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12-4-14 CRC Agenda Packet 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. CITY OF ATLANTIC BEACH CHARTER REVIEW COMMITTEE MEETING December 4, 2014 – 5:00 PM AGENDA Call to Order 1. A. Approval of the Minutes of the Charter Review Committee Meeting on November 20, 2014. 2. Unfinished Business from Previous Meetings A. Proposed Amendment to Sec. 50. B. Input from Jerry Holland regarding Committee’s proposed amendments for Sec. 43. 3. Discussion 4. Miscellaneous Business 5. Next Meeting Date: December 18, 2014 at 5:00 p.m. 6. Courtesy of the Floor to Visitors Adjourn Minutes Charter Review Committee Meeting November 20, 2014 City Hall, 800 Seminole Road In Attendance: Committee Members Staff Don Wolfson, Chairman City Manager Nelson Van Liere Mark Tomaski, Vice Chairman City Attorney Richard Komando Joan Carver, Secretary City Clerk Donna Bartle Mike Borno Katherine Carithers Sally Clemens Judith Leroux David Vincent Absent Tom Goodrich Call to Order Don Wolfson, Chairman, called the fourteenth meeting of the Charter Review Committee (CRC) to order at 5:00 p.m. on November 20, 2014. He asked if there were corrections to the minutes of October 23 and of November 6. With no corrections or additions Mr. Borno moved the acceptance of both sets of minutes as distributed; Chairman Wolfsan seconded the motion and it was passed by the CRC. Unfinished Business from Previous Meetings There was a brief discussion of the report to the city commission on the work of the CRC and how detailed an interim report should be. Chairman Wolfson noted that the city commission’s original date for the final report was six months after the initial meeting which would be the end of October. He has requested an extension to the end of February. He noted that the committee needed to push forward and complete its work and that the city commission is interested in the work of the CRC. City Attorney Komando stated that some of the commissioners would like more detail on how far along the committee is in its work. He reviewed the items that the CRC indicated in earlier meetings that it needed to consider: revisiting the need for a periodic charter review; inviting the department heads for comments; Article II, Section 5. Number of commissioners; selection and term; at-large and district elections; Articles 14 and 17. He concluded that the committee has only a limited number of issues outstanding. Minutes of the Charter Review Committee meeting on November 20, 2014 Page 2 of 4 Art. 43. Elections: Canvassing Board, duties. Chairman Wolfson stated that City Attorney Komando had submitted the revised Article 43 to committee members by e-mail. Mr. Borno moved approval of the revision; Ms. Clemens seconded the motion and the committee approved it. The revised Article 43 reads: ” The City of Atlantic Beach delegates the election canvassing responsibilities for all city elections to the Duval County Canvassing Board. The Canvassing board shall meet in Atlantic Beach, 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 8 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 p.m. 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. Chairman Wolfson asked City Clerk Bartle to contact the Supervisor of Elections sending him our proposed amendment to ensure that he supports this change. Article 53. Availability of list of qualified electors. City Attorney Komando submitted a revised Article 53 with the correct law citation. Chairman Wolfson moved approval of the revision with the word obtained replacing purchased. Mr. Borno seconded the motion and it was approved. The revised provision reads: “Lists of qualified electors or registers may be obtained from the Supervisor of Elections for Duval County in accordance with the provisions of F.S. 98.045(3). Ms. Clemens noted that she would like the provision to indicate that the lists could be obtained electronically with no cost to the recipient. Chairman Wolfson noted that the committee could not ensure that would always be the case in the future. Sec. 55. Repealing Ordinances/Sec. 50. Consideration by City Commission Chairman Wolfson opened the discussion noting that in the discussion of this provision at an earlier meeting two provisions were in contention: the four/fifths vote and the one public hearing. The committee discussed the provision, raising questions as to its precise meaning and effects. Dr. Tomaski and Ms. Carithers were concerned that it appeared that the commission could overrule a majority decision by the public. City Attorney Komando pointed out that Section 55 had to be read in conjunction with the articles relating to initiatives and referendums. It was suggested by Mr. Vincent that Section 55 was not clear and its provisions might be better incorporated in Section 50. Mr. Vincent moved that Section 50 be revised to include components of Section 55. He proposed that new wording be inserted. The first sentence would remain the same. In the second sentence he would insert two before public hearing. The third sentence would remain the same. He then Minutes of the Charter Review Committee meeting on November 20, 2014 Page 3 of 4 would insert the sentence: “Such final action shall be decided by a four-fifths vote of the full city commission. If such ordinance is one that was 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 vote shall be decided by at least a four-fifths vote of the full city commission City Attorney Komando recommended against requiring two public hearings since state law already requires hearings, City Attorney Komando will draft the language for the revision of Sec. 50 based on Mr. Vincent’s proposal. The vote on the change was deferred until that wording is received. Mr. Borno moved that Section 55 be eliminated. The motion was seconded by Mr. Vincent and approved by the committee. Discussion Article XI. Recall Elections. No change. Article XII. Franchises No change. Article XIV. Zoning. Sec. 59. Zoning, land development regulations and maximum building height. Chairman Wolfson reviewed Section 59 relating to maximum building height. It was noted that the name Sea Turtle Hotel should be deleted from the third paragraph since it is no longer named the Sea Turtle, leaving the description of the property. Chairman Wolfson stated that when he ran for election, a primary issue was the height limit, which was approved and put into the charter. He noted that he was a strong proponent of the 35 feet limit at the time. However because of the anticipated effects of climate change, including storm surge and higher property insurance costs, he recommends that new construction be allowed to build off-grade with an additional nine feet in height allowed. For the purposes of discussion he moved that new construction be allowed to build off grade where the first floor could be utilized for parking only. He believes it is important to be pro-active since Atlantic Beach is a barrier island. The proposed change would protect homes from being washed away and would protect citizens financially. In response to a question from Ms. Leroux, Chairman Wolfson stated such a change would not affect permeable surface requirements. Dr. Carver expressed concern that developers might use the change as an opportunity to by-pass the height limitations in other instances. Minutes of the Charter Review Committee meeting on November 20, 2014 Page 4 of 4 Dr. Tomaski expressed two concerns: changing the charter and the aesthetic—he thinks the proposed type structures will look odd on our small lots. Ms. Carithers stated that there are not that many open lots in Atlantic Beach. She also suggested that there might be better alternatives in the next ten years. If FEMA changes the regulations, then it will be necessary to follow them. Mr. Borno stated that the proposal makes common sense. He noted that FEMA is considering flood insurance changes. We are trying to be pro-active and to clarify the charter. He said in future coastal construction would have to be off grade. Now is the time to construct for the future. Chairman Wolfson noted we could wait and re-visit the issue in ten years, but in the meantime people who wanted to build off grade would have been unable to do so due to the height limit. Chairman Wolfson will draft a proposal on this question for consideration at the next meeting. Schedule of future meetings The following dates were proposed for future meetings: December 4 and 18; January 15 and 29; and February 12 and 26. Courtesy of the Floor to Visitors Chris Jorgensen, 92 West Third Street, noted that the proposed zoning change would change the whole nature of Atlantic Beach. He added it is changing anyway; property is being bought by money. Money is coming. He congratulated the new city manager and wondered how long he had before he had to move to Atlantic Beach. Steve Fouraker, 387 Sixth Street, stated that he was impressed with the discussion and what is being done. He feels the CRC has an immense amount of power, which he believes will be exercised with discretion. He does not want the city divided into districts. He wants everyone who runs for office to be concerned with the whole community. He suggested that building on stilts would add value to a house, but it might not be able to be as large as it would be otherwise. The meeting adjourned at 8:00 p.m. ______________________________________________ Don Wolfson, Chairman Proposed amendment by the CRC and City Attorney November 21, 2014 ARTICLE X. INITIATIVE AND REFERENDUM Sec. 50. Consideration by city commission. 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. Proposed Amendment by the CRC and City Attorney November 7, 2014 ARTICLE IX. ELECTIONS Sec. 43. Elections: Canvassing board, duties. 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 meet in Atlantic Beach, 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. 1 Bartle, Donna From:Bartle, Donna Sent:Tuesday, December 02, 2014 4:27 PM To:Charter Review Committee Subject:FW: An updated response from Jerry Holland Attachments:RE: Canvassing Board charter change Below is an updated response from Jerry Holland regarding the Canvassing Board.    From: Fleet, Beth [mailto:BFleet@coj.net] Sent: Tuesday, December 02, 2014 2:04 PM To: Bartle, Donna Cc: Holland, Jerry Subject: An updated response from Jerry Holland   Donna:  let me know if this will work for you.    From Jerry:    Please let Donna know that we would need to change the “shall” to “may” on the location of the canvassing board  meetings.  The reason for the change is based upon the lessons learned during the 2014 Neptune Beach recount.  There  can be times when the canvassing board will need to be present at the Duval County Election Center for recounts.  As  you are aware, we use the ES&S 850’s‐‐ the high speed counters for recounts; they cannot be moved to offsite locations,  therefore we need the flexibility to hold the canvassing board meetings where equipment is available for such required  duties.  Please note the current Atlantic Beach Canvassing board in its present membership would have to come to the  Election Center during similar situations.  Please let me know if I can be of additional help in this matter.    Jerry Holland  Duval County  SOE        Beth Fleet  Candidate and Records Director  Duval County Supervisor of Elections  105 East Monroe St.  Jacksonville, FL  32202  Office: 904.630.8002  Fax: 904.630.1894  bfleet@coj.net  www.duvalelections.com  "Please note that under Florida's very broad public records law, email communications to and from City officials are subject to public disclosure."   1 Bartle, Donna From:Bartle, Donna Sent:Friday, November 21, 2014 4:16 PM To:Holland, Jerry Subject:RE: Canvassing Board charter change Thank you for your prompt reply.   I will forward your comments to the Charter Review Committee.       Thanks,  Donna    From: Holland, Jerry [mailto:Jholland@coj.net] Sent: Friday, November 21, 2014 3:08 PM To: Bartle, Donna Cc: Treadwell, Sheri Subject: RE: Canvasing Board charter change   Donna  This change looks great except for one thing, it specifies that canvassing must be done in the City of Atlantic Beach.  If all  canvassing responsibilities are to be taken over by the county canvassing board, the ordinance needs to state the  meeting location is at the discretion of the Duval County Canvassing Board.  In events such as a recount for example the  high speed counters used by our canvassing board are located at the Elections Center.  Those machines are large and not  transportable.  According to Florida Statute, a  canvassing board member must be present any time ballots are run  through those tabulators.  Also, in the event there was ever an Atlantic Beach Issue or Candidate (due to a vacancy or  other reason) on a regular county wide ballot, it would not be possible for the Duval Canvasing Board to canvass ballots  for the county at large and ballots from Atlantic Beach at the same time in separate locations.  All canvasing would need  to be where the Canvassing Board has full access to our voting equipment and staffing.  Sincerely,  Jerry Holland  Duval County  SOE      From: Bartle, Donna [mailto:dbartle@coab.us] Sent: Thursday, November 20, 2014 6:22 PM To: Holland, Jerry Cc: Fleet, Beth Subject:   Mr. Holland,  Our current Charter Review Committee has proposed new language for Charter Sec. 43. regarding the Canvassing Board  duties and would like your review and input.  Do you have any concerns about the attached proposed language?    Thank you,  Donna  Donna L. Bartle, City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5809