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06-26-14 Agenda Packet 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 by 5:00 PM, Friday, June 6th, 2014. CITY OF ATLANTIC BEACH CHARTER REVIEW COMMITTEE MEETING June 26, 2014 – 5:00 PM AGENDA Call to Order 1. Presentation: A. Lynn Tipton, Florida League of Cities 2. Unfinished Business from Previous Meetings 3. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. A. Minutes from the June 12, 2014 Charter Review Committee Meeting 4. Discussion 5. Miscellaneous Business 6. Next Meeting Date: July 10, 2014 at 5:00p.m. 7. Courtesy of the Floor to Visitors Adjourn Minutes Charter Review Committee Meeting June 12, 2014 City Hall, 800 Seminole Road In Attendance: Committee Members Mike Borno City Attorney Richard Komando Joan Carver, Secretary City Clerk Donna Bartle Sally Clemens City Manager Nelson Van Liere Tom Goodrich Judith Leroux Mark Tomaski, Vice-Chairman David Vincent Donald Wolfson, Chairman Absent: Katherine Carithers Call to Order Chairman Wolfson called the third meeting of the Charter Review Committee (CRC) to order at 5:00 p.m. He noted that the Courtesy of the Floor was being moved from the beginning of the meeting to the end. Under Unfinished Business Chairman Wolfson reminded the Committee that Lynn Tipton from the Florida League of Cities is scheduled to meet with the Committee on June 26. He encouraged all members to be present for that meeting. Mr. Borno moved the approval of the minutes of the May 29 CRC meeting as distributed; the motion was seconded by Mr. Tomaski and passed unanimously. Chairman Wolfson stated that the consensus of the May 29 meeting was that the CRC should plan to review the first twenty-five sections of the Charter at this meeting. He noted that Ms. Clemens and Mr. Goodrich had submitted items for consideration to Mr. Komando, the City Attorney, and these had been distributed to the CRC. The CRC then proceeded to consider the Charter, beginning with Article I, section 1. Comments and proposals related to each Article and Section are summarized below. Article I. Section 1. Present Charter abolished and new Charter established. There were no comments. Minutes of the Charter Review Committee Page 2 of 4 Article I. Section 2. Reaffirmation of the Incorporation of the City of Atlantic Beach. Ms. Clemens stated that the Atlantic Beach Country Club in the description of the boundaries should replace Selva Marina Country Club. Mr. Borno moved that the words Atlantic Beach Country Club replace Selva Marina; the motion was seconded by Ms. Clemens and passed unanimously. Chairman Wolfson pointed out that the boundary descriptions would need to be changed if the possible annexation of land from the city of Jacksonville occurs. Article I, Section 3. Form of Government. Mr. Tomaski questioned the appropriateness of the term “Commission-Manager Government.” Mr. Komando stated that that this is not a local designation but is a municipal designation in state statute. Art. I, Sec. 4. General Powers. There were no comments. Article II. The Commission. Sec. 5. Number of commissioners; selection; term. Ms. Clemens and Mr. Goodrich both submitted written questions regarding the number of commissioners, their selection, and the term of office. Mr. Goodrich expressed concern with a two-year term for mayor when the other commissioners are elected for four-year terms. The two-year term seems to make it a weak mayor system. Mr. Borno pointed out that the election of the mayor every two years along with the election of two commissioners every two years provides checks and balances since three of the five on the commission change every two years. He noted that he had no problem with the two-year term when he was mayor. Chairman Wolfson stated that his experience as mayor led him to a different conclusion. He feels the two-year term led to a break in continuity and made it more difficult to get his agenda enacted. He also noted that it is costly to run every two years; he spent $42,000 on his election. It can be difficult to run so soon for the office, particularly if you have opposition in the election. Mr. Borno noted that those elected mayor-commissioner come with prior experience as a commissioner. He stated that to get anything done, the commissioners must gain consensus. He expressed the view money cannot buy the election; people want you or not. Ms. Leroux expressed support for a four-year term for mayor. The discussion moved to the question of electing commissioners at large or only by the voters in the district they represent. Mr. Borno stated that Atlantic Beach is a small city to elect by district. He indicated that he was not against districting however but feels it is important to elect at large. Mr. Tomaski raised the idea of increasing the member of commissioners to seven, four to be elected by district and three at-large. He feels having the mayor elected every two years Minutes of the Charter Review Committee Page 3 of 4 encourages citizen involvement. He indicated he would like citizen input on the size of the commission. Chairman Wolfson said that he had championed districts when he ran for mayor. When he was campaigning people from the area west of Mayport Road told him they felt left out of the city. They wanted to be represented by someone who understood their problems with crime and prostitution. He stated that the idea of districts was not well received overall when it was raised. In the citizen referendum it was passed narrowly. Chairman Wolfson indicated since the CRC had not reached a consensus on the issues of the size and election of the commission, the committee would move on and return later to consideration of those questions. Article II. Section 6. Qualifications and disqualifications. Ms. Clemens raised the issue of the Qualifications to serve as a commissioner, recommending that the Charter require commissioners to have documented proof of citizenship. It was pointed out that under Florida Statute to be a qualified elector you must be a citizen. Chairman Wolfson suggested the citizen requirement would be redundant but we could recommend it if the CRC wished. Ms. Clemens moved that the requirement of being a documented citizen be added to the qualifications for commissioner. Chairman Wolfson seconded the motion. The motion failed to receive the vote of a majority of the CRC. Ms. Clemens raised the question of requiring commissioners to have resided in Atlantic Beach a minimum number of years. There was discussion of how many years should be required and whether years had to be consecutive. After further discussion it was moved by Mr. Vincent that two years of consecutive residency in Atlantic Beach be added to the qualifications for commissioners. The motion was seconded and passed. Ms. Clemens raised a question regarding the meaning of “shall not hold any other elective office”; for example, would that include an office in a private organization. Mr. Kommando indicated that elective office traditionally did not include religious or private groups. Mr. Vincent suggested adding the words “as defined by the state”. Chairman Wolfson felt those words might have to be added to many provisions if we set that precedent. Chairman Wolfson stated that in the interest of completing the Committee’s work in a timely fashion meetings would not be limited in time to one hour. The Courtesy of the Floor to Visitors will come at the end, not the beginning of the meeting. Courtesy of the Floor. Two visitors spoke to the CRC. Chris Jergensen expressed appreciation for the opportunity to hear the debate on questions. Michael Hoffmann spoke on behalf of single member districts. He noted that he had supported the Charter amendment requiring commissioners to live in the districts they represented in spite of the at large election provision, seeing the amendment as a first step forward. Mr. Hoffmann pointed out that the basic flaw in the current system is that a Minutes of the Charter Review Committee Page 4 of 4 candidate could receive a majority in his district but still lose because he did not win a majority city-wide. He also stated that his concern that the results of a referendum can be overturned by a vote of the commission. It was moved to adjourn by Mr. Borno, seconded by Mr. Vincent and approved unanimously to adjourn at 6:40 p.m. ______________________________________________________ Don Wolfson, Chairman ATLANTIC BEACH: CITY CHARTER REVIEW MEETING Lynn Tipton Florida League of Cities, Inc. June 26, 2014 MUNICIPAL CHARTERS IN FLORIDA All charters are unique; haven’t found any two identical 410 cities, towns and villages – all have a charter Goal for tonight: discuss municipal characteristics in Florida and compare Atlantic Beach using peer statistics COMPARABLE CHARTER CHARACTERISTICS Size of Council or Commission: five (5) members is most common; some seven (7) and some (6) where mayor is non-voting Length of term: two, three and four year terms are fairly evenly spread across 410 Type of election per council seat: at-large; single-member district (SMD); elected seat with at-large voting; some councils are mix of at-large and SMD Selection of mayor: elected at large; elected from within the council; rotational Form of government: see next slide FORMS OF MUNICIPAL GOVERNMENT IN FLORIDA Council-weak mayor: original form brought over from England; about 100 Florida cities with populations less than 25,000 Council-strong mayor: an elected executive implements council actions and administers the city; about 30 Florida cities in all populations Commission: each elected official oversees one or more departments autonomously; come together as legislative body. Less than 5 Florida cities have this Council-Manager or Commission-Manager: professional manager appointed by mayor & council to administer city, prepare agenda and recommend actions to council, and present a budget each year; about 275 Florida cities of all populations Hybrid: elements of the above; about 5 Florida cities ATLANTIC BEACH: PEER COMPARISONS Using population 12,000 to 15,000: 25 cities meet that factor Using coastal location (ocean, gulf and intercoastal) – Callaway, Oldsmar, Niceville, St. Augustine, Destin, Key Biscayne, South Daytona, North Palm Beach, Panama City Beach, Wilton Manors, Gulfport (11 total) One of the 25 is council-strong mayor, but not coastal: Palmetto (Manatee County) 24 of 25 are council-manager or commission-manager Of the 11 coastal: all 5 seats except Niceville (6); Destin (8); Key Biscayne (7) Should also compare scope of services if any charter elements are compared more deeply BEST PRACTICES IN CHARTER REVIEWS Holding several public forums for discussion (especially if referendum is scheduled) Use of website for display of current and proposed language, as well as minutes from CRC meetings If referendum is being held, develop “FAQ” for website Utilize League of Women Voters and other civic organizations to help with forums, public discussions – proactive role of elected officials and city staff to reach out and include these groups CHARTER TRENDS IN FLORIDA Form of government: trend since 1950s toward the council-manager and commission- manager form of government (including new incorporations) Charter reviews: seven to ten (7 to 10) years is widely seen CHARTER REVIEW: QUESTIONS TO CONSIDER From the 2008 eighth edition of the Model City Charter: Is the charter reflective of the city’s current population? Is the council representative of the population, both resident and business? Does the charter address responsible professionalism, and do it adequately? Has the city provided opportunities for citizen participation in the process? Is the city engaged in civic education about the charter (web site, for example)? QUESTIONS AND DISCUSSION Thank you for including the Florida League of Cities in your process!