02-28-24 Charter Review Committee Amended AgendaCity of Atlantic Beach
Amended Agenda
Charter Review Committee Meeting
Wednesday, February 28, 2024 - 6:00 p.m.
Commission Chamber, City Hall
800 Seminole Road, FL 32233
Page(s)
CALL TO ORDER AND ROLL CALL
1. APPROVAL OF MINUTES
1.A. Approve minutes of the January 24, 2024 Charter Review Committee meeting. 3 - 8
1-24-24 Charter Review Committee - Draft Minutes
2. PUBLIC COMMENT
3. MISCELLANEOUS BUSINESS
3.A. ARTICLE II. - THE COMMISSION and ARTICLE IX. - ELECTIONS
*Charter - Elections (Opt A) - 2-22-24 amended version
Charter - Elections (Opt B - JB & NB)
9-17
3.B. Review of proposed charter amendments 19 - 21
Summary of CRC Recommendations - Condensed Draft
3.C. ARTICLE II. - THE COMMISSION, Sec. 9. - Powers (Member Charles Drysdale) 23 - 24
Amendment for discussion
3.D. ARTICLE III. - THE CITY MANAGER, Sec. 25. (Member Mitch Reeves)
3.E. ARTICLE III. - THE CITY MANAGER, Sec. 22. - Qualifications (Secretary Jennifer 25 - 27
Lagner)
calcmaps 10 miles
calcmaps 15 miles
3.F. Other sections of the Charter
3.G. Future Meetings
• Schedule (previously set as Mar. 27, and Apr. 24 at 6 p.m.)
• Review of deliverable dates
• Topics for next meeting
• City staff attendance
4. ADJOURNMENT
This meeting will be live -streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, visit
Page 1 of 27
Charter Review Committee - 28 Feb 2024
www.coab.us/live.
Any person wishing to speak to the Charter Review Committee at this meeting should submit
a request prior to public comment. For your convenience, forms for this purpose are available
at the entrance to the Commission Chamber.
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's Office at (904) 247-5821 at least three business days prior to the
meeting.
Page 2 of 27
Agenda Item #1.A.
28 Feb 2024
Present:
Absent:
MINUTES
Charter Review Committee Meeting
Wednesday, January 24, 2024 - 6:00 PM
Commission Chamber, City Hall
800 Seminole Road, Atlantic Beach, FL 32233
William "Bill" Gulliford, Chair
Jennifer Lagner, Secretary
Bruce Andrews, Member
Charles "Chip" Drysdale, Member
Kelly Elmore, Member
Ellen Golombek, Member
Kirk Hansen, Member
Mitchell Reeves, Member
Dawn Scott, Member
Steve Swann, Member
Suzanne Shaughnessy, Vice Chair
Debbie Buckland, Member
Donald Young, Member
Also Present: Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
CALL TO ORDER AND ROLL CALL
Chair Gulliford called the meeting to order at 6:00 p.m. Secretary Lagner called the roll.
1. APPROVAL OF MINUTES
1.A. Approve minutes of the December 18, 2023 Charter Review Committee meeting.
MOTION: Approve minutes of the December 18, 2023 Charter Review Committee meeting.
Motion: Mitchell Reeves
Second: Kirk Hansen
William "Bill" Gulliford For
Jennifer Lagner For
Bruce Andrews For
Charles "Chip" Drysdale For
Kelly Elmore For
Ellen Golombek For
Kirk Hansen (Seconded By) For
Mitchell Reeves (Moved By) For
Dawn Scott For
Steve Swann For
Charter Review Committee
January 24, 2024
Page 1 of 6
Page 3 of 27
Agenda Item #1.A.
28 Feb 2024
Motion passed 10 to 0.
3.B. Environmental Stewardship Committee's Recommendation (Bruce Andrews)
MOTION: Add a new section to Article 1 entitled Sec. 5: Environmental Leadership that includes
the following language: To ensure the health and safety of its citizens and enhance property values, high
quality of life, and healthy environment, the City of Atlantic Beach shall continually improve its
leadership and preparation for sustainability, resilience, environmental stewardship, and protection of
tree canopy.
Motion: Bruce Andrews
Second: Ellen Golombek
General discussion ensued regarding the motion. Chair Gulliford opened the floor to public comment.
Sarah Boren, Atlantic Beach voiced support for motion presented by Member Bruce Andrews;
environmental responsibility is everyone's role. Property value enhancement is a benefit; environmental
stewardship is a Commission priority and is a fundamental part of our city.
Ellen Glasser, Atlantic Beach shared the ESC has become part of city operations; motion terms are not
nebulous. ESC and AB Preservation voted unanimously for the motion and are supportive of it to be
presented as a Charter amendment. Ms. Glasser pointed out Scrivener error that comma needed between
"citizens" and "property values" to be grammatically correct.
Michael Hoffmann, Atlantic Beach stated he believes the present electoral system dilutes the vote of
the west side of town and quality of life has suffered. Propose CRC set up a separate item on ballot to
ask voter if direct election, precinct rep or current system. Vote dilution is the problem; pointed out when
flyover vote was taken, there was no representation from the westside. He would like the voters to make
the choice. Referenced handout provided to CRC.
Amy Palmer, Atlantic Beach is supportive of motion presented by Bruce Andrews. A core value that
AB values is our environment and urges the CRC to include in the Charter.
Further discussion ensued regarding the motion and are alternatives to this is Commission setting
ordinances that are specific and have a call to action.
William "Bill" Gulliford Against
Jennifer Lagner Against
Bruce Andrews (Moved By) For
Charles "Chip" Drysdale Against
Kelly Elmore Against
Ellen Golombek (Seconded By) For
Kirk Hansen Against
Mitchell Reeves Against
Dawn Scott Against
Steve Swann For
Charter Review Committee
January 24, 2024
Page 2 of 6
Page 4 of 27
Agenda Item #1.A.
28 Feb 2024
Motion failed 3 to 7.
2. PUBLIC COMMENT
There was no additional public comment.
3. MISCELLANEOUS BUSINESS
A.
AGENDA ITEMS
ARTICLE IX. — ELECTIONS - Sec. 41. - Elections: General.
General reminder to change plurality throughout the section
Sec. 42. - Elections: Absentee voting.
NO CHANGES
Sec. 43. - Elections: Canvassing board, duties.
NO CHANGES
ARTICLE X. - INITIATIVE AND REFERENDUM - Sec. 44. - Power of initiative.
NO CHANGES
Sec. 45. - Power of referendum.
NO CHANGES
Sec. 46. - Form of petitions; committee of petitioners.
NO CHANGES
Sec. 47. - Filing, examination and certification of petitions.
NO CHANGES
Sec. 48. - Amendment of petitions.
NO CHANGES
Sec. 49. - Effect of certification of referendum petition.
NO CHANGES
Sec. 50. - Consideration by city commission.
NO CHANGES
Sec. 51. - Submission to electors.
NO CHANGES
Sec. 52. - Form of ballot for initiated and referred ordinances.
NO CHANGES
Sec. 53. - Availability of list of qualified electors.
NO CHANGES
Charter Review Committee
January 24, 2024
Page 3 of 6
Page 5 of 27
Agenda Item #1.A.
28 Feb 2024
Sec. 54. - Results of election.
NO CHANGES
Sec. 55. - Reserved.
NO CHANGES
ARTICLE XI. - RECALL ELECTIONS - Sec. 56. - Procedures.
NO CHANGES
ARTICLE XII. — FRANCHISES - Sec. 57. - Granting of franchises.
NO CHANGES
ARTICLE XIII - TAX ADMINISTRATION - Sec. 58. - Tax administration.
NO CHANGES
ARTICLE XIV. — ZONING - Sec. 59. - Zoning, land development regulations and
maximum building height.
NO CHANGES
ARTICLE XV. - MUNICIPAL BORROWING - Sec. 60. - Authority to borrow.
NO CHANGES
ARTICLE XVI. - SUITS AGAINST THE CITY - Sec. 61. - Suits.
NO CHANGES
ARTICLE XVII. - GENERAL AND MISCELLANEOUS PROVISIONS - Sec. 62. -
Removal of officers and employees.
NO CHANGES
Sec. 63. - Removal of members of boards, commissions, or agencies.
NO CHANGES
Sec. 64. - Investigations.
NO CHANGES
Sec. 65. - Publicity of records.
NO CHANGES
Sec. 66. - Personal interest.
NO CHANGES
Sec. 67. - Official bonds.
NO CHANGES
Sec. 68. - Oath of office.
NO CHANGES
Charter Review Committee
January 24, 2024
Page 4 of 6
Page 6 of 27
Sec. 69. - Effect of this charter on existing law.
NO CHANGES
Sec. 70. - Rights of officers and employees preserved.
NO CHANGES
Sec. 71. - Continuance of present officers.
NO CHANGES
Sec. 72. - Continuity of offices, boards, commissions or agencies.
NO CHANGES
Sec. 73. - Transfer of records and property.
NO CHANGES
Sec. 74. - Title to property reserved.
NO CHANGES
Sec. 75. - Continuance of contracts and public improvements.
NO CHANGES
Sec. 76. - Pending actions and proceedings.
NO CHANGES
Sec. 77. - Short title.
NO CHANGES
Sec. 78. - Severability clause.
NO CHANGES
7
Agenda Item #1.A.
28 Feb 2024
ARTICLE XVIII. - WHEN ACT TAKES EFFECT AND PERIODIC REVIEW - Sec. 79.
- Effective date of Act.;
NO CHANGES
Sec. 80. - Effect of changes in state law.
NO CHANGES
Sec. 81. - Periodic review
Discussion regarding a Scrivener change in the third paragraph to change "resolution" to
"ordinance" and the timing of when CRC members are selected. This is to be added to the list of
deliverables City Attorney Gabriel to address.
There was consensus for the CRC to make a recommendation to the Commission regarding the
process to how the CRC members are selected.
and other sections of the charter
Charter Review Committee
January 24, 2024
Page 5 of 6
Page 7 of 27
Agenda Item #1.A.
28 Feb 2024
General discussion ensued regarding review of proposed Charter amendments. Member Bruce
Andrews will review prior Charter Review Committee reports for suggestion to the CRC.
Carolyn Zisser, Atlantic Beach requests that any proposed language change to Section 41 be
distributed to all at least one week prior to the meeting.
B. Environmental Stewardship Committee's Recommendation (Bruce Andrews) Motion
requested by ESC
(This item was taken out of sequence and acted on earlier in the meeting.)
C. Future Meetings
• Review of proposed charter amendments and other sections of the charter
• Schedule (previously set as Feb. 28, Mar. 27, and Apr. 24 at 6 p.m.)
• Review of deliverable dates
• Topics for next meeting
• City staff attendance
4. ADJOURNMENT
There being no further discussion, Chair Gulliford declared the meeting adjourned at 7:40 p.m.
Attest:
Jennifer Lagner, Secretary William Gulliford, Chair
Date Approved:
Charter Review Committee
January 24, 2024
Page 6 of 6
Page 8 of 27
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE II. — THE COMMISSION
***
Sec. 12. - Vacancies in the city commission.
Agenda Item #3.A.
28 Feb 2024
If any vacancy occurs in the city commission, the city commission shall elect, within fifteen (15)
days of the vacancy, by the affirmative votes of not less than three members, an eligible person
as defined in Sec. [Section] 6 of this article to fill the vacancy until the next primary or general
election. as applicable.
***
Sec. 14. - Induction of city commission into office; meetings of the city commission.
After each primary election or general election (as applicable). the newly elected city
commissioners shall assume the duties of office at the regularly scheduled meeting of the city
commission held on the second Monday in November provided that the Supervisor of Elections
has certified the election results. If the election results for any contested city commission seat
cannot be certified prior to the meeting to be held on the second Monday in November, then any
newly elected city commissioners shall assume the duties of office at the next regularly
scheduled meeting of the city commission following receipt of the certified election results from
the Supervisor of Elections. Until the newly elected city commissioners assume the duties of
office, the previous sitting city commissioners shall remain in office. All other regular meetings
of the city commission shall be fixed by ordinance, but there shall not be less than one regular
meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S.
286.011), all meetings of the city commission shall be open to the public.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17)
***
ARTICLE IX. - ELECTIONS
Sec. 36. - Election regulations.
The city commission shall, by ordinance, make all regulations which it considers necessary, not
inconsistent with this Charter or state law, for the conduct of municipal elections and for the
prevention of fraud therein.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 37. - Nonpartisan elections.
53571776 vl
Page 9 of 27
Agenda Item #3.A.
28 Feb 2024
All elections for the office of commissioner and mayor -commissioner shall be conducted on a
nonpartisan basis without any designation of political party affiliation.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 38. - Electors; registration.
Any person who is qualified to register to vote and is a resident of Atlantic Beach who has
qualified as an elector of this state, and who registers in the manner prescribed by F.S. Chapter
98 and ordinances of Atlantic Beach, shall be a qualified elector of the municipality.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 39. - Nominations.
Any elector of the city having the additional qualifications and limitations as set forth in Article
II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only
by petition. A petition for this purpose shall be signed by not less than twenty-five (25) qualified
electors of the city. The signatures on the nominating petition need not all be subscribed on one
paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating
the number of signers of such paper and that each signature appended thereto was made in the
presence of the circulator and is the genuine signature of the person whose name it purports to
be. Each signer, including the circulator, shall provide his/her place of residence, including the
street and number. The form of the nomination petition shall be substantially as follows:
"We, the undersigned electors of the City of Atlantic Beach hereby nominate
whose residence is for the office of Commissioner, Seat No.
to be voted for at the election to be held on the day of ,
A.D., and we individually certify that our names appear on the rolls of
registered voters, and that we are qualified to vote for a candidate for the city
commission.
Name, street, and number address from which last date of
registered (if different) signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing
signatures. Each signature appended thereto was made in
my presence and is the genuine signature of the person whose
name it purports to be.
SIGNATURE OF CIRCULATOR
53571776 v1 2
Page 10 of 27
Agenda Item #3.A.
28 Feb 2024
ADDRESS:
Any signature made earlier than forty (40) days prior to the first day of
qualifying shall be void. All petitions must be filed with the city clerk no later
than 10 days prior to the qualifying period. The qualifying period will begin no
later than noon on the 71st day (Monday) prior to the general primary election and
will end at noon on the 67th day (Friday) prior the general primary election, as set
forth in Section 99.061(2), Florida Statutes. All other qualifying papers shall be
filed as one instrument with the city clerk during the qualifying period. The city
clerk shall make a record of the exact time at which each petition is filed, and
shall take and preserve the name and address of the person by whom it is filed. No
nominating petition shall be accepted unless accompanied by a signed acceptance
of the nomination in substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. on the city
commission and agree to serve if elected.
SIGNATURE OF CANDIDATE
Within two days after the filing of a nominating petition, the city clerk shall notify
the candidate and the person who filed the petition whether or not it is found to be
signed by the required number of qualified electors. If a petition is found
insufficient, the city clerk shall return it immediately to the person who filed it
with a statement certifying wherein the petition is found insufficient. Within the
regular time for filing petitions, such a petition may be amended and filed again
as a new petition, in which case the time of the first filing shall be disregarded in
determining the validity of signatures thereon, or a different petition may be filed
for the same candidate. The petition of each person nominated to be a member of
the city commission shall be preserved by the city clerk until the expiration of the
term of office for which the candidate has been nominated.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17)
Sec. 40. - Elections: Primary.
Tiro aro no v2irmry sections o a y ooat on tho Gity-Cmxisimion of the City of Atlantic
I4eash. A primary election for the nomination of candidates for the office of city commission of
the city shall be held in accordance with Section 100.061, Florida Statutes, for each seat on the
city commission which shall become vacant on the second Monday in November of the same
year. or when the newly elected city commissioners assume the duties of office in accordance
with Sec. 14 of this Charter. If at the primary election, a candidate receives a maioritv of all
votes cast, he or she shall be declared elected to office and his or her name shall not be placed on
the ballot at the general election. In the event that a candidate does not receive a maioritv of all
53571776 v1 3
Page 11 of 27
Agenda Item #3.A.
28 Feb 2024
the votes cast in the primary election, then the names of the candidates placing first and second
shall be placed on the ballot in the general election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23,
§ 1(Exh. A), 11-13-17)
Sec. 41. - Elections: General.
Beginning with the year 2019 next election after adoption:
A regular or general election of candidates or nominees to the office of city commissioner shall
be held every eve. r.•rrbercd y ar on the same day ac F\k ida's General Election in accordance
with Section 100.031, Florida Statutes, for that year for each seat on the city commission which
shall become vacant on the second Monday in November of the same year, or when the newly
elected city commissioners assume the duties of office in accordance with Sec. 14 of this
Charter, unless all vacancies have been determined by the primary election in accordance with
Sec. 40 of this Charter. The candidate or nominee receiving the plurality majority of votes cast
for each seat at such general election shall be declared elected. In the event of a tie between two
candidates in the general election the candidates shall draw lots in accordance with Florida
Statutes to determine the winner.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23,
§ 1(Exh. A), 11-13-17)
Sec. 42. - Elections: Absentee voting.
Except as herein specifically provided all elections and absentee voting in the city shall be
conducted in accordance with the provisions of F.S. Chapter 101.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 43. - Elections: Canvassing board, duties.
The City of Atlantic Beach delegates the election canvassing responsibilities for all city elections
to the Duval County Canvassing Board. The Canvassing Board 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 Chapters 101 and 102, Florida Statutes 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.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
53571776 v1 4
Page 12 of 27
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE II. — THE COMMISSION
***
Sec. 12. - Vacancies in the city commission.
Agenda Item #3.A.
28 Feb 2024
If any vacancy occurs in the city commission, the city commission shall elect, within fifteen (15)
days of the vacancy, by the affirmative votes of not less than three members, an eligible person
as defined in Sec. [Section] 6 of this article to fill the vacancy until the next primary or general
election, as applicable.
***
Sec. 14. - Induction of city commission into office; meetings of the city commission.
After each primary election or general election (as applicable), the newly elected city
commissioners shall assume the duties of office at the regularly scheduled meeting of the city
commission held on the second Monday in November provided that the Supervisor of Elections
has certified the election results. If the election results for any contested city commission seat
cannot be certified prior to the meeting to be held on the second Monday in November, then any
newly elected city commissioners shall assume the duties of office at the next regularly
scheduled meeting of the city commission following receipt of the certified election results from
the Supervisor of Elections. Until the newly elected city commissioners assume the duties of
office, the previous sitting city commissioners shall remain in office. All other regular meetings
of the city commission shall be fixed by ordinance, but there shall not be less than one regular
meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S.
286.011), all meetings of the city commission shall be open to the public.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17)
***
ARTICLE IX. - ELECTIONS
Sec. 36. - Election regulations.
The city commission shall, by ordinance, make all regulations which it considers necessary, not
inconsistent with this Charter or state law, for the conduct of municipal elections and for the
prevention of fraud therein.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 37. - Nonpartisan elections.
53575110 v1
Page 13 of 27
Agenda Item #3.A.
28 Feb 2024
All elections for the office of commissioner and mayor -commissioner shall be conducted on a
nonpartisan basis without any designation of political party affiliation.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 38. - Electors; registration.
Any person who is qualified to register to vote and is a resident of Atlantic Beach who has
qualified as an elector of this state, and who registers in the manner prescribed by F.S. Chapter
98 and ordinances of Atlantic Beach, shall be a qualified elector of the municipality.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 39. - Nominations.
Any elector of the city having the additional qualifications and limitations as set forth in Article
II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only
by petition. A petition for this purpose shall be signed by not less than twenty-five (25) qualified
electors of the city. The signatures on the nominating petition need not all be subscribed on one
paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating
the number of signers of such paper and that each signature appended thereto was made in the
presence of the circulator and is the genuine signature of the person whose name it purports to
be. Each signer, including the circulator, shall provide his/her place of residence, including the
street and number. The form of the nomination petition shall be substantially as follows:
"We, the undersigned electors of the City of Atlantic Beach hereby nominate
whose residence is for the office of Commissioner, Seat No.
to be voted for at the election to be held on the day of
A.D., and we individually certify that our names appear on the rolls of
registered voters, and that we are qualified to vote for a candidate for the city
commission.
Name, street, and number address from which last date of
registered (if different) signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing
signatures. Each signature appended thereto was made in
my presence and is the genuine signature of the person whose
name it purports to be.
SIGNATURE OF CIRCULATOR
53575110 vl 2
Page 14 of 27
Agenda Item #3.A.
28 Feb 2024
ADDRESS:
Any signature made earlier than forty (40) days prior to the first day of
qualifying shall be void. All petitions must be filed with the city clerk no later
than 10 days prior to the qualifying period. The qualifying period will begin no
later than noon on the 71st day (Monday) prior to the general primary election and
will end at noon on the 67th day (Friday) prior the general primary election, as set
forth in Section 99.061(2). Florida Statutes. All other qualifying papers shall be
filed as one instrument with the city clerk during the qualifying period. The city
clerk shall make a record of the exact time at which each petition is filed, and
shall take and preserve the name and address of the person by whom it is filed. No
nominating petition shall be accepted unless accompanied by a signed acceptance
of the nomination in substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. on the city
commission and agree to serve if elected.
SIGNATURE OF CANDIDATE
Within two days after the filing of a nominating petition, the city clerk shall notify
the candidate and the person who filed the petition whether or not it is found to be
signed by the required number of qualified electors. If a petition is found
insufficient, the city clerk shall return it immediately to the person who filed it
with a statement certifying wherein the petition is found insufficient. Within the
regular time for filing petitions, such a petition may be amended and filed again
as a new petition, in which case the time of the first filing shall be disregarded in
determining the validity of signatures thereon, or a different petition may be filed
for the same candidate. The petition of each person nominated to be a member of
the city commission shall be preserved by the city clerk until the expiration of the
term of office for which the candidate has been nominated.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17)
Sec. 40. - Elections: Primary.
T-hm aro no r2irnari elections for nay oeat on the City Convisooion of the City of Atlantic
Beach. When more than two (2) candidates are running for the same elective office, the primary
election shall be held only for the municipal offices that have more than two candidates running
for the same seat. Such primary election shall be set in accordance with Section 100.061. Florida
Statutes for that year for each seat on the city commission which shall become vacant on the
second Monday in November of the same year, or when the newly elected city commissioners
assume the duties of office in accordance with Sec. 14 of this Charter. If at the primary election,
a candidate receives a majority of all votes cast, he or she shall be declared elected of office and
53575110 v1 3
Page 15 of 27
Agenda Item #3.A.
28 Feb 2024
his or her name shall not be placed on the ballot in the general election. In the event that a
candidate does not receive a maioritv of all the votes cast in the primary election. then the names
of the candidates placing first and second shall be placed on the ballot in the general election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23,
§ 1(Exh. A), 11-13-17)
Sec. 41. - Elections: General.
Beginning with the year 2019 next election after adoption:
A regular or general election of candidates or nominees to the office of city auw �i&sioner shall
be held every evan n i - red y ar on the same day as Florida's General Election When two (2)
candidates are running for the same elective office, the general election shall be set according to
Section 100.031, Florida Statutes for that year for each seat on the city commission which shall
become vacant on the second Monday in November of the same year, or when the newly elected
city commissioners assume the duties of office in accordance with Sec. 14 of this Charter. The
candidate or nominee receiving the plurality majority of votes cast for each seat at such general
election shall be declared elected. In the event of a tie between two candidates in the general
election the candidates shall draw lots in accordance with Florida Statutes to determine the
winner.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23,
§ 1(Exh. A), 11-13-17)
Sec. 42. - Elections: Absentee voting.
Except as herein specifically provided all elections and absentee voting in the city shall be
conducted in accordance with the provisions of F.S. Chapter 101.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 43. - Elections: Canvassing board, duties.
The City of Atlantic Beach delegates the election canvassing responsibilities for all city elections
to the Duval County Canvassing Board. The Canvassing Board 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 Chapters 101 and 102, Florida Statutes 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.
53575110 v1 4
Page 16 of 27
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
53575110 vl 5
Agenda Item #3.A.
28 Feb 2024
Page 17 of 27
Page 18 of 27
Agenda Item #3.B.
28 Feb 2024
As of 2/20/24
SUMMARY OF RECOMMENDATIONS REGARDING CHARTER REVIEW — CONDENSED DRAFT
ARTICLE II. - THE COMMISSION
Sec. 5. - Number of commissioners; selection; term.
APRIL 26, 2023 meeting
MOTION: Upon further review of the 2007 Representation Study Committee Report, I so move
to continue district representation in Atlantic Beach as recommendation by the District
Representation Committee, accepted by the City Commission, and approved by majority vote in
the 2007 city-wide referendum that each commission member live in the district/precinct from
which he or she runs and that the candidates be voted on citywide. The districts should be equal
in population and to the degree possible should maintain the integrity of neighborhoods and
communities of interest.
Sec. 6. - Qualifications and disqualifications.
Mav 24, 2023
AMENDED MOTION: To extend residency requirement from two years to four years
REVISED 7/26/23 MEETING - MOTION: Shall be full time resident of the city for four years
immediately prior to qualifying and shall be elector in the city for four years.
Sec. 9. - Powers.
(14) Provide for the protection and preservation of parks as follows: 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 long term, 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 unanimous vote of the entire city commission.
June 28. 2023
MOTION: change wording for #14 of the powers "is approved by unanimous vote of the entire
city commission." to "vote by referendum".
Sec. 10. - Appointment of city manager.
The city commission shall appoint an administrative officer of the city, who shall have the title of
city manager, who shall have the powers and perform the duties provided in this Charter and
who shall be compensated at a rate set by the city commission. No member of the city
commission shall receive such appointment during the term for which the person shall have
been elected, nor within two years after the expiration of the person's term. 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.
July 26, 2023
AMENDED MOTION: The City Commission shall establish clear rules and processes through
ordinance to appoint an administrative officer of the city
1
Page 19 of 27
Agenda Item #3.B.
28 Feb 2024
As of 2/20/24
December 18, 2023
MOTION: section 25 to say "not less than 75% of the voting commissioners"
Sec. 14. - Induction of city commission into office; meetings of the city commission.
After each general election, the newly elected city commissioners shall assume the duties of
office at the regularly scheduled meeting of the city commission held on the second Monday in
November provided that the Supervisor of Elections has certified the election results. If the
election results for any contested city commission seat cannot be certified prior to the meeting
to be held on the second Monday in November, then any newly elected city commissioners shall
assume the duties of office at the next regularly scheduled meeting of the city commission
following receipt of the certified election results from the Supervisor of Elections. Until the
newly elected city commissioners assume the duties of office, the previous sitting city
commissioners shall remain in office. All other regular meetings of the city commission shall be
fixed by ordinance, but there shall not be less than one regular meeting each month. Except as
provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city
commission shall be open to the public.
July 26, 2023
AMENDED MOTION: Remove the second Monday and change to newly elected city
commission assume the duties of the office at the next regularly scheduled meeting of CC
following receipt of certified election results and to not have old and new together.
ARTICLE III. - THE CITY MANAGER
Sec. 24. - Absence of the city manager.
September 27, 2023
LANGUAGE TO BE PROVIDED BY CITY ATTORNEY at request of Vice Chair Suzanne S.
Sec. 25. - Removal of the city manager.
The city manager shall serve at the pleasure of the city commission. The city commission may
remove the city manager by the affirmative vote of not less than three (3) of its members.
September 27. 2023
MOTION: The city manager shall serve at the pleasure of the city commission. The city
commission may remove the city manager for any or no reason by the affirmative vote of not
less than four (4) of its members.
December 18, 2023
MOTION: The city manager shall serve at the pleasure of the city commission. The city
commission may remove the city manager for any or no reason by the affirmative vote of not
less than 75% of the voting commissioners.
ARTICLE IV. - THE CITY CLERK
Sec. 28. - Appointment; duties.
2
Page 20 of 27
Agenda Item #3.B.
28 Feb 2024
As of 2/20/24
The city commission shall appoint an executive officer to serve the city commission and to
assure that all its enactments are effectively carried out. The title of the executive officer shall
be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the
city commission.
The duties of the city clerk shall be to:
(1) Establish and maintain a line of communication with the city manager; and
(2) Prepare an agenda for every commission meeting and a permanent record of each such
meeting; and
(3) Disseminate information as necessary about activities, findings, or decisions of the city
commission; and
(4) Provide the city commission with information as requested about programs of the city
government; and
(5) Serve as supervisor of election for city elections; and
(6) Serve as custodian of all city records and the seal of the city; and
(7) Administer oaths; and
(8) Conduct such other activities as may be specified by this Charter, the city code or the city
commission.
October 25. 2023
MOTION: Change "Serve as supervisor of election for city elections" to "Serve as filing officer
for city elections"
ARTICLE IX. - ELECTIONS
Sec. 40. - Elections: Primary.
Sec. 41. - Elections: General.
December 18. 2023
MOTION: amend sections 40 and 41 in accordance with language consistent with Neptune
Beach and Jacksonville Beach after reviewed by attorney and sent to Jerry Holland for further
clarification.
3
Page 21 of 27
Page 22 of 27
Agenda Item #3.C.
28 Feb 2024
EG - 9/17/23
Attachment
Sec. 9. - Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the determination of all matters of
policy shall be vested in the city commission. Without limitation of the foregoing, the city commission shall have
power to:
(1) Adopt a budget;
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness;
(3) Establish or abolish official boards and elect the members thereof as recommended by the mayor;
(4) Adopt and modify the official map of the city;
(5) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage
of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and
the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes;
(6) Provide for an independent audit;
(7) 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;
(8) Lease golf courses, hospitals and airports, or any portion thereof, after the city commission has passed an
ordinance authorizing any such lease;
(9) Sell golf courses 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:
(a) there is a finding that public welfare no longer requires the operation of any such facility; and
(b) 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;
(10) Provide rules and regulations for all purchases and sales made for and in behalf of the city;
(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;
(12) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida
to city commissions not inconsistent with the provisions of this Charter.
(13) The mayor pro tempore shall be appointed by the city commission from its members.
(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 long term, gifted, changed in description or use, or otherwise disposed of; and no structure shall be
Page 23 of 27
Agenda Item #3.C.
28 Feb 2024
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 ordinance with a unanimous vote of the entire
city commission, and after such ordinance has been submitted to the qualified voters of the city at an election
called for that purpose;
(15) Exercise any authority permitted by law for the protection and preservation of beaches, marshes, maritime
tree canopy, and property through environmental stewardship, resilience, and sustainability measures.
(Ord. No. 33-15-19, § 1 (Exh. A), 5-11-15)
Page 24 of 27
2/18/24, 7:43 PM
calcmaps.com
Agenda Item #3.E.
28 Feb 2024
calcmaps.com
Radius: 16093 m 1 16.09 km 1 10.00 mil 52799 ft 1 17599.5 yd 1 8.69 nm
Circle Area: 813624271 m2 1813.62 km2 1 314.14 mit 1 8757779323 ft2
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Page 26 of 27
Agenda Item #3.E.
28 Feb 2024
2/18/24, 7:44 PM calcmaps.com
calcmaps.com
Radius: 24140 m1 24.14 km 1 15.00 mil 79199111 26399.8 yd 1 13.03 nm
Circle Area: 1630730446 m21 1830.73 km2 1 705.85 mi2 1 1 970581 9782 112
Lat,Lon: 30.33264,-81.40280
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