12-15-14 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 15, 2014 – 5:00 PM
AGENDA
Call to Order
1. A. Approval of the Minutes of the Charter Review Committee Meeting on December 4, 2014.
2. Unfinished Business from Previous Meetings
3. Discussion
4. Miscellaneous Business
A. Discussion on Article II, Section 9(9).
5. Next Meeting Date: January 15, 2015 at 5:00 p.m.
6. Courtesy of the Floor to Visitors
Adjourn
Minutes
Charter Review Committee Meeting
December 4, 2014
City Hall, 800 Seminole Road
In Attendance:
Committee Members Staff Members Don Wolfson, Chairman City Manager Nelson Van Liere Joan Carver, Secretary City Attorney Richard Komando Sally Clemens City Clerk Donna Bartle Judith Leroux David Vincent
Absent Mike Borno Katherine Carithers Tom Goodrich Mark Tomaski, Vice Chairman
Call to Order Chairman Wolfson called the fifteenth meeting of the Charter Review Committee (CRC) to order at 5:02 p.m. on December 4, 2014. Chairman Wolfson asked if there were corrections or changes to the minutes of the November 20 meeting. With no changes or corrections, Ms. Leroux moved the approval of the minutes and Mr. Vincent seconded the motion, which was approved by the committee. Chairman Wolfson asked City Manager Van Liere to determine if Mr. Goodrich had an interest in remaining on the committee since he has missed a number of meetings.
Unfinished Business from Previous Meetings
Sec. 50. Consideration by City Commission The CRC reviewed the following re-drafted language provided by City Attorney Komando for a revised Sec. 50: Whenever the city commission receives a certified initiative or
referendum petition from the city clerk, it shall proceed forthwith to consider such
Minutes of the Charter Review Committee Meeting on December 4, 2014 Page 2 of 5
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. There was discussion on the language centered on whether the meaning was clear. Ms. Clemens raised a question about the second sentence and suggested adding “by the citizens” after initiative.” Chairman Wolfson noted that this section should be read in conjunction with Section 44 on the initiative so that the addition of “by the citizens” was unnecessary. Ms. Leroux suggested adding the phrase could be confusing suggesting there was more than one type of initiative. Ms. Clemens stated that she would prefer the word “must” in the first sentence to “shall proceed forthwith to”. After some discussion City Attorney Komando noted that the legal connotation of “proceed forthwith” was as soon as practical.
Sec. 43. Elections: Canvassing board, duties. Chairman Wolfson noted that Supervisor of Elections Holland had responded to the committee’s request that he review the proposed charter change stating that the change looked great except for the requirement that the canvassing must be done in Atlantic Beach. He stated that the ordinance “needs to state that the meeting location is at the discretion of the Duval County Canvassing Board.” He went on to note that in events such as a recount the high-speed counters used by the canvassing board are located at the Elections center. The 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. Chairman Wolfson proposed changing the language in Sec. 43 to state that the Duval County Canvassing Board may meet in Atlantic Beach or at a location at the discretion of the Duval County Canvassing Board.
Article XVI. Suits Against the City
Sec. 61. Suits City Attorney Komando noted that at the October 6 meeting the CRC asked City Attorney Komando and City Manager Van Liere to provide revised language for Section 61. The committee has not yet approved the proposed language. Section 61, as revised would read:
Minutes of the Charter Review Committee Meeting on December 4, 2014 Page 3 of 5
“No suit shall be brought against the city for damages unless all provisions of state
law have been met.
Upon receiving notice of any lawsuit, the city manager shall inform the city
commission of the law suit as soon as practical. Upon receipt of a written notice of
intent to file a law suit by an injured party the city commission may, by ordinance,
make a settlement of the claim.
Article XIV. Zoning
Sec. 59. Zoning, land development regulations and maximum
building height. Chairman Wolfson presented the following proposed amendment to the first paragraph of Section 59: Zoning and land development regulations shall be in accordance with….except that in no case shall the maximum height of buildings within the City of Atlantic Beach exceed thirty-five (35) feet unless new buildings are built nine (9) feet off grade to
permit tidal surges to flow under said buildings. Permitted use of space under said
buildings shall only be allowed for residential off-street parking. Under no
circumstances shall such space be enclosed or encumbered for ANY use other than
for parking and tidal surge relief. Said spaces shall remain clear and shall not be
enclosed for any reason. All other buildings not seeking this relief shall comply with
thirty-five (35) feet maximum height provided however, that existing…. Chairman Wolfson noted that the height of nine feet was not a fixed number. His goal is to allow building off-grade to protect against potential tidal surges in future and to reduce insurance increases. With a category two hurricane the area from Beach Avenue west to Seminole Road could be under water. He would like to protect people’s property. Dr. Carver expressed concern that opening up the height limit might be used as a wedge to weaken the limits overall and that the structures build off-grade might not conform to the requirements. Mr. Vincent had two lines of thought. His first was that an opportunistic developer might use this provision to his advantage. The second was that since this is such a sensitive subject, there needs to be meaningful citizen input before it is a part of our recommendations. Ms. Leroux stated that she doesn’t feel qualified to determine if this is a good provision. She noted that it is a part of the bigger issue of climate change. She suggested that the committee recommend to the city commission creation of a coastal zone commission to study the issues and to educate the public. She noted that the City of Jacksonville has a Chief Resiliency Officer funded by the Rockefeller Foundation and that the City Manager might want to contact that office. The consensus of those present was that the CRC should recommend to the city commission that they establish a committee to address coastal living for those who could
Minutes of the Charter Review Committee Meeting on December 4, 2014 Page 4 of 5
be in harm’s way. The committee was not ready to make changes in the charter but feels that future action will be needed. Chairman Wolfson thanked the city staff for all the support they have provided the committee.
Discusssion
Articles 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76,
77, 78, 79, 80. The CRC reviewed Articles 62 through 80 and made no changes to those provisions. The members of the committee reviewed City Attorney Komando’s spreadsheet of proposed changes. There was discussion of Article II, Sec. (9) relating to sale of city property. City Manager Van Liere stated that he felt the spirit of the earlier discussion was that not every piece of property sold would require a referendum, for example, if property was no longer needed for a lift station for the public utility system, it could be sold. City Attorney Komando stated that the committee’s intent was that before surplus property was sold, a referendum would be required. Ms. Leroux wondered if such surplus land should be made a park when the opportunity was available. Chairman Wolfson asked what would happen if a lot became available due to a tax lien. City Attorney Komando stated that it would be put up at public auction. Ms. Clemens pointed out that on the spreadsheet item relating to parks there were two typographical errors, the spelling of preservation and accommodate. Ms. Leroux suggested that in the provision relating to the review of the staff the wording be changed to “conduct an annual performance review.” There was general support for this change. Ms. Leroux suggested that minor changes like inserting the word preferably in the requirements for the degree required for a city manager were too unimportant to include. Chairman Wolfson stated that was a significant change. Mr. Vincent concurred with that opinion, pointing out it enabled the city commission to hire someone who might be highly qualified but did not have that particular degree. City Attorney Komando stated that the city commission asked him to thank the committee for its work. He has provided the city commission a list of the proposed changes to date and the commission plans to hold hearings on those changes if the CRC has no objections to the plan. There were no objections. City Attorney Komando reviewed the items on his spreadsheet that the committee needs to consider: --periodic review of the charter;-
Minutes of the Charter Review Committee Meeting on December 4, 2014 Page 5 of 5
---inviting the department heads for information; ---size of city commission and election by district or at-large. There was consensus that it was not necessary to invite the department heads since the committee has been working with the city manager, city clerk and city attorney. Ms. Clemens stated that there should be a requirement of proof of citizenship for those who run for office. Dr. Carver would like to reconsider the term of office for the mayor. City Attorney Komando stated that he would not be able to attend the meeting on December 18. Since he could attend on December 15, the meeting date will be changed to December 15 if a poll of committee members shows that they could attend on the earlier day.
Courtesy of the Floor to Visitors Carole Schwartz, Tierra Verde Drive, stated that she is concerned that parklands do not have permanent protection and could be sold. As there is little vacant land in Atlantic Beach, she fears commissioners might be persuaded to sell parkland in future so she would like to see the parks protected. Chairman Wolfson assured her that the committee had included protection for parklands in its recommended changes. Chris Jorgensen, 92 West Third Street, stated that his concern is the number of commissioners and the method of election. He believes the current system allows a small bloc to control the city with no accountability. He would like to see a city commission of seven with four elected by those in the districts and two elected at large. Ms. Leroux moved the adjournment of the meeting; Mr. Vincent seconded the motion and it was passed. The meeting adjourned at 7:15 p.m.
__________________________________________________________ Don Wolfson, Chair
1
Bartle, Donna
From:Richard Komando [Rich@claylawyers.com]
Sent:Monday, December 08, 2014 4:10 PM
To:Bartle, Donna
Cc:eclemens1@aol.com
Subject:CRC Meeting
Good afternoon Donna,
Will you please include the attached email from Sally in the agenda for 12/15/2014?
Richard Komando
Kopelousos, Bradley & Garrison, P.A.
1279 Kingsley Avenue, Suite 118
Orange Park, Florida 32073
Telephone: 904.269.1111
Facsimile: 904.269.1115
Rich@claylawyers.com
www.claylawyers.com
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without
reading or forwarding to others.
From: Eugene Clemens [mailto:eclemens1@aol.com]
Sent: Sunday, December 7, 2014 7:48 PM
To: Richard Komando
Subject: CLARIFICATION of VERBOSE VERBIAGE
I am still troubled by ARTICLE ll / SECTION 9(9).
Without limitation of the foregoing, the city commission shall have the power to:
(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) 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.