12-04-14 CRC Minutes 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
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shall be, "Shall the ordinance specified in the referendum be repealed?"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 2 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 3 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;-
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---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.
20-.."‘ L-0
Don Wolfson, Chair
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