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10-27-14 MINUTES REGULAR CITY COMMISSION MEETING October 27, 2014 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Mayor Pro Tem Mark Beckenbach City Attorney Richard Komando Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Nancy E. Bailey Commissioner Maria Mark Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Mark gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of October 13, 2014. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Teresa Flores, 233 Belvedere, addressed the beautification project and parking on Seminole Road. She stated there is an ordinance that prohibits parking on Seminole Road and according to our Charter those kinds of ordinances can't be repealed. Charles Bull, 1810 Sevilla Blvd., #304, stated his 100 year old mother sends her greetings. He cautioned that they be careful and diligent in hiring the new City Manager. He stated regarding the Police Chief perhaps they need a civilian overseeing the Police Department. He stated he believes we need more black City employees and black police officers. Brad Kennelly, 2265 Beachcomber Trail, addressed the sign ordinance. He asked about the Kangaroo sign stating it is a nonconforming sign in both pole sign size and illumination and it was just recently redone. He stated if they are going to continue with the discussion on amortizing signs, when he went out and looked, most of the signs that are in noncompliance are on multi-tenant or rented properties. He pointed out that the Kangaroo sign should have come before the Commission if it was allowed to go back in a noncompliant fashion. He stated in reading the information that was submitted to the City, there was reference made that they had to go back to a pole sign because of the location of the Fleet Landing sign. He stated the Fleet Landing sign was allowed extreme leeway in where their sign could go. In reading the minutes, reference was given to some other signs in the right-of-way but if you look at those signs, they were adjoining or immediately next to the PUD they were representing. He stated this Fleet Landing sign is 200 feet west of the property owner's property and,by putting the sign up,they effectively blocked Kangaroo's sign. He stated he is questioning whether these were appropriate actions taken on those two properties. He stated he would like to see the Commission address pole signs, illumination signs and drastically changing signs that our ordinance specifically says you can't do. October 27,2014 REGULAR COMMISSION MEETING Page 2 Kenneth Tang, 208 Seminole Road, addressed the beautification project stating he is against the 8 ft. sidewalk and the curbs. He further stated he doesn't see how they can violate the ordinance by putting parking on Seminole Road. He stated he doesn't believe these changes are for the better. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. A. Proclamation Declaring November 2014 Pancreatic Cancer Awareness Month in the City of Atlantic Beach. Mayor Woods read the Proclamation declaring the month of November 2014 as Pancreatic Cancer Awareness Month in Atlantic Beach. She presented the Proclamation to Alison Strother with the Pancreatic Cancer Action Network. 3. Unfinished Business from Previous Meetings A. PLAT-14-00100036 (Atlantic Beach Country Club). City Manager Van Liere explained, as discussed at the last meeting, it was indicated that we need to get an easement for maintenance of the Sherman Creek to be added to the plat before its approval. He stated this easement agreement came to him today still needing a few minor things to be worked out. He stated after speaking with the City Attorney they agreed they should defer it rather than try to approve it subject to approval of the easement agreement and put it on the next agenda. Motion: Defer to next agenda. Moved by Mark, Seconded by Daugherty Votes: Aye: 5—Beckenbach, Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 4. Consent Agenda None. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. 8. Miscellaneous Business (Discussion only) A. City Attorney Evaluation Tool. B. City Clerk Evaluation Tool. C. City Manager Evaluation Tool. October 27,2014 REGULAR COMMISSION MEETING Page 3 Human Resources Director Cathy Berry stated, when she started last year, there was a discussion of the need for an evaluation tool for all three appointed positions, so she drafted one for each of the positions. She stated she took the basic format from the City Manager Evaluation Tool and adapted it for the City Attorney and City Clerk. She answered questions from the Commission. Ms. Berry explained the various options for the evaluations. Discussion ensued. Mr. Komando clarified that Ms. Berry is looking to the Commission for approval of the evaluations at the next meeting so if there is anything they believe should be added he would suggest that they get that done before the next meeting. It was the consensus to move the three items to the next agenda and direct Ms. Berry to tweak the evaluation tools as needed based on the comments from the Commission. Discussion ensued about how to advertise to the citizens that there will be evaluations of the positions. Ms. Berry stated her recommendation is to do the evaluations in October because the period goes from October 1 through September 30 so you want to have the period end and then do the evaluations. It was suggested they announce the evaluations in the City's newsletter. D. Employee Benefits—Insurance. Ms. Berry introduced Brooks Faison of Harden and Associates. She stated if they switch to United they will save $160,000 in premiums. She stated for the most part the benefits are equal to Florida Blue and actually better in the base plan. She stated her recommendation is to switch. Consensus was to move this item forward to the next meeting. E. Sign Amortization. Mr. Hubsch gave a brief summary of his staff report. He stated the amortization is due January 1, 2015 and explained his recommendation is to extend it another year. Discussion ensued. Consensus was to put this on the next agenda to extend the moratorium and determine how long to extend it and they will work with Mr. Hubsch on the details. At the request of Commissioner Hill, Mr. Kennelly gave some background on the sign amortization and moratorium. Mayor Woods reiterated they will move it to the next meeting, Mr. Hubsch will give them some idea of how long he believes the moratorium needs to be extended and they will move toward working out the compromise and everyone will give him their suggestions. Mr. Hubsch asked the City Attorney if they will have to do a formal ordinance change or can they extend the moratorium by a resolution. Mr. Komando stated he believes it has to be done by ordinance. Mr. Hubsch stated he will work on the ordinance change and they can workshop how to make the Code changes. F. Pay increase for the City Clerk. Mayor Woods explained the City Clerk is appointed each year and, with the City Commission establishing the salary each year, in past years pay raises for the Clerk have been consistent with those given to other non- union general employees. She stated, based on the 2014-15 budget they passed, employees will be given a 3% increase effective 10/1/14. She stated the City Clerk was not included in the pay scale, therefore there is no classification grade or pay range as determined or approved for the position. She stated sufficient funds are included in the budget so the recommendation is to approve a salary increase in line with other employees of 3% for the City Clerk, retroactive to 10/1/14. Consensus was to move this forward to the next agenda to vote on. G. Bennett Property Discussion. October 27,2014 REGULAR COMMISSION MEETING Page 4 Mr. Van Liere stated the only information they have received since the last time they talked was that Mr. Layton got some survey maps that show where the drainage pipes come from Atlantic Blvd. into the ponds. Mr. Layton explained the elevation of the City pond and the DOT pond stating the DOT pond is at 3.97 ft. and the City's pond is at 1.25 ft. He stated the median high water level in the marsh is at 1.29 so on a normal tidal day the City's pond does back up, but that doesn't mean it doesn't work. He stated it does drain Section H. He stated the DOT pond comes from Atlantic Blvd. from the Intracoastal Bridge through the flyover and drains directly to the DOT pond. Commissioner Mark stated John November informed her he is in the process of getting an appraisal done on the property and will report to the Commission when that is completed. Consensus was to leave this item where it is. 9. City Manager A. City Manager's Report. • 90-Day Calendar(November 2014 -January 2015). City Manager Nelson Van Liere reported the City Attorney will discuss the variance that is to be put on the calendar. Mr. Komando stated he spoke with opposing counsel about the variance appeal that will come back before the Commission. He stated they talked about having that as a special meeting before the regular meeting and the attorney has not talked to his client yet but believes an hour should be enough time so he is waiting to hear back from him. He stated when he hears back, the meeting will be confirmed; but it is currently scheduled to be held November 24 at 5:00 p.m. Mr. Van Liere stated they are still receiving input regarding the Seminole Road Streetscape project. He stated as was brought up tonight regarding the Code and parking, it is his understanding from discussions with the City Attorney that the Code does state there would not be parking on the arterial road and that may mean in order to do that they will either need to change the project or change the Code. He stated they can change the Code. Mr. Komando referred to the Code 21-17(h), stating it lists 10 roads where parking shall be prohibited at all times. Discussion ensued regarding the parking issues. Mr. Layton pointed out that out of the 20-25 parking spaces that will be up and down the road, 6-8 of them will be adjacent to the park. Commissioner Daugherty suggested a tax assessment for those residences who want to have a parking space in front of their home and then allow parking by a permit. Mr. Layton stated an issue that has come up due to the 4 ft. increase in the sidewalk for the ped path, is that some people would have less room in their driveways to park. He stated this has been the reason for some people wanting a parking space, since they can't park two cars in their driveway without blocking the sidewalk. Further discussion ensued. Staff will bring back revised drawings for another discussion at a future date. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Daugherty • COJ website stated they had presented their recommendations for the Interlocal Agreement. He asked staff to see what the recommendations are. Commissioner Mark stated it was to evaluate the government consolidation because it has never been reviewed and their main objective was to come back with any recommendations on the consolidation. October 27,2014 REGULAR COMMISSION MEETING Page 5 Commissioner Beckenbach • Asked about the Chief of Police interviews. Mr. Van Liere stated the first round of interviews is tomorrow. • Asked if there was a consensus regarding the timeline for second round and selection of the City Manager. Mayor Woods stated she believes it is to be within the next couple of weeks. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:43 p.m. Carolyn Woods ATTEST: Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk