06-12-14 Minutes 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.
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
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mak
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
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forward. Mr. Hoffmann pointed out that the basic flaw in the current system is that a
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.
Vim'
Don Wolfson, Chairman
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