12-9-24 Commission Workshop Meeting Adopted MinutesMINUTES
Commission Workshop Meeting
n Monday, December 9, 2024 - 5:30 PM
City Hall, Commission Chamber
800 Seminole Road, Atlantic Beach, FL 32233
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1
Thomas Grant, Commissioner - Seat 3
Bruce Bole, Commissioner - Seat 2 (District 1308)
Michael Waters, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Also Present: William B. Killingsworth, City Manager (CM)
Kevin Hogencamp, Deputy City Manager (DCM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Michelle Weippert, Records Management Specialist (RMS)
CALL TO ORDER
Mayor Ford called the meeting to order at 5:30 PM.
1. TOPICS
A. Regular meetings
• Workshops (i.e. Priority Setting/Visioning, Budget, Projects, etc.)
• Town Halls
• Special Called meetings (i.e. Appeals, Waivers, Emergencies, etc.)
AB Code Sec. 2-16 - Time and Dlace of reg lar meetings
AB Resolution No. 13-08 - Town Hall meetin s
AB Code Sec. 2-17.- Calling special meetings
CC Bartle provided an overview of the meeting schedule and explained the process to
make changes. There was a CONSENSUS to change the Regular Commission Meetings
to 6:00 PM.
CM Killingsworth spoke about standalone workshop meetings and incorporating them
into regular Commission meetings. He also, spoke about the Town Hall meetings and
the Commission recommended no changes.
Commission Workshop
December 9, 2024
B. Scheduling/Calendar
CC Bartle encouraged the Commission to let staff know of vacation plans. She asked
for feedback regarding days and times of the week that are good for extra meetings. CC
Bartle encouraged timely responses to emails and briefly explained the 90 -Day Calendar.
Commissioner Ring expressed that getting invites to events from the 90 -Day Calander
would be helpful.
C. Agendas
2025 A enda Deadlines and Process
CC Bartle explained the agenda timelines and process and answered questions from the
Commission. CC Bartle asked the Commission their preferences about getting a printed
agenda.
CM Killingsworth requested that agenda items/topics be presented to him for discussion
and assistance prior to the Wednesday before a Commission meeting.
D. Invocation
CC Bartle reported on this item and requested the Commissioners let her know if they
will be bringing anyone in to give the invocation. She reported that the invocation
schedule will be located at each seat of the dais.
CA Gabiel provided legal perspective regarding guidelines on invocations.
E. Meeting Rules
AB Code Sec. 2-19. Rules of Conduct and procedure at meetings
CM Killingsworth spoke on making some changes about conduct. Discussion
ensued regarding this topic.
CM Killingsworth discussed the possibility of the Mayor Pro Tem as a floor leader.
Discussion ensued regarding this topic.
CA Gabriel explained the Mayor Pro Tem can make a motion and does not have to
vote in the affirmative. He explained that the Commission has the ability to include
a rule that deviates from Robert's Rules of Order.
CM Killingsworth mentioned that he would prepare the requested rules for the
Commission and present them before incorporating them into an ordinance.
F. Process for Public Comments
• Courtesy of the Floor
• Public Hearings
Speaker Request Card
Commission Workshop
December 9, 2024
CC Bartle briefly explained the public comment process, speaker forms, and answered
questions from the Commission.
CA Gabriel provided additional comments about requirements for public commenting.
G. Use of City Email
CC Bartle encouraged the Commission to use their City email for City business, she
encouraged them to forward any City related emails received on their personal email
account to their City email address. CC Bartle discussed the current set up of
el ctedofficials coab.us.
CM Killingsworth explained his use of the elected officials email address and
encouraged the Commission to be conscious of responding to something that has
all Commissioners on it.
H. Communication
DCM Hogencamp briefly reported on this item as detailed in the agenda packet.
I. Vision and Mission Statements
Vision Statement and Mission Statement
Mayor Ford deferred this item for future discussion.
J. Training
• Code of Ethics, Public Records, Public Meetings (Sunshine Law)
• Institute of Elected Municipal Officials - Florida League of Cities (FLC)
F.S. 112.3142 Ethics trainine for specified constitutional officers, elected municipal
officers, and commissioners
CA Gabriel discussed as detailed in a presentation (which is attached hereto and
made a part of this official record as Attachment A).
12-9-24 Attachment A
K. Establishing Priorities
Mayor Ford deferred this item for future discussion.
L. Miscellaneous
None.
2. PUBLIC COMMENT
There were no speakers.
ADJOURNMENT
The meeting adjourned at 6:37 PM.
Commission Workshop
December 9, 2024
Attest:
Donna L. Bartle, City Clerk
Date Approved: !;3 2J�
Curtis Ford, ayo
Commission Worksbop
December 9, 2024
Attachment A to
12-9-25 minutes
Attachment A to
12-9-25 minutes
"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." r�ro
-Aristotle
'i6 .
"Secrecy in government is fundamentally anti -democratic, perpetuating
bureaucratic error."
-Justice William O. Douglas
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Attachment A to
12-9-25 minutes
OPEN RECORDS LAWS
• Florida Statutes § 119.01, et. seq.
OPEN MEETINGS LAWS
i Florida Statutes §286.011
I]
Attachment A to
12-9-25 minutes
History: Florida's first public records lav was passed in 1909 and stated:
"That all state, county 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 I.
• Codified in Chapter 119 of the Florida Statutes.
■ Article
11 Section 24(a) of
the
Florida Constitution provides a constitutional
guarantee
as to the openness
of
public records.
Attachment A to
12-9-25 minutes
Scope:
• Lary requires a public custodian to permit the inspection and copying of all
public records under reasonable conditions and supervision.
§119.07(1) F.S.
i All documents arc public records unless exempted by Florida statute.
§119.011(1) FS.
•A public record is: "riny material prepared in connection with official agency
business which is intended to perpetuate, communicate or formalize knowledge."
Shevin v Byron, Harles, et. al., 379 So.2d 633 (Fl. 1950). If it relates to official
business of the government, assume it's a public record.
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Attachment A to
12-9-25 minutes
§119.011(1-?) 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.
Attachment A to
12-9-25 minutes
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 I year.
§119.10(2) F.S.
• All other violations are noncriminal punishable by fines not exceeding S50O.UO.
§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 ES.); (b) Compel disclosure and copying (Staton v. -McMillan, 597 So.2d 940 (Fla 1"
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 L,ibrary and
Information Services, Department of State. (§ 119.05 ES.).
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Attachment A to
12-9-25 minutes
• 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 ti\?here it
states:
"All meetings of any board or commission ... or of any agency or authority
of any 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 F.S.).
• Article 1, Section 24(b) of the Constitution of the State of Florida provides
a constitutional guarantee as to the openness of public meetings.
Attachment A to
12-9-25 minutes
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.
0400h�
Attachment A to
12-9-25 minutes
Consequences of failing; to comply with the Act:
A "knowing" violation of
the
law is a
misdemeanor of
the
second degree
punishable by imprisonm.cnt 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.
§?86.011(3)(a)) F. S.
i 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.).
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Attachment A to
12-9-25 minutes
Applicable when:
•Any 2 or
more board members meet
to discuss
an` matter which will
foreseeably be
acted upon by the board. This
includes all
meetings, subcommittee
or otherwise,
casual or chance gatherings,
telephone conversatiolis, 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 therc is no intent to circumvent
the law.
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Attachment A to
12-9-25 minutes
Types of discussions covered by 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.
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Attachment A to
12-9-25 minutes
Exemptions include (Shade Meetings - "out of the sunshine"):
Certain collective bargaining strategy sessions - §447.605(l) F.S.
No notice and no minutes are required
o 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.
J
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Attachment A to
12-9-25 minutes
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.
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