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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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Agenda Item #4.A.
18 Dec 2023
As of 12/7/23
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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
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Agenda Item #4.A.
18 Dec 2023
As of 12/7/23
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