11-20-14 Minutes 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.
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
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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.
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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.
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