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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. . Page 1 of 11 Page 2 of 11 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 Page 1 of 9 Page 3 of 11 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 Page 2 of 9 Page 4 of 11 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 Page 3 of 9 Page 5 of 11 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 Page 4 of 9 Page 6 of 11 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 Page 5 of 9 Page 7 of 11 Agenda Item #1.A. 27 Mar 2024 Page 6 of 9 Page 8 of 11 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 Page 7 of 9 Page 9 of 11 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 Agenda Item #1.A. 27 Mar 2024 Page 8 of 9 Page 10 of 11 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 Page 9 of 9 Page 11 of 11