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)
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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.
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(Ord. No. 33-15-19, § 1 (Exh. A), 5-11-15)
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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
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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.
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(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)
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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.
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(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
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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)
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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:
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DONNA L. BARTLE, CMC
City Clerk
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