10-23-14 Minutes 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
Mike Borno
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.
Minutes of the Charter Review Committee Meeting on October 23, 2014 Page 1 of 7
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 that it 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, 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.
Minutes of the Charter Review Committee Meeting on October 23, 2014 Page 2 of 7
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 the 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. It 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 stated that when communities impose identification requirements,
they often get sued. Ms. Carithers noted that the committee would have to determine what
are proper identifications.
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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 asks where they live and verifies that their address is in the
proper district. She indicated that the candidate 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 so as 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.
Minutes of the Charter Review Committee Meeting on October 23, 2014 Page 4 of 7
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 from Judith Leroux. 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.
Minutes of the Charter Review Committee Meeting on October 23, 2014 Page 5 of 7
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
Minutes of the Charter Review Committee Meeting on October 23, 2014 Page 6 of 7
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.
Do on, Chair
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