01-24-24 Charter Review Committee - AgendaCity of Atlantic Beach
Agenda
Charter Review Committee Meeting
Wednesday, January 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 December 18, 2023 Charter Review Committee 3 - 8
meeting.
12-18-23 Charter Review Committee Draft Minutes
2. PUBLIC COMMENT
3. MISCELLANEOUS BUSINESS
3.A. ARTICLE IX. - ELECTIONS - 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.; 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.; Sec. 76. - Pending actions
Page 1 of 17
Charter Review Committee - 24 Jan 2024
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;
and other sections of the charter.
3.B. Environmental Stewardship Committee's Recommendation (Bruce Andrews) 9 - 10
Motion requested by ESC
3.C. Future Meetings
• Schedule (previously set as Feb. 28, Mar. 27, and Apr. 24 at 6 p.m.)
• Review of deliverable dates
• Topics for next meeting
• City staff attendance
CRC timeline for Referendum in 2024
AB Charter Sec. 81
Summary of CRC Recommendations - Condensed Draft
4. ADJOURNMENT
11 - 17
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) 247-5809 at least three business days prior to the
meeting.
Page 2 of 17
Agenda Item #1.A.
24 Jan 2024
Present:
MINUTES
Charter Review Committee Meeting
Monday, December 18, 2023 - 6:00 PM
Commission Chamber
800 Seminole Road, FL 32233
William "Bill" Gulliford, Chair
Suzanne Shaughnessy, Vice Chair
Jennifer Lagner, Secretary
Debbie Buckland, Member
Charles "Chip" Drysdale, Member
Ellen Golombek, Member
Kirk Hansen, Member
Mitchell Reeves, Member
Dawn Scott, Member
Steve Swann, Member
Donald Young, Member
Absent: Bruce Andrews, Member
Kelly Elmore, Member
Also Present:
Donna Bartle, City Clerk (CC)
Rob Graham, City Attorney (CA)
Jerry Holland, Supervisor of Elections Duval County, Florida
CALL TO ORDER AND ROLL CALL
Chair Gulliford called the meeting to order at 6:00 p.m. Secretary Lagner called the roll.
1. APPROVAL OF MINUTES
A. Approve minutes of the November 29, 2023 Charter Review Committee meeting.
MOTION: Approve minutes of the November 29, 2023 Charter Review Committee meeting.
Motion: Mitchell Reeves
Second: Ellen Golombek
William "Bill" Gulliford For
Suzanne Shaughnessy For
Jennifer Lagner For
Charles "Chip" Drysdale For
Ellen Golombek (Seconded By) For
Kirk Hansen For
Mitchell Reeves (Moved By) For
Dawn Scott For
Charter Review Committee
December 18, 2023
Page 1 of 6
Page 3 of 17
Agenda Item #1.A.
24 Jan 2024
Stere Swann
Donald Young
For
For
Motion passed 10 to 0.
Member Debbie Buckland arrived at 6:10 p.ni. and was not available to vote on notion.
2. PRESENTATION
A. Presentation by Jerry Holland, Supervisor of Elections, Duval County, Florida
Mr. Holland provided a brief overview of the election process Jacksonville Beach and Neptune
Beach follow. He stated, simply put, if there are more than two candidates, they run in August
with the hope to get to two for the November election. The August election is not a partisan
primary, but a first and second general election. There is no financial cost for the August and
November election timing; if the cities go off those dates, then a charge would incur. The benefit
is that there is a good turnout in November and more representative of what the people want. A
move to November for elections is positive for good voter turnout and more representative of
what electors wants.
He reconiniended Atlantic Beach remain on the Federal and State cycle but go back to a majority
and following the two general elections if more than three candidates. When asked how the City
Clerk's duties niay have changed due to this timing move, Mr. Holland stated all file through the
clerk who will handle the filing, but supervisor of elections verifies signature as the
municipalities across the state handle it. If there is a runoff after November election, that would
be like a special election because of amount of additional work and costs because they would
only be the ones on the ballot and niay have a low voter turnout due to timing.
Member Reeves asked Mr. Holland if he could assist with providing some language should the
CRC wish to propose a change to the Charter regarding elections and Mr. Holland said he would
provide.
Sarah Boren, Atlantic Beach stated she had a few questions for Mr. Holland.
1. There are too many choices for public. Mr. Holland stated those who are interested do
take the time to review the entire ballot and more people who vote then entire than just
those at the top of the ballot.
2. She asked about the number reconiniended for changes and how to draft in clear
language. Mr. Holland shared you never want to limit, he has seen as many as 19 and as
few as 2-3). He reconiniended the CRC put on there what you think will perfect the
work.
3. How often are districts updated. Mr. Holland stated at one time, Atlantic Beach all were
at large and then had 4 precincts by coincidence. The districts were drawn for geographic
reasons but does need to be looked at for the population. You can take the total
population and do by total age or voting age, take census, divide by 4 with a 5% over or
under. Population should be looked at like the census.
4. What tips and advice on how to get word out. Mr. Holland stated combination of social
media campaign and others to get out.
Dr. Nancy Stoats, Atlantic Beach: Asked if any other areas use a plurality. Mr. Holland stated
he was not aware of others that use a plurality.
Charter Review Committee
December 18, 2023
Page 2 of 6
Page 4 of 17
Agenda Item #1.A.
24 Jan 2024
CC Donna Bartle Asked if seats can be certified separately from Duval County. Mr. Holland
stated when you jump on Federal and State it is based on when results conte in but will check
with counsel if they can be pulled out. There are timelines and what you can rectify during
election.
Carolyn Zisser, Atlantic Beach: section 41 appropriate section can you sub majority for plurality
in a simple way. JH: no because charter sets up held in Nov.
Need to be all one because of how they impact each other and the consequences.
Don Wolfson, Atlantic Beach: not hard to conte up with language, look at history.
3. PUBLIC COMMENT
Public comment was held during the presentation by Mr. Holland and during Miscellaneous Business.
4. MISCELLANEOUS BUSINESS
A. CHARTER PROVISIONS
ARTICLE III. - THE CITY MANAGER
Member Hansen stated changing out the city manager is impactful, and he believe it should be a
supermajority vote. Understand if not all in attendance but can be simple can be 75% of voting
commissioners and was prepared to make a motion. Member Drysdale also had a motion;
Member Hansen deferred to Member Drysdale.
MOTION: ARTICLE II, Sec. 10 — appointment of city manager..... "In the event the city manager
resigns or is removed or is incapacitated and unable to appoint a substitute as required in Sec. 24 of this
Charter, the deputy city manager shall assume the responsibilities of an interim city manager until such
time that the city commission shall hire someone to perform the duties of the city manager."
Motion: Charles "Chip" Drysdale
Second: Ellen Golofnbek-
General discussion ensued amongst the members of the CRC.
Carolyn Zisser, Atlantic Beach shared the motion on the floor is to shore up the absence of the city
manager.
Don Wolfson, Atlantic Beach shared he is in favor of the motion on the floor.
Dr. Nancy Staats, Atlantic Beach shared it is apparent by the conversations the charter is not clear and
language needs to be cleaned up. It is irresponsible not to have a succession plan.
Jackie Beckenbach, Atlantic Beach is in agreement with the motion and having a succession plan and
agrees with statements made by Mr. Holland.
Charter Review Committee
December 18, 2023
Page 3 of 6
Page 5 of 17
Agenda Item #1.A.
24 Jan 2024
Further discussion regarding the notion and thoughts on the merit of the notion. Chair Gulliford called
for the vote.
William "Bill" Gulliford Against
Suzanne Shaughnessy Against
Jennifer Lagner Against
Debbie Buckland Against
Charles "Chip" Drysdale (Mored By) For
Ellen Golombek (Seconded By) For
Kirk Hansen For
Mitchell Reeves Against
Dawn Scott For
Stere Swann Against
Donald Young Against
Motion failed 4 to 7.
MOTION: Sec. 25 to say "The city manager shall serve at the pleasure of the city commission. The
city commission niay remove the city manager for any or no reason by the affirmative vote of not less
than 75% of the voting commissioners."
Motion: Kirk Hansen
Second: Debbie Buckland
Discussion ensued regarding the motion amongst the CRC.
William "Bill" Gulliford For
Suzanne Shaughnessy For
Jennifer Lagner For
Debbie Buckland (Seconded By) For
Charles "Chip" Drysdale For
Ellen Golombek For
Kirk Hansen (Mored By) For
Mitchell Reeves For
Dawn Scott For
Stere Swann For
Donald Young For
Motion passed 11 to 0.
Member Hansen had to leave the meeting at 8:40 p.ni. for another commitment.
Charter Review Committee
December 18, 2023
Page 4 of 6
Page 6 of 17
Agenda Item #1.A.
24 Jan 2024
ARTICLE IX. — ELECTIONS
Sec. 36. - Election regulations.;
No Changes
Sec. 37. - Nonpartisan elections.;
No Changes
Sec. 38. - Electors; registration.;
No Changes
Sec. 39. - Nominations.;
No Changes
Sec. 40. - Elections: Primary.; and Sec. 41. - Elections: General.
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.
Motion: Ellen Golombek
Second: Donald Young
General discussion ensued regarding the motion.
Don Wolfson, Atlantic Beach stated the current language is a mistake and should be corrected and asked
CRC to support it for fair representation.
William "Bill" Gulliford For
Suzanne Shaughnessy For
Jennifer Lagner For
Debbie Buckland For
Charles "Chip" Drysdale For
Ellen Golombek (Moved By) For
Mitchell Reeves For
Dawn Scott For
Steve Swann For
Donald Young (Seconded By) For
Motion passed 10 to 0.
Al Kerber, Atlantic Beach suggested we promote that.
Charter Review Committee
December 18, 2023
Page 5 of 6
Page 7 of 17
Agenda Item #1.A.
24 Jan 2024
B. January Meeting Topics
ARTICLE IX. - ELECTIONS - 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. - Forni 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. -
Subniission to electors.; Sec. 52. - Forni of ballot for initiated and referred ordinances.; Sec. 53.
- Availability of list of qualified electors.; 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 niaxiniuni
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.; 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
and other sections of the charter.
C. January Meeting City Staff Attendance
City Attorney and City Clerk.
5. ADJOURNMENT
There being no further discussion, Chair Gulliford declared the meeting adjourned at 8 p.m.
Attest:
Jennifer Lagner, Secretary William Gulliford, Chair
Date Approved:
Charter Review Committee
December 18, 2023
Page 6 of 6
Page 8 of 17
Agenda Item #3.B.
24 Jan 2024
iknf�8'tl'k
01
Sit WRiDSHQP
COMMITTEE
Motion to the COAB Charter Review Committee
The City of Atlantic Beach (COAG) Environmental Stewardship Committee (ESC) unanimously voted and
recommends to the 2023-2024 COAG Charter Review Committee to adopt and insert the following
language into the Charter and to add to the ballot as one of the formal changes to be voted upon by our
residents.
Proposed Motion
Add a new section to Article 1 entitled Sec. 5: Environmental Leadership that includes the following
language: To ensure the health and safety of its citizens and enhance property values, high quality of
life, and healthy environment, the City of Atlantic Beach shall continually improve its leadership and
preparation for sustainability, resilience, environmental stewardship, and protection of tree canopy.
Background
For those of you who are not familiar with the ESC, it is publicly appointed advisory committee
established in 2017 by the City of Atlantic Beach in conjunction with an update of Chapter 23,
"Protection of Trees and the Natural Environment" of the City Ordinance. It consists of 11 members (4
district seats and 7 at large seats) of AB residents with diverse and vital subject matter expertise serving
at least three-year terms. Our role is to study and provide guidance to the City about our maritime
forest, parks and open spaces, beautification, and environmental stewardship of our community; as
well as motivate and coordinate participation in these efforts. We also respond to requests from the
Commission and staff such as the desire to achieve LEED for Cities Gold certification which led to
creating a Sustainability & Resilience Community Action Plan for ongoing improvement. ESC's
subcommittees focus on trees & beautification, sustainability & resilience, and education & outreach,
each of which has volunteer working groups.
In preparation of the proposed motion and for due diligence, the ESC has completed the following
actions:
1. reached out to the Florida League of Cities for examples of other cities adding similar
language to their Charters. To name a few, ,H Il.ywood. and Gaine.svil.l..e have language in
their preamble and New. Srp.yrna._Beach, has a whole separate Article section. Several FL
Regional Planning Councils (e.g., 5E FL Regional .._Climate Compact, Tarnoa Bay Regional
Page 9 of 17
Agenda Item #3.B.
24 Jan 2024
Resiiliency Coalition, East Central Florida Regional Resilience Collaborative have deeply
incorporated sustainability, resilience and environmental stewardship and protection into
their action plans.
2. consulted the COAG City Attorney, Jason Gabriel, about the best location for the language.
He offered the following three suggestions:
I. create a separate Article all together;
II. strengthen Article 14 Section 59 Zoning, Land Development and Height Limits;
and/or
III. add a new section (e.g., Section 5) to Article 1 (as close to a preamble that we have).
3. considered AB Preservation's suggested location and language
4. discussed and debated all of the suggestions (e.g., City Attorney, AB Preservation, FL LOC)
thoroughly at ESC's September & October noticed meetings. The ESC feels strongly that it is
the whole city's duty, obligation, job and one of its main services is to protect and enhance
environmental stewardship, tree canopy, resilience and sustainability (not just the job of the
Commission or City Manager)
Page 10 of 17
Date
Timeline for Election Referendum for November 5, 2024 General Election
Item
1/23/2023 City Commission Meeting
Agenda Item 8A
2/13/2023
2/16/2023
Various
5/9/2024
City Commission Meeting
Agenda Item 4C
15t Meeting of the Charter
Review Committee
Charter Review Committee
meetings
Deadline to submit final
report to Commission.
Introduction and First
TBD Reading on Ordinance(s) for
Commission action.
TBD Notice in Newspaper
Public Hearing and Final
TBD Reading on Ordinance(s) for
Commission action.
8/13/24
preferably,
definitely by
8/20/24
Deadline for submitting ballot
language to Supervisor of
Elections
10/3/2024 Notice in Newspaper
10/17/2024 Notice in Newspaper
Purpose
Commission approved Resolution
No.23-02 outlining the Committee's
charge and appointing members.
Motion on Reconsideration of
Resolution No. 23-02
(Failed)
Organizational/orientation meeting and
election of officers (Chair, Vice Chair,
and Secretary)
Hold Committee meetings
Final report to City Commission.
Have first reading on ordinance(s)
allowing for referendum.
Advertise public hearing(s) for
Referendum Ordinance(s)
Hold public hearing and second (final)
reading on ordinance(s) allowing for
referendum.
Provide ballot language to Supervisor of
Elections for placing on November 5,
2024 General Election ballot.
Advertise referendum for the November
5, 2024 General Election.
Advertised election information and the
Charter Election Ballot for the
November 5, 2024 General Election.
11/5/2024 2024 GENERAL ELECTION Referendum to be put on the November
5, 2024 General Election ballot
Agenda Item #3.C.
24 Jan 2024
Document/Citation Links
aI; Charter Section 81
.........................................................................................................................
Resolution NI). 23..u2
...............................................................................................................
araentla Packet
12cnda Iteon R:1 Backup
11hautes
:lraenda Packet
12enda Item I( I;ackut,
Minutes
araenda packet
Minutes
:12enda Packet. I'a Iden
111mutes Folder
:\I- Cltarico Section 81
(no later than 180 days prior
Election)
I'.
16()) )1
"... a proposed ordinance may
be read by title, or in full, on at
least 2 separate days..."
1 .S.
16,6,.11 I 1
"... at least 10 days prior to
adoption, be noticed once in a
newspaper of general
circulation in the
municipality...."
1 .S. 166)1,11
"... a proposed ordinance may
be read by title, or in full, on at
least 2 separate days..."
Date of First Primary, but
preferably a week ahead of that
— per Duval Co. S.O.E. staff.
1 .S. 1010.12
....................................................................
"The publication shall be made
at least twice, once in the fifth
week and once in the third
week prior to the week in
which the election or
referendum is to be held."
r. 100.-;.1.2
"The publication shall be made
at least twice, once in the fifth
week and once in the third
week prior to the week in
which the election or
referendum is to be held."
:\I- Citarico Section 81
...............................................................................................................
U.S. 166.0;1
Page 11 of 17
Page 12 of 17
Agenda Item #3.C.
24 Jan 2024
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 municipal election
ballot.
The City Commission shall appoint the Charter Review Committee in January 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 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 place such amendments or revisions as approved by the
Charter Review Committee on the next regular 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 regular 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)
Page 13 of 17
Page 14 of 17
Agenda Item #3.C.
24 Jan 2024
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 15 of 17
Agenda Item #3.C.
24 Jan 2024
As of 12/7/23
December 18. 2023
MOTION: section 25 to say "not less than 75% of the voting commissioners"
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.
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.
ARTICLE IV. - THE CITY CLERK
Sec. 28. - Appointment; duties.
2
Page 16 of 17
Agenda Item #3.C.
24 Jan 2024
As of 12/7/23
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; 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. 40. - Elections: Primary.
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.
3
Page 17 of 17