGET Sec. 34. - Preparation and adoption. ARTICLE VIII. - DEPARTMENT OF FINANCE Sec. 35. - Director of finance. 4. ADJOURNMENT There being no further discussion, Vice Chair Shaughnessy declared the meeting adjourned at 7:18 p.m. Attest: Jennifer Lagner, Secretary William Gulliford, Chair Date Approved: Charter Review Committee September 27, 2023 Page 5 of 5 Page 7 of 7