03-27-24 Charter Review Committee - Amended AgendaCity of Atlantic Beach
Amended Agenda
Charter Review Committee Meeting
Wednesday, March 27, 2024 - 6:00 p.m.
Commission Chamber, City Hall
800 Seminole Road, Atlantic Beach, FL 32233
Page(s)
CALL TO ORDER AND ROLL CALL
1. APPROVAL OF MINUTES
1.A. Approve minutes of the February 28, 2024 Charter Review Committee meeting. 3 - 11
2-28-2024 CRC Meeting - Draft Minutes
2. PUBLIC COMMENT
3. MISCELLANEOUS BUSINESS
3.A. ARTICLE III. - THE CITY MANAGER, Sec. 22. - Qualifications; other sections
3.B. Proposed Charter Amendments
3.C. Final submission of any item or consideration by any committee member
3.D. How drawing of districts is done
3.E. Schedule (previously set as Apr. 24 at 6 p.m.)
3.F. Review of Deliverable Dates
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
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) 200-9790 at least three business days prior to the
meeting. .
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Agenda Item #1.A.
27 Mar 2024
ATTENDANCE:
Present:
MINUTES
Charter Review Committee Meeting
Wednesday, February 28, 2024 - 6:00 PM
Commission Chamber, City Hall
800 Seminole Road, Atlantic Beach, FL 32233
William "Bill" Gulliford, Chair
Suzanne Shaughnessy, Vice Chair
Bruce Andrews, Member
Debbie Buckland, Member
Charles "Chip" Drysdale, Member
Kelly Elmore, Member
Ellen Golombek, Member
Kirk Hansen, Member
Mitchell Reeves, Member
Dawn Scott, Member
Steve Swann, Member
Donald Young, Member
Absent: Jennifer Lagner, Secretary
Also Present: Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
CALL TO ORDER AND ROLL CALL
Chair Gulliford requested a substitute member to take the minutes in the absence of Jennifer
Lagner. No one volunteered to take minutes so the minutes would be put together using the
video and assistance from City Clerk Donna Bartle. Vice Chair Suzanne Shaughnessy called the
roll.
1. APPROVAL OF MINUTES
A. Approve minutes of the January 24, 2024 Charter Review Committee meeting.
MOTION: Approve minutes of the January 24, 2024 meeting.
Motion: Bruce Andrews
Second: Steve Swann
William "Bill" Gulliford For
Suzanne Shaughnessy For
Bruce Andrews (Moved By) For
Debbie Buckland For
Charles "Chip" Drysdale For
Kelly Elmore For
Charter Review Committee
February 28, 2024
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Agenda Item #1.A.
27 Mar 2024
Ellen Golombek For
Kirk Hansen For
Mitchell Reeves For
Dawn Scott For
Steve Swann (Seconded By) For
Donald Young For
Motion passed 12 to 0.
2. PUBLIC COMMENT
Ellen Glasser, Atlantic Beach spoke in support of a motion for environmental
stewardship be included in Sec. 9 of the Charter, powers of the Commission.
Don Wolfson, Atlantic Beach mentioned in minutes there were no changes in Sec. 59,
which was accurate, but he sent a historical explanation as to why the 35 feet is in the
Charter and not in the Code (which is attached hereto and made of this Official Record
as Attachment A). He would like this on the record for the next CRC. He stated the
electorate did not want to put into the Code because the next group might not understand.
Michael Hoffmann, Atlantic Beach referred to the documents he emailed to the CRC
and mentioned the flyover was during a time when the westside did not have a
representative. He reviewed the precinct boundaries and implored the CRC to have the
voters decide the issue but not in a primary election when voter turnout is low.
Attachme0r A to 2-28-2024 CRC Minutes
3. MISCELLANEOUS BUSINESS
A. ARTICLE II. - THE COMMISSION and ARTICLE IX. - ELECTIONS
NOTION:
Approve Option B (agenda pages 13-17) — election language consistent with Jacksonville Beach
and Neptune Beach, to which there is a primary only if there are more than two candidates.
Motion: Mitchell Reeves
Second: Ellen Golombek
Discussion ensued regarding the motion and proposed changes related to having a 50% + 1 to
prevail in election.
Dr. Nancy Staats, Atlantic Beach stated a benefit to the proposed motion was a cost savings so
only one election would be had.
Member Ellen Golombek clarified that due to the timing, there is no savings nor cost due to the
timing of elections to be consistent with the other municipalities.
Charter Review Committee
February 28, 2024
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Agenda Item #1.A.
27 Mar 2024
With no further discussion, Chairman Gulliford called for a vote.
William "Bill" Gulliford For
Suzanne Shaughnessy For
Bruce Andrews For
Debbie Buckland For
Charles "Chip" Drysdale For
Kelly Elmore For
Ellen Golombek (Seconded By) For
Kirk Hansen For
Mitchell Reeves (Moved By) For
Dawn Scott For
Steve Swann For
Donald Young For
Motion passed 12 to 0.
B. Review of proposed charter amendments
Moved to later in the meeting.
C. ARTICLE II. - THE COMMISSION, Sec. 9. - Powers (Member Charles Drysdale)
MOTION: Add "(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."
Motion: Charles "Chip" Drysdale
Second: Kirk Hansen
(No Vote Taken)
MOTION: Amended motion: Add "(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 sustfeinzJiiiity measures."
Motion: Kirk Hansen
Second: Mitchell Reeves
William "Bill" Gulliford For
Suzanne Shaughnessy For
Bruce Andrews For
Debbie Buckland For
Charles "Chip" Drysdale For
Charter Review Committee
February 28, 2024
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Agenda Item #1.A.
27 Mar 2024
Kelly Elmore Against
Ellen Golombek For
Kirk Hansen (Moved By) For
Mitchell Reeves (Seconded By) For
Dawn Scott For
Steve Swann Against
Donald Young For
Motion passed 10 to 2.
MOTION: Approve Motion as Amended (Add "(15) Exercise authority permitted by law for
the protection and preservation of beaches, marshes, maritime tree canopy, and property through
environmental stewardship.")
Motion: Mitchell Reeves
Second: Kirk Hansen
William "Bill" Gulliford For
Suzanne Shaughnessy For
Bruce Andrews For
Debbie Buckland For
Charles "Chip" Drysdale For
Kelly Elmore Against
Ellen Golombek For
Kirk Hansen (Seconded By) For
Mitchell Reeves (Moved By) For
Dawn Scott For
Steve Swann For
Donald Young For
Motion passed 11 to 1.
D. ARTICLE III. - THE CITY MANAGER, Sec. 25. (Member Mitch Reeves)
MOTION: To rescind the previous recommended changes made to Sec. 25 and restore current
language.
Motion: Donald Young
Second: Suzanne Shaughnessy
William "Bill" Gulliford For
Suzanne Shaughnessy (Seconded By) For
Bruce Andrews For
Charter Review Committee
February 28, 2024
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Agenda Item #1.A.
27 Mar 2024
Debbie Buckland For
Charles "Chip" Drysdale For
Kelly Elmore For
Ellen Golombek For
Kirk Hansen For
Mitchell Reeves For
Dawn Scott For
Steve Swann Against
Donald Young (Moved By) For
Motion passed 11 to 1.
E. ARTICLE III. - THE CITY MANAGER, Sec. 22. - Qualifications (Secretary
Jennifer Lagner)
Hold for next meeting.
F. Other sections of the Charter
G. Future Meetings
• Topics for next meeting
• ARTICLE III. - THE CITY MANAGER, Sec. 22. - Qualifications
• Proposed charter amendments
• How drawing of districts is done
• Schedule (previously set as Apr. 24 at 6 p.m.)
• Review of deliverable dates
4. ADJOURNMENT
There being no further discussion, Chair Gulliford declared the meeting adjourned at 8:00 p.m.
Attest:
Jennifer Lagner, Secretary William Gulliford, Chair
Date Approved:
Charter Review Committee
February 28, 2024
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Agenda Item #1.A.
27 Mar 2024
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Attachment A
to 2-28-2024 CRC Minutes
To: Chairman Bill Gulliford and Charter Review Committee
From: Don Wolfson
Date: February 8, 2024
Reference: Historical explanation of the 35' height limitation in the AB Charter and prohibition of filling
a lot to circumvent the height of buildings as defined in AB's Code of Ordinances — items discussed at
the CRC Meeting of January 24, 2024
Background: My family has lived in Seminole/Atlantic Beach (AB) for 43 years. In 1989, then Mayor Bill
Gulliford appointed me to the AB Community Development Board (CDB) on which I served for 14 years
as a member with 10 of those years as its chairman.
I believe that it is important to provide you with some information regarding the following:
There are important reasons why the 35' height limitation is identified in Atlantic Beach's
Charter and NOT in Atlantic Beach's Code of Ordinances;
The prohibition of lot fill to circumvent the height of buildings in AB is clearly defined in AB's
Code of Ordinances.
1. 35' HEIGHT LIMITATION:
For the sake of historical clarity, let us examine the following:
Why is the height limitation in our Charter? Prior to the height limitation being restricted by the AB
Charter, a variance granted by the majority vote of the CDB members, as authorized in the Code of
Ordinances, could increase the 35' height limitation. Former Mayor Gulliford told you that perhaps the
35' height limit was placed in the Code because of the uproar from the action of former Mayor Billy
Howell granting the mid -rise height to the developer/owner of the Sea Turtle (today known as One
Ocean). Mr. Gulliford did not recall when or why the height limit was moved from the Code to the
Charter. This happened in 2007 when the overwhelming majority of voting citizens decided by
referendum to secure the height in the Charter. 72% of the voting citizens were for the 35' height
restriction being addressed in the Charter while 28% were opposed.
Why did this happen? Various mayors and commissioners invited me, because of my background, to
come before the Commission to discuss and debate the height issue. The threat of increasing a
structure's height above 35' to perhaps a mid -rise or high rise building was real.
Could an increase in the height above 35' have happened? When we moved to Seminole Beach (now
AB) in 1981, our family was invited by Gene Montanye to join the North Duval Beaches Assn (NDBA), a
citizens' watch group and the predecessor to today's Beaches Watch. Prior to moving to Seminole
Beach, we lived in Neptune Beach and I served on the NB Advisory Planning Board (zoning authority) as
a member for 8 years with 3 of those years as its chairman. I witnessed a number of changes in NB that
provided me insight into zoning complexities, so I was invited to serve on the (NDBA) Board.
Sometime in early 1984, Mr. Montanye was informed that the Jacksonville residential developer Almand
& Montgomery had submitted preliminary plans for their Seminole Beach oceanfront development on
Beach Avenue between 18th and 19`h Streets. Their plan was to build two 18 -story high rise
Agenda Item #1.A.
27 Mar 2024
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Attachment A
to 2-28-2024 CRC Minutes
condominiums. By the time we were made aware of this project, the Jacksonville Zoning Board had
approved the project on its first reading. The second reading was imminent and the Zoning Board
chairman, Tommy Coppedge, informed us that stopping the project at this stage was practically
impossible...the approval of the Zoning Board was a mere formality. The Zoning Board's
recommendation then would go before the full Jacksonville City Council for a final vote.
The NDBA organized a telephone campaign to strongly lobby every council member during their
breakfast and dinner hours to oppose this project. In the meantime, we met with former Mayor Howell
and requested his support of our opposition to this project, which he declined. Next, we lobbied every
Jacksonville council member in person to oppose this project at the upcoming Council meeting. Two city
buses were chartered with almost 80 friends and neighbors who filled the Jacksonville council chamber
opposing this rezoning. The project was defeated!
The threat of vertical development in Seminole Beach and ultimately AB was just beginning and so was
the effort to protect our community. Developers could return time and again until they would get
enough votes on the council to approve similar projects while making incidental concessions. We
needed to control the destiny of Seminole Beach locally and not in downtown Jacksonville. The only
strategy that made sense for us was for Seminole Beach to secede from Jacksonville and to be annexed
by Atlantic Beach — no small fete. After a monumental effort guided by Gil Stockton and a small group
of Seminole Beach residents, Seminole Beach was successfully annexed by Atlantic Beach in 1987. This
annexation brought many involved citizens into AB, citizens who helped AB become the desirable
community that it is today.
The 35' height limit was stated in the zoning guidelines found in Chapter 24 of AB's Codes. Around
2004, an associate of the AB Community Development Board Executive Director partnered with a
developer and prepared conceptual plans to build a mid -rise condominium (6-8 stories) on Johnston
Island under and adjacent to the Atlantic Blvd. Intracoastal Waterway bridge. The mayor at that time
and two commissioners were in "soft" agreement to support the rezoning of this island that would
include a height variance necessary to accommodate this development. A simple 3-2 vote could
approve this project.
This was significant. The approval of the Johnston Island development could have established a
precedent for AB as well as for neighboring boundaries that abut AB. For example, at that time, Selva
Marina Country Club (SMCC) was experiencing financial difficulties and its board was looking for possible
financial strategies. SMCC's jurisdictional governing body was Jacksonville. For this particular club and
golf course, there were no height restrictions, so there could be six -18 story condominiums. This
potential threat could have altered AB forever.
The mid -rise threat to Johnston Island and thus to AB would alter the height limitation and this was the
catalyst for AB citizens to make a choice. A Charter referendum provided all AB citizens the opportunity
to vote on this issue. In 2006, 72% of the citizens of AB voted to include a 35' height limitation in the AB
Charter.
According to the AB Charter, any AB height limit change must be the decision of the AB electorate.
However, today the authority of the electorate may be in conflict with the State of Florida's position
regarding land use legislation. The new Florida statute nullifying all citizen land use referendums is
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27 Mar 2024
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Attachment A
to 2-28-2024 CRC Minutes
retroactive to 2011, leaving AB's 2007 referendum in place. The recent Legislative action removing the
right of citizens to enact land use changes by referendum poses a possible legal conundrum.
2. LOT FILL:
Can lots be filled to elevate the height of a structure and from where is the height measured? The
guidelines are very clear as to the prohibition for filling in lots. The collective comments from several
members of the CRC inquiring how and where the 35' height of a building on a lot is measured are
clearly addressed in Chapter 24, Article III, Division 3, Section 24-70. With exceptions from the Florida
Department of Environmental Protection, increasing the elevation of a lot to circumvent the 35' height
limit is strictly prohibited. Please read the excerpt from the AB Code below.
"No lands shall be cleared, grubbed, filled, excavated or topographically altered by any means, and no
vegetation on any parcel or lot disturbed, prior to issuance of all required approvals and development
permits authorizing such clearing or alteration. Except as required to meet coastal construction codes
as set forth within a valid permit from the Florida Department of Environmental Protection; or as
required to meet applicable flood zone or stormwater regulations pursuant to valid permits, the grade,
elevation or topography of any parcel. development or redevelopment site shall not be altered."
How different Mayor Gulliford's view from the top floor of One Ocean would be if the majority of AB
citizens decided to take another path.
Cc: Donna Bartle, City Clerk
Jason Gabriel, City Attorney
Agenda Item #1.A.
27 Mar 2024
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