Loading...
12-15-14 Minutes Minutes Charter Review Committee Meeting December 15, 2014 City Hall, 800 Seminole Road In Attendance: Committee Members Staff Don Wolfson, Chairman City Manager Nelson Van Liere Joan Carver, Secretary City Attorney Richard Komando Mike Borno City Clerk Donna Bartle Sally Clemens Judith Leroux David Vincent Absent Katherine Carithers Tom Goodrich Mark Tomaski,Vice Chairman Call to Order Chairman Wolfson called the sixteenth meeting of the Charter Review Committee (CRC) to order at 5:05 p.m. on December 15, 2014. Chairman Wolfson asked if there were corrections or changes to the minutes of the December 4 meeting. With no changes or corrections, Mr. Borno moved the approval of the minutes as distributed; Ms. Clemens seconded the motion,which the committee approved. Chairman Wolfson stated that Mayor Woods would like to hold a workshop with the city commission and the CRC before the final approval of the recommended changes in case there are other questions the commission would like the CRC to consider. Chairman Wolfson asked City Clerk Bartle to look at the calendar to determine when such a meeting could take place. Unfinished Business from Previous Meetings Since only five members of the CRC were present at the December 4 meeting, a super majority was not available to approve several items that were discussed. These items include Article 50,Article 43, and Article 61. Minutes of the Charter Review Committee of December 15, 2015 Page 1 of 6 Article 50. Consideration by City Commission Mr. Borno moved the approval of the revised Article 50. The motion was seconded by Mr. Vincent and approved unanimously. The revised section reads: Whenever the city commission receives a certified initiative or referendum petition from the city clerk, it shall proceed forthwith to consider such petition. A proposed initiative ordinance shall be read and a public hearing shall be held on the proposed ordinance. The city commission shall take final action on the ordinance not later than sixty days (60) after the date on which such ordinance was submitted to the city commission. Such final action shall be decided by at least a four-fifths affirmative vote of the city commission to approve, amend or deny. If such ordinance is one, which is referred for reconsideration by the city commission, it shall be brought forth for its final vote upon reconsideration and the question shall be, "Shall the ordinance specified in the referendum be repealed?' Such final action shall be decided by at least a four-fifths affirmative vote of the full city commission. Section 43. Elections. Canvassing Board, duties. At the December 4 CRC meeting the change in wording requested by Supervisor of Elections allowing the Canvassing Board discretion in their meeting place was discussed. Mr. Borno moved the approval of the revised Section 43. The motion was seconded by Ms. Clemens and approved unanimously. The revised wording in sentence two is: "Canvassing Board may meet in Atlantic Beach, or at a location decided by the Duval County Canvassing Board in a building accessible to the public to publicly canvass the absentee electors'ballots and provisional ballots as provided for in Florida Statutes." Section 61. Suits The CRC considered the revised language for Section 61 at the December 4 meeting but did not vote on the revision. The first sentence of Section 61 was approved at a prior CRC meeting. Mr. Borno moved the approval of paragraph two, the revised provision; Ms. Leroux seconded the motion and it was approved by the CRC. The revised Section 61 is as follows: No suit shall be brought against the city for damages unless all provisions of state law have been met. Upon receiving notice of any lawsuit, the city manager shall inform the city commission of the law suit as soon as practical. Upon receipt of a written notice of intent to file a law suit by an injured party the city commission may, by ordinance, make a settlement of the claim. Article II. Sec. 8. Presiding officer: Mayor The question of the appointment of the mayor pro tempore was raised. Ms.Clemens questioned whether the word appoint was appropriate. Both Chairman Wolfson and Mr. Minutes of the Charter Review Committee of December 15, 2015 Page 2 of 6 Borno stated when they had served as mayor they had appointed the mayor-pro tem, but they had asked for a second from the commission and given the opportunity for other nominations. It was determined at an earlier meeting that the provision for appointment of a mayor pro tempore would be moved to Section 9. Powers. Article II. Sec. 9 Ms. Clemens proposed a change in the wording and punctuation of Article H. Section 9 to make the meaning clearer. The proposed changes were given to City Attorney Komando for his review. He will bring the re-worded provision back to the committee for its approval. Sec. 81. Charter Review (new provision). The committee discussed how frequently review of the charter should occur. Mr. Vincent stated that he had discussed this issue with several people and their consensus was that ten years was too long and five too short, so that seven seemed right. Ms. Clemens agreed with seven years. Dr. Carver suggested ten to fifteen years. Mr. Borno suggested ten years. Ms. Leroux suggested seven to ten years. City Attorney Komando stated that most cities provide for periodic review with every four years,the number he has most frequently seen. Chairman Wolfson noted that Atlantic Beach is in a two and four year cycle in electing the mayor and commissioners and suggested eight years. Chairman Wolfson moved that the charter be reviewed every eight years. Mr. Borno seconded the motion and the CRC approved it. There was discussion of how large the charter review committee should be and how the members should be selected. Mr. Borno suggested there should be no fewer than seven and no more than fifteen members. There was discussion of who should appoint the members of the committee. Mr. Vincent suggested considering who should be represented. If there was a committee of seven, each of the commissioners might appoint one person and the mayor could appoint three people. There was consensus that decisions by the charter review committee should require a super majority. There was discussion of whether the CRC should set a date for the formation of the next charter review committee. Chairman Wolfson stated that the date for the new committee should be calculated from the date that the current charter revisions are approved. City Attorney Komando will provide the language for this new section as well as a new title for Section 81. Article II Sec. 5. Number of commissioners; selection. Minutes of the Charter Review Committee of December 15, 2015 Page 3 of 6 Dr. Carver recommended that there be four district commissioners and that each of the district commission members be elected by those in their respective districts. She stated that the demographic composition of the districts was sufficiently different to justify election by district. Mr. Borno stated that he supports keeping four districts but he does not support election by those in the district. He believes each commissioner should consider the needs of the city as a whole. He does not want to see logrolling and vote trading. Ms. Clemens and Ms. Leroux indicated they supported election of the commissioners by those in the district, Ms. Leroux noted that those who live in a district have an in-depth knowledge of the needs of the district. Mr. Vincent noted that while he had grown up in Atlantic Beach, he only recently returned and does not feel prepared to take a stand on the issue of district versus at-large elections. Chairman Wolfson moved that the number of commissioners be increased to seven with the two additional commissioners elected at large and the four district commission members elected by those in the respective districts. The motion was seconded by Dr. Carver. Mr. Borno stated that the city had gone out of its way to help the west side of the city. He also noted that it was very difficult to get people to run for office. Chairman Wolfson stated that the staff works hard to make sure infrastructure is provided where it is needed. He is trying to ensure that there is equal representation for everyone. City Attorney Komando raised the issue of unanticipated consequences. With two more commissioners elected at large who would be more likely to come from the eastern part of the city,the west side might feel further disenfranchised. Ms. Clemens noted that when you had more representatives, you would get more feedback about city needs. The issue of cost was raised; two more commissioners would require offices, salaries, and staff time. City Manager Van Liere noted that two more commissioners would take 40 per cent more staff time. It might be necessary to hire an additional person. Chairman Wolfson pointed out that commissioners take staff time, but the staff is also responsible for running the city and maintaining its quality of life. Ms. Leroux noted that there is a perception by some that the current system does not provide them representation. Mr. Borno stated that many citizens send e-mails to all of the commissioners when they have concern about an issue. Ms. Clemens pointed out that many citizens do not know who their elected officials are. The vote was taken on Chairman Wolfson's motion to add two at large Minutes of the Charter Review Committee of December 15, 2015 Page 4 of 6 commissioners and elect the district commissioners by those in the district. It failed to pass on a vote of three for and three against. Dr. Carver moved that the four district commissioners be elected by the residents in their respective districts. Ms. Clemens seconded the motion. Mr. Vincent noted that the main argument cited against districting was that the commissioners would not think of the community as a whole. Dr. Carver stated that studies suggest electing by district is justified when there are significant demographic differences and/or barriers between the districts. Chairman Wolfson stated that Mayport Road is a barrier. There are different issues in the eastern and western parts of the city. He noted it is not just a perception; it is a real barrier. Children west of Mayport Road have to cross that road to get to the beach. Mr. Vincent stated that we are seeing more and more issues around economic inequality. Whether real or perceived,there is a sentiment of inequality of representation. City Manager Van Liere pointed out that only 103 people voted in one district in the last election for the commissioner representing that district. Ms. Leroux believes allowing those in the district to elect their commissioner is the right thing to do. Dr. Carver pointed out that turnout was higher in presidential and gubernatorial elections and having a commissioner elected in the district might increase turnout. Mr. Vincent suggested the low turnout might be due to feelings of not being represented. The CRC voted on the motion to elect each of the four district commissioners by those living in the respective districts. The motion received five votes in favor and one against, but it did not pass because it did not receive the six votes required for a supermajority. Mr. Vincent moved that in the report to the city commission by the CRC it should be noted that a majority of the committee,but not a supermajority, had voted in favor of the district elections. Dr. Carver seconded the motion. Five members voted favor of inclusion and one voted no. Thus, the motion did not receive the supermajority needed to pass. Dr. Carver moved that Article II, Sec. 5 be amended to provide that the mayor- commissioner shall be elected for a four-year term and shall not serve more than two consecutive terms. Chairman Wolfson seconded the motion. Dr. Carver cited the need for time to accomplish the goals set forth and the cost of running every two years. Mr. Borno stated the term should be kept at two years. It is a check and balance. Ms. Clemens stated she supported keeping the two-year term. Minutes of the Charter Review Committee of December 15, 2015 Page 5 of 6 Chairman Wolfson stated that the two-year term puts anyone who has not served on the commission or on city committees at a disadvantage. An inexperienced mayor would be a heavy burden on the time of the city manager and city clerk. City Manager Van Liere stated that the two-year term enables a city to get rid of a mayor doing a bad job or to re-elect one that is doing well. The motion for a four-year term for mayor was defeated 2 votes in favor and 4 against. City Attorney Komando pointed out that the date in Article 11, Sec. 5 should be changed from November 2007 to January 2013, the most recent date the precinct lines were drawn. Chairman Wolfson moved this change, which was seconded by Mr. Borno and passed by the CRC. Ms. Clemens noted that she still believes there should be a specific requirement in the Charter that anyone running for office must be a citizen. Chairman Wolfson stated that there would be a short meeting on January 15 to vote on the revised Article 81. A workshop will also be scheduled with the city commission at a date to be determined. City Attorney Komando stated that the CRC had made 38 proposed amendments. Mr. Borno thanked Chairman Wolfson for his leadership. Courtesy of the Floor to Visitors Chris Jorgensen, 92 West Third Street, expressed his concern over the defeat of the proposed election of commissioners by those in the district He noted that at the state and national levels we elect by district and he believes to have real representation, Atlantic Beach needs district elections. Adjournment of the meeting was moved by Mr. Borno, seconded by Ms. Clemens and passed. The meeting adjourned at 7:10 p.m. Doc Wolfson, Chairman Minutes of the Charter Review Committee of December 15, 2015 Page 6 of 6