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10-09-17 Minutes City Commission Meeting v MINUTES CITY OF ATLANTIC BEACH CITY COMMISSION MEETING OCTOBER 9,2017 - 6:30 PM IN ATTENDANCE: Mayor Mitchell E. Reeves City Attorney Brenna Durden Mayor Pro Tern John Stinson City Manager Joe Gerrity Commissioner Mitchell R. Harding City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Nancy Pyatte Commissioner M. Blythe Waters Invocation and pledge to the flag Commissioner Stinson gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to order Mayor Reeves called the meeting to order at 6:31 PM. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of minutes A. Approve minutes of the Special Called Commission Meeting on September 15, 2017. B. Approve minutes of the Special Called Commission Meeting on September 25, 2017. C. Approve minutes of the Public Meeting between Commissioner Stinson and Commissioner-elect Norris on September 7, 2017. D. Approve minutes of the Public Meeting between Commissioner Stinson and Mayor- elect Glasser on September 7, 2017. E. Approve minutes of the Public Meeting between Commissioner Stinson and Commissioner-elect Kelly on September 7, 2017. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes stand as submitted. 2. Courtesy of Floor to Visitors City Clerk Bartle called the speakers: Tom Cook, 1260 Mayport Rd., Atlantic Beach, spoke in favor of Ordinance No. 90-17-228, for the Mayport Business Overlay District. Mike Whalen, 1420 Mayport Rd., spoke in favor of Ordinance No. 90-17-228, for the Mayport Business Overlay District. Amy Crane, 840 Paradise Ln., Atlantic Beach, spoke in opposition to Ordinance No. 90-17- 228, for the Mayport Business Overlay District. Mayor Reeves recognized Jerry Holland, Duval County Property Appraiser, Mayor-elect Glasser, 1 October 9, 2017 CITY COMMISSION MEETING Commissioner-elect Kelly, and Commissioner-elect Norris who were in attendance at the meeting. Steve Fouraker, 387 6th St.,Atlantic Beach, spoke in favor of Ordinance No. 90-17-228, for the Mayport Business Overlay District. Atillio Cerqueira, 36 W. 6th St., Atlantic Beach, spoke in favor of Ordinance No. 90-17-228, for the Mayport Business Overlay District. Popeye Fontaine, 31 Royal Palm Dr., Atlantic Beach, spoke in favor of Ordinance No. 90-17- 228, for the Mayport Business Overlay District. Sally Clemens, 1638 Park Terrace W.,Atlantic Beach,did not speak but wrote she is in favor of Item No. 7A, Ordinance No. 90-17-228, and Item No. 7B, Ordinance No. 33-17-22. Tony Cox,2331 Seminole Rd.,Atlantic Beach, stated his business, TCI Mechanical, is located at 44 Dutton Island Rd. W., and also at 25 Dudley Rd., in Atlantic Beach. He spoke in favor of Ordinance No. 90-17-228, for the Mayport Business Overlay District. Jonathon Bryson, 1155 East Coast Dr., Atlantic Beach, stated his business is located at 151 Levy Rd. in Atlantic Beach. He spoke in favor of Ordinance No. 90-17-228, for the Mayport Business Overlay District. Tom Goelz, 399 Beach Ave.,Atlantic Beach, spoke in favor of Ordinance No. 90-17-228, for the Mayport Business Overlay District. There were no more speakers. Mayor Reeves closed Courtesy of the Floor. 3. Unfmished Business from Previous Meetings None. 4. Consent Agenda None. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 17-20 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #1617-14 FOR THE SIDEWALKS ON TRITON ROAD, SABALO DRIVE AND CUTLASS DRIVE. City Clerk Bartle read the Resolution by title. City Manager Gerrity addressed the Commission and stated there was only one bid received for this project. Work can commence with the Commission's approval. Motion: Adopt Resolution No. 17-20 as read by title. Moved by Harding, Seconded by Stinson 2 October 9, 2017 CITY COMMISSION MEETING There was a brief discussion and all comments expressed by the Commission were in favor of this project moving forward. Mayor Reeves stated to City Manager Gerrity that he has noticed there seems to be issues with getting enough bid responses for these types of projects. Mr. Gerrity responded he will look into this issue. Roll Call Votes: Aye: 5 Harding, Hill, Stinson,Waters,Reeves Nay: 0 MOTION CARRIED. 7. Action on Ordinances A. ORDINANCE NO. 90-17-228,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE MAYPORT BUSINESS OVERLAY DISTRICT; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, TO ADD NEW SECTION 24-175, MAYPORT BUSINESS OVERLAY DISTRICT; PROVIDING FOR A LIST OF PERMITTED USES, USES BY EXCEPTION AND DEVELOPMENT STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. City Planner Derek Reeves took the floor to address the Commission. He stated this is the second/final reading and Public Hearing for this Ordinance which creates the Mayport Business Overlay District. At the last meeting the Ordinance was approved with several amendments. The major change was to reinsert subsection (f) relating to outside storage. Planner Reeves had the slide presentation available for reference. Mayor Reeves opened the Public Hearing. City Clerk Bartle called the speakers: Amy Crane, 840 Paradise Ln., Atlantic Beach, stated her appreciation for all the work put into this project by the staff, the Commission, and the volunteers. Ms. Crane spoke in opposition to Ordinance No. 90-17-228, stating that loosening the code restrictions creates no incentive for others to comply. Bucky Davis, 13846 Atlantic Blvd., Jacksonville, said he is in opposition to Ordinance No. 90- 17-228, stating that diminishing regulations will not attract new business development, and he spoke about the Comprehensive Plan. Steve Fouraker, 387 6th St., Atlantic Beach, spoke in favor of Ordinance No. 90-17-228, and spoke about the Comprehensive Plan. Kelly Erhayel, 1447 Mayport Rd., Atlantic Beach, expressed her appreciation to the Commission and spoke in favor of Ordinance No. 90-17-228. 3 October 9, 2017 CITY COMMISSION MEETING Tom Cook, 1216 Mayport Rd., Atlantic Beach, stated his business has been on Mayport Rd. for the past ten years and he has seen lots of changes, many improvements to the community during that time. He spoke in favor of Ordinance No. 90-17-228. There were no more speakers. Mayor Reeves closed the Public Hearing. Motion: To Adopt Ordinance No. 90-17-228 as read by title. Moved by Harding, Seconded by Hill Commissioner Stinson stated this has been a step by step process over the past several years. It is an ongoing process and a step in the right direction. Commissioner Waters stated there was input from both businesses and residents for Staff to create this Ordinance but she said the changes made are incomplete regarding outside storage. Commissioner Harding stated the business community is just as important as the residential community in the Mayport Corridor. He said he lives off Mayport Rd., and has businesses there. Commissioner Harding supports outside storage for businesses and he is in full support of the Ordinance. Commissioner Hill stated this is not a new issue for this area. The business owners spearheaded this action and they invited and included all the residents at all levels of the process. Commissioner Hill spoke about the Comprehensive Plan and said that it needs work. He stated he is in favor of this Ordinance. Mayor Reeves stated this Commission makes decisions based on facts, not on emotions. He spoke about the concerns for Mayport Rd., residential growth in the area, and not restricting new business development in the area. Mayor Reeves commended everyone who was involved in working on this Ordinance. He closed and stated that the Community Development Board still has authority. Roll Call Votes: Aye: 4 Hill, Stinson, Harding,Reeves Nay: 1 Waters MOTION CARRIED by a 4 to 1 vote. B. ORDINANCE NO. 33-17-22,Introduction and First Reading AN ORDINANCE AMENDING ARTICLE IX OF THE CHARTER OF THE CITY OF ATLANTIC BEACH TO CHANGE THE ELECTION DATES FOR THE OFFICE OF CITY COMMISSION; PROVIDING FOR THE ONE TIME EXTENSION OF THE TERMS OF THE MAYOR-COMMISSIONER AND DISTRICT COMMISSIONERS; AND PROVIDING AN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. Commissioner Stinson reviewed that this item was presented for discussion at the last meeting about changing the election cycle from odd years to even years. The election data reflects that the greatest number of voter turnout happens in the November general election that takes place in the even-numbered years. This is step one of a two step process. Commissioner Stinson stated there is 4 October 9, 2017 CITY COMMISSION MEETING still more research pending and more information will be presented at the next Commission meeting on October 23, 2017 about the requirement for a Referendum. Jerry Holland, Duval County Property Appraiser, 231 E. Forsyth St., Jacksonville, took the floor to address the Commission. He spoke about the process of certifying ballots and the Duval County Canvassing Board, which consists of a County Judge, the Supervisor of Elections, and a member of the Jacksonville City Council who represents the City of Atlantic Beach. Mr. Holland stated that all other cities in Duval County have moved their elections to coincide with the Gubernatorial and Presidential cycle. Mayor Reeves asked City Attorney Durden if this Ordinance would be in violation with the Charter? City Attorney Durden responded that it is not in violation with the Charter. In Florida Statutes, Section 100.3605(2), it provides that local governments are allowed to amend their charter to change the dates for qualifying and for the election by Ordinance. City Attorney Durden explained that, prior to a motion, she wanted to add one word to both Sections 40 and 41, on the second line of each,where it says even year, insert the word `numbered' after the word even. (even-numbered year) Motion: To Adopt Ordinance No. 33-17-22 as read by title with the amended language as recommended by the City Attorney. Moved by Stinson, Seconded by Harding Commissioner Waters stated this subject was part of discussion by the Charter Review Committee and wants to move forward. She suggested a review of those minutes, if available. Commissioner Harding had no comments. Commissioner Hill stated he is looking forward to getting this accomplished and doing so by Referendum. Commissioner Stinson stated he will research the Charter Review Committee minutes. He also spoke about the cost savings for the City, increasing voter turnout, and having a vote by Referendum to get to the November General Election cycle. Mayor Reeves stated he thinks this is the right thing for our City. He spoke about the Charter where it states the new Commissioners take office on the second Tuesday of November and questioned if that would also have to be changed in the Charter. Commissioner Stinson explained that the preference is for the Referendum to be on the November 2018 election ballot. The Florida Statutes provides for a grace period pending verification and certification of an election, and this does not have to be done through our Charter. Mayor Reeves added that there are two positives gained — it saves the City money and people do not have to campaign in the heat of July. 5 October 9, 2017 CITY COMMISSION MEETING Roll Call Votes: Aye: 5 Stinson,Waters, Harding,Hill, Reeves Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) None. 9. City Manager Reports A. City Manager's Report City Manager Gerrity stated he met with Advanced Disposal last week. They have asked if Atlantic Beach would be interested in consolidating the Recycle pick-up to one day a week on Wednesdays. Discussion ensued, noting this change could create a major inconvenience to the citizens and we will hear from them. Research needs to be done to confirm if there is incentive for cost savings in our contract by changing to one day a week. City Manager Gerrity acknowledged the City has a good working relationship with Advanced Disposal and he will do more research on this matter. City Manager Gerrity reported the response to the City's Letter of Interest for Johnston Island has been received and given to City Attorney Durden for review. City Manager Gerrity spoke about storm debris pick-up. He stated that by the end of this week every neighborhood has been picked up once and we have started on the second round of pick-up. He reported that last year, from Hurricane Matthew, there were 22,000 cubic yards of debris collected. This year, from Hurricane Irma, there has been 39,000 cubic yards of debris picked up as of yesterday. We are not finished and we expect that amount to double, and thus the cost will double. Discussion ensued about the additional costs incurred for debris clean-up and obligating funds from the Reserves to cover the additional expenses. It was noted that FEMA has put a hold on Hurricane Matthew payments. There was a brief discussion about recycling and maintaining some of the storm debris as compost. B. 90-Day Calendar(October—December 2017) There was discussion about the Town Hall Meeting scheduled for October 21,2017. After a poll of the Commissioners it was noted that only Commissioner Hill was available to attend so it will be cancelled. Consensus to approve 90-Day Calendar. 10. Reports and/or requests from City Commissioners and City Attorney 6 October 9, 2017 CITY COMMISSION MEETING Commissioner Stinson • Spoke about a designated roll-off vendor for construction. • Stated that the Parking & Pedestrian Safety Advisory Resource Committee (PPSARC) is considering a proposal for paid parking and will have a report at the October 23, 2017 meeting. • Said the Board Member Review Committee will be interviewing on October 16, 2017 and will have their recommendations to present at the October 23, 2017 meeting. • Spoke about storm debris pick-up and FEMA reimbursements. City Attorney Durden • Stated at the October 23, 2017 meeting she will present a draft proposal for extension of the Medical Marijuana Moratorium, set to expire at the end of November. The draft proposal will be to extend it for an additional six-month period. The State is still in the process of establishing rules. The first reading will be on October 23, 2017,the second reading can be scheduled for any time after that date. Mayor Reeves • Stated the WEB.COM event was very successfully and thanked the community for all their support. They have signed a contract to return. • Commended the City staff and Advanced Disposal for storm debris pick-up. • Reminded the Commission the agenda for the November 13, 2017 meeting will be at a minimum, minutes and Courtesy of the Floor, so the focus will be on the new incoming Commissioners. Mayor Reeves invited the new Commissioners-elect to make comments. Mayor-elect Glasser, 2060 Beach Ave., Atlantic Beach, thanked all,the City staff for their work during Hurricane Irma. She suggested a joint public meeting with Neptune Beach to work together on paid parking. Commissioner-elect Kelly, 149 Belvedere St., Atlantic Beach, stated she has learned so much by watching the Commissioners at work, about making decisions on behalf of the City. Commissioner-elect Norris thanked everyone for the opportunity. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 8:15 PM. ATTEST: Mitchell E. Reeves At4/4. Crod24726 Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk DLB/njp 7 9 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: City Appointed Positions Evaluation Summaries SUBMITTED BY: Catherine Berry, Esq.,Human Resources Director( (3) DATE: October 9,2017 BACKGROUND: The City of Atlantic Beach has three appointed positions: City. Manager, City Attorney and City Clerk. The City Manager is newly appointed, so he will not be evaluated this year. As you can see in the attached summary, the numerical value for each standard is reported as an average of the Commission's scoring. I will ask the newly-appointed Commission to be thinking of how the process can be improved, and either e-mail or call me with comments and suggestions. I will then come back to the Commission with a new and improved version in December, and we will begin the evaluation process for the next fiscal year. BUDGET: No impact. RECOMMENDATION: For discussion only. ATTACHMENTS: City Attorney and City Clerk Evaluation Summaries. REVIEWED BY CITY MANAGER: City Attorney Performance Evaluation Summary (2) City of Atlantic Beach, Florida Evaluation period: October 1, 2016 to September 30, 2017 PERFORMANCE CATEGORY SCORING OVERALL SCORE 4.7 INDIVIDUAL CHARACTERISTICS 5 Diligent and thorough in the discharge of duties, "self-starter" 4.75 Exercises good judgment 4.75 Displays enthusiasm, cooperation, and willing to adapt 5 Exhibits composure and attitude appropriate for the position Average 4.9 LEGAL CONSULTATION 4.5 Provides the scope of legal expertise necessary to meet the City's needs on issues that arise 4.75 Provides her best and honest recommendations given all existing legal issues and ramifications 4.75 Possesses knowledge of and provides efficient and effective advice on the City's Charter and Municipal Code 4.75 Advice provided regularly takes into account and balances the overall goals and objectives of the City 5 Proactively identifies potential legal issues when he is aware of them to avoid problems from occurring 5 Accurately identifies and addresses all legal issues within documents and items that she reviews Average 4.8 LEGAL REPRESENTATION 4.57 Aggressively represents the interests of the City as directed by the Commission 4.5 Approach to legal matters is effective in achieving the best possible legal outcomes for the City's interests given the issues that arise 5 Represents the City in a professional and ethical manner 4.75 Is impartial and objective in her duties and responsibilities 4.5 Estimates of legal impacts are reasonably accurate on a regular basis Average 4.7 STAFF WORK 4.5 Prepares ordinances, resolutions, contracts and other legal work accurately and consistent with the direction and objectives communicated by the Commission, City Manager and/or Department Heads 4.75 Maintains a good working relationship with members of the City's management team 4.75 Able to maintain the Commission's and Staff's confidence while informing them of the different legal risks that proposed actions might generate 5 Displays a positive attitude in carrying out her responsibilities and responding to requests Average 4.75 COST/FISCAL ACCOUNTABILITY AND CONTROL 4 Effectively manages and controls legal costs given the issues, assignments and requests made to her 2 4.74 Legal tasks are performed with appropriate authorization according to established procedures and contract requirements 4.25 Fiscally effective approach in achieving best possible legal outcomes for the City's interests given the issues that arise 4.25 Invoices accurately identify tasks and expenses in sufficient detail to provide accountability and cost control. Average 4.3 RESPONSIVENESS/TIMELINESS OF ACTIONS 4.5 Requested legal work and assignments are completed in a timely manner within established time frames 4.75 Accessible when needed to respond to requests for legal information and assistance 4.25 Timely completion of legal reviews and requests for information 4.75 Effective follow-up to requests that are made to her 4.5 Accurately interprets and clarifies Commission and City Manager.direction Average 4.55 COMMUNICATIONS 4.75 Effectively communicates with Commissioners, City Manager and Department Heads 4.75 Answers are provided in a timely and understandable manner 5 Maintains confidentiality with regard to all legal matters, as appropriate Average 4.8 3 City Clerk Performance Evaluation Summary (2) City of Atlantic Beach, Florida Evaluation period: October 1, 2016 to September 30, 2017 PERFORMANCE CATEGORY SCORING OVERALL SCORE INDIVIDUAL CHARACTERISTICS 4.25 Diligent and thorough in the discharge of duties, "self-starter" 4.25 Exercises good judgment 5 Displays enthusiasm, cooperation, and willing to adapt 4.75 Exhibits composure and attitude appropriate for the position Average 4.56 PROFESSIONAL SKILLS AND STATUS 4.25 Maintains knowledge of current developments affecting the practice of the Clerk's Office 4.25 Demonstrates a capacity for innovation and creativity 4 Anticipates and analyzes problems to develop effective approaches for solving them 4.25 Willing to try new ideas proposed by Commission members and/or staff 4.5 Sets a professional example by handling affairs of the Clerk's office in a fair and impartial manner Average 4.25 CITY CLERK FUNCTIONS 4.25 Oversees the appropriate maintenance of all records of the City and oversees the records retention and destruction process 4.75 Provides accurate and timely agendas and successfully manages the agenda process for the Commissioners, City Manager and Department Heads 5 Attends all regular and special meetings of the Commission and successfully provides accurate official minutes of the proceedings 4.25 Manages all public records requests 4.75 Manages municipal elections, and exhibits knowledge of principles and practices of municipal code and pertinent election law 4.75 Ability to meet and serve the public with tact and creditability Average 4.6 REPORTING AND RECORDS 4 Provides regular information and reports to the Commission concerning matters of importance to the City, using the City Charter as a guide 4.75 Responds in a timely manner to requests from the Commission for special reports 4.25 Takes the initiative to provide information, advice and recommendations to the Commission on functions and issues involving the Clerk's Office 4 Effectively manages records and indexing of records for public use 4.75 Understands Florida Public Records and Government in the Sunshine Laws Average 4.6 • FISCAL MANAGEMENT 4.75 Makes the best possible use of available funds, conscious of the need to operate the Clerk's Office efficiently and effectively 4.25 Prepares a budget and budgetary recommendations in an intelligent and accessible format 4.5 Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability 4.25 Appropriately monitors and manages fiscal activities of the Clerk's Office Average 4.4 STAFFING AND SUPERVISION 3.5 Manages staff effectively 4.25 Encourages teamwork, innovation and effective problem- solving among staff members 4 Instills confidence and promotes initiative in subordinates through supportive controls for their programs while still monitoring operations at the staff level 3.75 Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress and providing appropriate feedback 3.75 Promotes training and development opportunities for employees Average 3.85