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Agenda Item 1A - Minutes 11-10-14MINUTES REGULAR CITY COMMISSION MEETING November 10,2014 IN ATTENDANCE: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jimmy Hill Commissioner Maria Mark CITY HALL, 800 SEMINOLE ROAD City Manager Nelson VanLiere City Attorney Richard Komando City Clerk Donna L. Bartle ABSENT: Commissioner Jonathan Daugherty Call to Order/Pledge: AGENDA ITEM# lA NOVEMBER 24, 2014 Mayor Woods called the meeting to order at 6:30p.m. Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Woods reminded everyone that the Commission meetings are videotaped and are live streamed and on our website for viewing at later dates. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of October 27, 2014. B. Approve the minutes ofthe Commission Workshop of October 27,2014. C. Approve the minutes of the Special Called Meeting of October 24, 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. Mayor Woods explained that Commissioner Daugherty will not be at the meeting tonight. 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. John November, 647 Beach Avenue, co-founder of the Marsh Preservation Society and attorney for Reuben Bennett, stated they have located the appraiser for the Bennett property and he hopes to have that to provide to the Commission at a future meeting. He also stated he supports the strengthening of the Tree Ordinance and he looks forward to participating in that process. Elizabeth Neville, 1060 Seminole Road, stated the Police Depatiment has put tireless effort into putting together the Atlantic Beach Police Academy. She stated they have shown great interest and thoroughness in their preparation of what they show the class. She stated the class is graduating Wednesday night and they are so proud they took the class. She stated she would suggest others of the Commission and audience sign up for the next session. She also thanked the Commission for speaking in the microphones. Shireen Zsomboran, 650 Palm Ave., stated, as a member of the inaugural Citizens Police Academy, her class agrees with everything Ms. Neville said and more. She thanked the Police Department for offering this opportunity. She stated also, as representing the inaugural class of the Police Academy, they would like to put their recommendation in for the Acting Chief, Commander Gualillo. She stated he has superior knowledge and experience, understands our unique City, has worked hard and long, and has the respect and admiration of citizens who have met him as well as his staff. She stated she understands their decision is based on a lot of things and they, as a class, will be pleased to support your choice. November 10,2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA NOVEMBER 24, 2014 Page2 Chris Jorgensen, 92 W. 3rd St., thanked Cathy Berry for the meeting with the candidates. He stated he sees no need for an 8 ft. sidewalk or parking spaces on Seminole Rd. He stated his concern is health, safety and welfare of the citizens. He stated the danger is unnecessary. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. Item 8B was taken out of sequence and acted on at this time. 8B. Appointment of Director of Public Safety/Police Chief City Manager Nelson Van Liere introduced the panel's selection for the next Police Chief, Michael Deal, explaining his experience and background. He stated the panel consisted of City Attorney Rich Komando, Human Resources Director Cathy Berry, and Retired Police Chief of Jacksonville Beach Bruce Thomason. He thanked Vic Gualillo for being the Acting Police Chief during this time of transition, stating he has done a very good job. Mr. Komando added the City should be proud as there were phenomenal candidates in this search. He stated it is a testament to the fact that so many truly qualified individuals, including people who work for the City now, were interested in this position. He stated it is great we were able to pick from such a good group of people. Mayor Woods stated they will vote on this at the next meeting. She thanked Commander Gualillo and stated he has been doing a wonderful job. 3. Unfinished Business from Previous Meetings A. PLAT-14-00100036 (Atlantic Beach Country Club). Building and Zoning Director Jeremy Hubsch stated they have been working with the developers on a satisfactory easement. He stated the City Attorney and City Manager have been very active in reviewing that and they feel comfortable with what they have. He stated there are no other outstanding issues with the plat itself. At the request of Commissioner Beckenbach, Mr. Hubsch explained the easement. Motion: Approve Plat 14-00100036 (Atlantic Beach Country Club) as submitted and authorize the City Manager to execute the Grant of Easement Agreement providing access to Sherman's Creek. Moved by Mark, Seconded by Beckenbach Votes: Aye: 4-Becken bach, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. Employee Benefits-Insurance. Human Resources Director Cathy Berry summarized her staff report stating the one they have chosen, United Healthcare has a very robust benefits package, reduced premiums to both the City employees as well as the City and will save the City about $168,000. She stated they are also looking at changing the dental plan to United Healthcare for about a 6.5% savings to the employees. Motion: Approve the following employee insurances, effective January 1, 2015 through December 31, 2015, and authorize City Manager to sign related insurance renewal documents: Medical -United HealthCare (OFQ); Life & Supplement Life (EAP is included) Standard; Dental -United November 10, 2014 REGULAR COMMISSION MEETING AGENDA ITEM # lA NOVEMBER 24,2014 Page3 HealthCare; Vision -Humana; Supplemental Life -Standard; Short and long term disability - Lincoln. Moved by Mark, Seconded by Beckenbach Commissioner Beckenbach thanked Ms. Berry for her work on this. Votes: Aye: 4 -Beckenbach, Hill, Mark, Woods Nay: 0 MOTION CARRIED C. City Attorney Evaluation Tool. Ms. Berry stated she took the City Manager tool developed for ICMA and, to keep things consistent, she drafted a tool for the City Attorney and the City Clerk, using the same format. She explained the procedures for the evaluations. Motion: Adopt evaluation tool to be utilized for an annual evaluation of the City Attorney, which process will be directed by the Mayor and coordinated by the City Manager each year. Moved by Mark, Seconded by Hill Commissioner Hill stated the critical piece to this is how it is executed. Ms. Berry stated she can bring that back in another staff report. She stated she did revise the evaluation tool and it is now coming from her rather than the Mayor. Commissioner Hill stated he would like to see it completed 100% and look at it. He stated he would like to not vote on it tonight because he doesn't want to vote on something that has a lot of changes. Mayor Woods stated she believes they are just voting on having an evaluation tool, not the process and Ms. Berry will bring the process back to them. Commissioner Hill stated if there was not urgency in it, he wanted it combined so they would know what they are doing exactly. He stated if there is an urgency to it, he will move forward tonight. Ms. Berry stated there is no urgency, but she does like employees to know what their expectations are at the beginning of an evaluation period, which was why it was important to her to get the evaluation tool in place so they know next year at this time what they will be graded on. Commissioner Hill stated the piece that bothered him was the public vs. the Commissioner reviewing it and he wanted to see it laid out. Ms. Berry stated it is directed by her this time; the evaluation period is laid out and it says the evaluations will be summarized by the Director of HR, included in the City Manager's permanent file and presented to the City Manager by each Commissioner. She stated in their one-on-one they will talk with him about their input, although their comments will be compiled into one. She stated for the City Clerk she said the same thing, except she said one or more Commissioners because she wasn't sure if each of them would sit down with her. She stated for the City Attorney, it would be presented in an open forum unless they want to change that. Mayor Woods stated she like the format she had for the City Manager and believes it should be the same for all three. She stated if they can add that, would that satisfy Commissioner Hill. Commissioner Hill stated yes. Mayor Woods asked that Commissioner Mark add that language to the motion. Commissioner Beckenbach stated also it will go into the file, which is open to the citizenry. Ms. Berry stated, per his request last time, she will submit a notice that will be mailed out in the utility bills when they start the process so if anyone has public comment they can come make it at a meeting. Commissioner Hill stated if they will make that change, he will retract his comment about holding off and they can vote on it tonight. Ms. Berry stated she will attach that revised form to the minutes. Commissioner Beckenbach asked if he could bring up a question about the City Manager's evaluation or are they only discussing the City Attorney's. Mayor Woods stated they are discussing all three. Commissioner Beckenbach stated he would November 10, 2014 REGULAR COMMISSION MEETING AGENDA ITEM # lA NOVEMBER 24, 2014 Page4 like to add under the supervision for the City Manager where it says "and providing appropriate feedback", he would like to cross out that initial "and" to state "providing appropriate feedback and appropriate mentoring at that time". He stated feedback and men to ring are two different things, to him. He stated he believes that would be a very important item for a City Manager to convey that he will mentor that individual he supervises. Mayor Woods stated that is acceptable. Mr. Komando stated after the first time they have the evaluation period, although a lot of this looks great on paper now, they may realize there are things they are going to want to change at that point. He stated Ms. Berry has done a very good job of keeping the open narrative section to that and he suspects, just from reading through the different questions, there will come times where there are things they are not personally involved with, so it may limit their ability to provide responses. He stated as they grow through this, he suspects it will be an evolving tool that the Commission uses over time. Commissioner Mark asked if they need to amend the motion to include the process. Amended Motion: Amend original motion to include the process of review as outlined by the Human Resources Director which will be attached to the minutes (which is attached and made part of this Official Record as Attachment A). Moved by Mark, Seconded by Hill Mayor Woods stated she appreciated what Ms. Berry did in taking the time to see what each position's roles and responsibilities were and believes she adjusted the evaluation tool very appropriately. Votes: Aye: 4-Beckenbach, Hill, Mark, Woods Nay: 0 MOTION CARRIED D. City Clerk Evaluation Tool. Motion: Adopt evaluation tool to be utilized for an annual evaluation of the City Clerk, which process shall be as stated by the Human Resources Director and attached to the minutes of this meeting (which is attached and made part of this Official Record as Attachment B) outlining that process to be the same as the City Manager. Moved by Mark, Seconded by Hill Votes: Aye: 4-Becl{enbach, Hill, Mark, Woods Nay: 0 MOTION CARRIED E. City Manager Evaluation Tool. Motion: Adopt evaluation tool to be utilized for an annual evaluation of the City Manager, with the process that was stated by the Human Resources Director and attached as part of the minutes (which is attached and made part of this Official Record as Attachment C) describing that process. Moved by Mark, Seconded by Hill Amended Motion: On #8, Supervision, strike "and" in the fourth paragraph and put ", providing appropriate feedback and appropriate mentoring". Moved by Beckenbach, Seconded by Hill November 10, 2014 REGULAR COMMISSION MEETING Votes: Aye: 4-Beckenbach, Hill, Mark, Woods Nay: 0 MOTION CARRIED F. Pay increase for the City Clerk. AGENDA ITEM# lA NOVEMBER 24, 2014 Page 5 Mayor Woods stated because the City Clerk is not included in any other category, as the rest of the employees are, for annual raises this keeps her on par with all the other employees. Motion: Approve a salary increase of 3% for the City Clerk retroactive to 10/1/14. Moved by Mark, Seconded by Hill Votes: Aye: 4 -Beckenbach, Hill, Mark, Woods Nay: 0 MOTION CARRIED 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Declare the list of property as surplus so that the items on it may be disposed of in the most beneficial way to the City. B. Extend the contract for Beach Cleaning (Bid No. 1213-13) for one year, from November 1, 2014 through October 31, 2015, at the cunent level of service of 4-5 trash pickups per week and raking on an event basis as directed. C. Extend the Utility Contractor contract (Bid No. 1011-02) for one additional year to Gruhn May, Inc. at the cunent contract prices, effective January 11, 2015. D. Approve the issuance of contracts to the two top ranked firms for professional surveying services for five (5) calendar years with options to cancel the contract at the end ofyears three (3) and four (4). E. Approve the $33,590.86 proposal for final design of Francis Avenue (Jackson to Dutton Island) and authorize City Manager to sign the contract with Connelly & Wicker. Mayor Woods read the Consent Agenda. Commissioner Beckenbach pulled Item B. Commissioner Hill pulled Item E. Motion: Approve Consent Agenda Items A, C, and D as read. Moved by Mark, Seconded by Hill Votes: Aye: 4 -Beckenbach, Hill, Mark, Woods Nay: 0 November 10, 2014 REGULAR COMMISSION MEETING MOTION CARRIED AGENDA ITEM # IA NOVEMBER 24, 2014 Page 6 Commissioner Beckenbach asked how many times they raked the beach after they separated that from the contract. Public Works Director Doug Layton stated he was only here from June on and the beach was not raked during that time. He stated they reallocated that money to additional trash pick-up on the beach. Discussion ensued. Motion: Approve Consent Agenda Item B as read. Moved by Hill, Seconded by Beckenbach Votes: Aye: 4-Beckenbach, Hill, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Hill asked if there was a reason they didn't do the whole Francis Street. Mr. Van Liere explained they were going to use CDBG money and it would take three phases of the annual allotment. Mr. Layton stated the City of Jacksonville told us there were some funds available and they can now do all three phases at once. He stated they have to get the consultant started on this because he has to be finished with design by December 1 to make the schedule work because we have to spend the money by July 1, 2015, which is why this is here as an amended agenda item. Discussion ensued. Motion: Approve Consent Agenda Item E as read. Moved by Mark, Seconded by Hill Votes: Aye: 4-Beckenbach, Hill, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 90-14-223, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO AMEND CONDITIONS OF LOTS EXTENDING BETWEEN BEACH A VENUE AND OCEAN BOULEVARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 90-14-223 by title. Mayor Woods opened the Public Hearing. Mr. Van Liere explained although this was a first reading Mr. Hubsch published this as a Public Hearing because it was a land planning ordinance. No one from the audience spoke so she closed the Public Hearing November 10,2014 REGULAR COMMISSION MEETING Motion: Approve Ordinance No. 90-14-223 as read. Moved by Mark, Seconded by Hill AGENDA ITEM# lA NOVEMBER 24, 2014 Page7 Mr. Hubsch summarized his staff report and the ordinance. He answered questions from the Commission. City Attorney Komando further explained the ordinance. Discussion ensued. Votes: Aye: 4 -Beckenbach, Hill, Mark, Woods Nay: 0 MOTION CARRIED B. Ordinance No. 60-14-19, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17, ARTICLE IV, SECTION 17-51 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, TO EXTEND THE DATE FOR COMPLIANCE WITH SIGN REGULATIONS TO JUNE 1, 2015; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read Ordinance No. 60-14-19 by title. Mayor Woods stated there would also be a Public Hearing on this ordinance and opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Mr. Hubsch summarized his staff report, stating this extends the date for compliance from January 1, 2015 to June 1, 2015 to give them time to work through some code changes. Motion: Approve Ordinance No. 60-14-19 as read. Moved by Mark, Seconded by Beckenbach Discussion ensued. Mayor Woods asked about the Kangaroo signs as were discussed at the last meeting. Mr. Hubsch stated he had done some research on it and will do further research and report back at the next meeting. Votes: Aye: 4-Beckenbach, Hill, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. PLAT 14-00100039. Building and Zoning Director Jeremy Hubsch summarized his staff report showing slides of the property and the proposed re-plat dividing the lot into two lots. He stated the applicant was in the audience if the Commission had any questions. He stated the Community Development Board recommended approval, 6-0. Mr. Hubsch answered questions from the Commission. Peter Coalson, the applicant, answered questions from the Commission. Discussion ensued. Mayor Woods asked the City Attorney if they can limit the width of a driveway before it gets to the building setback line. Mr. Komando stated the width for a driveway is already limited in the code, but after listening to them talk, he is surprised they don't have a minimum lot November 10, 2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA NOVEMBER 24,2014 Page 8 width requirement. Mr. Hubsch stated they do but it is just at the building restriction line, not at the street entry point. Mayor Woods asked, in granting this re-plat, are they able to place restrictions on the width of the driveway or is that something they need to address in the code/ordinance. Mr. Komando stated there can be conditions placed on are-plat. Mayor Woods stated if they agree to move it forward, she would like to see a 12ft. maximum width on the driveway until the building restriction line. Further discussion ensued. It was the consensus to move this to unfinished business for the next Commission meeting with the condition of a maximum 15ft. driveway for each individual lot. Commissioner Beckenbach asked if they are required tore- plat this lot. Mr. Komando stated they are not required to. Commissioner Beckenbach stated there is no legal precedent that they have to split this lot and they have the right to say it is platted as it is and they don't need to plat it again. Mr. Komando agreed. Mr. Hubsch stated there are no findings of fact in our plat process; it just says you take it to the Commission for them to make a rendering. He stated it makes it discretionary for the Commission to decide. Mr. Komando stated their options are approve, deny, or approve with special conditions. Commissioner Mark asked if it is normal that this type of request would even come before the Commission if it meets all of the requirements in our code. Mr. Komando stated yes, the re-plat process requires it to go before the Community Development Board. He stated there are time driven deadlines for Mr. Hubsch's position and then there are time deadlines for the Commission to review and approve, deny, or approve with conditions. Mr. Hubsch stated they are allowed to split two lots administratively as long as they meet all minimum lot sizes but if there are any outstanding issues they are not able to do it administratively but have to take it to the Commission. He stated in this case because of that unique circumstance with the building restriction line they have to have the Commission's approval. Further discussion ensued. Commissioner Hill stated looking at the Google satellite image of this, the effect on the sunounding properties is substantial. He stated if we are drawing special dotted lines to make this possible, he is not for it because of the character of the neighborhood; but if it meets our requirements he will be the first person to say yes, let's do it. He stated he just doesn't want to take any extreme measures to get this done, because those extreme measures will affect everybody coming in and out of their driveways. He stated it's all subtle, but it is quality of life stuff; even the people who buy these two lots will have issues. Following further discussion, Mayor Woods stated they are not going to move this forward; they will leave the item under miscellaneous business for discussion only at the next Commission meeting so they can address the issues further and then decide if they want to move it forward. She asked if this is what the consensus is or do they want to move it forward. Commissioner Mark stated she is ready to move it forward. Commissioner Hill stated he is leery to move it forward because he doesn't want to give the petitioner a false sense that it is moving forward. Commissioner Beckenbach stated he will hold off until he can check out a number of things. Mayor Woods asked Mr. Komando if this would be precedent setting. Mr. Komando stated any applicant is going to argue that you did something in the past; the way the case law reads, no, you are not bound by that. Mr. Van Liere stated so they can meet their expectations in what they want for the next meeting, the deadline for the next agenda is now, so there isn't going to be a lot of time to come up with research to prepare another report on this topic, but obviously they could bring more information to the next meeting but they are already preparing the next meeting's agenda. Commissioner Becken bach stated if everybody believes they should defer this, it is fine by him. He stated they could move it forward and then defer it or they can vote it down or up. Commissioner Hill stated he has some background for similar lots he wants to look at. He stated it is the shape issue and setback move that is giving him the most heartburn and the character change, i.e. philosophically is this where we are heading and is this what we want to do. He stated as long as the petitioner understands it isn't a green light to go start clearing the lot. Mayor Woods stated it has been since June so she doesn't believe an additional two weeks is going to matter. She stated she would just as soon leave it here for one more meeting, get all their questions answered, give staff time to do their research, give the applicant time to listen to what we have had to say and come back with some answers for us. She stated if they decide they want to move it forward at the next meeting they have that privilege. It was the consensus to do that. November 10,2014 REGULAR COMMISSION MEETING B. Appointment of Director ofPublic Safety/Police Chief This item was taken out of sequence and acted on earlier in the meeting. 9. City Manager A. City Manager's Report. • 90-Day Calendar (November 2014-January 2015). AGENDA ITEM # lA NOVEMBER 24,2014 Page 9 Mr. VanLiere stated they have been notified they are being sued related to an alleged umeasonable search and seizure in 2010. He stated if they have questions they can get with either Mr. Komando or him. Mr. Komando stated it will be referred to outside counsel by our insurance carrier. He stated at the point where there is any discussion about settlement, then they may need a shade meeting but will decide that as it comes. Mr. Van Liere stated the special meeting on the appeal of the Community Development Board variance denial will be postponed until around February so they can take that tentative date off their calendars. Mr. Koman do stated that was to be before the next Commission meeting at 5:00 but he spoke with opposing counsel this morning who indicated they wanted to move it past the beginning of the year. He asked if the Commission has a preference of the 9th or 23rd of February to schedule the meeting at 5:00 before the regular Commission meeting. Mayor Woods stated she would prefer the 9th. Mr. VanLiere stated the only other item is to add the special called meeting to their calendar on November 19 at 6:30 for the City Manager selection. Commissioner Beckenbach wanted the citizens to note that this special called meeting is specifically for the vote on the City Manager. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk Bartle • Thanked the Commission for her raise. Commissioner Mark • Reported that Mr. Hubsch and she attended a meeting at Greenscape whose services include evaluating tree canopies. She stated she will give some handouts to the City Clerk who will forward to the Commission electronically so they can find out more about their company. She stated the first thing they like to do is a tree survey and she, Mr. Hubsch and the City Manager, if available, have scheduled a meeting on November 19 at 10:00 with Charlie Marcus, an urban forester, for a site visit to drive around the City. She stated she will give a report on the Commission meeting of November 24 and if it is something the Commission would like to go forward on they can invite him to come to a Commission meeting to answer questions. • Bill Gulliford asked her if she would sit on the Mayport CRA Citizens Advisory Committee. She stated she told him she would love to do that and hopefully she will gain some experience working through that process. Commissioner Hill • Thanked our veterans for their service on the eve of Veterans Day and wanted to recognize that tomorrow is also Armistice Day. • Thanked the public for their patience on this lot split issue, as it was a very long winded conversation but he believes it is going to frame the community for a long time to come. November 10, 2014 REGULAR COMMISSION MEETING Commissioner Beckenbach AGENDA ITEM# IA NOVEMBER 24,2014 Page 10 • Has spoken to people regarding the Seminole Road parking issue and the residents are more interested in the green space than the 8 ft. sidewalk. He stated he would like to hear more from the City Manager pertaining to where we are and where we are going on that issue. Mr. Van Liere stated they have had numerous comments on a lot of the design elements and they are passing the information on to the engineers and looking at different options for changing the plan to accommodate some of these items. He stated the parking concerns him the most and the people want the lighting as well and there may be things they can cut out so they can afford that. He stated he had a discussion with Mr. Layton regarding the bioswales and the plantings and since he doesn't have staff to maintain both sides of the road he needs to come up with some cost figures on what landscaping maintenance may cost. He stated staff will need to come back to the Commission with some of these options and decide what they want the street to look like. Commissioner Beckenbach stated as this is one of the main arteries into our town, it should be a very attractive location to drive down. He stated the 50 parking spots were a major concern with the residents. He asked if they had an interest in having parking right across from the park for overflow and some people were interested and others were not. He stated he believes they should continue to get input from the citizenry. He believes there is an interest from the Commission to make it into something that would be desirable for the citizens to drive through. City Attorney Komando • Stated they should have received the update on the Charter Review Committee from the Chair. He stated there was a question regarding whether or not the Commission would have enough time to review the proposed recommendations, along with an opportunity for the public to provide comment. He stated his understanding is, based upon when the Charter Review Committee anticipates having the answer back, which would be 1st or 2nd quarter of next year, it should still give the Commission 4-5 months to review and pass the ordinances that would put this on the next ballot. Mayor Woods stated her concern is that once it leaves them, it doesn't go straight to the ballot, it still has a couple more steps it has to go through. Mr. Komando stated they have to meet certain word requirements, which is approved by the Supervisor of Elections, and he will take care of that. City Clerk Bartle asked if they were trying to get it on the August ballot, because they don't normally have run-offs, which would be the November ballot. She stated that would be a May date and asked if that is still going to be enough time. Mr. Komando stated it depends on how much public comment comes out of it. He stated so far there are 32 proposed amendments and they have tabled the more challenging issues. Mayor Woods stated the way they set it up, the Committee was supposed to give the Commission a partial report then a final report. She stated 32 amendments are overwhelming already. Mr. Komando stated there was discussion as to how much information to include in the report and some of the concern was that when the Committee goes back to review some of the more challenging issues that because so many Charter provisions are intertwined and intenelated that changing one of those issues could change something they have already decided which was why they received a little more broad description in the report. Mayor Woods • Asked the City Manager for a police building update. Mr. Van Liere stated Mr. Layton has been working with the architect and they believe they have the number down to where they want it to be. He stated Mr. Layton has been able to whittle away the number back down to what it should have been to begin with. • Regarding what Commissioner Mark said about the tree canopy, she believes it is a wonderful idea and gives us a way to measure the effectiveness of our Tree Ordinance and what we have been doing. She stated her only concern is if they need an RFP, like they did for the grant consulting agency. She November 10,2014 REGULAR COMMISSION MEETING AGENDA ITEM# lA NOVEMBER 24, 2014 Page 11 asked the City Attorney if they can just meet with one group and work with them. Commissioner Mark stated she doesn't believe it meets the dollar threshold requirement for an RFP, as it will be less than $1,000 for them to do this initial assessment. She stated there is money in the tree mitigation fund that will cover those kinds of costs. She stated there are some grants they are looking at pursuing. She stated Mr. Hubsch is going to check with the other beach communities to see if they might be interested in doing a joint project which may get us more points in applying for the grant and there is also discussion with Jacksonville. She stated two Jacksonville Councilmen were at the Greenscape meeting and are very interested in doing a tree canopy assessment for the City of Jacksonville, as well, which technically would include us, if you looked at it as a Duval County project. She stated they will be reporting back on that. • Asked for a CRA update. Mr. Hubsch stated they have it on the November 24th agenda and he will give a brief overview of their presentation and talk about next steps, possible CRA boundaries, what it takes to fund one, studies, etc. Mayor Woods asked if they need to schedule a workshop. It was consensus to have the workshop at 5:30 prior to the November 24th Commission meeting. • Reminded all that tomorrow is Veterans Day and there is a ceremony at our Veterans Park in Atlantic Beach. She encouraged everyone to attend. She stated it starts at 2:00. • Stated she is jealous that Neptune Beach got their Food Truck Ordinance before we did. She stated if anyone wants to consider one, they could get it on the agenda in the near future. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 8:40p.m. ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor/Presiding Officer ATTACHMENT A City Attorney Performance Evaluation City of Atlantic Beach, Florida Evaluation period: October 1, ___ to September 30, __ _ Commissioner's Name AGENDA ITEM # lA NOVEMBER 24, 2014 Each member of the Commission should complete this evaluation form, sign it in the space below, date and return it to Human Resources. The deadline for submitting this performance evaluation is------------· Evaluations will be summarized by the Director of Human Resources, included in the Attorney's permanent file and presented to the Attorney by one or more Commissioners. Those evaluations not received by Human Resources by the date listed above will not be considered. Director of Human Resources Date Notice of pending evaluations included in this month's newsletter. CB Commissioner's Signature Date Submitted Page 1 of 6 ATTACHMENT A INSTRUCTIONS AGENDA ITEM# lA NOVEMBER 24, 2014 This evaluation form contains seven categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the City Attorney's performance. 5 =Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 = Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page and return to the Human Resource Director by the requested date. On the date space of the cover page, enter the date the evaluation form was submitted to Human Resources. All evaluations presented prior to the deadline identified on the cover page will be summarized by the Human Resources Director into a performance evaluation to be presented by one or more Commissioners to the City Attorney. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS __ Diligent and thorough in the discharge of duties, "self-starter'' __ Exercises good judgment __ Displays enthusiasm, cooperation, and will to adapt __ Exhibits composure and attitude appropriate for the position Add the values from above and enter the subtotal __ + 4 = __ score for this category Page 2 of 6 Initials ATTACHMENT A 2. LEGAL CONSULTATION AGENDA ITEM# lA NOVEMBER 24, 2014 __ Provides the scope of legal expertise necessary to meet the City's needs on issues that arise __ Provides his best and honest recommendations given all existing legal issues and ramifications __ Possesses knowledge of and provides efficient and effective advice on the City's Charter and Municipal Code __ Advice provided regularly takes into account and balances the overall goals and objectives of the City __ Proactively identifies potential legal issues when he is aware of them to avoid problems from occurring __ Accurately identifies and addresses all legal issues within documents and items that he reviews Add the values from above and enter the subtotal __ + 6 = __ score for this category 3. LEGAL REPRESENTATION __ Aggressively represents the interests of the City as directed by the Commission __ Approach to legal matters is effective in achieving the best possible legal outcomes for the City's interests given the issues that arise __ Represents the City in a professional and ethical manner __ Is impartial and objective in his duties and responsibilities __ Estimates of legal impacts are reasonably accurate on a regular basis Add the values from above and enter the subtotal __ + 5 = __ score for this category 4. STAFF WORK __ 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 __ Maintains a good working relationship with members of the City's management team __ Able to maintain the Commission's and Staff's confidence while informing them of the different legal risks that proposed actions might generate __ Displays a positive attitude in carrying out his responsibilities and responding to requests Page 3 of 6 Initials ATTACHMENT A AGENDA ITEM# lA NOVEMBER 24, 2014 Add the values from above and enter the subtotal __ + 4 = __ score for this category 5. COST/FISCAL ACCOUNTABILITY AND CONTROL __ Effectively manages and controls legal costs given the issues, assignments and requests made to him __ Legal tasks are performed with appropriate authorization according to established procedures and contract requirements __ Fiscally effective approach in achieving best possible legal outcomes for the City's interests given the issues that arise __ Invoices accurately identify tasks and expenses in sufficient detail to provide accountability and cost control Add the values from above and enter the subtotal __ + 4 = __ score for this category 6. RESPONSIVENESS/TIMELINESS OF ACTIONS __ Requested legal work and assignments are completed in a timely manner within established time frames __ Accessible when needed to respond to requests for legal information and assistance __ Timely completion of legal reviews and requests for information __ Effective follow-up to requests that are made to him __ Accurately interprets and clarifies Commission and City Manager direction Add the values from above and enter the subtotal + 5 = __ score for this category 7. COMMUNICATIONS ___ Effectively communicates with Commissioners, City Manager and Department Heads __ Answers are provided in a timely and understandable manner __ Maintains confidentiality with regard to all legal matters, as appropriate Add the values from above and enter the subtotal __ + 3 = __ score for this category Page 4 of 6 Initials ATTACHMENT A NARRATIVE EVALUATION AGENDA ITEM# lA NOVEMBER 24, 2014 What would you identify as the City Attorney's strength(s), expressed in terms of the principle results achieved during the rating period?-------------------- What performance area(s) would you identify as most critical for improvement? _____ _ What constructive suggestions or assistance can you offer the City Attorney to enhance performance? ________________________________ __ Page 5 of 6 Initials ATTACHMENT A AGENDA ITEM# lA NOVEMBER 24, 2014 What other comments do you have for the City Attorney e.g., priorities, expectations, goals or objectives for the new rating period? --------------------- Page 6 of 6 Initials ATTACHMENT B City Clerk Performance Evaluation City of Atlantic Beach, Florida AGENDA ITEM# lA NOVEMBER 24, 2014 Evaluation period: October 1, ____ to September 30, ____ _ Commissioner's Name Each member of the Commission should complete this evaluation form, sign it in the space below, date and return it to Human Resources. The deadline for submitting this performance evaluation is ____________ . Evaluations will be summarized by the Director of Human Resources, included in the Clerk's permanent file and presented to the Clerk by one or more Commissioners. Those evaluations not received by Human Resources by the date listed above will not be considered. Director of Human Resources Date Notice of pending evaluations included in this month's newsletter. CB Commissioner's Signature Date Submitted Page 1 of 5 ATTACHMENT B INSTRUCTIONS AGENDA ITEM# lA NOVEMBER 24, 2014 This evaluation form contains six categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the City Clerk's performance. 5 =Excellent (almost always exceeds the performance standard) 4 =Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard) 2 =Below average (usually does not meet the performance standard) 1 =Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 =Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page and return to the Human Resource Director by the requested date. On the date space of the cover page, enter the date the evaluation form was submitted to Human Resources. All evaluations presented prior to the deadline identified on the cover page will be summarized by the Human Resources Director into a performance evaluation to be presented by one or more Commissioners to the City Clerk. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS __ Diligent and thorough in the discharge of duties, "self-starter" __ Exercises good judgment __ Displays enthusiasm, cooperation, and will to adapt __ Exhibits composure and attitude appropriate for the position Add the values from above and enter the subtotal __ + 4 = __ score for this category Page 2 of 5 Initials ATTACHMENT B 2. PROFESSIONAL SKILLS AND STATUS AGENDA ITEM# lA NOVEMBER 24, 2014 __ Maintains knowledge of current developments affecting the practice of the Clerk's Office __ Demonstrates a capacity for innovation and creativity __ Anticipates and analyzes problems to develop effective approaches for solving them __ Willing to try new ideas proposed by Commission members and/or staff __ Sets a professional example by handling affairs of the Clerk's office in a fair and impartial manner Add the values from above and enter the subtotal __ + 5 = __ score for this category 3. CITY CLERK FUNCTIONS __ Oversees the appropriate maintenance of all records of the City and oversees the records retention and destruction process __ Provides accurate and timely agendas and successfully manages the agenda process for the Commissioners, City Manager and Department Heads __ Attends all regular and special meetings of the Commission and successfully provides accurate official minutes of the proceedings __ Manages all public records requests __ Manages municipal elections, and exhibits knowledge of principles and practices of municipal code and pertinent election law __ Ability to meet and serve the public with tact and creditability Add the values from above and enter the subtotal __ + 6 = __ score for this category 4. REPORTING AND RECORDS __ Provides regular information and reports to the Commission concerning matters of importance to the City, using the City Charter as a guide __ Responds in a timely manner to requests from the Commission for special reports __ Takes the initiative to provide information, advice and recommendations to the Commission on functions and issues involving the Clerk's Office __ Effectively manages records and indexing of records for public use Understands Florida Public Records and Government in the Sunshine Laws -- Add the values from above and enter the subtotal __ + 5 = __ score for this category Page 3 of 5 Initials ATTACHMENT B 5. FISCAL MANAGEMENT AGENDA ITEM # lA NOVEMBER 24, 2014 __ Makes the best possible use of available funds, conscious of the need to operate the the Clerk's Office efficiently and effectively __ Prepares a budget and budgetary recommendations in an intelligent and accessible format __ Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability __ Appropriately monitors and manages fiscal activities of the Clerk's Office Add the values from above and enter the subtotal __ + 4 = __ score for this category 6. STAFFING AND SUPERVISION __ Manages staff effectively __ Encourages teamwork, innovation and effective problem-solving among staff members __ Instills confidence and promotes initiative in subordinates through supportive controls for their programs while still monitoring operations at the staff level __ 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 __ Promotes training and development opportunities for employees Add the values from above and enter the subtotal __ + 5 = __ score for this category NARRATIVE EVALUATION What would you identify as the City Clerk's strength(s), expressed in terms of the principle results achieved during the rating period?-------------------- Page 4 of 5 Initials ATTACHMENT B AGENDA ITEM # lA NOVEMBER 24, 2014 What performance area(s) would you identify as most critical for improvement? _____ _ What constructive suggestions or assistance can you offer the City Clerk to enhance performance? ____________________________ _ What other comments do you have for the City Clerk; e.g., priorities, expectations, goals or objectives for the new rating period? --------------------- Page 5 of 5 Initials ATTACHMENT C City Manager Annual Performance Evaluation City of Atlantic Beach, Florida AGENDA ITEM# lA NOVEMBER 24, 2014 Evaluation period: October 1, ___ to September 30, ___ _ Commissioner's Name Each member of the Commission should complete this evaluation form, sign it in the space below, date and return it to Human Resources. The deadline for submitting this performance evaluation is _____________ . Evaluations will be summarized by the Director of Human Resources, included in the City Manager's permanent file and presented to the City Manager by each Commissioner. Those evaluations not received by Human Resources by the date listed above will not be considered. Director of Human Resources Date Notice of pending evaluations included in this month's newsletter. CB Commissioner's Signature Date Submitted Page 1 of 7 ATIACHMENT C INSTRUCTIONS AGENDA ITEM# lA NOVEMBER 24,2014 This evaluation form contains ten categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the City Manager's performance. 5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 =Average (generally meets the performance standard) 2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard) Any item left blank will be interpreted as a score of "3 =Average" This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly. Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page and return to the Human Resource Director by the requested date. On the date space of the cover page, enter the date the evaluation form was submitted to Human Resources. All evaluations presented prior to the deadline identified on the cover page will be summarized by the Human Resources Director into a performance evaluation to be included in the City Manager's permanent file and presented by each Commissioner to the city manager as part of their regularly scheduled one-on-one meetings. PERFORMANCE CATEGORY SCORING 1. INDIVIDUAL CHARACTERISTICS __ Diligent and thorough in the discharge of duties, "self-starter" __ Exercises good judgment __ Displays enthusiasm, cooperation, and will to adapt __ Mental and physical stamina appropriate for the position __ Exhibits composure, appearance and attitude appropriate for executive position Add the values from above and enter the subtotal __ + 5 = __ score for this category Page 2 of 7 Initials ATTACHMENT C 2. PROFESSIONAL SKILLS AND STATUS AGENDA ITEM# lA NOVEMBER24, 2014 __ Maintains knowledge of current developments affecting the practice of local government management __ Demonstrates a capacity for innovation and creativity __ Anticipates and analyzes problems to develop effective approaches for solving them __ Willing to try new ideas proposed by Commission members and/or staff __ Sets a professional example by handling affairs of the public office in a fair and impartial manner Add the values from above and enter the subtotal __ + 5 = __ score for this category 3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY __ Carries out directives of the Commission as a whole as opposed to those of any one member or minority group __ Sets meeting agendas that reflect the guidance of the Commission and avoids unnecessary involvement in administrative actions __ Disseminates complete and accurate information equally to all Commissioners in a timely manner __ Assists by facilitating decision making without usurping authority __ Responds well to requests, advice, and constructive criticism Add the values from above and enter the subtotal __ + 5 = __ score for this category 4. POLICY EXECUTION __ Implements Commission actions in accordance with the intent of Commission __ Supports the actions of the Commission after a decision has been reached, both inside and outside the City __ Understands, supports, and enforces local government's laws, policies, and ordinances __ Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness __ Offers workable alternatives to the Commission for changes in law or policy when an existing policy or ordinance is no longer practical Add the values from above and enter the subtotal __ + 5 = __ score for this category Page 3 of 7 Initials ATTACHMENT C 5. REPORTING AGENDA ITEM # lA NOVEMBER 24, 2014 __ Provides regular information and reports to the Commission concerning matters of importance to the City, using the City charter as guide __ Responds in a timely manner to requests from the Commission for special reports __ Takes the initiative to provide information, advice, and recommendations to the Commission on matters that are non-routine and not administrative in nature __ Reports produced by the City Manager are accurate, comprehensive and concise __ Produces and handles reports in a way to convey the message that affairs of the City are open to public scrutiny Add the values from above and enter the subtotal __ + 5 = __ score for this category 6. CITIZEN RELATIONS __ Responsive to requests from citizens __ Demonstrates a dedication to service to the community and its citizens __ Maintains a nonpartisan approach in dealing with the news media __ Meets with and listens to members of the community to discuss their concerns and strives to understand their interests __ Gives an appropriate effort to maintain citizen satisfaction with City services Add the values from above and enter the subtotal __ + 5 = __ score for this category 7. STAFFING __ Recruits and retains competent personnel for staff positions __ Applies an appropriate level of supervision to improve any areas of substandard performance __ Stays accurately informed and appropriately concerned about employee relations __ Professionally manages the compensation and benefits plan __ Promotes training and development opportunities for employees at all levels of the organization Add the values from above and enter the subtotal __ + 5 = __ score for this category Page 4 of 7 Initials ATTACHMENT C 8. SUPERVISION AGENDA ITEM# lA NOVEMBER24, 2014 __ Encourages heads of departments to make decisions within their jurisdictions with minimal City Manager involvement, yet maintains general control of operations by providing the right amount of communication to the staff __ Instills confidence and promotes initiative in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department level __ Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the City Manager's office __ 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, providing appropriate feedback and appropriate mentoring __ Encourages teamwork, innovation, and effective problem-solving among the staff members Add the values from above and enter the subtotal __ + 5 = __ score for this category 9. FISCAL MANAGEMENT __ Prepares a balanced budget to provide services at a level directed by the Commission __ Makes the best possible use of available funds, conscious of the need to operate the the City efficiently and effectively __ Prepares a budget and budgetary recommendations in an intelligent and accessible format __ Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability __ Appropriately monitors and manages fiscal activities of the City Add the values from above and enter the subtotal __ + 5 = __ score for this category Page 5 of 7 Initials ATTACHMENT C 10. COMMUNITY __ Shares responsibility for addressing the difficult issues facing the City __ Avoids unnecessary controversy __ Cooperates with neighboring communities and the county AGENDA ITEM# lA NOVEMBER 24,2014 __ Helps the council address future needs and develop adequate plans to address long term trends __ Cooperates with other regional, state and federal government agencies Add the values from above and enter the subtotal __ + 5 = __ score for this category NARRATIVE EVALUATION What would you identify as the manager's strength(s), expressed in terms of the principle results achieved during the rating period?-------------------- What performance area(s) would you identify as most critical for improvement? _____ _ Page 6 of 7 Initials A IT ACHMENT C AGENDA ITEM# lA NOVEMBER 24,2014 What constructive suggestions or assistance can you offer the City Manager to enhance perrormance? __________________________________________________________ __ What other comments do you have for the City Manager; e.g., priorities, expectations, goals or objectives for the new rating period? ------------------------------------------- Page 7 of 7 Initials