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12-18-23 CRC Adopted MinutesMINUTES Charter Review Committee Meeting Monday, December 18, 2023 - 6:00 PM Commission Chamber rl J;i �r 800 Seminole Road, FL 32233 Present: 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 Steve Swann For Charter Review Committee December 18, 2023 Donald Young Motion passed 10 to 0. For Member Debbie Buckland arrived at 6:10 p.m. and was not available to vote on motion. 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 recommended 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 may 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 may 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 recommended 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 recommended 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 Staats, 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 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 come 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 come 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 Golombek 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. Further discussion regarding the motion and thoughts on the merit of the motion. Chair Gulliford called for the vote. Charter Review Committee December 18, 2023 William "Bill" Gulliford Against Suzanne Shaughnessy Against Jennifer Lagner Against Debbie Buckland Against Charles "Chip" Drysdale (Moved By) For Ellen Golombek (Seconded By) For Kirk Hansen For Mitchell Reeves Against Dawn Scott For Steve 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 may remove the city manager for any or no reason by the affn native 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 (Moved By) For Mitchell Reeves For Dawn Scott For Steve Swann For Donald Young For Motion passed 11 to 0. Member Hansen had to leave the meeting at 8:40 p.m. for another commitment. ARTICLE IX. — ELECTIONS Sec. 36. - Election regulations.; No Changes Sec. 37. - Nonpartisan elections.; Charter Review Committee December 18, 2023 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. 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. - 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. Charter Review Committee December 18, 2023 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 and proceedings.; Sec. 77. - Short title.; Sec. 78. - Severability clause. ARTICLE XVHI. - 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: Date Approved: `' Charter Review Committee December 18, 2023