Amended Agenda #7A - Ordinance No. 5-14-61CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
i\M!;NI)ED AO ENI)A ITEM IJ 71\
JUNE9,2014
AGENDA ITEM: Ordinance No. 5-14-61: Amending C hapter 2 of the
Cod e of O rdinances, Admiuist•·ation, Article II, City
Commission, Sec. 2-16, Time a nd Place of Regular
meetings, to provide fol' two r egular meetings.
SUBMITTED BY: Ne lson Van Liere, City Manager ~
Doru1a L. Bartle, City Clerk .Afl?.J
DATE: May 19,2014
BACKGROUND: At the May 12, 2014 meeting, the City Commiss ion discussed proposed
Ordinance No. 5-14-61 a nd decided to defer action in ord er to give Staff the oppo rtunity
to presen t additiona l options.
The Staff and the Co mmi ssion need to work logether to produce an agen da th at is both
informalive to the publi c and all ows for bu siness to be efficientl y catT ied on month to
month. It is clea r that giving ample lime for the p ubli c to we igh in on important issues is a
priority in Atlantic Beach. As a result of discussion fi"om the previous meetings , Sta ff h as
come up with a better way to meet bot h needs. Upon approval of the attached ordinance,
Staff can prepare agenda s that ensure item s of signific ant importance are discussed
thoroughly and that tho se of a routine nature can move forward.
To assisl in und ers tandin g how the prepara tion of th e agenda w ill work, we have created
an outline attached ca lled: Agenda Prepa r ation Guidelines. This cha rt indicates how
each type of item is to be considered in the compilation of the agenda . Upon exami nat ion
of the guidelines, you ca n sec that most i tems, with the excep li on of Action on
Ordinances and M.isceUaneous Business items wou ld appear only once. Ordinances
represen t the creatio n of legis lat ion and are requ ired to be heard more than once.
Miscellaneous Busine ss item s represent a variety of items with varying significance from
agenda to agenda. Tn thi s M iscellaneous Business section of the agenda is where we
propose to give special attention.
Item s that are routine in nature would be found on th e Consent Agenda. When p lac ing
items on the age nda tmder Miscell a n eous Business, th e optio ns wou ld be to either
sched ule for one meeting or schedu le for two meetings. Under e ither option, the
Comm iss ion could decide to defer the item to a future meeting or to a works hop. Staff
wou ld ensure that special co nsiderat ion would be given to any items that may affect th e
citizens directly, or that may be uniqu e, of large dollar amou nt s, or items known t o be
controversial. These items may in clude th ings that affect neighborhoods or special
interest gro ups. When an item is deemed to be of significant importance, Staff wo uld
include it on the age nda as a discussion item on the initia l meeting and as an action item
on a subseq uent meeting, i.e., large first time contrac ts or construction projects in a
neighborhood. However, if the Commission believes more time or infmmation is needed,
they always have the option to defer the item to a fut1.1re meeting or schedu le a special
workshop. This sys tem wou ld be flexible and productive, whi le sti ll holding everything
that is of any significant interes t to a particular group ove r for a seco nd meeting. For
BUDGET:
AMENDED 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: StaffRepmi dated April18, 2014
Agenda Preparation Guideline Chart
Ordinance No. 5-14-61
C ITY OF A'I'LANTIC BEACH
CITY COMMISSION MEETING
STAFF UEPORT
AMENDED AU END/\ ITEM II 7/\
JUNE9,20 14
AGENDA rn:M : Ordinan ce No. 5-14-6 1: Amending Chnptcr 2 of th e Code of Onlinunccs,
Admini strn tion, Article II , Ci ty Co mmi ssio n, Sec. 2-16, Time und Plncc of
Rcgu lnr meetings , to provid e for two rcguln r meetings.
SUUMITT ED BY Nelson Von Licrc, Ci ty Mnnagcr CL_C __
OATE: April 18,20 14
BACJ<GROU N I>: On April 8111 , 20 13, th e Ci ty Com mi ssio n approved Ordi nance No. 5-13-sg
nmcnding the Code to replace one of th e two schedul ed meetings per month with
a wo rksho p. Thi s wa s <.IOJl e HS ~~ trial to ndd rcss co mpl 11 int s fi ·um til e publi c th nt
there W<lS not enough lime for cit ize n input on the ngcndn items bclorc n vote. By
workshoppi ng th e upcoming agenda, citizens hnvc more tim e mul opportunity to
be heard o n all it ems befo re a vote is cns t.
Sta rr has worked ve ry hnrd to muke the tran siti o n into the nm: meeting u month
sched ul e ~uccess li.ll . ll owcvc r, impl emen tation of this new sched ul e has b~.:~.:n
exii'C ill cly dil'fieull tor slrlff. After careful considcrotion, we believe we have
come up with nn nltc rnntivc thilt will nddrcss everyone's co ncc ms.
Below is a list of unintend ed couscqucnccs that have been n chniJcn gc to sta ff
since the inCCJJtion of a ouc meeting IJCr month schedule.
I. The agendas nrc ro ughly twice th e s ize. This by it sci f would not seem to be nn
is s ue. Please consider that each item is imp ortunt and is th e res ult nf ~lu ff'~ hurd
wo r k. The entire age nd a mu s t be indexed lllld pug in ntcd , co pi ed and bound,
scan ned nnd upl oaded, dishibu tcd unci linke d to web pugcs .
2. Meetings arc twi ce as long. A direct result of th e length y agl!nda is th at th e
me etin gs lake twice us long becau se th e re arc twi ce as many it ems to d isc uss.
3. The burcnuemcy added to th e nnn ro va l process slows th e IJ!Jprova l of routine
it e ms dow11. For many imporllmt items, we rccugnir.c it is imp ortant lo slow
down nml hear comme nt s more thnn once . Routine items , however, arc held up in
th e same tim e lin e and nrc O(l t nblc to move forward despite littl e or no com me nt s
n·o m th e ci ti zens. Co nsent ite ms tak e only a few minut es to poss in lhe meeti ng,
but u full th ree to tour weeks to go through th e entire npprovnl process.
4. Slilfr l>rt.!llHrntion see min gly never ends. As stn f'f prepares tor Co mmi ssion
meeti ngs, we wri te proposCJ is nnd rcson rch u tremendous a mount of intormntion in
preparation tor the mee tin g. Items of routine •wturc nrc discussed twice, more
important it ems four times and some times, if dctbrred or ns th e res ult of a n initi nl
proposa l th at led to the ne ti on, tho ngcndn item mny ncud to bo li·cs h in our mind~
fOI' six weeks as new il cms 11ccumulate . We need to be ab le to luke nction Hnd
mo ve forwmcl.
5. Every Agcndn lu1 s bee n a mend ed. Sin ce th e inception of th e one meet in g
schedu le, we ha ve had num erous special cu lled meetings und every works hoppcd
nge mla hn s been am ended . As stnff tries lo muke progress on proj ects or
con tracts, we sit nncl wnit th ro ugh long wo rks hops where no nclion cn n be take n,
th ere wns no di sc uss ion or comments :md ye t we must wnituno lh cr two weeks for
unupprovt~l.
AMENDED 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 6:00p.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.
e 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
AMENDim AG ENDA ITBM 11 7A
JUNE 9, 2014
the Humnn Rights Ordin:mcc, may be tliscussed inn scpa ratu work s hop . T'hi s has
a! ways been an option.
o Item 7 -Alltm:clings can tukc pl ace in the fonmtl selling with th e exception of tho
workshops called to cli sc u3s cho se n it ems of s ignifi cMce. Tho qunlity of the
video will be better tor lite viewing public and th e profcssionnlism will be
cnhunced. Work s hop settings s!10uld be tbr informal discussions of fl limited
number of topics.
u Item 8 -The fear of mis si ng n mee ting deadline will be greatly reduced whc11
there will be llllothcr meeting within a few wccl<s.
I) Item 9 -The change to th e ngcndu pro cess will allow Commissioners, stnn~
citizens and the press tn receive the agenda nt !cost I 0 days in ndvnnco of the
meeting. This will 8llow C~ltnrnissioncrs two weekends to review nnd ample time
to talk with citizens and gel 'vVith staff. It will nllow s tfll'fto rcscureh nnd answer
additional co ncern s of citizens ulrcr rending the reports. The agenda witt b~
publi s hed f(lr the public to r..:vi~w cmd :l luf'fi s available to nddrcss conccms before
the me et ing lor over a we ek. It witt nllow the press to publi sh inform ation oboul
items of interest prior to the meeting. This will lend ton better informed publi c
nnd Commission nnd in turn lead to bcllcr dec isio n makin g.
Keep in mind lhut we hnvc impl~mcntcd other pm ccd mcs to enhum:c
communicutions with the citi:~.cns s ince the one meeting schedule w:-~s
implemented. We nrc now videotaping mee tings and providing electronic
agendas for commissioners to use on city pi'Ovidcd i Pmls. Munugcmcnt now
encourngcs commissioners to directly seck nnswors from staff if needed. This
enhances the response time when gnlhcdng informntion fell· meeting prcpnr,ltions.
llUOGET: No budget impact.
UECOMMENDATION: Approve OrdinAnce No . 5-14 -61
ATTACIIMli:NTS: Ordinance No. 5-14-61
RICVfltWICD BV CITY MANAGER:~,c7t:.,~
Item
Approval of Minutes
Approva l of Minutes
Courtesy of the Floor to Vi sitors
Courtesy of the Fl oor
Prese ntation
Proclamation
Unfinished Bus i ness
CM Fo ll ow-up Report
Conse nt Agenda
Monthly Reports
Quarterly Report
Annual Report
Written Report on a specific
project
Declare Prope rty Surplus
Approve Ca le nd ar
Award initia l contract co ntract for
Bi d
Award RFP
Extend Co ntract w hen allowed for
i n the curre nt term s.
Co mmittee Reports
Commi t tee Report
Action on Reso lutions
Resolution
Action on Ordinances
Ordinance
Misce llaneo u s Business
Use -by-Exception
W aive r
Approva l of Co ntract with
sig nifi ca nt importa nce and v alue
Appoi nt ment of m ember s to a
stand ing Board or Committee
Esta bl ishing an Ad Ho c Co mmittee,
t h en appo inting its members
Cit y M anager
City Manager Report
Re ports and/or Requests from City
Commiss ioners and Ci ty Attorney
Announcements
Agenda Preparation Guidelines
Purpose Requires Specia l
Ad vertising
Action No
I nformationa l-No Actio n No
Informationa l-No Action No
Ceremonia l-No Action No
Informational-No Action No
Ackn owledge Rece ipt No
Ack n owledge Receipt No
Acknowledge Receipt No
Acknowledge Receipt No
Action No
Action No
Action No
Act ion No
Action No
Informational No
Action *No
Actio n Ye s
Action Yes
Action Yes
Act i o n No
Action No
Action No
Informatio nal No
I nformationa I No
AMEN DED AGENDA ITE M 117A
JUNE 9, 20 14
Requ i res a Standard # of
Pub lic Hearing times needed
for CC meeting? on th e age nda
No 1
No N/A
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
No 1
*Yes 2
Yes "'*2
Yes 1
No 2
No 1
No 2
No 1
No N/A
Agenda Preparation Guidelines
AMENDED AGENDA ITEM# 7 A
JUNE9,2014
*Exceptions:
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 (COB) meeting so the COB can make a recommendation to the Commission. They also require two public
hearings at City Commission meetings.
**
Notes:
Use-by-exceptions will be on the Commission Agenda twice. The first time, as a discussion only item and the
second time, as a public hearing and action item.
Variances are handled through the Community Development Board (COB) and require a Public Hearing. No Commission
action is needed.
Use-by-exceptions are heard by the Community Development Board (COB) 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
AMENDED AGENDA ITEM# 7 A
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 of the Code of Ordinances ofthe City of Atlantic Beach, Florida, is
hereby amended to read as follows:
(a) The regular meetings of the city commission shall be held on the second MenGay of each
momA,.
(b) Scheduled workshops of the city commission shall be held as follow~
(1) In the months of Janual)' through November, on the fourth Monday of the month.
(2) In the month of December, on the third Monday of the month.
(c) All regular meetings and scheduled •norkshops of the city commission shall be held in city-Rail
at6:30 p.m.
(d) If the second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop
shall be held on Tuesday 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 ofthe month.
SECTION 2. This ordinance shall take effect immediately upon its final passage and
adoption.
PASS ED by the City Commission on first reading this __ day of __ _
PASS ED by the City Commission on this second and fmal 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