CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING

Transcription

1 MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular City Commission Meeting was held on TUESDAY, SEPTEMBER 11, 2018, in the City Commission Chambers, 1507 Bay Palm Boulevard, Indian Rocks Beach, Florida. Mayor-Commissioner Kennedy called the meeting to order at 7:01 p.m., followed the Pledge of Allegiance and ten seconds of silence in remembrance of 911 and those who lost their lives. PRESENT: Mayor-Commissioner Joanne Cookie Moston Kennedy Vice Mayor-Commissioner Edward G. Hoofnagle Commissioner Phillip J. Hanna Commissioner Nick Palomba Commissioner Philip M. Wrobel City Attorney Randy D. Mora City Manager Brently Gregg Mims City Clerk Deanne Bulino O Reilly, MMC Finance Director Daniel A. Carpenter, CGFO Public Services Director Dean A. Scharmen (To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order.) 1A. REPORT OF Pinellas County Sheriff s Office. The Pinellas County Sheriff s Office (PCSO) presented the August 2018 Crime Analysis Report for the City of Indian Rocks Beach, and addressed the City Commission s questions and/or concerns. 2. PUBLIC COMMENTS. Lindsay Cross, Candidate for Florida Senate, District 24, introduced herself and provided a brief background on herself and her campaign platform. Bob Griffin, 375 La Hacienda Drive, complimented the PSCO on their vacation house checks, and provided a brief update on the restaurant strawless campaign from Clearwater Beach to Pass-A-Grille Beach. Mr. Griffin inquired if any progress has been made on approaching the Florida Department of Transportation about painting the side of the Walsingham Bridge Page 1 of 16

2 with the City s logo to welcome boaters to Indian Rocks Beach. The same way Treasure Island has done with a sign that reads: Welcome to Treasure Island with their logo. Julie Hoofnagle, Two Fifth Avenue, President of Action 2000, Inc., thanked the City for their partnership during the September 8, 2018 Action 2000, Inc., County Park Cleanup Event, stating they could not have done it without the help of the City and their partnership with the City and others. 3A. REPORTS OF the City Attorney. No Report. 3B. REPORTS OF the City Manager. WALSINGHAM BRIDGE: Public Services Director Scharmen updated the City Commission on the process of obtaining a permit from FDOT to paint a welcome sign on the side of the Walsingham Bridge to welcome boaters to Indian Rocks Beach. RED TIDE: City Manager Mims stated Pinellas County has been very proactive and has hired DRC Emergency Services who have hired shrimp boats to scoop up as many dead fish in the Gulf before they hit the beach. The City is doing daily monitoring of the beach and the City has not had a lot fish on the beach. If the City gets to the point where it is more than a hand pickup, the City will use its new tractor and mechanical rake, purchased through BP Oil funds, to pick up the dead fish. City Manager Mims stated Pinellas County has suspended all tipping fees for the disposal of dead fish, and DRC will assist cities in picking up dead fish off the beach with the cost being borne by Pinellas County. PAID COMMERCIAL PARKING LOTS: City Manager Mims stated during the August 13, 2018 City Commission Meeting, a resident addressed the City Commission about paid parking lots in the Business District Triangle, and explained the City s Land Development Code prohibits commercial paid parking lots. City Manager Mims stated the first step in the process would be to forward the issue to the Planning and Zoning Board for review and recommendation. CONSENSUS OF THE CITY COMMISSION TO FORWARD TO THE PLANNING AND ZONING BOARD TO DISCUSS/CONSIDER THE PROS AND CONS OF AMENDING THE IRB LAND CODE TO ALLOW PAID COMMERCIAL PARKING LOTS IN ANY COMMERCIAL DISTRICT IN INDIAN ROCKS BEACH, WITH COMMISSIONER WROBEL OBJECTING. Page 2 of 16

3 3C. REPORTS OF the City Commission. VICE MAYOR-COMMISSIONER HOOFNAGLE: Thanked the men and women who are serving the Country and would like to extend, for a few more seconds, a moment of silence that was observed in the opening of the meeting. COMMISSIONER WROBEL: Stated when the City Clerk s raise was discussed, he would like to request additional data on the City Manager s data that includes the City Managers salaries for all of Pinellas County, including their duties, and whether they have police, fire, and so forth. Vice Mayor-Commissioner Hoofnagle stated he would like to add a discussion item entitled Charter Officer Evaluations, and he has some thoughts about what Commissioner Wrobel brought up. MAYOR-COMMISSIONER KENNEDY: Announced the City and organizational meetings and events. 4. ADDITIONS/DELETIONS. CONSENSUS TO ADD DISCUSSION OF CHARTER OFFICER EVALUATIONS TO THE AGENDA AS AGENDA ITEM NO 9A. UNANIMOUS APPROVAL BY ACCLAMATION. 5. CONSENT AGENDA: A. APPROVAL of the August 13, 2018 City Commission Meeting Minutes. B. CONFIRMING ACTION taken during the September 4, 2018 Special City Commission Meeting. C. RESOLUTION NO Nominating an elected official to Forward Pinellas, serving as the Pinellas Planning Council and the Metropolitan Planning Organization. D. AUTHORIZING the City Manager to execute a Renewal Agreement with Public Risk Management for Group Health Insurance Coverage for FY E. AUTHORIZING the City Manager to sign and approve a one year Agreement for Property/Casualty/Workers Compensation and Flood Insurance Coverages with Public Risk Management of Florida for FY F. AUTHORIZING the City Manager to enter into a Contract with the Pinellas County Sheriff s Office for FY Law Enforcement Services. Page 3 of 16

4 G. APPROVAL of the September 4, 2018 Special City Commission Meeting Minutes. City Attorney Mora read the Consent Agenda, consisting of Agenda Items No. 5A through 5G. MOTION MADE VICE MAYOR-COMMISSIONER HOOFNAGLE, SECONDED BY COMMISSIONER PALOMBA, TO APPROVE THE CONSENT AGENDA, CONSISTING OF AGENDA ITEM NOS. 5A THROUGH 5G. UNANIMOUS APPROVAL BY ACCLAMATION. 6A. ORDINANCE NO SECOND AND FINAL READING/PUBLIC HEARING. An ordinance of the City of Indian Rocks Beach, Florida, repealing Article V, Planned Unit Development, by deleting Sections through Concerning the Purpose, Applicability, Content and Review of Planned Unit Developments and replacing them with Article V, Planned Unit Development District by adding Sections through , Concerning the Purpose, Applicability, Content and Review of Planned Unit Developments; providing for renumbering; providing for severability; providing for resolution of conflicts; and providing for an effective date. City Attorney Mora read Ordinance No by title only. City Attorney Mora introduced Ordinance No on second and final reading. Mayor-Commissioner Kennedy opened the public hearing. Seeing and/or hearing no one wishing to speak, Mayor-Commissioner Kennedy closed the public hearing. There were no questions and/or comments by the City Commission. MOTION MADE BY COMMISSIONER HANNA, SECONDED BY VICE MAYOR-COMMISSIONER HOOFNAGLE, TO APPROVE ORDINANCE NO , ON SECOND AND FINAL READING, REPEALING ARTICLE V, PLANNED UNIT DEVELOPMENT, BY DELETING SECTIONS THROUGH CONCERNING THE PURPOSE, APPLICABILITY, CONTENT AND REVIEW OF PLANNED UNIT DEVELOPMENTS AND REPLACING THEM WITH ARTICLE V, PLANNED UNIT DEVELOPMENT DISTRICT BY ADDING SECTIONS THROUGH , CONCERNING THE PURPOSE, APPLICABILITY, CONTENT AND REVIEW Page 4 of 16

5 OF PLANNED UNIT DEVELOPMENTS; PROVIDING FOR RENUMBERING; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ROLL CALL VOTE: PALOMBA AYE WROBEL AYE HOOFNAGLE AYE HANNA AYE KENNEDY AYE THE MOTION CARRIED UNANIMOUSLY. 6B. ORDINANCE NO SECOND AND FINAL READING/PUBLIC HEARING. An ordinance of the City Commission of the City of Indian Rocks Beach, Florida, incorporating recitals as findings of fact; amending Chapter 110 of the City s Land Development Regulations to add Article IX Short Term Vacation Rentals; adding section establishing applicability; adding section establishing definitions; adding section establishing minimum registration requirements for short-term vacation rentals; adding section establishing minimum life safety requirements and an inspection regime; adding section establishing the requirements and duties of designated responsible parties; adding section establishing minimum requirements for rental use agreements; adding section concerning required postings on short-term vacation rentals; adding section establishing violations; adding section establishing the remedies, penalties and enforcement mechanisms for violations of this article; providing for codification and revision of scrivener s errors; providing for full force and effect of ordinance; providing for severability; and providing for an effective date. City Attorney Mora read Ordinance No by title only. City Attorney Mora introduced Ordinance No on second and final reading, and reviewed the substantive changes from first reading to second reading: Title: Corrected scrivener s errors, amended title to reflect change to Section Section , Definitions: Changed or to and in definition of public lodging establishment. Page 5 of 16

6 Section , Minimum requirements: Enhanced explanation on exceptions to more explicitly address concerns of public. The following language was added: In the event items 1 or 2 above are not applicable to the property, the property owner shall provide a written statement and any support documentation setting forth the reason the requirement does not apply. The City Manager or his/her designee shall make a final determination as to the applicability of these minimum requirements for a short-term vacation rental. Section , Vacation rental standards: Added advertising requirement per consensus. Section , Lease agreement: Removed requirement for age and name information of all guests per consensus. City Attorney Mora stated Ordinance No does not ban short-term rentals in Indian Rocks Beach. It does not restrict the duration or frequency of short-term rentals in the city of Indian Rocks Beach that is by design, that is because the Florida Legislature has made it such that this body cannot regulate that going forward. City Attorney Mora stated Ordinance No requires payment of taxes, requires the business tax receipt number be included on all advertising, including, but not limited to, print and internet-based advertising, and requires a sign out front that identifies whom the person or persons of contact should be in the event there is an issue on the property. Mayor-Commissioner Kennedy opened the public hearing. Carla Stall, Reef Club Condominiums, 1000 Gulf Boulevard, stated she supports the ordinance because it levels the playing field among rental owners and short-term renters on the west and east sides of Gulf Boulevard. Bill Thomas, th Avenue, stated he just wants to make sure the ordinance is accurate and works for all parties. He stated the ordinance pinned to the website does not have the changes the City Attorney reviewed and stated the latest draft should be available to the public. Terry Rolan, Indian Rocks Beach, stated she is in the process of purchasing some Indian Rocks Beach short-term rentals, and for safety concerns, she has an issue with posting her name and telephone number outside of her shortterm rentals. Joe Ferrell, Pinellas County Realtor Organization, stated the organization s goal is not to be in favor or against short-term vacation rentals. Their goal is to help craft an ordinance that will stand the test of time and to move the Page 6 of 16

7 community forward and for everyone to be happy with the situation. He stated their goal is to identify policies that can weed-out the bad actors, the ones that cause the problems. He stated his organization is worried about posting the name and telephone number of the designated short-term vacation rental responsible party for safety reasons, and stated if there is a problem, the complainant should call the sheriff s office or the city, and the city and the sheriff s office should have the contact names and numbers, they should not be posted in the front yard. Ruth Coopee, th Avenue, stated she owns short-term vacation rentals, and stated there should be an occupancy limit on short-term vacation rentals, and owners should provide tax payment/statement records when applying for their annual business tax receipt. Laura Lindsay, th Avenue, stated she has a short-term rental, and she also has a problem with posting her contact information out front for safety reasons and for the protection of her property. Laurie Gieseking, 10 Gulf Boulevard (Cypress & Sun Condominiums), stated she has a concern with posting of contact information, the name and phone number of the designated responsible party on the front door of each unit, which basically lists it as a property rental. It is just asking for more transient, homeless-type troubles. Hugh Burton, 1102 Beach Trail, stated what is being discussed this evening is responsibility. He has been a homeowner and landlord for many years, and he would like to think he has been a responsible landlord, but unfortunately within any community it appears there are small groups of people that are perhaps not as responsible as they should be. The City Commission is tasked with a very difficult challenge, which is how do they get people to become more responsible. He has found over time fines seem to get people in line. What he has witnessed here, since he has moved back to the beach, is increased noise, increased trash, and poor maintenance of property. Mr. Burton stated the City Commission might want to consider within the ordinance if there are so many registered complaints against a property because the property owner is not being a responsible landlord, that perhaps they get fined somehow. Seeing and/or hearing no one wishing to speak further, Mayor-Commissioner Kennedy closed the public hearing. City Attorney Mora stated the pinned document, (Ordinance No ), on the City s home page versus the actual circulated agenda materials tracks to Page 7 of 16

8 the previous version, and the actual circulated agenda materials do, in fact, contain the revisions. City Attorney Mora stated this ordinance applies to all structures used for the purposes of short-term vacation rentals as permissible commercial businesses when operating within the single-family ( S ), medium-density ( RM-2"), and medium-density duplex residential ( RM-1"). City Attorney Mora stated to that end, he will revisit the changes between the last version and this version: Title: Corrected scrivener s errors, amended title to reflect change to Section Section , Definitions: Changed or to and in definition of public lodging establishment. Section , Minimum requirements: Enhanced explanation on exceptions to more explicitly address concerns of public. The following language was added: In the event items 1 or 2 above are not applicable to the property, the property owner shall provide a written statement and any support documentation setting forth the reason the requirement does not apply. The City Manager or his/her designee shall make a final determination as to the applicability of these minimum requirements for a short-term vacation rental. Section , Vacation rental standards: Added advertising requirement per consensus. 3. Advertising Requirement. All advertising for vacation rental units shall identify the City-issued business tax receipt number associated with the advertised rental property. The vacation business tax receipt number shall be included on all advertising, including, but not limited to print and internet-based advertising. Advertisements that do not contain this information or that contain inaccurate information shall be deemed a violation of this section and subject to the penalties set forth in Section Section , Lease agreement: Removed requirement for age and name information of all guests per consensus. The name and ages of all persons who will be occupying the unit has been changed to The name of the primary responsible lessor who will be occupying the unit. City Attorney Mora stated this body has explicitly considered occupancy restrictions, but has declined to include occupancy restrictions for a handful of reasons, one of which is the difficulty with which that is enforced. There are other communities who have included such language and are now facing for that and other reasons involving the way that they have regulated short-term rentals are facing multi-million dollar litigation and that was a risk that this body declined to take in regulating this issue. Page 8 of 16

9 City Attorney Mora stated another question arose about how owner-occupied properties are treated in this ordinance. He stated the required posting of the designated responsible party in Section (1) does not apply in instances where the owner occupied a portion or division of the short-term vacation rental as his or her primary residence. City Attorney Mora stated the next point that was raised concerned the terminology in this ordinance. One of the challenges when drafting legislation is trying to find language that appropriately captures what is at issue and is consistent with other regulatory schemes. The use of transient public lodging establishment aligns with language in the Fire Code, Pinellas County Land Use Regulation, and with the City Code elsewhere. City Attorney Mora stated the last comment concerned registered complaints leading to augmented fines. This body has also considered that point in the course of evaluating and drafting this ordinance. The reason that particular language was not included was for a reason that has already been noted in other public comments, which is the inclusion of phone numbers or the ability to call the law enforcement is not dispositive of anything. Commissioner Wrobel stated the City Commission has worked on this ordinance over the past year, and stated if there is a problem with a rental to call the sheriff s office. Commissioner Palomba expressed concern with posting a sign in the front yard with the name and phone number of the designated short-term vacation rental responsible party, stating this could lead to nuisance calls or potential safety problems. Commissioner Hanna asked the City Attorney to address, for clarification, the purpose for the signs in the front yards of short-term vacation rentals. City Attorney Mora stated the reason for the sign is so the designated responsible party can be contacted and respond and resolve any issues or concerns raised by the City, law enforcement, and/or neighbors at the shortterm rental. Vice Mayor-Commissioner Hoofnagle suggested changing name to business tax receipt number in Section , Responsible Party, Subsection 1, Posted Contact Information. CONSENSUS OF THE CITY COMMISSION THAT SECTION , RESPONSIBLE PARTY, SUBSECTION 1, POSTED CONTRACT INFORMATION, SHALL BE AMENDED TO READ AS FOLLOWS: THE NAME Page 9 of 16

10 BUSINESS TAX RECEIPT NUMBER AND PHONE NUMBER OF THE DESIGNATED RESPONSIBLE PARTY, AS DEFINED IN THIS ARTICLE, SHALL BE POSTED ON THE FRONT EXTERIOR OF THE DWELLING IN A PLACE ACCESSIBLE TO THE PUBLIC. MOTION MADE BY VICE MAYOR-COMMISSIONER HOOFNAGLE, SECONDED BY COMMISSIONER PALOMBA, TO APPROVE ORDINANCE NO , ON SECOND AND FINAL READING, INCORPORATING RECITALS AS FINDINGS OF FACT; AMENDING CHAPTER 110 OF THE CITY S LAND DEVELOPMENT REGULATIONS TO ADD ARTICLE IX SHORT TERM VACATION RENTALS; ADDING SECTION ESTABLISHING APPLICABILITY; ADDING SECTION ESTABLISHING DEFINITIONS; ADDING SECTION ESTABLISHING MINIMUM REGISTRATION REQUIREMENTS FOR SHORT- TERM VACATION RENTALS; ADDING SECTION ESTABLISHING MINIMUM LIFE SAFETY REQUIREMENTS AND AN INSPECTION REGIME; ADDING SECTION ESTABLISHING THE REQUIREMENTS AND DUTIES OF DESIGNATED RESPONSIBLE PARTIES; ADDING SECTION ESTABLISHING MINIMUM REQUIREMENTS FOR RENTAL USE AGREEMENTS; ADDING SECTION CONCERNING REQUIRED POSTINGS ON SHORT-TERM VACATION RENTALS; ADDING SECTION ESTABLISHING VIOLATIONS; ADDING SECTION ESTABLISHING THE REMEDIES, PENALTIES AND ENFORCEMENT MECHANISMS FOR VIOLATIONS OF THIS ARTICLE; PROVIDING FOR CODIFICATION AND REVISION OF SCRIVENER S ERRORS; PROVIDING FOR FULL FORCE AND EFFECT OF ORDINANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ROLL CALL VOTE: WROBEL AYE HANNA AYE PALOMBA AYE HOOFNAGLE AYE KENNEDY AYE THE MOTION CARRIED UNANIMOUSLY [RECESS 8:30 P.M. 8:38: P.M.] 6C. ORDINANCE N SECOND AND FINAL READING/PUBLIC HEARING. An ordinance of the City of Indian Rocks Beach Florida, amending the Indian Rocks Beach Code of Ordinances, amending Chapter 15, Schedule of Fees, Article III, Planning/Zoning/Land Use, Section 15-20, Public hearing fees, reducing the fees associated with planned unit developments, Page 10 of 16

11 providing for codification; providing for severability; and providing for an effective date. City Attorney Mora read Ordinance No by title only. City Attorney Mora introduced Ordinance No on second and final reading. City Attorney Mora stated Section 15-20, Public hearing fees, Subsection (2) Actions by Planning and Zoning Board, has been amended as follows to encourage planned unit developments: b. Planned unit developments. 1. Initial development order $7,500 $1,500 Mayor-Commissioner Kennedy opened the public hearing. Seeing and/or hearing no one wishing to speak, Mayor-Commissioner Kennedy closed the public hearing. There were no comments and/or questions by the City Commission. MOTION MADE BY VICE MAYOR HOOFNAGLE, SECONDED BY COMMISSIONER HANNA, TO APPROVE ORDINANCE NO , ON SECOND AND FINAL READING, AMENDING THE INDIAN ROCKS BEACH CODE OF ORDINANCES, AMENDING CHAPTER 15, SCHEDULE OF FEES, ARTICLE III, PLANNING/ZONING/LAND USE, SECTION 15-20, PUBLIC HEARING FEES, REDUCING THE FEES ASSOCIATED WITH PLANNED UNIT DEVELOPMENTS, PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ROLL CALL VOTE: PALOMBA AYE WROBEL AYE HANNA AYE HOOFNAGLE AYE KENNEDY AYE THE MOTION CARRIED UNANIMOUSLY. 7A. ORDINANCE NO FIRST READING. An ordinance of the City of Indian Rocks Beach, Florida, amending Chapter 50, Solid Waste, Article II, Collection and Disposal, Division 1, Generally, Section 50-37, Garden trash, to increase the minimum charge of a special pickup; amending Division 2, Page 11 of 16

12 Containers, Section 50-63, Concealment, concerning the amount of time collection bins may be left curbside; amending Section 50-66, Accessibility, concerning the period within which collection bins may be placed and must be retrieved from curbside; amending Division 3, Fees and charges, Section 50-91, Fee schedule, to alter specified collection fees; providing for renumbering as necessary; providing for severability; providing for the repeal of ordinances or parts of ordinances in conflict herewith to the extent of such conflict, and providing for an effective date. [Beginning of staffing report] BACKGROUND: The fee schedule for the collection and disposal of solid waste of the City is addressed in the City Code Section In 2012, a solid waste rate study was completed and included a recommendation to the City Commission by Burton & Associates to reduce solid waste fees beginning in FY2013 by 13.5%. For single family residents this reduction represents a $3.94 per month decrease to the current monthly solid waste bill. Both multi-family and commercial solid waste customers were recommended by Burton & Associates to have solid waste collection fees reduced by 13.5% as well. In addition, the study concluded that no increase to solid waste fees are needed going forward until FY The goal or emphasis was to adjust rates to allow for the solid waste fund to generate adequate income to satisfy annual cost requirements and provide for minimal operating reserves of 3 months within the fund. ANALYSIS: Through operating efficiencies, the City has been able to maintain the same solid waste rates from 2013 until today. A review of the Solid Waste Fund Revenue and Expenditures was performed at the July 24, 2018 City Commission Budget Work Session, and based upon the most up to date data and economic factors available, adjustments were recommended to the current solid waste fees. Key areas include the generation of adequate annual operating income, significant increases in costs associated with curbside recycling, future capital equipment replacement costs, and the accumulation of operating reserves within the fund. The cost of curbside recycling has increased 72% or $88 thousand over the past year. The Tentative Budget for FY 2019 reflects increases in monthly residential solid waste rates of 10%. The current $25.28 per month charge for residential solid waste is recommended to increase to $ For commercial solid waste customers, rates are recommended to increase 25% in the tentative FY 2019 budget. Page 12 of 16

13 [End of staffing report] City Attorney Mora read Ordinance No by title only. City Attorney Mora introduced Ordinance No on first reading, stating the proposed ordinance makes it clear as to when bins can be placed and retrieved from the curb. City Manager Mims stated the proposed ordinance increases solid waste fees by 25% for both residential and commercial units. Mayor-Commissioner Kennedy opened the public comment session for this agenda item. Seeing and/or hearing no one wishing to speak, Mayor-Commissioner Kennedy closed the public comment session for this agenda item. There were no questions and/or comments by the City Commission. MOTION MADE BY COMMISSIONER HANNA, SECONDED BY COMMISSIONER WROBEL, TO APPROVE ORDINANCE NO , ON FIRST READING, AMENDING CHAPTER 50, SOLID WASTE, ARTICLE II, COLLECTION AND DISPOSAL, DIVISION 1, GENERALLY, SECTION 50-37, GARDEN TRASH, TO INCREASE THE MINIMUM CHARGE OF A SPECIAL PICKUP; AMENDING DIVISION 2, CONTAINERS, SECTION 50-63, CONCEALMENT, CONCERNING THE AMOUNT OF TIME COLLECTION BINS MAY BE LEFT CURBSIDE; AMENDING SECTION 50-66, ACCESSIBILITY, CONCERNING THE PERIOD WITHIN WHICH COLLECTION BINS MAY BE PLACED AND MUST BE RETRIEVED FROM CURBSIDE; AMENDING DIVISION 3, FEES AND CHARGES, SECTION 50-91, FEE SCHEDULE, TO ALTER SPECIFIED COLLECTION FEES; PROVIDING FOR RENUMBERING AS NECESSARY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT, AND PROVIDING FOR AN EFFECTIVE DATE. ROLL CALL VOTE: PALOMBA AYE HOOFNAGLE AYE WROBEL AYE HANNA AYE KENNEDY AYE THE MOTION CARRIED UNANIMOUSLY. Page 13 of 16

14 8. WORK SESSION ITEMS [DISCUSSION ONLY]: None. 9A. OTHER BUSINESS CHARTER OFFICER EVALUATIONS. Vice Mayor-Commissioner Hoofnagle stated he has noticed over the past couple of years that when the City Commission is dealing with the compensation of Charter Officers, it was handled differently for each of the three officers. For the City Attorney, the contract was negotiated by staff and then presented to the City Commission for approval. In the case of the City Manager, there was a form that was presented that had various benchmarkings of salaries. Commissioner Wrobel mentioned that he had other questions about that benchmarking in terms of the scope of responsibilities, and then in the instance of the City Clerk, there was an uncomfortable discussion that was had last week for the second time about relative pay scale. Vice Mayor-Commissioner Hoofnagle stated the City Commission knows how the budget year runs, and there is time when the City Commission should be discussing performance and compensation for the Charter Officers. Vice Mayor-Commissioner Hoofnagle stated he was hoping perhaps in that calendar time, it could be an explicit agenda item as one suggestion, and the second suggestion is that perhaps the month prior or two months prior to that, the City Commission could discuss in a public forum and appoint a member of the City Commission to serve as a liaison to compile the required information that would aid the City Commission in having a consistent evaluation of the performance and compensation for the Charter Officers. The process has not been done consistently in the past. He has looked at the employment agreements of the three Charter Officers and they are all different, so he understands why it was done differently. But perhaps, the City Commission could put a layer of process, which would streamline it, have consistency of information, and perhaps make the City Commission s discussion more succinct. Mayor-Commissioner Kennedy inquired of the City Attorney if the City Commission could appoint a liaison on behalf of the City Commission to compile all the information regarding the Charter Officers performance evaluations and is this something that has been done in the past, and inquired what are the City Attorney s thoughts on that. City Attorney Mora stated his institutional memory relative to this City is limited to the last three or four years, so he cannot speak to what has been done in the past in that regard. What he can say is that each of the Charter Officers serve at the pleasure of this body. The City Commission has the ability, as a body, and are tasked with supervising and then appointing or removing individuals from those positions based on whatever requirements set forth in City Code for Page 14 of 16

15 those position. There is nothing that bars the City Commission from filling out an evaluation or creating a systematic process for evaluating those positions that the City Commission supervises. City Attorney Mora stated Vice Mayor-Commissioner Hoofnagle s proposal is to make the performance and compensation process systematic, so that the City Commission knows on a regular interval this is the document that will be circulated, this is when it will be filled out, and this is the date it will be discussed, in advance of the budget work sessions. Vice Mayor-Commissioner Hoofnagle stated his only point is since these are evaluations of the Charter Officers, and those Charter Officers are the ones who help the City Commission get ready for the City Commission Meetings, it could get awkward. He stated the liaison City Commissioner would work with the Charter Officers to make sure all the data is consistent, so that when it is presented to the City Commission someone has gone through it to make sure all the information is there and that it is consistent for all the Charter Officers as opposed to it just arriving with no process. City Attorney Mora stated in the City Charter, the City Clerk is charged with being the custodian of all records, documents, and papers of the City, so it would stand to reason that would probably be the Charter Officer who would facilitate that process if this is in place going forward. CONSENSUS OF THE CITY COMMISSION TO APPOINT VICE MAYOR- COMMISSIONER HOOFNAGLE AS THE CITY COMMISSION S LIAISON WITH THE CITY CHARTER OFFICERS EVALUATIONS. City Manager Mims stated he feels this is a good idea, and he will be happy to work with the City Commission on this as the budget is his responsibility. City Manager Mims stated there is not a provision in the City Attorney s contract to evaluate his firm on an annual basis. City Clerk O Reilly stated in the past, the completed evaluation forms, were submitted to the City Attorney, who tabulated them, and reported the findings at a meeting when the Charter Officer performance evaluations were discussed. City Manager Mims stated since he has been here, he has always initiated the evaluation process, which is done right after the first of the year and that would tie into what Vice Mayor-Commissioner Hoofnagle is talking about. City Manager Mims stated both his and the City Clerk s employment agreements call for annual evaluations. Page 15 of 16

16 10. ADJOURNMENT. MOTION MADE BY COMMISSIONER HANNA, SECONDED BY COMMISSIONER PALOMBA, TO ADJOURN THE MEETING AT 8:53 P.M. UNANIMOUS APPROVAL BY ACCLAMATION. October 9, 2018 Date Approved Joanne Moston Kennedy, Mayor-Commissioner ATTEST: Deanne B. O Reilly, MMC, City Clerk /dor Page 16 of 16