Agenda Item 7A - Ordinance 5-14-61CITY OF ATLANTIC BEACH
C ITY COMMISSION MEETING
ST AJ?F REPORT
AGENDA ITEM /17A
JUN I·: 9, 20 14
AGENDA ITEM: Ordina nce No. 5-14-61: A m end in g C hapte1· 2 of the
C ode of Ot·dinanccs, A dminis tration, Article II, C ity
C ommission, Sec. 2-16, Tim e and Place of Regular
meetings, to provide for two reg ul ar mee tings.
SUBMITTED BY: Nelso n VanLiere, City Manager ~
Donna L. Barile, City C lerk ,A f7jJ
DATE: May 19 ,2014
BACKGROUND: At th e May 12, 2 014 meeting, th e Cit y Co mmi ss ion di sc us se d pr o po se d
Ord inance No. 5-14-61 a nd dec ided to defe r acti on in order to give Sta ff the opport un ity
to present addit io nal op ti ons.
The Staff and the Comm ission nee d to work together to produ ce an agenda that is bot h
in fo r mative to the pub lic and a ll ows fo r bus in ess to be e flic ie ntly carri ed on month to
month . It is c lea r th at giving ample time for the public to we igh in on im po rtant iss ues is a
pri o ri ty in Atlant ic Beach. As a result of dis cuss io n from th e prev ious meetin gs , Staff has
com e up with a bett er way to mee t bo th needs. Upon approv al of the atta ched ord in ance,
Sta ff ca n prepare age ndas th at en s ure it ems of signific ant imp ortance arc di sc ussed
thorough ly and that tho se of a rou tin e nature can move forward .
To ass is t in und ersta ndin g how the pre paration of th e age nd a wi ll work, we hav e c re ated
an outli ne att ac hed ca ll ed: Agenda P r e pal'ation G uidelines. Th is chart in dicates how
each type of item is to be cons id ered in th e comp il ation of th e age nd a. Upo n examination
of the gu id elines, yo u can se c th at mos t items, with th e ex ceptio n of Action on
Ordinances a nd Miscellaneous Business item s wou ld appear onl y once. Ordinan ces
represent the crea ti on of le gislation an d are req uired to be hea rd mo re than once.
Miscell aneo us Bu siness it e ms re prese n t a va ri e ty of ite ms with va rying sign ifi ca nce from
agend a to agend a. In thi s M iscellan eou s Business sec ti o n of the age nd a is where we
prop ose to give spe c ial a tt ention.
He ms that a re routin e in natu re wou ld be found on the Consent Agenda. Wh en p lacing
ite ms on th e age nda und er M iscell a n eo u s B u s iness, t he opt ions would be to e ith er
schedu le for one meetin g or sched ul e fo r two mee tin gs . Und er e ith e r op ti on, th e
Co mmi ssio n cou ld dec id e to defer the ite m to a fu ture meeting or t o a wo rkshop. S taff
wo ul d ens ur e that spec ial cons id eration would be giv en to any it ems that may aff ect the
ci tize ns di rec tl y, or th at may be uniqu e, of large doll ar am ount s, or it ems kno wn to be
co ntrov e rs ial. T he se items may in c lud e thing s th at affect ne igh borhood s or special
int eres t group s . Wh en an it em is dee med to be of signi fi cant importance, Staff wou ld
include it on th e agenda as a di scussio n it em on the in iti al meeting and as a n action ite m
on a subsequent meeting, i.e., l arge fir st tim e con tra cts or consh·u ction proj ects in a
nei g hborho od. Howeve r, if the Co mmi ss ion beli eves more lime o r inform ati on is needed ,
they a lways have the op ti o n to defer the item to a future meetin g or schedu le a specia l
works hop. T hi s system wo uld be flex ible and productive, whi le still holdin g everythin g
that is of any s ignifi can t in te re st to a parti cul ar group over for a seco nd meetin g. For
BUDGET:
AGENDA ITEM# 7A
JUNE 9, 2014
example, an award of an annual contract for concrete repairs is operational and would be
on the Consent Agenda, passing with one meeting; while a sidewalk down ABC Street
would be a Miscellaneous Business item scheduled for two meetings, since the sidewalk
project directly affects residents and they need to know about it and have a chance to
weigh in.
Staff will also implement the revised deadlines discussed in the previous meeting to allow
the Commissioners and the public an extra five to seven (5-7) days with the agenda before
the meeting to allow for input and questions to be answered. This extra time will prove
significant for those involved in preparations for a meeting.
Also, as a result of the comments made at the last meeting, Staff has amended the
proposed ordinance to reflect the original meeting time as 6:30p.m.
No budget impact.
RECOMMENDATION: Approve Ordinance No. 5-14-61.
ATTACHMENTS: Staff Rep01i dated April 18, 2014
Agenda Preparation Guideline Chmi
Ordinance No. 5-14-61
C ITY Oli' ATLANTIC BEACII
C ITY COMM ISS ION M~I~TING
STA FF IU~POI~T
1\GEND/\ IT~M 11 7A
JUNE 9, 2014
AGl!:NDA ITEM: Ordinnncc No. 5-14-6 1: Amending Chapter 2 of th e Code uf OrdinmH.:cs,
Admini strnt ion, Article If, Ci ty Co mm i ss ion, Sec. 2-l o, Time und Plu cc of
Reg ular meetings, to provide for two regular meet ings.
SUIJMITTI~O BY NL!Ison Vnn Li<.:rc, City Mnnug<.:r c..:_.C __
I>ATI!:: A pr il 18,20 14
IJACKGROUNI>: On April 8111 , 20 13 , th e Ci ty Co mmi ss ion ;~ppro vcd Onlitw11 cc No. 5-13-58
nm en clin g th e Code to repla ce one of th e two sched uled meetings per month with
It workshop . Thi s wm; done us a tritt l to ndd rc ss complaint s fi ·om th e publi c thn t
there WHS 1101 cmJugh lim<.: for cit ize n input on thu11 ge ndn item s bclhre u vote. 13y
workshopping th e upeoming ugcnd u, citizens hav e more tim e and opportunity to
be hcurd on all items bcforc a vote is cns t.
StniT has worked very lwrd to mn ke the tmn sitio n into th e on e meeting u month
seh ctlu l ~ success f'ul. llowcvcr, implcrn cntntion o f' this new sched ul e ha s been
extremely eli l'ficull lor stn f'f. Aller cnrcf'ul co nsidcrnt ion, we believe we have
come up with an altcmativc that will address everyon e's co ncc m s.
Be low is n li s f of unintended consequences thnf have been n challenge tn st11fl'
since the inception of a on e meeting per mon t h schedule.
I. The ngendns nrc roughl y t wice th e size. This by it sc i r would not seem to he nn
i ssue. Plcns~ co nsid er thn t each it em is irnportunt nnd i s th e resu lt of stair's hard
work. The cnt ire ngc ndo mu st be ind exed nncl pnginatcd, co pi ed and bound,
scunncd und upl oade d, distributed and linl<ecl to web pa ges.
2. .Meetings me twice m: long. A direct result or th e leng th y agenda is th nt th e
mee ti ngs tnk e twice as long beca use the re arc t wice as many it ems to discuss.
3. I llC hurcnuora cy add ed to th e {tllJ1J:Q..VU I process slows th e npprovul or routine
item s dow 11. For man y import nnt items, we recog ni ze it i s important l o sl ow
down und hcn r comme nt s more thnn once. Routine items , ho wever: ;-~re hel d up in
thl: sn mc timdinc und nrc nt•l nblc to movu fbr wu rd despite little or no comrncnts
fi·om th e dtizcns. Co nse nt items tnke only a lew minut es tu pu ss in th o me eting,
hut 11 full three to four weeks to go throu gh th e entire upprovu l process.
4. Staff Jl!:£11Hrnlio n seemingl y never end :;. As staff' prepares for Com m iss ion
m eeti ngs, we Wl'itc proposa l s an<lrescnrch u tremcndow; amo unt of inl i.l t'lllntion in
prcpnrntion t<Jr th e mee tin g. It ems of routine nuturc arc di sc ussed tw ice , mo re
important i tems four time~ ond some times, i r d efcrrcd or jS th e result or un initial
proposa l that l ed to th e ucti on, the ngc ndu it.cm mny need to be li·csh in our minds
for six \.vecks ns new it ems Hccumulatc. W e need t o be nblo to luke uction und
move forwnl'd.
5. Every Agendu has been umcndcd. Since th e in ce pti on or the on<.: m ee tin g
schedu l e, we hav e had nun1 crous spe cia l cu ll ed mee tin gs nnd every work~hoppcd
ngcndu ha s bct:n nmcndcd . As sturf tries to mnkc progress on projects or
cn ntmc ts, we sit nncl wnit th ro ugh long worksh ops where no ucti on cm t b e t ake n,
th ere wns no disc ussio n or co mm ents ~ltld }'Cl we mu st wait unothcr two w~cks for
nn upprovu l.
AGENDA ITEM # 7 A
JUNE 9, 2014
6. Ordinances require an additional month for approval. Ordinances set policy and
require two meetings to approve. This is by design a method of seeking
additional public input.
7. Workshop format places the Commissioners on the floor for round table
discussions. This helps, but almost every meeting there is a special called
meeting. This requires the cameras to be arranged differently and the sound
system is not as good due to the failure of Commissioners to speak into the mic.
We have had numerous complaints about the citizens not being able to hear the
Commissioners when they are seated in the workshop format. The public gets
confused about whether they are going to get action on an item or not. Staff is
unsure in some cases whether the invited speakers should come to a workshop,
Commission meeting or both.
8. Fear of missing an agenda deadline is real. Staff strives very hard to meet
deadlines. With only one meeting, the consequences of missing an agenda
deadline means either waiting another month for approval or requires that a
special called meeting be scheduled.
9. The meeting of most importance to the citizen is the workshop. This is where the
discussion takes place and this is the meeting the Commissioners need to be best
prepared for. The agenda is received two to three business days ahead of the
workshop. Of course they can prepare over the weekend and have four or five
days max. This gives commissioners only a few days to meet with staff to get
questions answered and we are busy getting ready for the meeting too.
Solution:
The solution being proposed is to return to two regular meetings a month, move
the agenda deadline up to allow for publicizing the agenda a minimum of 10 days
prior to the meetings, and start the meetings 30 minutes earlier. Below are the
reasons this approach would work in reference to each of the above items.
• Items 1 and 2 are addressed because the meetings will occur more often, each
agenda is smaller and therefore the meetings will be shorter. Also, returning to a
starting time for the meetings of 6:00 p.m. would allow staff and citizens to at
least get out 30 minutes earlier. Thirty minutes may not seem like a big
difference but for those who have to be at work at 8:00 a.m. the next morning, it
does make a difference.
• Item 3 -Consultant presentations or interviews of selected persons for contracts
can be approved in the same night, if desired. The option to defer has always
been available.
• Items 3 and 4 -Items of a routine nature can be approved twice a month, allowing
staff to get projects started and allowing us to react and respond quicker to citizen
requests.
• Item 5 -Staff can prepare the reports for approval, attend a meeting and move
forward to the next project. The constant preparation and attendance at long
meetings for items on the agenda that pass with no discussion is a waste of
everyone's time.
• Item 5 -The number of amended agendas will be greatly reduced. The number of
versions of agendas floating around is becoming ridiculous. The Clerk has to wait
until the last minute to publish the agenda to make sure all the amended portions
are included.
• Item 6 -Items of significance deserve either a deferral for more discussion, a
public hearing and or a second reading. Ordinances are policy setting legislation
and as such require two meetings to pass. Significant/complicated items, such as
/\GENOA ITEM 117A
JUNE.9, 20 14
th e llumnn Right s Ordinance, may be discussed inn sepurntc workshop. This ha s
nlways been an option .
o Item 7 ~All meetings cnn take place in the lonn a! sctti t1 g with th e exception of the
workshops cn lled to discuss chosen items o f significa nce. The quality or the
v ideo will be better l or the viewi ng public ancl the professionalism will be
cnhunccd. Workshop settings sho uld be for i nformal discuss ions of n limited
number ol'topics.
o Item 8 -The lear of missing u meeting deadlino will be grea tl y reduced when
there will he nnothcr meeting within u few weeks.
11 Item 9 -The c hun gc to th e agenda procc!-:s will allow Commissioners, s tun:
citizens and the press In receive the Hgcndn nt lens! l 0 days in ndvanec or the
meeting. T his will allo\>v Commissioners two weekends to review nnd umplc time
to talk with c itize ns nnd get with staff. It will allow st nfr to rcse nreh and un swcr
ndditionul concerns or ci tizens nO cr rcuding the reports . The ngendn will he
puhlishctlior the public t o n:vicw nnd st niTis uvni l ahlc to ndclress concerns before
th e meeting lor over a week . It will allow th e pres:-; to publish information nboul
items of iotcr cst prior tn th e meeting. This will l ead tn n better informed public
nnd Comrn i ss i(lll and in turn l ea d to bett er dec i sion making.
Keep in lllind that we hove implemented other procedures to c nhnncc
communications with th e cit i zen:-; since the one m ee ting schcdulc wns
implemented. We nrc no w v idcotuping m cuting:-; unci providing el cctrnnic
ugcndns fllr commissioners to usc on city provided i Puds. Munagcment now
cncourngcs commiss i oners to directly seck nnswcr s ll·om sta!'f if needed. This
enhance..-: th e response time when ga thering infonnntion l or mt.:ulin g prcpnmtionA.
BUDCF.T: No budget itnpnct.
RECOMMIO:NOATION: Approve Ordimmcc No. 5-14 -6 1
ATTACIIMI~NTS: Ordinance No. 5-14 -6 1
I
IU~VIEWICI> BY C ITY MANAGER:~rl c.q{, /
Item
Approval of Minutes
Approval of Minutes
Courtesy of the Floo r to Visitors
Courtesy of the Floor
Presentation
Pr oc lam at ion
Unfinished Business
CM Fo llow-u p Report
Consent Agenda
Monthly Reports
Qu art e rly Report
Annual Report
Written Report on a specific
project
Declare Prope rty Su rplus
A pp rove Ca lendar
Awa rd initia l co ntract contrac t for
Bid
Award RFP
Extend Contract when a llowed for
in the curre nt terms.
Committee Reports
Committee Report
Action on Resolut ions
Resolution
Action on Ordina nces
Ordinance
M isce llaneous Business
Use -by-Exception
Wa iver
A pprova l of Contract with
sign ificant i mportance a nd value
Appointment of members to a
stan ding Board o r Committee
Estab lishing an Ad Hoc Co mmit t ee,
then a_ppo inting its members
City Manager
City Manager Report
Reports and/or Requests from City
Commissioners and City Att orney
Announceme nts
Agenda Preparation Guidelines
Purpose Requires Special
Advertising
Action No
Inform atio na l-No Action No
Informat io nal-No Action No
Ceremonial-No Action No
Informational-No Action No
Acknowledge Receipt No
Acknowledge Receipt No
Acknowledge Receipt No
Ac kn owledge Receipt No
Action No
Action No
Ac tio n No
Action No
Acti on No
Informational No
Ac tio n *No
Actio n Yes
Action Yes
Action Yes
Action No
Action No
Actio n No
In formational No
In formationa l No
Requires a
Public Hearing
for CC meeting?
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
*Yes
Ye s
Yes
No
No
No
No
No
AGENDA ITEM //7A
JUN E 9, 2014
Standard# of
times needed
on the agenda
1
N/A
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
1
1
2
1
2
1
N/A
Agenda Preparation Guidelines
*Exceptions:
AGENDA ITEM# 7 A
JUNE 9, 2014
1. Ordinances and Resolutions to set the annual operating budget and millage rate require special advertising and
two public hearings.
2. Changes in Zoning District Classifications, Special Planned Areas (SPA's), changes to Land Development
Regulations and Comprehensive Plan Amendments require one public hearing at the Community Development
Board (CDB) meeting so the CDB can make a recommendation to the Commission. They also require two public
hearings at City Commission meetings.
Notes:
Variances are handled through the Community Development Board {CDB) and require a Public Hearing. No Commission
action is needed.
Use-by-exceptions are heard by the Community Development Board (CDB) for a recommendation, then to the
Commission.
Any agenda Item that requires action and does not have written information in the initial packet, will most likely require
an additional meeting in order to provide advance notice of the details and to allow time for citizen input.
ORDINANCE 5-14-61
AGENDA ITEM# 7A
JUNE 9, 2014
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES,
ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-16,
TIME AND PLACE OF REGULAR MEETINGS, TO PROVIDE FOR
TWO (2) REGULAR MEETINGS PER MONTH EXCEPT FOR
DECEMBER AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Sec.2-16 ofthe Code of Ordinances ofthe City of Atlantic Beach, Florida, is
hereby amended to read as follows:
(a) The FeQl:llar meetings of the city commission shall be held on the second Monday of each
mGfltR.:.
(b) Schedl:lled •Norkshops of the city commission shall be held as follows:
(1) In the months ofJanl:lary throl:lgh No•Jember, on the fol:lrth Monday of the month.
(2) In the month of December, on the third Monday of the month.
(G) All regl:llar meetings and sohedl:lled workshops of the city commission shall be held in city hall
at6:30 p.m.
(d) If the second or fol:lrth Monday falls on a holiday, the regl:llar meeting or schedl:lled •Nork.shop
shall be held on Tl:lesday immediately follo•Ning the holiday.
Sec.2-16 Time and place of Regular meetings.
The regular meetings of the city commission shall be held on the second and fourth
Mondays of each month, except December, in city hall, at 6:30 p.m. If the second or fourth
Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately
following the holiday. In the month of December, the regular meeting shall be held on the
second Monday of the month.
SECTION 2. This ordinance shall take effect immediately upon its final passage and
adoption.
PAS SED by the City Commission on first reading this __ day of __ _
PASS ED by the City Commission on this second and final reading this __ day of __ .
ATTEST:
Donna L. Bartle, CMC
City Clerk
Approved as to form and correctness:
Rich Komando
City Attorney
Carolyn Woods
Mayor, Presiding Officer