07-14-18 Agenda Packet
City of Atlantic Beach
Agenda
Town Hall Meeting
Saturday, July 14, 2018 - 10:00 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Page
CALL TO ORDER
1. NOVEMBER BALLOT
A.
Atlantic Beach Referendum regarding Primary and General Elections.
Item 1B - Commissioner's Report re Referendum
3 - 10
B.
Presentation by Property Appraiser Jerry Holland regarding Amendment 1 and
other Amendments.
Item 1A - House Joint Res 7105
11 - 14
2. TERM OF ATLANTIC BEACH MAYOR
Item 2 - Memo re Mayoral Term Revisions
15 - 16
PUBLIC COMMENT
ADJOURNMENT
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City’s website at www.coab.us.
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’s Office by 5:00 PM, the Wednesday prior to the meeting.
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Agenda Item #1.A.
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Agenda Item #1.A.
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Agenda Item #1.A.
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ORDINANCE NO.33-17-23
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE IX, ELECTIONS, SECTION 39 —
NOMINATIONS,SECTION 40—ELECTIONS: PRIMARY AND SECTION
41 — ELECTIONS: GENERAL AND TO ARTICLE II — THE
COMMISSION, SECTION 14 — INDUCTION OF CITY COMMISSION
INTO OFFICE - MEETINGS OF THE CITY COMMISSION;
SUBMITTING THE AMENDMENTS TO THE CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE
CHARTER AMENDMENTS ON THE BALLOT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from its citizens,
finds that the proposed amendments to the City Charter as attached to this Ordinance should be
submitted to the qualified electors of the City of Atlantic Beach for consideration; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida fmds that the
adoption of this Ordinance is in the best interest of Atlantic Beach,Florida and its citizens.
NOW THEREFORE,BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach, Florida:
SECTION 1. Proposed Amendments to Charter. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendments to the City Charter:
Article II—The Commission
Section 14 — Induction of City Commission into Office — Meetings of City
Commission,to delete the reference to primary elections; and
Article IX—Elections
Section 39 — Nominations, to change references from "primary" elections to
general",
Section 40 — Elections: Primary, to eliminate the requirement to hold primary
elections, and
Section 41 — Elections: General, to provide that general elections for all City
Commission seats be determined by a plurality of votes cast,
all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if
approved by the qualified electors of the City,would replace the former provisions of Sections 14,
39, 40 and 41 of the City Charter.
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Agenda Item #1.A.
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SECTION 2. Submission of Charter Amendments to Public Referendum. The
amendments to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
SECTION 3. Appearance of Charter Amendments on Ballot.
a.The ballot title to be used in said election shall be as follows:
PROPOSED AMENDMENTS TO THE ATLANTIC BEACH CITY
CHARTER TO MODIFY CITY COMMISSION ELECTION
PROCEDURES
b.The ballot summary shall be as follows:
Shall the City Commission election procedures set forth in Sections 40 and
41 of the Atlantic Beach City Charter be modified to delete the requirement
to hold primary elections for all Commission seats and to provide instead
that general elections for all Commission seats shall be determined by a
plurality of votes cast and further, that references to "primary" elections in
Sections 14 and 39 of the Charter be changed to "general" elections, be
adopted?
Below the summary shall appear the following:
YES NO
SECTION 4. Effective Date. The proposed amendments to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed
with the Florida Department of State as required by law.
PASSED by the City Commission on first reading, this 23rd day of October, 2017.
PASSED by the City Commission on second and final reading,this J 3 day of No Vejnb4'2017.
CITY OF ATLANTIC BEACH
Mitchell E.Reeve , 'ayor
A FI EST:
r6a/itee.
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Alz\B Dur ` City Attorney
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Agenda Item #1.A.
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II
EXHIBIT A
PROPOSED AMENDMENTS TO SECTIONS 39,40 AND 41 OF ARTICLE IX
AND SECTION 14 OF ARTICLE II OF THE CITY CHARTER
Sec. 40. -Elections: Primary.
There are no primary elections for any seat on the City Commission of the City of Atlantic
Beach. • • . -
y
at the general election, provided, however, that should any candidate receive at such primary
Sec. 41. -Elections: General.
Beginning with the year 2019:
A regular or general election of candidates or nominees to the office of city commissioner shall
be held every even-numbered year on the same day as Florida's General Election for that year for
each seat on the city commission which shall become vacant on the second Monday in November
of the same year, or when the newly elected city commissioners assume the duties of office in
accordance with Sec. 14 of this Charter. ,..• - . .-..• - - •. " • . - -•••. . . •- . . ..
election in accordance with Section 40 of this Charter. The candidate or nominee receiving the
plurality-faajerity of votes cast for each seat at such general election shall be declared elected. In
the event of a tie between two candidates in the general election the candidates shall draw lots in
accordance with Florida Statutes to determine the winner.
Sec. 39—Nominations.
Any elector of the city having the additional qualifications and limitations as set forth in Article
II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only
by petition. A petition for this purpose shall be signed by not less than twenty-five (25) qualified
electors of the city. The signatures on the nominating petition need not all be subscribed on one
paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating
the number of signers of such paper and that each signature appended thereto was made in the
presence of the circulator and is the genuine signature of the person whose name it purports to be.
Each signer, including the circulator, shall provide his/her place of residence, including the street
and number. The form of the nomination petition shall be substantially as follows:
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Agenda Item #1.A.
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We, the undersigned electors of the City of Atlantic Beach hereby nominate
whose residence is for the office of
Commissioner, Seat No. to be voted for at the election to be held on
the day of A.D., and we individually certify that our
names appear on the rolls of registered voters, and that we qualified to vote for a
candidate for the city commission.
Name, street, and number address from which last date of registered (if different)
signing.
Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing
signatures. Each signature appended thereto was made in my presence and is the
genuine signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than forty (40) days prior to the first day of qualifying shall be
void. All petitions must be filed with the city clerk no later than 10 days prior to the qualifying
period. The qualifying period will begin no later than noon on the 715 day (Monday) prior to the
general primary election and will end at noon on the 67th day (Friday) prior the general pricey
election.All other qualifying papers shall be filed as one instrument with the city clerk during the
qualifying period. The city clerk shall make a record of the exact time at which each petition is
filed, and shall take and preserve the name and address of the person by whom it is filed. No
nominating petition shall be accepted unless accompanied by a signed acceptance of the
nomination in substantially the following form:
ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. on the city commission and
agree to serve if elected.
SIGNATURE OF CANDIDATE
Within two days after the filing of a nominating petition, the city clerk shall notify the
candidate and the person who filed the petition whether or not it is found to be signed by the
required number of qualified electors. If a petition is found insufficient,the city clerk shall return
it immediately to the person who filed it with a statement certifying wherein the petition is found
insufficient. Within the regular time for filing petitions, such a petition may be amended and filed
again as a new petition,in which case the time of the first filing shall be disregarded in determining
the validity of signatures thereon, or a different petition may be filed for the same candidate. The
petition for each person nominated to be a member of the city commission shall be preserved by
the city clerk until the expiration of the term of office for which the candidate has been nominated.
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Agenda Item #1.A.
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Sec. 14—Induction of city commission into office; meetings of the city commission.
After each primary election or general election (if needed), the newly elected city
commissioners shall assume the duties of office at the regularly scheduled meeting of the city
commission held on the second Monday in November provided that the Supervisor of Elections
has certified the election results. If the election results for any contested city commission seat
cannot be certified prior to the meeting to be held on the second Monday in November, then any
newly elected city commissioners shall assume the duties of office at the next regularly scheduled
meeting of the city commission following receipt of the certified election results from the
Supervisor of Elections. Until the newly elected city commissioners assume the duties of office,
the previous sitting city commissioners shall remain in office. All other regular meetings of the
city commission shall be fixed by ordinance,but there shall not be less than one regular meeting
each month.Except as provided by Florida's Government-in-the-Sunshine Law(F.S.286.011),all
meetings of the city commission shall be open to the public.
Words sicken are deletions;words underlined are additions.
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Agenda Item #1.A.
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House Joint Resolution No. 7105
A joint resolution proposing an amendment to Section 6 of Article VII and
the creation of Section 37 of Article XII of the State Constitution to
increase the homestead exemption by exempting the assessed valuation of
homestead property greater than $100,000 and up to $125,000 for all
levies other than school district levies, and to provide an effective date.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment to Section 6 of Article VII and the creation
of Section 37 of Article XII of the State Constitution are agreed to and shall
be submitted to the electors of this state for approval or rejection at the next
general election or at an earlier special election specifically authorized by
law for that purpose:
ARTICLE VII
FINANCE AND TAXATION
SECTION 6. Homestead exemptions.—
(a) Every person who has the legal or equitable title to real estate and
maintains thereon the permanent residence of the owner, or another legally
or naturally dependent upon the owner, shall be exempt from taxation
thereon, except assessments for special benefits, up to the assessed
valuation of twenty-five thousand dollars and, for all levies other than
school district levies, on the assessed valuation greater than fifty thousand
dollars and up to seventy-five thousand dollars, and on the assessed
valuation greater than one hundred thousand dollars and up to one hundred
twenty-five thousand dollars, upon establishment of right thereto in the
manner prescribed by law. The real estate may be held by legal or equitable
title, by the entireties, jointly, in common, as a condominium, or indirectly by
stock ownership or membership representing the owner’s or member’s
proprietary interest in a corporation owning a fee or a leasehold initially in
excess of ninety-eight years. The exemption shall not apply with respect to
any assessment roll until such roll is first determined to be in compliance
with the provisions of section 4 by a state agency designated by general law.
This exemption is repealed on the effective date of any amendment to this
Article which provides for the assessment of homestead property at less than
just value.
(b) Not more than one exemption shall be allowed any individual or
family unit or with respect to any residential unit. No exemption shall
exceed the value of the real estate assessable to the owner or, in case of
ownership through stock or membership in a corporation, the value of the
proportion which the interest in the corporation bears to the assessed value
of the property.
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Agenda Item #1.B.
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HJR 7105 LAWS OF FLORIDA HJR 7105
(c) By general law and subject to conditions specified therein, the
Legislature may provide to renters, who are permanent residents, ad
valorem tax relief on all ad valorem tax levies. Such ad valorem tax relief
shall be in the form and amount established by general law.
(d) The legislature may, by general law, allow counties or municipalities,
for the purpose of their respective tax levies and subject to the provisions of
general law, to grant either or both of the following additional homestead tax
exemptions:
(1) An exemption not exceeding fifty thousand dollars to a person who
has the legal or equitable title to real estate and maintains thereon the
permanent residence of the owner, who has attained age sixty-five, and
whose household income, as defined by general law, does not exceed twenty
thousand dollars; or
(2) An exemption equal to the assessed value of the property to a person
who has the legal or equitable title to real estate with a just value less than
two hundred and fifty thousand dollars, as determined in the first tax year
that the owner applies and is eligible for the exemption, and who has
maintained thereon the permanent residence of the owner for not less than
twenty-five years, who has attained age sixty-five, and whose household
income does not exceed the income limitation prescribed in paragraph (1).
The general law must allow counties and municipalities to grant these
additional exemptions, within the limits prescribed in this subsection, by
ordinance adopted in the manner prescribed by general law, and must
provide for the periodic adjustment of the income limitation prescribed in
this subsection for changes in the cost of living.
(e) Each veteran who is age 65 or older who is partially or totally
permanently disabled shall receive a discount from the amount of the ad
valorem tax otherwise owed on homestead property the veteran owns and
resides in if the disability was combat related and the veteran was honorably
discharged upon separation from military service. The discount shall be in a
percentage equal to the percentage of the veteran’s permanent, service-
connected disability as determined by the United States Department of
Veterans Affairs. To qualify for the discount granted by this subsection, an
applicant must submit to the county property appraiser, by March 1, an
official letter from the United States Department of Veterans Affairs stating
the percentage of the veteran’s service-connected disability and such
evidence that reasonably identifies the disability as combat related and a
copy of the veteran’s honorable discharge. If the property appraiser denies
the request for a discount, the appraiser must notify the applicant in writing
of the reasons for the denial, and the veteran may reapply. The Legislature
may, by general law, waive the annual application requirement in
subsequent years. This subsection is self-executing and does not require
implementing legislation.
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Agenda Item #1.B.
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HJR 7105 LAWS OF FLORIDA HJR 7105
(f) By general law and subject to conditions and limitations specified
therein, the Legislature may provide ad valorem tax relief equal to the total
amount or a portion of the ad valorem tax otherwise owed on homestead
property to:
(1) The surviving spouse of a veteran who died from service-connected
causes while on active duty as a member of the United States Armed Forces.
(2) The surviving spouse of a first responder who died in the line of duty.
(3) A first responder who is totally and permanently disabled as a result
of an injury or injuries sustained in the line of duty. Causal connection
between a disability and service in the line of duty shall not be presumed but
must be determined as provided by general law. For purposes of this
paragraph, the term “disability” does not include a chronic condition or
chronic disease, unless the injury sustained in the line of duty was the sole
cause of the chronic condition or chronic disease.
As used in this subsection and as further defined by general law, the term
“first responder” means a law enforcement officer, a correctional officer, a
firefighter, an emergency medical technician, or a paramedic, and the term
“in the line of duty” means arising out of and in the actual performance of
duty required by employment as a first responder.
ARTICLE XII
SCHEDULE
SECTION 37. Increased homestead exemption.—This section and the
amendment to Section 6 of Article VII increasing the homestead exemption
by exempting the assessed valuation of homestead property greater than
$100,000 and up to $125,000 for all levies other than school district levies
shall take effect January 1, 2019.
BE IT FURTHER RESOLVED that the following statement be placed on
the ballot:
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTION 6
ARTICLE XII, SECTION 37
INCREASED HOMESTEAD PROPERTY TAX EXEMPTION.—Propos-
ing an amendment to the State Constitution to increase the homestead
exemption by exempting the assessed valuation of homestead property
greater than $100,000 and up to $125,000 for all levies other than school
district levies. The amendment shall take effect January 1, 2019.
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Agenda Item #1.B.
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HJR 7105 LAWS OF FLORIDA HJR 7105
Filed in Office Secretary of State May 5, 2017.
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Agenda Item #1.B.
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Agenda Item #2.
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Agenda Item #2.
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