12-18-23 CRC Adopted MinutesMINUTES
Charter Review Committee Meeting
Monday, December 18, 2023 - 6:00 PM
Commission Chamber
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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