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referendum be repealed?'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.
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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.
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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
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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.
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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