7-5-23 STOP Committee Adopted MinutesMINUTES
Safety, Traffic and Parking Committee Meeting
Wednesday, July 5, 2023 - 6:00 PM
Commission Chamber
Present: Ken Caudle, Chair
Richard Arthur, Member
Kelly Fanning, Member
Brinkley Harrell, Member
James Johnson, Member
Frederick Jones, Member
Grace Neville, Member
John Reich, Member
Michael Tari, Member
Also Present: Kevin Hogencamp, Deputy City Manager (DCM)
Jason Gabriel, City Attorney (CA)
1. CALL TO ORDER AND ROLL CALL
2. WELCOME/INTRODUCTIONS
Chair Caudle welcomed the group and each committee member made self -introductions.
3. CITY ATTORNEY OVERVIEW ON ETHICS, GOVERNMENT -IN -THE -SUNSHINE
City Attorney Gabriel presented the overview on government-in-the-sunshine/open meetings;
public records; and ethics. The Committee asked the City Attorney questions and discussed
various elements of the overview. (Public Records and Sunshine Laws Presentation is
attached).
Public Records and Sunshine Laws
4. COURTESY OF THE FLOOR TO VISITORS
- Pam McCrary asked about the Committee's process for allowing public input, and suggested
the committee consider setting aside time at the end of meetings for public comment.
- Jennifer Lagner thanked the Committee members for volunteering to serve.
5. COMMITTEE MEMBER OPENING COMMENTS
Each committee member provided an overview about the reason they chose to serve on the
committee.
6. DISCUSSION ABOUT COMMITTEE CHARGE, PARAMETERS, OBJECTIVES AND
ROADMAP
Safety, Traffic and Parking Committee
July 5, 2023
A discussion was held. Deputy City Manager Hogencamp will report back to the committee
regarding whether committee members can participate in the meetings remotely. Deputy City
Manager Hogencamp distributed a Sample Committee Recommendation Template
(attached).
Sample Commitee Recommendation Template
7. ELECTION OF VICE CHAIR AND SECRETARY
Fred Jones was elected Vice Chair; Grace Neville was elected Secretary. Both votes were
unanimous.
8. DISCUSSION ABOUT REGULAR MEETING TIME/DAY
Following a discussion, the next meeting was set for Thursday, July 20. The committee is
considering meeting on the third Thursday of each month. Deputy City Manager Hogencamp
reported that the third Wednesdays and fourth Thursdays of each month are available in terms
of staff and meeting room availability.
9. ITEMS FOR NEXT AGENDA
• Brainstorming session on safety, traffic and parking (full committee)
• Priority -setting exercise (full committee)
• Report on the City's award of a Federal Safe Streets and Road for All grant to develop a
Comprehensive Safety Action Plan (Deputy City Manager)
10. ADJOURNMENT
There being no further discussion, Chair Caudle declared the meeting adjourned at 8:01 p.m.
Attest:
Kevin Ho enca , ep y City Manager iten Caudle, Chair
Date approved: 77- 2-0- Z3
Safety, Traffic and Parking Committee
July 5, 2023
"Moral excellence comes about as a result of habit. We become just by
doing just acts, temperate by doing temperate acts, brave by doing brave
acts.» M "M
\:
N�;
-Aristotle
"Secrecy in government is fundamentally anti -democratic, perpetuating
bureaucratic error."
-Justice William O. Douglas
2
OPEN RECORDS LAWS
• Florida Statutes §119.01, et. seq.
OPEN MEETINGS LAWS
• Florida Statutes §286.011
3
History: Florida's first public records law was passed in 1909 and stated:
"That all state, count), and municipal records shall at all times be open for a
personal inspection of any citizen of Florida, and those in charge of such
records shall not refuse this privilege to any citizen."
Chapter 5942, Acts 1909, Sec 1.
• Codified in Chapter 119 of the Florida Statutes.
• Article
1, Section 24(a) of
the
Florida Constitution provides a constitutional
guarantee
as to the openness
of
public records.
Scope:
• Law requires a public custodian to permit the inspection and copying of all
public records under reasonable conditions and supervision.
§119.07(1) F.S.
• All documents are public records unless exempted by Florida statute.
§119.011(1) F.S.
• A public record is: "Any material prepared in connection with
business which is intended to perpetuate, communicate or
Shevin v Baron, Harles, et. al., 379 So.2d 633 (Fl. 1980).
business of the government, assume it's a public record.
5
official agency
formalize knowledge."
If it relates to official
§119.011(12) F.S. Definition of "Public Record":
"... all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or received
pursuant to law or ordinance or in connection with the transaction of official
business by any agency."
Consequences of failing to comply with the Act:
• A "knowing" violation of the law is a misdemeanor of the first degree punishable by
imprisonment in jail for up to 1 year.
§119.10(2) F.S.
• All other violations are noncriminal punishable by fines not exceeding $500.00.
§119.10(1) F.S.
• Civil actions: Violations likely result in civil action for injunctive or declaratory relief against
the City and the individual officer where the claimant will seek to: (a) declare the violation
(§119.011 F.S.); (b) Compel disclosure and copying (Staton v McMillan, 597 So.2d 940 (Fla 11t
DCA 1992); and (c) Award attorneys fees and costs in the event of violation (§119.012 F.S.).
• Records can only be destroyed with approval of the State of Florida's Division of Library and
Information Services, Department of State. (§119.05 ES.).
7
• Florida established a requirement in 1967 to have meetings open to the
public. The basic law is found in Chapter 286 of the Florida Statutes where it
states:
"All meetings of any board or commission ... or of any agency or authority
of an), county, municipal corporation, or: political subdivision . . . at which
official acts are to be taken are declared to be public meetings open to the
public at all times, and no resolution, rule or formal action shall be considered
binding except as taken or made at such meeting. The board or commission
must provide reasonable notice of all such meetings." (§286.011 ES.).
• Article 1, Section 24(b) of the Constitution of the State of Florida provides
a constitutional guarantee as to the openness of public meetings.
D
Scope:
Law applies to all publicly elected and appointed officials, commission,
councils, boards and committees and includes members -elect.
• Law requires meetings to be open to the public;
• Law requires reasonable notice of each meeting;
• Law requires minutes of each meeting to be taken and transcribed.
9
Consequences of failing to comply with the Act:
• A "knowing" violation of the law is a misdemeanor of the second degree
punishable by imprisonment in jail for up to 60 days. §286.011(3)(b) F.S.
• All other violations are noncriminal punishable by fines not exceeding $500.00.
§286.011(3) (a)) F.S.
• Civil actions: Violations likely result in civil action for injunctive or declaratory
relief where the claimant will seek to: (a) declare the violation; (b) stop future
violations; (c) invalidate action taken by the Council or Committee; and (d) award
attorneys fees and costs in the event a violation is found even against the
individual in violation (§286.011(4) ES.).
10
Applicable when:
• Any 2 or more board members meet to discuss any matter which will
foreseeably be acted upon by the board. This includes all meetings, subcommittee
or otherwise, casual or chance gatherings, telephone conversations, written or
electronic correspondence used to develop a position or engage in a written
debate, liasons used to communicate information between members.
• The law does not apply to: meetings between • single board members and the
Mayor, or one or more of the Mayor's staff, • a single board member and
members of the public, • a single board member and one elected or appointed
official from another board • board members speaking about philosophies, trends
and issues facing the City at a public forum where there is no intent to circumvent
the law.
11
TNTpes of discussions covered b)T the Sunshine Law:
•Any matters which will foreseeably be acted on by the board
•Pending ordinances, resolutions and agenda items
•Matters that will foreseeably be drafted into ordinances, resolutions and
agenda items such as fact-finding matters, investigative inquiries, personnel
matters, interviews, screening committees, most economic development
matters, quasi-judicial matters and most legal matters.
12
Exemptions include (Shade Meetings - "out of the sunshine"):
• Certain collective bargaining strategy sessions - §447.605(1) F.S.
No notice and no minutes are required
• Limited attorney-client litigation strategy sessions - §286.011(8) F.S.
Strict notice, and steno -reported minutes are required to be taken and printed.
• Other exemptions that may be created by Florida Statute from time to time.
13
Notice, Location and Procedural Requirements
• Reasonable notice is an undefined term subject to interpretation on a case
by case basis. §286.011(1) F.S.
• 24 hours is generally considered the minimum notice for special meetings.
Take note of any further Ordinance or Statutory notice requirements. Further,
some meetings must be advertised.
• Reasonable notice is required even if there is general knowledge of the
meeting or even if a quorum will not be present.
• Notice must be posted in an area typically set aside for posting City notices.
• Meetings at public facilities are required by the City's Ethics Code, Chapter
602.
• Meetings must be located where the public has a reasonable opportunity to
attend, and not a location that discriminates. §286.011(6) F.S.
14
CITY OF ATLANTIC BEACH
SAFETY, TRAFFIC AND PARKING COMMITTEE
RECOMMENDATION TO CITY COMMISSION AND CITY MANAGER
DATE: July 12, 2023
TO: Mayor Ford and Members of the City Commission
FROM: Safety, Traffic and Parking Committee (Ken Caudle, Chair)
SUBJECT: Motor vehicle parking hours at beach accesses
COMMITTEE MEETING DATE: July 5, 2023
SUMMARY/ISSUE:
Some beach access have signage stating that parking is prohibited between 11 p.m. and 6 a.m.; some
say that parking is prohibited between 9 p.m. and 6 am.; and some beach accesses have no such
signage. There's nothing in the city code that regulates the end of the day for public parking.
BACKGROUND, DISCUSSION AND/OR JUSTIFICATION: TBD
COMMITTEE RECOMMENDATION:
The City establish uniformity by posting signage and enforcing no motor vehicle parking between 9 a.m.
and 6 p.m. at all beach accesses. The sign should say "No parking between 9 p.m. and 6 a.m."
FISCAL IMPACT: Approximately $540 for nine signs and posts, per DCM Hogencamp
COMMITTEE VOTE: Unanimous
ATTACHMENT(S): TBD
COMMITTEE CHAIR SIGNATURE:
REVIEWED BY STAFF LIAISON