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01-26-15 Agenda Packet CC and CRC Joint Workshop 1 CITY OF ATLANTIC BEACH CITY COMMISSION AND CHARTER REVIEW COMMITTEE JOINT WORKSHOP January 26, 2015 – 5:00 p.m. AGENDA Call to order. 1. Approval of Minutes of the Final Charter Review Committee meeting of January 15, 2015. 2. Courtesy of the Floor to Visitors. 3. Discussion of Proposed Amendments. 4. Future Workshop Schedule Adjourn Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Meeting Videos tab located on the home page of the City’s website at www.coab.us. 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 p.m., Friday, January 23, 2015. Minutes Charter Review Committee Meeting January 15, 2015 City Hall, 800 Seminole Road In Attendance: Committee Members Don Wolfson, Chairman City Manager Nelson Van Liere Mark Tomaski, Vice Chairman City Attorney R. Komando Joan Carver, Secretary City Clerk Donna Bartle Katherine Carithers Sally Clemens Judith Leroux David Vincent Absent Mike Borno Tom Goodrich Call to Order Chairman Wolfson called the seventeenth meeting of the Charter Review Committee to order at 5:00 p.m. He asked if there were corrections to the minutes of the meeting of December 15, 2014. Dr. Carver stated that in the paragraph relating to Mr. Vincent’s motion to include in the report to the city commission the fact that the vote on district elections failed because of the lack of a super majority, the sentence; “Thus, the motion did not receive the super majority needed to pass” should be deleted since a super majority is not required on issues not related to charter changes. Ms. Clemens noted that in the statement that anyone running for office must be a citizen the word “verified United States” should be placed before the word citizen. Ms. Leroux moved the acceptance of the minutes as corrected. The motion was seconded by Ms. Clemens and passed. Courtesy of the Floor to Visitors Chris Jorgensen, 92 West Third Street, noted that he is disappointed that the CRC is not recommending election by district for the city commission. He feels it is part of the American system to elect by district. He stated that he wants citizens to be aware that in this city commissioners, who are like representatives at the national level, are elected at large. He considers this to be like “bait and switch.” He wants to keep this issue alive. Chairman Wolfson thanked Mr. Jorgensen for his attendance at the meetings. He noted that the process works when there is citizen input and open debate. He encouraged Mr. Jorgensen to continue to follow the process. Draft Minutes of the Charter Review Committee on January 15, 2015 Page 2 of 3 Unfinished Business from Previous Meetings Article XVIII. Sec. 81 Chairman Wolfson asked for comments on the revised Section 81, as drafted by City Attorney Komando. Dr. Carver stated that as she recalled the discussion at the prior meeting a range of from seven to fifteen electors had been suggested for the committee. There was discussion of the appropriate size. Chairman Wolfson observed that nine had worked well for the current committee. Dr. Tomaski noted that charter review committees are often larger in number, while City Attorney Komando stated some committees might be quite small. Chairman Wolfson responded to City Manager Van Liere’s concern about finding interested people to serve by noting the leadership of the city might need to recruit citizens for the committee. Ms. Leroux and Ms. Carithers both felt that a larger size allows for a greater diversity of views. Dr. Carver moved that the first sentence of Section 81 be changed to read: “ A Charter Review Committee consisting of from nine (9) to fifteen (15) electors of the City shall be appointed….” Chairman Wolfson seconded the motion and it passed unanimously. Ms. Carithers moved that a provision be added that the committee should be appointed in January of the year preceding the regular municipal election to ensure there is sufficient time for the committee work and public input. Ms. Leroux seconded the motion and it was approved. Mr. Vincent moved and Ms. Clemens seconded the motion that the word general election be replaced by regular municipal election. The motion was approved. Mr. Vincent moved that ninety (90) days in the second and in the third paragraphs of Section 81 be replaced by one hundred and eighty (180) days. Dr. Tomaski seconded the motion and it was approved. Mr. Vincent moved the approval of Section 81 as amended. The motion was seconded by Ms. Leroux and approved by the committee. Report to the Commission and Joint Workshop There was a brief discussion of the committee’s report to the city commission. City Attorney Komando suggested including a brief cover letter, the spreadsheet of the recommendations and the number of meetings the committee held. January 26 or February 23 was suggested as a possible time for a joint workshop with the city commission. City Attorney Komando suggested that the workshop might be held at 5:00 p.m. before the city commission meeting. Ms. Leroux stated that the recommendation from the committee that a coastal planning committee be established should be included in the report. Mr. Vincent stated that he visualized the report as including a simple cover letter, a spread sheet with the recommendations, and an addendum with the coastal committee recommendation and the vote on electing district commissioners by those in the district rather than at large. Draft Minutes of the Charter Review Committee on January 15, 2015 Page 3 of 3 Miscellaneous Business Chairman Wolfson asked City Attorney Komando if the committee could re-consider its vote on district elections, Article II, Section 5. City Attorney Komando indicated that the vote could be re-considered. A motion to reconsider was moved by Ms. Clemens, seconded by Dr. Carver and passed by the committee. Chairman Wolfson pointed out that City Manager Van Liere had observed that only one hundred people had voted in one district in the last municipal election. Dr. Tomaski stated that the number of voters was not of great concern to him. He cited the difference in number of voters for senators in Wyoming and Florida. Ms. Leroux suggested that people might not turn out for elections because they don’t feel represented. Chairman Wolfson mentioned that his proposal for four commissioners elected by district and two at-large and the mayor-commissioner elected at-large was designed to provide a balance. Ms. Leroux observed that the people who have come to speak to the committee have stated that they did not feel represented when their district commissioner is elected at-large. She noted that any kind of change is viewed as a danger. Chairman Wolfson asked Ms. Carithers what the thinking of the District Representation Committee was when it recommended that district commissioners must live in their district but be elected at-large. She stated that there was a lot of back and forth discussion but there had to be compromise to get the districts. City Attorney Komando expressed concern that a district’s citizens might feel further disenfranchised by having only one vote out of four. Ms. Leroux noted that running in a district would reduce the cost of campaigning. Ms. Clemens stated it is time to try district election. Dr. Tomaski moved that Article II. Section 5 specify that Seats 2 through 5 shall be elected by their respective districts. Mr. Vincent seconded the motion and it was passed by a vote of seven to zero (7 -0). Ms. Clemens stated that the names of the committee members should accompany the report to the city commission. Dr. Tomaski stated that the boundary description of Atlantic Beach in the Charter and the land plats have some discrepancies. He noted that he has a personal interest in the issue. Chairman Wolfson moved that the committee request that the city ensure that the descriptions of its boundaries are accurate. The motion was seconded by Ms. Carithers and passed by a vote of six to zero with Dr. Tomaski abstaining. Chairman Wolfson thanked the staff and members of the CRC for their work. Adjournment of the meeting was moved by Mr.Vincent, seconded by Ms. Leroux, and passed. The meeting adjourned at 7:00 p.m. ____________________________________________________________ Don Wolfson, Chairman Page 1 Date(s) Reviewed Article / Section Proposed Language Amendment 6/12/2014 Article I / Section 2 ... and running thence northerly along said low water mark of the Atlantic Ocean to the point or place of beginning; excepting from the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by Selva Marina Country Club Atlantic Beach Country Club as described in deed recorded in Volume 652, page 484, Official Records of Duval County; ... 6/12/2014 Article II / Section 6 Members of the city commission shall have been full-time residents of the city for at least one year two years immediately prior to qualifying. 6/26/2014 Article II / Section 8 … In the temporary absence or disability of the mayor-commissioner, all duties of the mayor-commissioner shall be performed by the mayor pro tempore who shall be appointed by the city commission from its members. 6/26/2014 Article II / Section 9 (13) The mayor pro tempore shall be appointed by the city commission from its members. 6/26/2014 Article II / Section 9 (3) Establish or abolish official boards and elect the members thereof as recommended by the mayor; 6/26/2014 Article II / Section 9 Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not longer than ninety (90) days, or as otherwise provided for by Florida Statutes; 7/17/2014 Article II / Section 9(8)Leasegolfcourses,hospitals,and airportsand parks,or anyportion thereof,afterthe city commission has passed an ordinance authorizing any such lease; City of Atlantic Beach Charter Review Committee Page 2 7/17/2014 7/24/2014 12/15/2014 Article II / Section 9(9)Sell golf courses, hospitals, airports, parks and the public utility system, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance that: in which (a) there is a finding that public welfare no longer requires the operation of any such facility; and (b) in which are stated the terms of sale of real property within the city limits are stated; and (c) after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose;. 7/17/2014 Article II / Section 10 In the event the City Manager is removed or incapacitated and unable to appoint a substitute as required in Sec. [Section] 24 of this Charter, the city commission shall appoint someone to perform the duties of the city manager. 7/24/2014 Article II / Section 8 The mayor-commissioner shall have no regular administrative duties except as authorized in this Charter but may appoint, from time to time, such special or select committees as in his discretion he deems desirable or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. Other members of the commission may on occasion appoint special or selectcommittees with the approval of a majority of the commission. 7/24/2014 Article II / Section 9 [revised language by City Attorney] (14) Provide for the protection and preservation of parks as follow: Any real property owned by the city which is used principally or held out for use as a public park, shall be used only as a public park; and parks shall not be sold, leased, gifted, changed in description or use, or otherwise disposed of; and no structure shall be built in any such park to accommodate activities not customarily associated with park use or outdoor recreation; unless such sale, lease disposal, gift or structure is approved by voter referendum. 7/24/2014 Article II / Section 11 The city manager and city clerk may request, if they deem it necessary, appoint a deputy city manager and deputy city clerk, respectively, to be hired as approved by the city commission and who shall be compensated at a rate set by the city commission. 8/7/2014 Article II / Section 20 Sec. 20. - Right Attendance of city manager and other officers in city commission. Page 3 8/21/2014 Article II / Section 16 The City Commission shall determine its own rules and order of business. It shall require a journal or that minutes of its proceedings to be kept. and the journal or The minutes shall be open and remotely available to the public inspection in a timely manner, through commonly accepted methods. 8/21/2014 Article III / Section 22(2)Not less than three (3) years of administrative experience as a city, municipal, or county, or state government administrator serving in at least a department head or the equivilent in responsibility; and / or chief administrative or executive officer or as an assistant or deputy city manager. 8/21/2014 Article III / Section 22(1)Possession of at least a baccalaureate degree preferably in Public Administration or a directly related field from a college or university accredited by a recognized accreditation agency in the United States or from a recognized college or university outside of the United States, which is acceptable to the city commission; and 8/21/2014 Article III Section 22(4)Two years of additional experience acceptable to the city commission may be substituted for each year of education towards a baccalaureate degree, up to a maximum of eight years. 8/21/2014 9/11/2014 Article III / Section 24 The duties of the city manager during any temporary absence or disability shall be carried out by a deputy city manager, or in the absence of the latter, by another administrative officer of the city designated first by the city manager or second, by a majority of the city commissionthe deputy city manager. 9/11/2014 Article III / Section 22 At the time of appointment, the new city manager need not be a resident of the city or state, but during the tenure of office shall reside within the city of Atlantic Beach. Residency requirements for the city manager shall be established by ordinance. 9/11/2014 Article IV / Section 28(4)Provide the city commission with information periodic reports as requested about the effectiveness and efficiency of the legislative programs of the city government; and Page 4 9/25/2014 Article IV / Section 29(1)At least a baccalaureate preferably in Business Administration or a related field acceptable to the city commission from a college or university accredited by a recognized accreditation agency in the United States or from a recognized college or university outside of the United States which is acceptable to the city commission; and 9/25/2014 Article V / Section 31 The city commission shall appoint a city attorney, which may be a law firm, who shall be an attorney with at least five years of experience in the practice of general, civil or municipal law, admitted in and having authority to practice in all courts of this state, and who shall be compensated at a rate set by the city commission. 9/25/2014 Article V / Section 32 (6) The city attorney shall serve at the pleasure of the city commission. The city commission may remove the city attorney by the affirmative vote of not less than three (3) of its members. 10/9/2014 Article XVI Section 61 First Paragraph No suit shall bebrought against the city for damagesarising out of an alleged tortious act, unless all provisions of state law have been met. 10/9/2014 Article II / Section 9(11)Appoint, remove and fix the compensation of all officers and employees appointed by the city commission as hereinafter provided; the city commission shall perform an annual performance review of the city clerk, city manager and city attorney. 10/23/2014 Article IX / Section 36 Sec. 36. - Elections Regulations. 10/23/2014 Article IX / Section 39 A petition for this purpose shall be signed by not less than ten (10) twenty-five(25) qualified electors of the city. 10/23/2014 Article X / Section 44 ... Any initiated ordinance may be submitted to the city commission by a petition signed by registered electors of the city equal in number to at least twenty-five per centum (25%) ten percent (10%) of the registered electors at the last regular municipal election. Page 5 10/23/2014 Article X / Section 45 Within twenty 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 twenty-five per centum (25%) ten percent (10%)of the registered electors at the last preceding regular municipal election may be filed with the city clerk requesting any such ordinance be either repealed by the city commission or submitted to a vote of the electors. 10/23/2014 Article X / Section 47 Within twenty thirty (30) days after a petition is filed, the city clerk shall determine whether each page of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. 11/6/2014 Article X / Section 51 If the city commission shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth, or if the city commission fails to repeal an ordinance referred for reconsideration, the proposed or referred ordinance shall be submitted to the electors not less than thirty (30) days nor more than one year from the date the city commission takes its final vote. If no regular election is to be held within the specified time frame, the city commission may shall provide for a special election. Page 6 11/20/2014 12/4/2014 12/15/2014 Article IX / Section 43 The City of Atlantic Beach Canvassing Board shall be composed of the City Attorney, City Manager and City Clerk delegates the election canvassing responsibilities for all city elections to the Duval County Canvassing Board. 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 may meet in Atlantic Beach, or at a location as 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. 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. 11/20/2014 Article X / Section 53 Lists of qualified electors or registers may be purchased obtained from the Supervisor of Elections for Duval County in accordance with the provisions of F.S. 98.045(3) 98.211. 11/20/2014 Article X / Section 55 Initiated and referred ordinances may be amended or repealed only by a four-fifths affirmative vote of the full city commission following a public hearing. 11/20/2014 Article XIV / Section 59 The only property excepted from this height limitation shall be certain parts of the existing Sea Turtle Inn hotel property, located at 1 Ocean Boulevard, Atlantic Beach, Florida, which property is bounded by Ahern Street on the north, the Atlantic Ocean on the east, Atlantic Boulevard on the south, and Ocean Boulevard on the west, and only those parts of said property as follows: ... Page 7 12/4/2014 12/15/2014 Article X / Section 50 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 upon the proposed ordinance. The city commission shall take final action on the ordinance not later than sixty (60) days 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 full 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 such reconsideration and the question shall be, "Shall the ordinance specified in the referendum be repealed?" Such final action shall also be decided by at least a four-fifths affirmative vote of the full city commission. 12/15/2014 Article XVI Section 61 Second paragraph Upon receiving notice of any suit, 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 by an injured party the city commission may, by ordinance, make a settlement of the claim. Page 8 12/15/2014 1/15/2015 Article II / Section 5 Motion to Reconsider The city commission shall consist of five (5) electors of the City of Atlantic Beach who have the qualifications as defined in section 6 of this Charter,. Seat 1 shall be elected at large, and seats 2 through 5 shall be elected by their respective districts, without regard for any designation of political party affiliation. The seats shall be known as seats 1 through 5 respectively, and seat 1 shall be designed as the mayor- commissioner. Seats 2 through 5 shall be designated as district commissioners, with each commissioner required to reside within the district from which he or she is elected. The four (4) districts shall be created using the precinct lines existing as of November, 2007, January, 2013, as a beginning point, shall be established by ordinance, shall be as equal in population as possible, and to the extent possible shall maintain the integrity of neighborhoods and communities of interest. The mayor- commissioner shall be elected for two-year terms and the terms for seats 2 through 5 shall each be four years. Effective with the municipal election in October, 1993, anyone elected or appointed to the office of mayor-commissioner shall not serve more than four (4) consecutive two-year terms; and any elected or appointed to commission seats 2 through 5 shall not serve more than two (2) consecutive four-year terms. Serving any part of a term shall be considered a full term. Nothing contained herein shall prevent anyone who has served as a city commissioner from being appointed or elected to the position of mayor-commissioner and then serving in that capacity four (4) consecutive two-year terms. 12/15/2014 Article XVIII ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REVIEW Page 9 12/15/2014 1/15/2015 Article XVIII / Section 81 A Charter Review Commitee consisting of at least nine (9) and no more than fifteen (15) electors of the City shall be appointed by the City Commission every eight (8) years to review the City Charter and propose any amendments or revisions, which may be advisable for placement on the regular municipal election ballot. The City Commission shall appoint the Charter Review Committee in January of the year immediately preceeding the election with a definite and specific charge. The Charter Review Committee shall meet for the purpose of organization within thirty (30) days after the appointments have been made. The Charter Review Committee shall elect a chair and vice chair from among its membership. Further meetings of the Charter Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review Committee. All meetings shall be open to the public. No Charter amendment or revision shall be submitted to the electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review Committee. No later than one-hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee shall deliver to the City Commission the proposed amendments or revisions, if any, to the City Charter. Each proposed amendment shall embrace but one subject and matter directly connected therewith. The City Commission may by resolution place such amendments or revisions as approved by the Charter Review Committee on the next regular municipal election ballot. If a majority of the electors voting on the amendments or revisions favor adoption, such amendments or revisions shall become effective on January 1 of the succeeding year or such other time as the amendment or revision shall provide. If the Charter Review Committee does not submit any proposed Charter amendments or revisions to the City Comission at least one-hundred and eighty (180) days prior to the regular municipal election, the Charter Review Committee shall be automatically dissolved. Otherwise, upon acceptance, further amendement or rejection of the proposed amendments or revisions by the City Commission, the Charter Review Committee shall be automatically dissolved.