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11-1-17 Agenda PacketCITY OF ATLANTIC BEACH INCOMING CITY COMMISSION COMMISSION CHAMBER NOVEMBER 1, 2017 10:00 AM AGENDA Call to Order (Mayor -elect Glasser) 1) Courtesy of the Floor to Visitors 2) Discussion on the following topics: A. Order of meetings B. Length of meetings C. Mayor Pro Tem D. Public comment E. Committee liaison/reports F. Setting a regular meeting time for workshops/town halls/public meetings G. Prayer H. Newsletter I. Identifying issues of importance in the short term for each commissioner. 3) City Manager Comments Adjourn Any person wishing to speak on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. 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 by 5:00 PM, Friday, October 27, 2017. 1 Atlantic Beach, FL Code of Ordinances Page 1 of 3 Sec. 8. - Presiding officer: Mayor. The mayor -commissioner shall preside at all meetings of the city commission and shall be recognized as head of the city government for all ceremonial purposes and by the governor for all purposes of military law. When directed to do so by the city commission the mayor -commissioner shall execute all instruments to which the city is a party, unless otherwise provided by the Charter or by ordinance. The mayor -commissioner shall have no regular administrative duties except as authorized in this Charter but may appoint, from time to time, such special or select committees as in his or her discretion he or she deems desirable to expedite the handling of the business and affairs of the city. Other members of the city commission may on occasion appoint special or select committees with the approval of a majority of the commission. In the temporary absence or disability of the mayor -commissioner, all duties of the mayor -commissioner shall be performed by the mayor pro tempore. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Sec. 9. - Powers. Except as may be otherwise provided in this Charter, all powers of the city and the determination of all matters of policy shall be vested in the city commission. Without limitation of the foregoing, the city commission shall have power to: (1) Adopt a budget; (2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness; (3) Establish or abolish official boards and elect the members thereof as recommended by the mayor; (4) Adopt and modify the official map of the city; (5) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes; (6) Provide for an independent audit; (7) about:blank 10/27/2017 Atlantic Beach, FL Code of Ordinances Page 2 of 3 Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not longer than ninety (90) days, or as otherwise provided for by Florida Statutes; (8) Lease golf courses, hospitals and airports, or any portion thereof, after the city commission has passed an ordinance authorizing any such lease; (9) Sell golf courses and the public utility system, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance that: (a) there is a finding that public welfare no longer requires the operation of any such facility; and (b) the terms of sale of real property within the city limits are stated; and (c) after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose; (10) Provide rules and regulations for all purchases and sales made for and in behalf of the city; (11) Appoint, remove and fix the compensation of all officers and employees appointed by the city commission as hereinafter provided; the city commission shall perform an annual performance review of the city clerk, city manager and city attorney; (12) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter. (13) The mayor pro tempore shall be appointed by the city commission from its members. (14) Provide for the protection and preservation of parks as follow: Any real property owned by the city which is used principally or held out for use as a public park, shall be used only as a public park; and parks shall not be sold, leased long term, gifted, changed in description or use, or otherwise disposed of; and no structure shall be built in any such park to accommodate activities not customarily associated with park use or outdoor recreation; unless such sale, lease disposal, gift or structure is approved by unanimous vote of the entire city commission. about:blank 10/27/2017 Atlantic Beach, FL Code of Ordinances Page 3 of 3 (Ord. No. 33-15-19, § 1 (Exh. A), 5-11-15) about:blank 10/27/2017 Atlantic Beach, FL Code of Ordinances Page 1 of 6 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. (Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83; Ord. No. 5-08-48, § 1, 2-25-08; Ord. No. 5-12-55, § 1, 1-9-12; Ord. No. 5-13-58, § 1, 4-8-13; Ord. No. 5-14-61, § 1, 9-8-14) Editor's note— Section 1 of Ord. No. 5-14-61, adopted Sept. 8, 2014, changed the title of § 2-16 from "Time and place of regular meetings and scheduled workshops" to read as herein set out. Sec. 2-17. - Calling special meetings. The mayor -commissioner, city manager or a majority of the city commission may call a special meeting of the city commission on twenty-four (24) hours' notice. (Code 1970, § 2-2) Sec. 2-18. - Quorum. Three (3) members of the city commission shall constitute a quorum, but a less number may adjourn from time to time until a quorum is present. (Code 1970, § 2-4) Sec. 2-19. - Rules of conduct and procedure at meetings. The following rules shall govern procedure and conduct of city commission meetings: (1) Rule 1. The mayor -commission shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meeting and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to about:blank 10/27/2017 Atlantic Beach, FL Code of Ordinances Page 2 of 6 the city commission by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. (2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one (1) member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name that was called second upon the preceding roll call, and thereafter proceed to call the roll according to alphabetical order; except, that the mayor - commissioner's name shall be called last. (3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. (4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. (5) Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. (6) Rule 6. No member shall absent himself from the meeting before adjournment for more than five (5) minutes at a time without leave of the presiding officer. (7) Rule 7, The order of business shall be as follows: a. Approval of minutes of preceding meetings; b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's attention; c. Unfinished business of preceding meeting; d. Consent agenda; e. Report of committees; f. Action on resolutions; g. Action on ordinances; h. Miscellaneous business; i. City manager reports; j. Reports and/or requests from city commissioners and city attorney. about:blank 10/27/2017 Atlantic Beach, FL Code of Ordinances Page 3 of 6 (8) Rule 8. The mayor -commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. (9) Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following the reference; provided, the city commission may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of further consideration of the matter, and it be otherwise disposed of by the city commission. (10) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless a majority of the committee shall have signed the same. (11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give advance notice of the time and place of such meeting to all members of the city commission, the city clerk, city manager and other persons known to be interested in favor of, or opposed to, the particular matters proposed to be considered. (12) Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. (13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda, the presiding officer shall order same received or filed or referred to proper committees, and the order made shall prevail unless motion for other disposition of the matter in question shall be made and prevail. (14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. (15) about:blank 10/27/2017 Atlantic Beach, FL Code of Ordinances Page 4 of 6 Rule 15, Proposed ordinances may be introduced at any meeting of the city commission, provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manager, city clerk and city attorney shall, when requested by the mayor -commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the next scheduled meeting of the city commission following the request. (16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be taken upon the disposition made at each reading thereof, and shall be entered upon the journal of the proceedings of the city commission. (17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. (18) Rule 18. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of unfinished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. (19) Rule 19. The city manager shall submit regular written monthly reports to the city commission. (20) Rule 20, After the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. about:blank 10/27/2017 Atlantic Beach, FL Code of Ordinances Page 5 of 6 (21) Rule 21, Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. (22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. (23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor -commissioner during his absence or disability. (24) Rule 24, It shall be the duty of the city clerk or her/his designee to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor -commissioner, and in his absence, the mayor pro tem or other city commissioner, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk or her/his designee, and the record of every meeting shall be signed, when approved, by the city clerk or her/his designee and the mayor -commissioner or the mayor pro tem or other city commissioner who presided thereat. (25) Rule 25. Any city commissioner or charter officer may request that any motion be presented in writing. (26) Rule 26. The city commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the city commission. The passage of emergency ordinances and resolutions, however, shall be in accordance with Section 18 of the City Charter. (27) Rule 27. It shall be the duty of a city commissioner who will be absent from any city commission meeting to notify the other commissioners of any such anticipated absence. Said notice shall be given as far in advance as possible, either orally at a meeting prior to the one which the commissioner will be absent from, or by e-mail to the city clerk, who will then forward the notice to the other commissioners. If the notice includes a request for an excused absence, it shall state briefly the reasons why the about:blank 10/27/2017 Atlantic Beach, FL Code of Ordinances Page 6 of 6 excused absence is being requested, and the other commissioners shall vote on the request at the meeting at which it is orally requested or as an agenda item at a subsequent meeting following notice by e-mail. (28) Rule 28. City commissioners shall be prohibited from accepting or sending any electronic communications via cell phone or other device during the course of a city commission meeting. Electronic communications include, but are not limited to, emails, Blackberry PINs, SMS communications (text messaging), MMS communications (multimedia content), and instant messaging. City commissioners may have cell phones turned on during city commission meetings, to be used only in the event of an emergency. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No. 5-01-36, § 1, 11-12-01; Ord. No. 5-12-56, §§ 1, 2, 8-27-12; Ord. No. 5-12-57, § 1, 11-26-12) about:blank 10/27/2017 RESOLUTION NO. 13-08 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING A POLICY TO HOLD TOWN HALL MEETINGS ON A QUARTERLY BASIS WHEREAS, it is important to maintain an open relationship with the community and foster a relationship of open dialogue between the Commission and the citizens of Atlantic Beach. NOW THEREFORE BE IT RESOLVED, by the City Commission, City of Atlantic Beach as follows; Section 1. The City Commission will hold regular Town Hall meetings. Section 2. The Town Hall meetings will be held quarterly in the months of January, April, July and October. Section 3. The location for the Town Hall meetings will alternate quarterly between locations east and west of Mayport Road. ADOPTED by the City Commission of the City of Atlantic Beach this 10th day of June, 2013. Mayor P D AS TO FORM: / AP1/4L111/A ENSEN, ESQUIRE Attorney ATTEST: 40/rota DONNA L. BARTLE, CMC City Clerk , &A-0-6 BORNO