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12-18-23 Charter Review Committee - AgendaCity of Atlantic Beach Agenda Charter Review Committee Meeting Monday, December 18, 2023 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road, Atlantic Beach, FL 32233 Page(s) CALL TO ORDER AND ROLL CALL 1. APPROVAL OF MINUTES 1.A. Approve minutes of the November 29, 2023 Charter Review Committee meeting. 11-29-23 CRC Draft Minutes 3-6 2. PRESENTATION 2.A. Presentation by Jerry Holland, Supervisor of Elections, Duval County, Florida 3. PUBLIC COMMENT 4. MISCELLANEOUS BUSINESS 4.A. ARTICLE III. - THE CITY MANAGER; ARTICLE IX. — ELECTIONS - Sec. 36. - Election regulations.; Sec. 37. - Nonpartisan elections.; Sec. 38. - Electors; registration.; Sec. 39. - Nominations.; Sec. 40. - Elections: Primary.; Sec. 41. - Elections: General. Sec. 42. - Elections: Absentee voting.; Sec. 43. - Elections: Canvassing board, duties.; and other sections of the charter. Summary of CRC Recommendations - Condensed Draft 12-7-23 4.B. January Meeting Topics 4.C. January Meeting City Staff Attendance 7-11 5. 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 11 Page 2 of 11 Agenda Item #1.A. 18 Dec 2023 Present: MINUTES Charter Review Committee Meeting Wednesday, November 29, 2023 - 6:00 PM Commission Chamber William "Bill" Gulliford, Chair Suzanne Shaughnessy, Vice Chair Jennifer Lagner, Secretary Bruce Andrews, Member Debbie Buckland, Member Kelly Elmore, Member Ellen Golombek, Member Mitchell Reeves, Member Dawn Scott, Member Steve Swann, Member Donald Young, Member Absent: Charles "Chip" Drysdale, Member Kirk Hansen, Member Also Present: Donna Bartle, City Clerk (CC) Scott Thomas, City Attorney (CA) 1. CALL TO ORDER AND ROLL CALL Chair Gulliford called the meeting to order at 6:00 p.m. City Clerk Bartle called the roll. A. New Secretary Member Lagner agreed to remain as Secretary. 2. APPROVAL OF MINUTES A. Approve minutes of the October 25, 2023 Charter Review Committee meeting. MOTION: Approve minutes of the October 25, 2023 Charter Review Committee meeting. Motion: Steve Swann Second: Kelly Elmore There was no discussion. William "Bill" Gulliford For Suzanne Shaughnessy For Jennifer Lagner For Bruce Andrews For Debbie Buckland For Charter Review Committee November 29, 2023 Page 1 of 4 Page 3 of 11 Agenda Item #1.A. 18 Dec 2023 Kelly Elmore (Seconded By) For Ellen Golombek For Mitchell Reeves For Dawn Scott For Steve Swann (Moved By) For Donald Young For Motion passed 11 to 0. 3. PUBLIC COMMENT Don Wolfson, Atlantic Beach: Commented on elections and recommended the CRC not make a motion regarding elections until after Jerry Holland comes to speak with the CRC. Ellen Glasser, Atlantic Beach: commented on the importance of public records and adding to the Charter; positive having elections timed with the general election. Sarah Boren, Atlantic Beach: presented a proposed motion that was voted on and approved by the ESC. Recommended the CRC look at AI to take minutes. Carolyn Zisser, Atlantic Beach: requested the CRC wait until Member Drysdale can make the motion he emailed the City Clerk to present to the CRC. 4. MISCELLANEOUS BUSINESS A. Summary of CRC Actions Chair Gulliford reminded the CRC of the upcoming meetings and to review the motion summary and the summary of proposed changes that were included in the agenda. Secretary Lagner explained the summary of proposed charter amendments. Chair Gulliford reviewed the two motions presented by CRC members Hansen and Drysdale, who were not able to be in attendance. B. ARTICLE III. - THE CITY MANAGER Sec. 24. - Absence of the city manager; MOTION: To defer proposed motion emailed by Chip Drysdale to the December 2023 CRC meeting and members agree to stay past time if necessary to discuss. Motion: Suzanne Shaughnessy Second: Ellen Golombek After clarification of the two recommendations presented by absent CRC members, the motion was withdrawn to further clarify the motion. Motion Withdrawn Charter Review Committee November 29, 2023 Page 2 of 4 Page 4 of 11 Agenda Item #1.A. 18 Dec 2023 MOTION: To defer the review of city manager section until the December meeting. Motion: Suzanne Shaughnessy Second: Debbie Buckland The motion was approved by consensus. Sec. 27. - Governance of departments; Deferred to December meeting. ARTICLE IV. - THE CITY CLERK ; Sec. 28. - Appointment; duties. MOTION: The City Clerk should be responsible to employ persons qualified in accordance with city personnel practices for department. Motion: Suzanne Shaughnessy Second: Debbie Buckland William "Bill" Gulliford For Suzanne Shaughnessy (Moved By) For Jennifer Lagner For Bruce Andrews Against Debbie Buckland (Seconded By) Against Kelly Elmore For Ellen Golombek Against Mitchell Reeves For Dawn Scott Against Steve Swann Against Donald Young Against Motion failed 5 to 6. Sec. 29. - Qualifications.; NO CHANGES Sec. 30. - Removal of the city clerk; NO CHANGES ARTICLE V. - CITY ATTORNEY Sec. 31. - Appointment and qualifications.; Sec. 32. - Powers and duties; NO CHANGES Charter Review Committee November 29, 2023 Page 3 of 4 Page 5 of 11 Agenda Item #1.A. 18 Dec 2023 ARTICLE VI. - DEPARTMENT OF PUBLIC SAFETY Sec. 33. - Appointments and responsibilities; NO CHANGES ARTICLE VII. — BUDGET Sec. 34. - Preparation and adoption; NO CHANGES ARTICLE VIII. - DEPARTMENT OF FINANCE Sec. 35. - Director of finance; and other sections of the Charter. NO CHANGES ARTICLE IX. — ELECTIONS - Sec. 36. - Election regulations.; Sec. 37. - Nonpartisan elections.; Sec. 38. - Electors; registration.; Sec. 39. - Nominations.; Sec. 40. - Elections: Primary.; Sec. 41. - Elections: General. Sec. 42. - Elections: Absentee voting.; Sec. 43. - Elections: Canvassing board, duties. ARTICLE IX in its entirety deferred to December 2023 CRC meeting when Jerry Holland, Supervisor of Elections, Duval County, Florida speaks to the CRC. C. December Meeting Topics • Presentation by Jerry Holland, Supervisor of Elections, Duval County, Florida • ARTICLE III. - THE CITY MANAGER • ARTICLE IX. — ELECTIONS - Sec. 36. - Election regulations. • Sec. 37. - Nonpartisan elections. • Sec. 38. - Electors; registration. • Sec. 39. - Nominations. • Sec. 40. - Elections: Primary. • Sec. 41. - Elections: General. • Sec. 42. - Elections: Absentee voting. • Sec. 43. - Elections: Canvassing board, duties. • D. December Meeting City Staff Attendance City Clerk and City Attorney 5. ADJOURNMENT There being no further discussion, Chair Gulliford declared the meeting adjourned at 8:00 p.m. Attest: Jennifer Lagner, Secretary William Gulliford, Chair Date Approved: Charter Review Committee November 29, 2023 Page 4 of 4 Page 6 of 11 Agenda Item #4.A. 18 Dec 2023 As of 12/7/23 SUMMARY OF RECOMMENDATIONS REGARDING CHARTER REVIEW — CONDENSED DRAFT 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. Mav 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". 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 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 1 Page 7 of 11 Agenda Item #4.A. 18 Dec 2023 As of 12/7/23 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 (F.S. 286.011), all meetings of the city commission shall be open to the public. July 26, 2023 AMENDED MOTION: 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. 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. 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 2 Page 8 of 11 Agenda Item #4.A. 18 Dec 2023 As of 12/7/23 (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. 36. - Election regulations. Sec. 37. - Nonpartisan elections. Sec. 38. - Electors; registration. Sec. 39. - Nominations. Sec. 40. - Elections: Primary. Sec. 41. - Elections: General. Sec. 42. - Elections: Absentee voting. Sec. 43. - Elections: Canvassing board, duties. ARTICLE X. - INITIATIVE AND REFERENDUM Sec. 44. - Power of initiative. Sec. 45. - Power of referendum. Sec. 46. - Form of petitions; committee of petitioners. Sec. 47. - Filing, examination and certification of petitions. Sec. 48. - Amendment of petitions. Sec. 49. - Effect of certification of referendum petition. Sec. 50. - Consideration by city commission. Sec. 51. - Submission to electors. Sec. 52. - Form of ballot for initiated and referred ordinances. Sec. 53. - Availability of list of qualified electors. 3 Page 9 of 11 Sec. 54. - Results of election. Sec. 55. - Reserved. ARTICLE XI. - RECALL ELECTIONS Sec. 56. - Procedures. ARTICLE XII. - FRANCHISES Sec. 57. - Granting of franchises. ARTICLE XIII. - TAX ADMINISTRATION Sec. 58. - Tax administration. ARTICLE XIV. - ZONING Sec. 59. - Zoning, land development regulations and maximum building height. ARTICLE XV. - MUNICIPAL BORROWING Sec. 60. - Authority to borrow. ARTICLE XVI. - SUITS AGAINST THE CITY Sec. 61. - Suits. ARTICLE XVII. - GENERAL AND MISCELLANEOUS PROVISIONS Sec. 62. - Removal of officers and employees. Sec. 63. - Removal of members of boards, commissions, or agencies. Sec. 64. - Investigations. Sec. 65. - Publicity of records. Sec. 66. - Personal interest. Sec. 67. - Official bonds. Sec. 68. - Oath of office. Sec. 69. - Effect of this charter on existing law. Sec. 70. - Rights of officers and employees preserved. Sec. 71. - Continuance of present officers. Sec. 72. - Continuity of offices, boards, commissions or agencies. Sec. 73. - Transfer of records and property. Sec. 74. - Title to property reserved. Sec. 75. - Continuance of contracts and public improvements. 4 Agenda Item #4.A. 18 Dec 2023 As of 12/7/23 Page 10 of 11 Sec. 76. - Pending actions and proceedings. Sec. 77. - Short title. Sec. 78. - Severability clause. ARTICLE XVIII. - WHEN ACT TAKES EFFECT AND PERIODIC REVIEW Sec. 79. - Effective date of Act. Sec. 80. - Effect of changes in state law. Sec. 81. - Periodic review 5 Agenda Item #4.A. 18 Dec 2023 As of 12/7/23 Page 11 of 11