2-23-15 Agenda Packet - WorkshopCITY OF ATLANTIC BEACH
CITY COMMISSION
WORKSHOP
February 23, 2015 - 5:00 — 6:15
AGENDA
1. Introductions
2. Explanation of Process — Mayor Woods
a. The Charter Review Committee worked diligently for many months and
had many in depth conversations, which resulted in their recommendations,
this workshop is a means for the commission to discuss the committees
recommendations and decide which may need changes and which to move
forward for inclusion on the next general election ballot.
3. Courtesy of the floor
4. Major Topic Recommendations:
a. Article II The Commission
1. Section 5 & 6 Make up of commission, commissioner
districts and qualifications
2. Article II Section
a. Section 9(8 & 9) Leasing of City property
b. Section 9 (14) Protection of Parks
b. Article III the City Manager Appointment, duties and qualifications
c. Article IV the City Clerk duties and qualifications
d. Article IX Elections Regulations
1. Sections 36, 39, 43
e. Article X Initiative and Referendum
1. Sections 44, 45, 47, 50, 51, 53, 55
f. Article XVIII Section 81 Charter Review Committee
5. Adjourn 6:15
City of Atlantic Beach
Charter Review Committee
Date(s) Reviewed I Article I Section
Proposed Language Amendment
6/12/2014
Article I
Section 2
12/15/2014 Article II Section 5
1/15/2015 Motion to Reconsider
6/12/2014
... and running thence northerly along said low water mark of the Atlantic
Ocean to the point or place of beginning; excepting from the territory
hereinabove described that part thereof lying in said Sections 8 and 9 occupied
and used by Selva Marina Country Club Atlantic Beach Country Club as
described in deed recorded in Volume 652, page 484, Official Records of Duval
County; ...
The city commission shall consist of five (5) electors of the City of Atlantic Beach who
have the qualifications as defined in section 6 of this Charter,. Seat 1 shall be elected
at large, and seats 2 through 5 shall be elected by their respective districts, without
regard for any designation of political party affiliation. The seats shall be known as
seats 1 through 5 respectively, and seat 1 shall be designed as the mayor -
commissioner. Seats 2 through 5 shall be designated as district commissioners, with
each commissioner required to reside within the district from which he or she is
elected. The four (4) districts shall be created using the precinct lines existing as of
November, 2007, January, 2013, as a beginning point, shall be established by
ordinance, shall be as equal in population as possible, and to the extent possible shall
maintain the integrity of neighborhoods and communities of interest. The mayor -
commissioner shall be elected for two -year terms and the terms for seats 2 through
5 shall each be four years. Effective with the municipal election in October, 1993,
anyone elected or appointed to the office of mayor- commissioner shall not serve
more than four (4) consecutive two -year terms; and any elected or appointed to
commission seats 2 through 5 shall not serve more than two (2) consecutive four -
year terms. Serving any part of a term shall be considered a full term. Nothing
contained herein shall prevent anyone who has served as a city commissioner from
being appointed or elected to the position of mayor- commissioner and then serving
in that capacity four (4) consecutive two -year terms.
Article II Section 6 Members of the city commission shall have been full -time residents of the city
for at least one year two years immediately prior to qualifying.
Page 1 of 8
6/26/2014 Article 11 Section 8 ... In the temporary absence or disability of the mayor- commissioner, all duties
of the mayor- commissioner shall be performed by the mayor pro tempore w#e-
shall be appointed by the city commission from its members.
7/24/2014 Article II Section 8 The mayor- commissioner shall have no regular administrative duties except as
authorized in this Charter but may appoint, from time to time, such special or
select committees as in his discretion he deems desirable or as may be desired
by the city commission, to expedite the handling of the business and affairs of
the city. Other members of the commission may on occassion appoint special
or selectcommittees with the approval of a majority of the commission.
6/26/2014 Article II Section 9 (13) The mayor pro tempore shall be appointed by the city commission from its
members.
6/26/2014 Article 11 Section 9 (3) Establish or abolish official boards and elect the members thereof as
recommended by the mayor;
6/26/2014 Article II Section 9 Pass ordinances and laws for the preservation of the public peace and order
and impose penalties for the violation thereof; provided that the maximum
penalty to be imposed shall be a fine of not more than one thousand dollars
($1,000.00) and imprisonment for a period of time not longer than ninety (90)
days, or as otherwise provided for by Florida Statutes;
7/17/2014
7/17/2014
7/24/2014
12/15/2014
Article II Section 9(8)
Article II
Lease golf courses, hospitals; and airports and parks, or any portion thereof,
after the city commission has passed an ordinance authorizing any such lease;
Section 9(9) Sell golf courses, hospitals, airports, parks 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: in which (a) there is a finding that
public welfare no longer requires the operation of any such facility and L iJ-
which arc stated the terms of sale of real property within the city limits are
stated; and cjafter such ordinance has been submitted to the qualified voters
of the city at an election called for that purpose;_
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10/9/2014 Article II Section 9(11) Appoint, remove and fix the compensation of all officers and employees
appointed by the city commission as hereinafter provided; the city commission
shall perform an annual performance review of the city clerk, city manager and
city attorney.
7/24/2014
7/17/2014
7/24/2014
Article 11 Section 9(14) (14) Provide for the protection and preservation of parks as follow: Any real
[revised language by property owned by the city which is used principally or held out for use as a
City Attorney] public park, shall be used only as a public park; and parks shall not be sold,
leased, gifted, changed in description or use, or otherwise disposed of; and no
structure shall be built in any such park to accommodate activities not
customarily associated with park use or outdoor recreation; unless such sale,
lease disposal, gift or structure is approved by voter referendum.
Article II Section 10 In the event the City Manager is removed or incapacitated and unable to
appoint a substitute as required in Sec. [Section] 24 of this Charter, the city
commission shall appoint someone to perform the duties of the city manager.
Article II Section 11 The city manager and city clerk may request, if they deem it necessary, appoint
a deputy city manager and deputy city clerk, respectively, to be hired as
approved by the city commission and who shall be compensated at a rate set
by the city commission.
8/21/2014 Article II Section 16 The City Commission shall determine its own rules and order of business. It
shall require a journal or that minutes of its proceedings to be kept_and thc
journal or The minutes shall be open and remotely available to the public
inspection in a timely manner, through commonly accepted methods.
8/7/2014 Article II Section 20 Sec. 20. - t Attendance of city manager and other officers in city
commission.
9/11/2014 Article I11 Section 22 At thc time of appointment, the new city manager need not be a resident of
thc city or state, but during the tenure of office shall reside within the city of
Atlantic Beach. Residency requirements for the city manager shall be
established by ordinance.
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8/21/2014 Article III Section 22(1) Possession of at least a baccalaureate degree preferably in Public
Administration or a directly related field from a college or university accredited
by a recognized accreditation agency in the United States or from a recognized
college or university outside of the United States, which is acceptable to the
city commission; and
8/21/2014 Article III Section 22(2) Not less than three (3) years of administrative experience as a city, municipal,
er—county, or state government administrator serving in at least a department
head or the equivilent in responsibility; and / or chief administrative or
executive officer or as an assistant or deputy city manager.
8/21/2014 Article III Section 22(4) Two yews of additional experience acceptable to the city commission may be
substituted for each year of education towards a baccalaureate degree, up to a
maximum of eight yctiars.
8/21/2014 Article III Section 24 The duties of the city manager during any temporary absence or disability shall
9/11/2014 be carried out by a deputy city manager, or in the absence of the latter, by
another administrative officer of the city designated first by the city manager
or second, by a majority of the city commissionthc deputy city manager.
9/11/2014 Article IV Section 28(4) Provide the city commission with information periodic reports as requested
about the effectiveness and efficiency of the legislative programs of the city
government; and
9/25/2014 Article IV Section 29(1) At least a baccalaureate preferably in Business Administration or a related field
acceptable to the city commission from a college or university accredited by a
recognized accreditation agency in the United States or from a recognized
college or university outside of the United States which is acceptable to the city
commission; and
9/25/2014
Article V Section 31
The city commission shall appoint a city attorney, which may be a law firm, who
shall be an attorney with at least five years of experience in the practice of
general, civil or municipal law, admitted in and having authority to practice in
all courts of this state, and who shall be compensated at a rate set by the city
commission.
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9/25/2014 Article V Section 32 (6) The city attorney shall serve at the pleasure of the city commission. The city
commission may remove the city attorney by the affirmative vote of not less
than three (3) of its members.
10/23/2014 Article IX
10/23/2014 Article IX
11/20/2014 Article IX
12/4/2014
12/15/2014
10/23/2014
Section 36 Sec. 36. - Elections Regulations.
Section 39 A petition for this purpose shall be signed by not less than ten (10) twenty -
five(25) qualified electors of the city.
Section 43 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 .
Article X Section 44
registered voter residing in Atlantic Beach. Should thc City of Atlantic Beach
municipal election occur on thc same day as a county or special election, the
county canvassing board will fulfill thc following duties listed in this section.
The Atlantic Beach Canvassing Board ;hall may meet in Atlantic Beach, or at a
location as decided by the Duval County Canvassing Board 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.
... Any initiated ordinance may be submitted to the city commission by a
petition signed by registered electors of the city equal in number to at least
twenty five per centum (25 %) ten percent (10 %) of the registered electors at
the last regular municipal election.
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10/23/2014 Article X Section 45 Within y thirty (30) days after the enactment by the city commission of
any ordinance which is subject to a referendum, a petition signed by registered
electors of the city equal to at least - - - - - - °. ten percent
(10 %)of the registered electors at the last preceding regular municipal election
may be filed with the city clerk requesting any such ordinance be either
repealed by the city commission or submitted to a vote of the electors.
10/23/2014
11/6/2014
11/20/2014
Article X Section 47
Article X Section 51
Article X Section 53
Within tweRty thirty (30) days after a petition is filed, the city clerk shall
determine whether each page of the petition has a proper statement of the
circulator and whether the petition is signed by a sufficient number of qualified
electors.
If the city commission shall fail to pass an ordinance proposed by initiative
petition or shall pass it in a form different from that set forth, or if the city
commission fails to repeal an ordinance referred for reconsideration, the
proposed or referred ordinance shall be submitted to the electors not less than
thirty (30) days nor more than one year from the date the city commission
takes its final vote. If no regular election is to be held within the specified time
frame, the city commission ,ay shall provide for a special election.
Lists of qualified electors or registers may be purchased obtained from the
Supervisor of Elections for Duval County in accordance with the provisions of
F.S. 98.045(3) 98.211.
11/20/2014 Article X Section 55 Initiated and referred ordinances may be amended or repealed only by a four
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12/4/2014 Article X Section 50 Whenever the city commission receives a certified initiative or referendum
12/15/2014 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.
11/20/2014 Article XIV Section 59 The only property excepted from this height limitation shall be certain parts of
the existing Sea Turtle Inn hotel property, located at 1 Ocean Boulevard,
Atlantic Beach, Florida, which property is bounded by Ahern Street on the
north, the Atlantic Ocean on the east, Atlantic Boulevard on the south, and
Ocean Boulevard on the west, and only those parts of said property as follows:
12/15/2014 Article XVI Section 61 Upon receiving notice of any suit, the city manager shall diligently investigtc
Second paragraph the matter and file a written report with the city clerk to be presented to
inform the city commission at its next meeting of the lawsuit as soon as
practical. The city clerk shall determine if a special meeting should be
.cheduled to dc\aI with an emergency situation. Upon receipt of a written claim
for damages by an injured party the city commission may, by ordinance, make a
settlement of the claim.
10/9/2014 Article XVI Section 61 No suit shall be brought against the city for damages arming out of ae alleged
First Paragraph tortious act, unless all provisions of state law have been met.
12/15/2014 Article XVIII ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
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12/15/2014 Article XVIII Section 81 A Charter Review Commitee consisting of at least nine (9) and no more than
1/15/2015 fifteen (15) electors of the City shall be appointed by the City Commission every
eight (8) years to review the City Charter and propose any amendments or
revisions, which may be advisable for placement on the regular municipal
election ballot.
The City Commission shall appoint the Charter Review Committee in January of
the year immediately preceeding the election with a definite and specific
charge. The Charter Review Committee shall meet for the purpose of
organization within thirty (30) days after the appointments have been made.
The Charter Review Committee shall elect a chair and vice chair from among its
membership. Further meetings of the Charter Review Committee shall be held
upon the call of the chair or a majority of the members of the Charter Review
Committee. All meetings shall be open to the public. No Charter amendment or
revision shall be submitted to the electorate for adoption unless favorably
voted upon by a majority of the entire membership of the Charter Review
Committee.
No later than one - hundred and eighty (180) days prior to the regular municipal .
election, the Charter Review Committee shall deliver to the City Commission
the proposed amendments or revisions, if any, to the City Charter. Each
proposed amendment shall embrace but one subject and matter directly
connected therewith. The City Commission may by resolution place such
amendments or revisions as approved by the Charter Review Committee on the
next regular municipal election ballot. If a majority of the electors voting on the
amendments or revisions favor adoption, such amendments or revisions shall
become effective on January 1 of the succeeding year or such other time as the
If the Charter Review Committee does not submit any proposed Charter
amendments or revisions to the City Comission at least one - hundred and eighty
(180) days prior to the regular municipal election, the Charter Review
Committee shall be automatically dissolved. Otherwise, upon acceptance,
further amendement or rejection of the proposed amendments or revisions by
the City Commission, the Charter Review Committee shall be automatically
dissolved.
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