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11-6-14 CRC 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, Tuesday, August 5, 2014. CITY OF ATLANTIC BEACH CHARTER REVIEW COMMITTEE MEETING November 6, 2014 – 5:00 PM AGENDA Call to Order 1. Approval of Minutes from the October 23, 2014 Charter Review Committee Meeting. 2. Unfinished Business from Previous Meetings A. Proposed Amendments for Sec. 43 and Sec. 61. B. Discussion on Committee Report to the City Commission. 3. Discussion 4. Miscellaneous Business 5. Next Meeting Date: November 20, 2014 at 5:00 p.m. 6. Courtesy of the Floor to Visitors Adjourn Minutes Charter Review Committee Meeting October 23, 2014 City Hall, 800 Seminole Road In Attendance: Committee Members Don Wolfson, Chairman City Manager Nelson Van Liere Mark Tomaski, Vice Chairman City Attorney Richard Komando Joan Carver, Secretary City Clerk Donna Bartle Katherine Carithers Sally Clemens Judith Leroux David Vincent Absent Tom Goodrich Call to Order Don Wolfson, Chairman, called the twelfth meeting of the Charter Review Committee (CRC) to order at 5:00 p.m. on October 23, 2014. He asked if there were changes or corrections to the minutes of October 9, 2014. Mr. Borno moved the approval of the minutes as distributed, Dr. Tomaski seconded the motion and it was approved. Unfinished Business from Previous Meetings A. Discussion of Committee Report to the City Commission There was discussion of the possible content of the report to the city commission on the work of the Charter Review Commission to date. City Attorney Komando cautioned against providing a detailed report since the committee may make changes when it reviews its work. He suggested a broad overview. Chairman Wolfson suggested listing the items on which the committee has not yet completed consideration and those on which work is pretty well finalized. He noted that this would only be a status report and items could be brought back for re-consideration if desired. He would like to have a red line draft of the charter for final review. Ms. Carithers stated that she would like to review what the committee has done, for example, on the canvassing board and supervisor of elections. Chairman Wolfson stated that there should be a caveat in the report that it is a status report and subject to change before final submission. Once the committee has a draft of the charter changes, he would like a final review of the changes. City Attorney Komando stated that there was flexibility in how much information the CRC provides in the interim report. He suggested a broad overview of topics covered, noting the committee may return to some items and change earlier decisions. He stated that the city commission is very interested in the work of the CRC. Ms. Carithers stated that she didn’t believe the city commission needed to know what items are outstanding. She thinks the main concern is that we are moving forward with our work. The discussion turned to deadlines for completion of the CRC’s work. The proposed changes will have to be considered by the city commission which will have public hearings on the changes and then have the amendments ready for either the May or August elections. With this timeline in mind Chairman Wolfson set the end of February as a deadline for completion of the committee’s work. Chairman Wolfson asked City Attorney Komando to provide a list of the changes in the charter recommended by the CRC to date. Dr. Tomaski suggested reporting to the commission that the committee is meeting regularly, that most of the committee members are at the meetings, and the percentage of the charter the committee has completed. The commission would then be aware that the committee is making progress. Ms. Leroux asked whether the committee would have any involvement once the final report is submitted. Chairman Wolfson believed the committee’s work would then be completed. Chairman Wolfson stated that the CRC could report to the city commission has made a first review of the charter and that it is the committee’s intention to submit a report on recommended changes no later than the first commission meeting in March. The other unfinished business related to Article 16, Suits Against the City, which was discussed at the October 9 meeting. City Attorney Komando stated that he would have a draft of new wording for that article at the next meeting. Discussion Article XV. Zoning Chairman Wolfson stated that he believes things are happening beyond our control with respect to climate change and the elevation of the oceans. Even though he ran for office on the height limitation of thirty-five feet, he is considering proposing increasing the height limitation to fifty feet in an effort to be pro-active in an era of climate change and the resulting increase in tidal waters. It may be that houses will have to be raised a few feet to be habitable. He also noted the burden of the rising cost of flood insurance. Chairman Wolfson asked the committee members to consider this issue in preparation for its discussion at a future meeting. Article IX. Elections Sec. 36. Elections. Ms. Clemens stated that the title Sec. 36 should be changed to “Regulation of Elections” to more accurately reflect the content of the Section. Ms. Clemens moved and Mr. Borno seconded the motion that the title of Sec. 36 be changed to “Elections Regulations.” The committee approved the change. Sec. 37. Nonpartisan Elections. Ms. Carithers raised the issue of elections, which are non-partisan in name, but in fact there is an awareness of the party affiliation of the candidates. She noted that candidates get support from people of like political persuasion. She believes the party designation could be helpful to people in deciding how to vote. Chairman Wolfson stated that partisan elections could be very divisive. He would prefer to keep party affiliation off the ballot since it can be a rallying cry for the party making the election even more divisive. Dr. Tomaski stated that there have been meetings in the past where candidates have stated their party affiliation. He noted that these candidates have not done well in past. He has concern about how campaigns are financed. Chairman Wolfson described his personal experience as a candidate for mayor. He had support from people in both parties and some who voted for him were relieved they could vote for a nonpartisan candidate. He stated that one of the arguments for partisan elections is that the voter will have a better idea of what the candidate stands for assumes that the candidate lines up with the party and that may or may not be true. Ms Clemens noted that only two people had asked her about her party affiliation when she ran for office. Mr. Borno moved that the language in Sec. 37, nonpartisan elections be retained as it is. Chairman Wolfson seconded the motion and it was approved Sec. 38. Electors, Registration. No Change. Sec. 39. Nominations Ms. Clemens observed that requiring ten qualified electors to nominate was a very low number. Ms. Clemens moved that the number of qualified electors to nominate be changed from “not less than ten (10)” to “not less than twenty-five (25)”. The motion was seconded by Mr. Borno and passed unanimously. Ms. Clemens stated that she felt candidates should be required to show proof of citizenship. City Attorney Komando that when communities impose identification requirements, they are often get sued. Ms. Carithers noted that the committee would have to determine what are proper identifications, Dr. Tomaski stated that he liked some kind of requirement for proof of citizenship. He said it would be possible for someone to slip through. Chairman Wolfson stated that an easy way to handle the citizenship requirement was to add a sentence in Article II, Section 6. Qualifications and disqualifications for members of the city commission. The sentence could specify that proof of citizenship could be a driver’s license, a passport or other acceptable documentation. In response to a question from Chairman Wolfson, City Clerk Bartle stated that prior to a candidate’s qualifying, she checks where the candidate lives and fills out a form indicating qualification to hold office. The person must be a registered voter and take an oath that he or she is qualified to serve under the Constitution and laws of Florida. Ms. Leroux suggested the possibility of a charter amendment to ensure that the city clerk is provided needed information Chairman Wolfson stated that there should be a component of Art. II, Sec. 6 that states that proof of residency shall be a passport, driver’s license, or other legal identification. He has noted this change and will bring it up when Art II, Sec. 6 is reviewed by the CRC. Sec. 40. Elections: Primary. No change. Sec. 41. Elections: General. No change Sec. 42. Elections: Absentee Voting. No change. Sec. 43. Elections: Canvassing board, duties. Ms. Carithers stated that the Atlantic Beach Canvassing Board should be the same as the county canvassing board. She pointed out that Jacksonville Beach has a referendum on the ballot this year to use the county canvassing board and so to be consistent with state law. City Attorney Komando noted that he knew of a case in which a law was overturned because of the membership of the chief judge. Dr. Tomaski observed that it appears that the canvassing board can overturn elections. City Attorney Komando pointed out that the canvassing board is the body that checks signatures on provisional ballots. Chairman Wolfson asked Ms. Carithers why the composition of the canvassing board was a matter of concern. Ms. Carithers noted that the current composition had the potential for conflict of interest. Dr. Tomaski stated that the real concern with the current composition of the canvassing board was perception. A change in the board would remove suspicion of its actions. Mr. Borno stated that the city of Jacksonville had stated that the municipalities have a right to use the county canvassing board. Ms. Clemens observed that since Atlantic Beach residents pay taxes, she felt it was a good idea to use the county canvassing board. Ms Carithers stated that the canvassing board looks at those items the staff of the Supervisor of Elections questions. Chairman Wolfson observed that the Supervisor of Elections Office counts the ballots. It is a limited responsibility to review those items that the Supervisor of Elections office questions. Ms. Carithers moved and Tomaski seconded the motion that the City of Atlantic Beach Canvassing Board be replaced with the Duval County Canvassing board in Sec, 48. The motion was approved by the committee. City Attorney Komando will draft language for the revised article to be considered at the next meeting. Article X. Initiative and Referendum Sec. 44. Power of initiative Mr. Borno proposed that the second sentence of Section 44 read ‘at least ten per cent (10%) of the registered electors at the last regular municipal election” vice twenty-five per centum (25%). Ms Clemens seconded the motion. Chairman Wolfson pointed out the power of the initiative and cautioned that there should be a serious effort behind an initiative. It should be broadly supported. Ms. Carithers observed that twenty-five percent was high compared to other communities. Dr. Tomaski stated that twenty-five percent was high relative to turnout in elections. Chairman Wolfson pointed out that an initiative petition is different than turnout; it may have an impassioned group pushing it and going door to door to get signatures. It was pointed out that ten per cent would be over 900 signatures. The motion to change the percent from 25 per cent to ten per cent passed with one dissenting vote. Sentence two of Article 44 would then read: “Any initiated ordinance may be submitted to the city commission by petition signed by registered electors of the city equal in number to at least ten per cent (10%) of the registered electors at the last regular municipal election.” Sec. 45. Power of referendum. Mr. Borno proposed that the third sentence in Sec. 45. Power of Referendum be changed to read “Within thirty (30) days after the enactment by the city commission of any ordinance which is subject to a referendum, a petition, signed by registered electors of the city equal to at least ten per cent (10%) of the registered electors at the last preceding regular municipal election may be filed with the city clerk requesting any such ordinance may be either repealed or submitted to a vote of the electors.” Dr. Tomaski seconded the motion. There was discussion of the proposal by Mr. Borno to change 30 days to 20 days and twenty-five to ten percent in Section 45. Chairman Wolfson pointed out that it was possible that a smaller number of voters could overturn the actions of a commission elected by a majority. Dr. Tomaski stated that he saw both concerns. Dr. Carver noted that an impassioned minority can sometimes have great power. Mr. Vincent suggested that if the proposed referendum receives sufficient signatures, it should be submitted to a vote, eliminating the repeal by the commission alternative. Ms. Clemens stated that the provision should indicate who would repeal the ordinance. Ms. Clemens moved and Chairman Wolfson seconded the motion to amend the proposed change by adding the words “by the city commission” after repealed. The committee approved the change to the proposal. The committee then approved the amended Sec. 44 which would read: “Within thirty (30) days after the enactment by the city commission of any ordinance which is subject to a referendum, a petition, signed by registered electors of the city equal to at least ten per cent (10%) of the registered electors at the last preceding regular municipal election may be filed with the city clerk requesting any such ordinance may be either repealed by the city commission or submitted to a vote of the electors. Sec. 47. Filing, examination and certification of petitions. Mr. Borno proposed that the second sentence be changed to read “Within thirty (30) days after a petition is filed,” vice twenty days. The motion was seconded by three members of the committee and passed. Sec. 48. Amendment of Petitions. No change. Sec. 49. Effect of certification of referendum petition. No change. Sec. 50. Consideration by city commission. No change. Discussion of the Report to the City Commission (continued) Chairman Wolfson suggested that the report of the CRC to the city commission regarding the work of the committee to date might report that the committee has reviewed all of the articles with the exception of Articles 10, 14 and 17. Ms. Carithers would prefer a more general report, for example, we are meeting regularly, we have accomplished a great deal and we will be finished by March 2015. Chairman Wolfson stated that if we need more time, we will meet more frequently. We will probably have only one meeting in December. He noted that the outstanding issues are ones that we have already briefly considered such as district v. at-large elections and five or seven commissioners. Mr. Borno suggested that the committee needed to have a redline copy of the charter that would include the original provisions along with the recommended changes for its final review. Courtesy of the Floor to Visitors. Chris Jorgensen, 92 West Third Street, stated that ten per cent of the registered electors is not a small number. He noted that when you break down the votes cast in the five districts, it is only a few hundred votes. He wondered if the charter should include the longitude and latitude of the city. He observed when he looked up Atlantic Beach on Wikipedia Mr. Borno was listed as the current mayor. With no further business the meeting adjourned at 7:10 p.m. Don Wolfson, Chair . Proposed Amendments by City Attorney October 24, 2014 ARTICLE IX. ELECTIONS Sec. 43. Elections: Canvassing board, duties. The City of Atlantic Beach Canvassing Board responsibilities shall be composed of the City Attorney, City Manager and City Clerk delegated to the Duval County Canvassing Board for all city elections. In the event that any member is unable to serve, a replacement member shall be appointed by the remaining two board members. Said replacement shall be a registered voter residing in Atlantic Beach. Should the City of Atlantic Beach municipal election occur on the same day as a county or special election, the county canvassing board will fulfill the following duties listed in this section. The Atlantic Beach Canvassing Board shall meet in Atlantic Beach, in a building accessible to the public to publicly canvass the absentee electors' ballots and provisional ballots as provided for in Florida Statutes. Public notice of canvassing shall be given at least 48 hours in advance in a publication of general circulation in the City of Atlantic Beach. The canvass shall be made from the returns and certificates of the inspectors as signed and filed by them. The canvassing board shall submit to the Supervisor of Elections the preliminary returns by 11:59 pm on election night. See Fla. Stat. Chapters 101 and 102 for a complete listing of Canvassing Board duties. After each city election, the Canvassing Board shall issue an official Certification of Election to the city clerk. The clerk shall provide a certificate of election to the candidates elected. ARTICLE XVI. SUITS AGAINST THE CITY Sec. 61. Suits. No suit shall be brought against the city for damages arising out of an alleged tortious act, unless all provisions of state law have been met. Upon receiving notice of any lawsuit, the city manager shall diligently investigate the matter and file a written report with the city clerk to be presented to inform the city commission at its next meeting of the lawsuit as soon as practical. The city clerk shall determine if a special meeting should be scheduled to deal with an emergency situation. Upon receipt of a written claim for damages notice of intent to file a lawsuit by an injured party the city commission may, by ordinance, make a settlement of the claim.