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
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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.