Board of Commissioners Regular Meeting

BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Pagel of27 A regular meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on September 4, 2018 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. Mayor Black called the meeting to order. MEMBERS PRESENT: Maggi Black, Mayor Deby Weinstein, Vice-Mayor/Commissioner District 1 Nancy Hodges, Commissioner District 2 Nancy Oakley, Commissioner District 3 John Douthirt, Commissioner District 4 MEMBERS ABSENT: None. CITY STAFF PRESENT: Jonathan Evans, City Manager Andrew Dickman, Esq., AICP, Dickman Law Firm Clara V anBlargan, City Clerk 1. CALL TO ORDER Mayor Black called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Nancy Hodges gave the Invocation and led the Pledge of Allegiance. 3. ROLLCALL The City Clerk called the roll. 4. APPROVAL OF THE AGENDA A. PROCLAMATIONS B. PRESENTATIONS • Quarterly Law Enforcement Update C. DAIS LOG REVIEW In accordance with the Board ofCommissioners Policy Handbook the Dais Log Review is provided to update and explain any item that is presented on the Board of Commission Dais Log. The Dais Log is created when items are completed for presentation after the distribution ofthe packets but before the meetings. Items can only be placed on the Dais Log by City Manager approval. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page2 of27 Mayor Black asked that Agenda Item 11.A., City of Madeira Beach Patricia Shontz Day of Good Deeds, be removed from the September 4, 2018 Regular Meeting agenda and be placed on the next workshop meeting agenda. Commissioner Hodges asked that Agenda Item 6.B., Additional $35,000 to Carr, Riggs & Ingram to Complete Marina Audit, be removed from the Consent Agenda and to be placed on a workshop agenda. City Manager Jonathan Evans said if the item is not approved at the meeting he would have to stop the auditors from going ahead with the audit until authorization is provided by the Board. Commissioner Oakley suggested placing the item under New Business instead of taking it off the agenda. Commissioner Hodges said $50,000 is lot of money so it needed to be removed from the agenda and put on a workshop meeting agenda for discussion. Mayor Black said she would first like a consensus to remove Agenda Item 11.A. from the agenda and to place it on the next workshop meeting agenda and consensus was given. Mayor Black said she concurred that removing Agenda Item 6.B. from the agenda would not be proper and suggested placing the item under New Business or under Old Business. Commissioner Oakley said especially since the City Manager has deadlines he needed to meet for whatever needed to happen. Vice-Mayor Weinstein said she reviewed the letter from Carr, Riggs & Ingram and it indicated this would start the process, so she agreed to allowing the item to stay on the agenda. Commissioner Hodges said the item had not been discussed and it needed to be discussed because $50,000 is a lot of money to spend. Vice-Mayor Weinstein said she believed the item had been discussed prior to considering it. Commissioner Hodges said she did not remember that discussion. Mayor Black asked where to place the item on the agenda. Commissioner Oakley said to put it under Old Business because we already did part of it. The City Manager recommended placing the item under Old Business. Commissioner Hodges commented she was not pleased because $50,000 is a lot of money to not be discussed. Mayor Black asked if there was a consensus to moving the item to Old Business. Commissioner Oakley said yes, Vice-Mayor Weinstein said yes, Commissioner Hodges said no, Commissioner Oakley told Commissioner Douthirt to say yes, and Commissioner Douthirt said yes. The City Manager asked for a voice vote. Commissioner Oakley made a motion to approve the Agenda with the changes made by removing Agenda Item 11 .A, City of Madeira Beach Patricia Shontz Day of Good Deeds, from the agenda and placing it on the September 25, 2018 Workshop Meeting agenda, and removing Agenda Item 6.B., Additional $35,000 to Carr, Riggs & Ingram to Complete Marina Audit, from the Consent Agenda and placing it under Old Business. Vice-Mayor Weinstein seconded the motion. ROLL CALL: Commissioner Oakley "YES" BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page3 of27 Vice-Mayor Weinstein "YES" Commissioner Douthirt "YES" Commissioner Hodges ''NO" Mayor Black "YES" The motion carried 4-1. A. PROCLAMATIONS B. PRESENTATIONS • Quarterly Law Enforcement Update The presentation was given after the Public Comment part of the meeting. Deputy Shannon Roxby gave a law enforcement update for the period of January 2018 through August 2018 and responded to questions from the Commission. S. PUBLIC COMMENT Robert Preston, 425 S. Bayshore Drive, urged the Board to change their meeting times to 7:00 p.m. to allow more people to attend. John Hendrix, 569 Normandy Road, said he is a member of the Budget Review Committee and the $35,000 item just voted on had not been presented to them. He asked if the item was about the Marina and said it is nothing but a witch hunt by the Commission. 6. CONSENT AGENDA A. Approval of Minutes There were no minutes to be approved. B. Additional $35,000 to Carr, Riggs & Ingram to Complete Marina Audit - Jonathan Evar,s, City Manager Agenda Item 6.B. was moved to Old Business. 7. UNFINISHED BUSINESS A. Ordinance 2018-06, Updating the Parking Code - 2nd Reading & Public Hearing - Jonathan Evar,s, City Manager [Begin staff memo] BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page4 of27 Background The Board of Commissioners approved first reading of Ordinance 2018-06 on August 14, 2018. Advertisement requirements for a second reading and public hearing have been met. The Code of Ordinances does not currently include language authorizing the enforcement ofposted parking areas on public rights-of-way. The proposed additional language would give the policing authorities the right to ticket for illegal parking. This is critical to the provision of safe access to and from the roadways by Emergency Services, delivery vehicles, public transit, public and private maintenance activities and private vehicles, and to the safe and orderly flow of traffic. Fiscal Impact Additional signage will be required for areas the City chooses to regulate for no-parking. The ordinance does not require the designation of specific areas. Staff will perform an inventory of desired no-parking zones and will then provide a cost estimate. Recommendation Planning Commission and Staff recommendation is to adopt Ordinance 2018-06 following second reading and public hearing. [End staff memo] City Manager Jonathan Evans reviewed Agenda Item 7.A. Commissioner Hodges made a motion to adopt Ordinance 2018-06, updating the parking code, on second reading and public hearing. City Clerk Clara V anBlargan read Ordinance 2018-06 by title only. ORDINA.~CE 2018-06 Ai"l ORDL"l"Ai"l"CE OF THE CITY OF :MADEIRA BEACH, PINELLAS COUNTY, FLORIDA PROVIDING FOR AMENDMENT OF PART II - CODE OF ORDINANCES, CHAPTER 66 - TRAFFIC AND VEHICLES, ARTICLE ID. - STOPPING, STANDL~G, PARKING (3), DIVISION 1. - GENERALLY. ADDING A SECTION FOR PROHIBITED ON - STREET PARKL~G; PROVIDING FOR DEF11'1TIONS; PROVIDING SIGNAGE REQUIREMENTS AND PROVIDING FOR PENALTY AND ENFORCEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Commissioner Oakley seconded the motion. The Mayor opened to public comment. There were no comments made by the public. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Pagc5 of27 The Mayor said they all got an email from a gentleman in Madeira Beach that wanted to make some changes to the ordinance. The City Manager said on second and final reading the attorney would have to look at what the proposed amendments are. If the proposed changes modify the intent ofthe ordinance, the ordinance would have to be re-advertised for second reading and public hearing. Grammatical or minor tweaks can be made. The Mayor said she did not believe they were substantive changes and asked if the changes could be made after the fact. The City Manager suggested moving on to another item to allow the attorney time to look at what the proposed changes are, and then come back to the item to hear what the changes are and if the changes can be made without having to re-advertise. He said he was concerned about making modifications and tweaks to the ordinance because the Planning & Zoning Director was not present to address some of the concerns articulated in the email. The Mayor suggested approving the ordinance as is and Attorney Andrew Dickman clarified that the ordinance will be voted on as is, which was advertised without the amendments and the Mayor said yes. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Oakley "YES" Commissioner Hodges "YES" Commissioner Douthirt "YES'' Mayor Black "YES" The motion carried 5-0. B. Ordinance 2018-08, Reaff1.rming Existing Boundaries of Election Districts - 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk [Begin staff memo] Background The Board of Commissioners approved tirst reading of Ordinance 2018-08 on August 14, 2018. Advertisement requirements have been met for a second reading and public hearing. In accordance with City Charter, Section 3.2 (B), the Board of Commissioners is required by Ordinance every four years to either change the existing boundaries of its Election Districts if there is an imbalance of electors exceeding fifteen (15) percent in any of the four districts, or to affirm that the existing boundaries contain a balance of electors in any district. The Chart below shows that from 2007 to 2018 there has been no significant change in the number of electors in any of the four election districts, and that the City's election districts have contained a balance of electors that does not exceed a fifteen (15) percent difference in any of the four districts. Ordinance 2018-08 has been prepared to reaffirm the existing district boundaries. BOARD OF COMMISSIONERS MEETING MINL'TES REGULAR MEETING September 4, 2018 Page6 of27 Cit)' of Madcii-a Beach Elerton r~r District .. - - ---~ - -- I Ord.1114 Ord.1128 Ord. 2014-11 Ord. 2018-08 (8/14/2007) (6/10/2008) (08/14/2018, pt (10/14/2014) Readin2l COMMISSION # of I Percentage #of Percentage # of Percentage #of I Percentage DISTRICT Voters I Voters Voters I Voters 1 841 25.26% 841 25.26% 903 ! 25.07 807 24.60% ! 2 I 638 19.16% 798 23.97% 850 I 23.60 761 23.20% 3 926 I 27.82% 814 24.45% 861 I 23.90 792 24.20% I 4 I 841 25.26% 841 25.26% 988 I 27.42 915 27.90% Fiscal Impact The fiscal impact to Ordinance 2018-08 is the cost of publication for second reading and public hearing. The cost of legal advertisements is budgeted in the FY 2018 budget. Recommendation The recommendation is for the Board of Commissioners to adopt Ordinance 2018-08 following second reading and public hearing. [End staff memo] City Clerk Clara VanBlargan read Ordinance 2018-08 by title only: ORDINANCE 2018-08 A,.1'1 ORDL1'lA.i~CE OF THE CITY OF MADEIRA BEACH, FLORIDA, REAFFIRi'\11NG THE EXISTING BOlJNDARIES OF SAID ELECTION DISTRICTS WITHL~ THE CITY OF MADEIRA BEACH, FLORIDA, CONTAL1'l A BALA.i~CE OF ELECTORS THAT DOES NOT EXCEED A FIFTEEN (15) PERCENT DIFFERENCE IN A."l\'Y DISTRICT, BY PROVIDING FOR READING BY TITLE ONLY; BY PROVIDING FOR REPEAL OF ORDL1'lANCES OR PARTS OF ORDINA.~CES IN CONFLICT HEREWITH TO THE EXTENT OF SL'CH CONFLICT; AND BY PROVIDING FOR AN. EFFECTIVE DATE. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page 7 of27 The City Clerk reviewed the agenda item. Vice-Mayor Weinstein made a motion to adopt Ordinance 2018-08, reaffirming existing boundaries of Election Districts after second reading and public hearing. Commissioner Hodges seconded the motion. The Mayor opened to public comment. There were no comments made by the public. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Hodges "YES" Commissioner Oakley "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. 8. CONTRACTS/AGREEMENTS A. Corrected Agreement with John's Pass Village Association, Inc. for the John's Pass Seafood Fest Event -Jay Hatch, Recreation Director [Begin staff memoJ Background Pursuant to the direction provided by the Board of Commissioners on August 7, 2018, City staff was directed to draft a proposed agreement between the John's Pass Seafood Festival and the City of Madeira Beach to facilitate the 2018 John's Pass Seafood Festival. The premise of this item is to address the wavier of parking fees for specific City owned lots that will be utilized for the duration ofthe event. This event brings thousands of visitors and event goers to John's Pass Village and the City of Madeira Beach. On August 20th the Board voted 4-0 in approval of the contract. The contract voted on at the time listed the incorrect organization (John's Pass Seafood Festival) and has been amended to provide for the correct and consistent organization (John's Pass Village Association) across all ofthe event documentation. The contract was mutually negotiated by the City and John's Pass Seafood Festival, drafted by staff, and approved by the City Attorney. Notable provisions include cross-promotional branding leading up to and during the event. Rights for use of any and all marketing collateral created as a result of the event can be utilized in marketing and promoting the City and its amenities. The City will agree to waive parking fees within specified lots for the duration of the event. Costs that exist outside of parking, such as sanitation, road closure fees, fire rescue, and law enforcement will not be waived. The special event application has been received (no less than 60 days prior to event). The organization must BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page 8 of27 comply with the event addendum provided by the City and provide an event pro forma within 60 days following conclusion of the event. Failure to comply will result in all waived fees being remitted back to the City. Fiscal Impact The FY 2018 Adopted Budget does not include the fees being considered to be waived as part of the City's projected/anticipated revenue. The fiscal impact should result in a net neutral position for the City, with John's Pass Seafood Festival reimbursing the City for any and all hard costs related to the event. Recommendation Staff recommends approval of the agreement between the City of Madeira Beach and John's Pass Seafood Festival. [End staff memo] Jay Hatch, Recreation Director apologized for bringing the item back to the Board. The contract now reflects the correct association. He noted two more changes needing to be made to the agreement. Upon approval the amount of the waived parking of $31,883 will be added to Item 2 of the contract and in Item 5, language will be added to say that the City waives any fees to the sum of $31,883 for the use of the City's parking lot. The City Manager said the language will also be changed to require that the Proforma will be delivered to the Finance Director of the City of Madeira Beach. The City Manager and Director Hatch responded to questions and concerns from the Board. The City Manager said with the use of the tent area, he has a question that is working its way through Duke Energy with respect to metering the usage of the electric. The Florida Public Service Commission is the entity that regulates the charging of utilities, so we do not want to find ourselves in violation of charging for usage of electrical. He will report the response from Duke Energy on what we can do to the Board. John Hendrix, 569 Normandy Road, said the City needed to supply the electricity and not allow vendors to have a generator behind their tent because of carbon dioxide. Commissioner Oakley made a motion to approve the agreement between the City of Madeira Beach and John's Pass Seafood Festival with the revisions indicated by staff. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Oakley "YES" Commissioner Hodges "YES" Commissioner Douthirt ''YES" BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 20 I 8 Page 9 of27 Vi~Mayor Weinstein "NO" Mayor Black "YES" The motion carried 4-1. 9. OLD BUSINESS A. Additional $35,000 to Carr, Riggs & Ingram to Complete Marina Audit [Begin staffmemo] Background Information With direction from the City Commission, the City entered into an engagement with the CPA firm of Carr, Riggs & Ingram, LLC to detennine the effectiveness of the City's internal controls for the Madeira Beach Marina and provide recommendations. An initial fee of $15,000 was required per the engagement Letter dated June 25, 2018. In order to effectively complete the work delineated in their engagement Letter, an additional $35,000 is required. Please see the attached Letter from Partner Glenn Gillyard dated August 28, 2018. This would bring the total cost to $50,000. Fiscal Impact The $50,000 will be absorbed from the Marina Fund budgetary savings anticipated/projected for FY 2018. Recommendation Staff recommends that the City Commission approve the additional funds in the amount of $35,000 in order to complete this audit. [End staff memo] City Manager Jonathan Evans said pursuant to conversations with the Board at previous workshops and during a couple of the budget sessions, staff went ahead with engaging with Carr, Riggs & Ingram to complete an audit on marina operations. To date, staff has spent $15, 000 to continue with the analysis. To complete the analysis and look at all the internal controls and some of the operations to provide some recommendations for improvements it will cost an additional $35,000 to complete the study to bring a total cost of $50,000. Staff recommended approval. If the Board chooses to cease the audit the findings will be wrapped up and presented to the Board, and a report will be issued to the City. The annual audit that is conducted as required by Statute, the auditor in conversations with the Finance Director recommended that the marina operations be looked at because of the nature of that type of operation. This is really a follow up on a conversation he had with staff internally to move forward and the Board has mentioned it in previous conversations. Commissioner Hodges asked what is so wrong at the Marina that it will cost $50,000 to do. The City Manager explained that currently they are looking at some of the cash handling policies, best BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEEfING September 4, 2018 Page 10 of27 management practices, security, accounting measures, and financial systems. As far as specifics, he does not have the information available to him to communicate that. Recommendations will be provided, and some of which will be measures needing taken over the next couple of years because of the costs associated with that, and things that must be modified immediately. One thing that has been communicated is improving the security on the site. Finance Director Walt Pierce explained that when the City's auditor, John Houser, did the audit he ran some tests that he had concerns about. Mr. Houser talked to him about it, and there was a time element involved that exceeded his scope. Director Pierce said he communicated that to the acting City Manager at that time and then to Mr. Evans when he came on board. Commissioner Hodges said with a good audit, the auditor would see the problem upfront. She does not understand paying $50,000 for something like that. Director Pierce said it is a forensic audit and a forensic auditor go much deeper, go into much more detail, and spend much more time than what the City auditor would do. The City Manager explained that they are not just looking at the monetary aspects of it, they are looking to see if we have an ordinance in place that we are complying with. Until the audit analysis is completed he would not know how much revenue would be generated because of it. One reason requesting to go forward is that they have not looked at the fuel operation and the process associated with how we buy fuel, how fuel is consumed, etc. and that is a major cost center of over a million dollars to the City, so they thought it was prudent to definitely have some type of analysis and report done on that. Vice-Mayor Weinstein said when the discussion first came up she felt that the $15,000 would not do it, which was a very conservative approach to it. It is money well spent and they should go forward with it. Mayor Black opened to public comment. Tom Edwards, protected address, said the City is looking to expand the Marina in the future. It is helpful that the auditor is drilling do\\-n and letting the City know where it might have problems and it is a good procedure to have the forensic audit. Roger Pryor, 223 144th Avenue, said he would like to know exactly what is being audited at the Marina because there are so many different things there that can be audited. Robert Preston, 425 S. Bayshore Drive, asked if there were red flags thrown out showing there are issues, and if not, why are we having the audit? Will the audit show a better way of operating the Marina, a different way that would be more effective, or a punitive audit? A lot of people might be looking at this as a punitive audit to the people that work at the Marina. He would like to hear from Mr. Pierce of what those red flags were and that should be public knowledge. Rees Noran, 363 Medallion Blvd., said the audit has the odor ofretribution because the party who runs the Marina is involved in a legal matter with one of the directors. We could not afford $25,000 to the Water Taxi, which is a shame, but we can put $50,000 toward an audit with no guarantee of a savings, etc. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page 11 of27 John Hendrix, 569 Normandy Road, said he is on the Budget Committee and they just got done reviewing the budget and this was not discussed. This is the first he has heard of it, he has heard about security cameras for the Marina, but not this and it is not shown in the budget. It is true that someone at the Marina has something going on with one of the Commissioners although he is not sure that is why, but he would like to know why the $35,000 did not show in the budget. Lauree Tyner, 4996 Miramar Drive, asked the red flags that started the audit. There are a lot of departments in the City and the Marina deals with all the departments so if the City is doing this, it will cost a lot more money to do it properly. Mayor Black closed to public comment. The City Manager explained that the audit is being paid for with the FY 2018 budget monies, not with the FY 2019 budget monies, and that is why those conversations did not take place with the budget committee. Once the audit is completed, an analysis provided and there are :findings, that docwnent becomes a public record for public consumption. Regarding the conversations the Finance Director had with the acting manager and the auditor, they believed there should be an additional audit or an analysis done on some of the processes occurring at the marina operations. To effectively do that, an audit firm was engaged. In conversations the auditors had with staff, it will require additional monies to complete it and to provide a comprehensive analysis. The analysis will show areas being done exceptional, areas needing improvement or areas where there have been miscalculations, errors, or things the audit firm may have missed. It is not that a punitive approach is being taken, it is an approach that it is an enterprise fund and it is to be ran as a business. Every business goes through some type of process and if time allowed for it, the auditor would have done some additional pressure testing on the marina operation and unfortunately because of what was occurring in the operation at that time, he communicated to the Finance Director that it is something that should be looked at. It would be beneficial to wait until the analysis is done before drawing any conclusions or coming to any assumptions. Ifdecided to stop midway and then restarting it will cost more. Other cost centers and other revenue generating line items in the future need to be budgeted for accordingly to make sure we are good stewards with all the resources that is available at our disposal. Commissioner Douthirt said it is the Board's :fiduciary responsibility to look after the assets and monies of the City. He has not found anything showing that the City every had an audit. Any business or operation should be audited. They are trying to look after the residents, the stake holders of the City. The audit should be done every two years and the first time might cost more. All departments that touch cash should be audited. This is not to say anyone is dishonest, but the temptation is there. If the Board is not willing to look after the assets of the City, then they should not be sitting there. Commissioner Douthirt asked how large the budget is and Director Pierce said $18 million. Commissioner Douthirt said if it is $18 million then $50,000 is a drop in the bucket when talking about this. If they find nothing wrong, God bless them. Each department needs to be audited and if something wrong is found, it needs to be corrected in a manner that there are no questions in the BOARD OF COMMISSIONERS MEETI~G MINUTES REGULAR MEETING September 4, 2018 Page 12 of27 future. This needs to be done and it should have been done long ago. When the three new Commissioners came on board it was brought up and again and pushed aside. He is glad it is being done because they have a judiciary responsibility to the stake holders of the City to look after their money, and if not, they are not doing their job. Following discussion, Mayor Black asked for a motion. Commissioner Douthirt made a motion to approve the additional $35,000 for Carr, Riggs & Ingram to complete the marina audit. Vice-Mayor Weinstein seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Vice-Mayor Weinstein "YES" Commissioner Hodges "NO" Commissioner Oakley "YES" Mayor Black "YES" The motion carried 4-1. 10. NEW BUSINESS A. Ordinance 2018-10, Establishing the Millage Rate for Fiscal Year 2019 - lst Reading & Public Hearing - Walt Pierce, Finance Director [Begin staff memo] Background Wormation Florida Statute 200.065 requires the adoption of the Millage Rate by separate vote and prior to the adoption of the budget. Further, this same statute requires that the name of the taxing authority, the rolled-back Millage Rate which for fiscal year 2019 is 2.0514 per $1,000, the percentage increase over the rolled-back Millage Rate, and the Millage Rate to be levied be publicly announced prior to adoption of the millage-levy ordinance. Fiscal Impact The Millage Rate to be levied for fiscal year 2019 shall be 2.2000 mills per $1,000. Recommendation Staff recommends approval of Ordinance 2018-10 on the First Reading and scheduling of second and final public hearing on September 18, 2018. [End staff memo] City Clerk Clara VanBlargan read Ordinance 2018-10 in its entirety: BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page 13 of27 ORDINANCE 2018-10 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, ESTABLISHING fflE MILLAGE RATE FOR FISCAL YEAR 2019; PROVIDING AND ANNOUNCING THE NAME OF THE TAXING AUTHORITY, THE ROLLED-BACK MILLAGE RATE, THE PERCENTAGE INCREASE OVER THE ROLLED-BACK MILLAGE RATE, AND THE MILLAGE RATE TO BE LEVIED; PROVIDING FOR READING IN ITS ENTIRETY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes s. 200.065 requires the adoption of the millage rate by separate vote and prior to the adoption of the budget; and WHEREAS, Florida Statutes s. 200.065 requires that prior to adoption of the millage-levy ordinance, the following be publicly announced: the name of the taxing authority, the rolled-back millage rate, the percentage increase over the rolled-back millage rate, and the millage rate to be levied; and WHEREAS, in no event may the millage rate adopted exceed the millage rate tentatively adopted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA: Section 1. The name of the taxing authority is the City of Madeira Beach. Section 2. The rolled-back millage rate for fiscal year 2019 is 2.0514 per $1,000. Section 3. The fiscal year 2019 proposed millage rate is 7.24% higher than the rolled-back rate. Section 4. The millage rate to be levied for fiscal year 2019 shall be 2.2000 per $1,000. Section 5. This ordinance shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED by the Board of Commissioners of the City of Madeira Beach, THIS ___ day of _ _ _ __ _~ 2018. Finance Director Walt Pierce reviewed Agenda Item 1O.A. Mayor Black opened to public comment. BOARD OF COMMISSIONERS MEETIXG MINUTES REGVLAR MEETING September 4, 2018 Page 14 of27 Robert Preston, 425 S. Bayshore Drive, said parking rates have been increased and there is no need to increase the millage rate. The Finance Director said the millage rate is not being increased. The City Manager explained it is the same millage rate but if the value of the asset goes up the taxes increase and that is not the same. The City will generate about S 180,000 in additional revenue. Vice-Mayor made a motion to approve Ordinance 2018-10, establishing the millage rate for FY 2019, on first reading and public hearing. Commissioner Hodges seconded the motion. ROLL CALL: Vie<>-Mayor Weinstein "YES" Commissioner Oakley "YES" Commissioner Hodges "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. B. Ordinance 2018-11, Adopting the Budget for Fiscal Year Beginning October 1, 2018 and Ending September 30, 2019 - pt Reading & Public Hearing - Walt Pierce, Finance Director [Begin staff memo] Background Information Each year the Board of Commissioners is presented with three versions of the upcoming Fiscal Year's Budget; a Proposed version, a Tentative version, and an Adopted version. This is a best practice process followed by municipal Finance Departments across the cowitry that allows for staff and the Board to fully review and make changes to the document. The Proposed FY 2019 Budget was presented to the Board during the week of August 20, 2018. Since that time staff, the Budget Review Committee and the Board have had a chance to review the document and suggest changes to the Tentative version. In addition to minor grammatical and pwictuation edits, the Ad Valorem amowit was adjusted from $2,635,200 to $2,631,800, a decrease of$3,400 to the general fund revenue. This is due to a change in the property valuations between the May 31 st estimated notice and the July pt preliminary notice (from 1,260,840,536 to 1,259,207,650). This was the only budget amowit changed since the FY 2019 Proposed Budget. For your information, attached are the millage and budget ordinances to be considered at the September 4th Public Hearing. Fiscal Impact All funds are balanced, and the Total FY 2019 Budget is $18,229,000. Recommendation Staff recommends approval of Ordinance 2018-11 adopting the Budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019. BOARD OF COMMISSIONERS MEETlNG MINUTES REGULAR MEETING September 4, 2018 Page 15 of27 [End staff memo] City Clerk Clara VanBlargan read the title and the "whereas" sections of Ordinance 2018-11 and Finance Director Walt Pierce read the budget summary part of the Ordinance. ORDINANCE 2018-11 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019; PROVIDING FOR READING IN ITS ENTIRETY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes s. 166.241 requires the adoption of a budget each fiscal year; and WHEREAS, the amount available from taxation and other sources, including balances brought forward from prior years, must equal the total appropriations for expenditures and reserves; and WHEREAS, at a minimum, the adopted budget must show for each fund, as required by law and sound financial practices, budgeted revenues and expenditures by organizational unit which are at least at the level ofdetail required for the annual financial report required under s. 218.32{1); and WHEREAS, the adopted budget must regulate expenditures of the municipality, and an officer of a municipal government may not expend or contract for expenditures in any fiscal year except as pursuant to the adopted budget; and WHEREAS, the City of Madeira Beach Tentative Fiscal Year 2019 Budget is balanced; is presented at the level of detail required to file the annual financial report; and shall regulate expenditures of the City for the period beginning October 1, 2018 and ending September 30, 2019; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA: Section 1. The fiscal year 2019 budget shall be governed by the following funding sources and uses: FUNDING SOURCES: GOVERNMENTAL AND PROPRIETARY FUNDS GOVERNMENTAL FUNDS: General Fund BOARD OF COMMISSIONERS MEETING MINl..:"TES REGULAR MEETING September 4, 2018 Page 16 of27 Ad valorem tax (millage rate 2.2000) $2,631,800 Charges for service 307,000 Contributions from enterprise operations 96,400 Culture and recreation 382,000 Fines and forfeitures 25,000 Franchise fees 494,800 Intergovernmental 1,446,900 Investment earnings 45,000 Licenses and permits 152,900 Miscellaneous 178,700 Parking enforcement 1,708,600 Shared revenue from other local units 659,900 State grants and reimbursements 500,000 Utility service taxes 753,000 Non-operating sources: Inter-fund transfers (Archibald & Building Funds) 281,200 BP Lawsuit settlement (committed fund balance) 271,600 Total funding sources $9,934,800 Local Option Sales Tax Fund Investment earnings $8,000 Local option taxes 451,200 Total funding sources $459,200 Archibald Fund Investment earnings $1,000 Parking enforcement 343,300 Rents and royalties 72,000 Restricted fund balance 61,600 Total funding sources $477,900 Building Fund Charges for service $706,500 Investment earnings 1,500 Total funding sources $708,000 Gas Tax Fund Intergovernmental $49,900 Local option taxes 63,600 Total funding sources $113,500 BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page 17 of27 Debt Service Fund Inter-fund transfer (debt service) $1,038,700 Inter-fund transfer (fund balance) 279,500 Total funding sources $1,318,200 PROPRIETARY FUNDS: Sanitation Fund Charges for service $1,365,000 Investment earnings 5,000 Unrestricted fund balance 200 Total funding sources Sl,370,200 Stormwater Fund Charges for service $690,000 Investment earnings 51,500 State grants and reimbursements 500,000 Unrestricted fund balance 156,100 Total funding sources Sl.397.600 Marina Fund Charges for service $2,447,700 Investment earnings 1,900 Total funding sources $2,449.600 TOTAL FUNDING SOURCES: GOVERNMENTAL AND PROPRIETARY FUNDS $18.229.000 FUNDING USES: GOVERNMENTAL AND PROPRIETARY FUNDS GOVERNMENTAL FUNDS: General Fund Operating uses: City Manager's Office $569,900 Legal Services 149,000 Community Development 422,200 Finance 466,800 City Clerk 285,800 City Commission 66,000 Non-Departmental 596,900 Public Works 335,100 Fire/EMS 1,636,800 BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETI~G September 4, 2018 Page 18 of27 Law Enforcement 1,276,600 Parks 111,200 Recreation 903,000 Parking Enforcement 319,500 John's Pass Village 162,300 Non-operating uses: Capital improvements and vehicle replacements $696,600 Debt Service Fund committed balance 279,500 FEMA flood mitigation program 500,000 General Fund committed balance 279,400 Inter-fund transfer (debt service expenditures) 839,800 Unassigned balance 38,400 Total funding uses $9,934.800 Local Option Sales Tax Fund Capital outlay $260,000 Inter-fund transfer (debt service expenditures) 198,900 Restricted balance 300 Total funding uses $459,200 Archibald Fund Operations 191,100 Capital outlay 95,000 Inter-fund transfer (general fund expenditures) 191,800 Total funding uses $477,900 Building Fund Personnel $322,500 Operations 105,200 Inter-fund transfer (general fund expenditures) 89,400 Restricted balance 190,900 Total funding uses $708,000 Gas Tax Fund Operations $89,500 Restricted balance 24,000 Total funding uses $113,500 Debt Service Fund Debt service $1,038,700 Committed balance 279,500 Total funding uses $1,318.200 BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page 19 of27 PROPRIETARY FUNDS: Sanitation Fund Personnel $477,600 Operations 780,600 Capital outlay 112,000 Total funding uses $1.370.200 Stormwater Fund Personnel $267,600 Operations 135,300 Capital outlay 495,000 Debt service 499,400 Restricted balance 300 Total funding uses $1,397.600 Marina Fund Personnel $240,700 Operations 2,055,300 Debt service 96,400 Restricted balance 57,200 Total funding uses $2,449.600 TOTAL FUNDING USES: GOVERNMENTAL AND PROPRIETARY FUNDS 518.229.000 Section 2. Total funding sources and uses include fund balance reclassifications, which are appropriated for governance purposes but ~ e n t neither revenues nor expenditures. Section 3. Total funding sources and uses include inter-fund transfers, which are appropriated for governance purposes but represent neither revenues of the Debt Service Fund nor expenditures of the General Fund. Section 4. Total funding sources and uses will be amended as of October 1, 2018 to include encumbered balances legally reserved as of September 30, 2018 (i.e., balances not otherwise limited per Section 10.6 of the City Charter). Section 5. This ordinance shall become effective immediately upon its adoption. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page20of27 INTRODUCED A~TI ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, THIS _ _ DAY OF - - - - - - - ~ 2018. Director Pierce reviewed Agenda Item 1O.B. Mayor Black opened to public comment. There were no comments made by the public. Commissioner Oakley said she still does not like the $200,000 being taken out of Archibald to fund the three people. It has to be worked out somehow and what those three people actually do. Director Pierce said they will work on that. Commissioner Oakley said the Recreation budget is $903,000 this year with only expected revenues of $382,000. She would like to start looking inside of it and analyze at least one of the programs to see what is going on. The City Manager explained he will get with the Recreation Director on that and bring something to the Board at the first workshop in October. Commissioner Oakley said she would like to know the breakeven point with the summer camp. It will never pay for itself and she would like to know what is causing it. The Board thanked the Budget Committee for their effort and hard work. Commissioner Douthirt asked the Finance Director not to spend money on redoing the budget book when making a change and suggested just replacing only the pages that need to be changed. He asked for a summary page to be given to the Board on what the departments have spent such as on cellphones, so he does not have to go through the entire budget to find that out. It should be simple. Commissioner Douthirt made a motion to approve Ordinance 2018-11, adopting the Budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019 after first reading and public hearing. Commissioner Oakley seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Oakley "YES" Commissioner Hodges "YES" Vice-Mayor Weinstein "YES" Mayor Black "YES" The motion carried 5-0. C. Resolution 2018-14, Archibald Parking Revenue(s) Allocation of Additional $0.SO - Walt Pierce, Finance Director [Begin staff memo] BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page 21 of27 Background At the June 4· 2018 meeting of the Board of Commissioners, the Board approved the allocation of the additional $0.50 being proposed as part of Ordinance 2018-03. As stated in Resolution 2018- 05, approximately 50% ($0.25} would be allocated and earmarked exclusively to paying down some of the City's long-term debt obligations. Furthermore, 50% ($0.25) would be allocated to investments in infrastructure, as well as to addressing the City's deferred maintenance. Due to this decision by the Board, a restricted cash reserve account was established within the general fund to track and monitor these funds. The purpose of Resolution 2018-14 is to address the parking revenue collected for the Archibald Fund and to determine how best to utilize these funds. Because there is a Deed Restrictions associated with the Archibald Fund, it is recommended that these funds collected be strictly for uses as stated within this deed. Fiscal Impact It is estimated that $66,100 will be generated annually from the additional $.50 parking revenue to be collected. A separate restricted cash reserve account for Archibald will be established to track and monitor these funds. Recommendation It is recommended that Resolution 2018-14 be approved. [End staff memo] City Clerk Clara V anBlargan read Resolution 2018-14 by title only: RESOLUTION 2018-14 A RESOLUTION OF THE BOARD OF COMMISSIONERS FOR THE CITY OF MADEIRA BEACH, PINELLAS COUNTY, FLORIDA, ESTABLISHING FOR THE ARCIDBALD FUND, THE PERCENTAGE ALLOCATION FOR THE ADDITIONAL REVENUES ASSOCIATED WITH 2018 PARKING FEE INCREASE AS PROPOSED IN ORDINANCE 2018-03; AND PROVIDING FOR AN EFFECTIVE DATE. Walter Pierce, Finance Director reviewed Agenda Item 10.C. The City Manager and Director Pierce answered the questions and concerns from the Board. Vice-Mayor Weinstein made a motion to approve Resolution 2018-14, Archibald Parking Revenue(s) Allocation of Additional $0.50. Commissioner Oakley seconded the motion. BOARD OF COMMISSIONERS MEETING MINL'TES REGULAR MEETING September 4, 2018 Page 22 of27 ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Oakley "YES" Commissioner Hodges ''YES" Commissioner Douthirt ''YES" Mayor Black "YES" The motion carried 5-0. D. Redevelopment Plan - Residential - Luis Serna, Calvin, Giordano & Associates, Inc. [Begin staff memo] Background This petition is for the demolition of a single family, single story home at 13525 1st Street E, on an existing, legal, non-conforming lot and replacement with a single family, code compliant single- family structure in the same footprint. Section 110-97 - Redevelopment Planning Process, provides for the rebuilding of a home within the same footprint ifthe home complies with all other existing regulatory codes and provisions. The lot at approximately 3,790 square feet is slightly smaller in area than the 4,000 square feet currently required for the R-2 district and is irregularly shaped, but is a legal platted lot created by the City of Madeira Beach in 1992 (Pinellas County, Plat 108/50), and made non-conforming by subsequent code amendments. The structure being proposed is to be constructed within the existing footprint but be slightly smaller, be built to FEMA standards and built 5-feet away from the eastern property line from which it currently sets back just over I-foot. The non-conformity of the structure will thus be reduced in regard to setbacks and eliminated as regards to the Floodplain Management Code. The required secondary external access to the home will be by way of a staircase leading down to a concrete pad in the same location as the current home's rear concrete landing. On August 13, 2018, the Planning Commission conducted a public hearing in review ofthis request in accordance with Section 110-97(c). Staff and the petitioner's representative made a presentation. No opposing public input was offered. The Planning Commission voted unanimously to recommend approval of the request. Fiscal Impact None Recommendation Planning Commission and Staff recommend the board approve RDV2018-01 based on the application meeting the intent and criteria for redevelopment. [End staff memo] BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page 23 of27 Luis Serna, Calvin, Giordano & Associates, Inc. reviewed Agenda Item 10.D. and Jodi Beck, the architect of the project made comment. Commissioner Hodges made a motion to approve RDV2018-0l based on the application meeting the intent and criteria for redevelopment. Vice-Mayor Weinstein seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice-Mayor Weinstein "YES" Commissioner Oakley "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. 11. STAFF REPORTS A. City of Madeira Beach Patricia Shontz Day of Good Deeds - Jonathan Evans, City Manager Agenda Item 11.A. was moved to the September 25, 2018 Workshop Meeting agenda. B. City Manager's Evaluation Matrix Evaluation Form - Jonathan Evans, City Manager [Begin staffmemo] Background Pursuant to the direction provided by the Board of Commissioners at the August 28, 2018 workshop, staff has provided two (2) evaluation forms that have been designed by members of the Florida City/County Management Association (FCCMA). These evaluation forms are intended to assist elected officials and professional administrators in providing a thorough and comprehensive evaluation tool to rate/judge the performance of the City Manager. The two forms offered are a top-level dimension evaluation form, and a narrative evaluation form. The evaluations are rated on a Likert scale from 1 (unsatisfactory) to 5 (excellent); topics are broken into sections applicable to city operations. The categories are as follows: professional skills and expertise, council/commission relations, citizen and public relations, policy execution, intergovernmental relations, staff and management, fiscal management, planning and organizational development, leadership and decision-making, and lastly, individual characteristics. Based on scores in each of these individual sections, a total score is derived. This score is then divided by the total number of points available in each section to compute an average, thus ranking the city manager's performance. Fiscal Impact NIA BOARD OF CO~MISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page24of27 Recommendation Based on which form the Board of Commissioners selects, the Human Resources Coordinator will administer the evaluation process, and all completed forms will be submitted to Human Resources a minimum of 30 days prior to the March election. The evaluation forms will be included as part of an agenda packet in the appropriate month and will be scheduled for discussion at a regular meeting of the Board of Commissioners. [End staff memo] City Manager Jonathan Evans reported on Agenda Item 11.B. Commissioner Douthirt asked when the evaluations will be conducted. The City Manager explained that the Board chose to do it 30 days before an election, which is in February. Following discussion, the Board chose the second evaluation form, Attachment SB. Mayor Black opened to public comment. There were no public comments made. Commissioner Oakley made a motion 'to approve Attachment SB for the City Manager's Evaluation Matrix Evaluation Form. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Oakley "YES" Commissioner Hodges "YES" Commissioner Douthirt "YES" Vice-Mayor Weinstein "YES" Mayor Black "YES" The motion carried 5-0. C. Madeira Way Road Closure for Special Events - Jonathan Evans, City Manager [Begin staff memo] Background The City of Madeira Beach has historically allowed for the closure of Madeira Way. However, based on public safety concerns and roadway conditions that do not provide for the most conducive flow of pedestrian traffic, staff, in collaboration with the Florida Department of Transportation and the Pinellas County Sheriffs Office, concurred that the most appropriate course of action will be not to permit nor allow for the closure of Madeira Way. The FarmersNendors Market has assisted local businesses in selling their products and goods to the public, as the market draws individuals and families into the downtown core. However, with the impending construction of elements of the Town Center Project, staff anticipates that additional traffic issues will result as part of the BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4, 2018 Page 25 of27 construction phase. In order to mitigate against loss and exposure in revenue, staff has proffered options that would allow the market to relocate. However, those particular options were not embraced by those to whom staff spoke to concerning that idea. Staff is still amenable to finding alternative solutions to hosting the Farmers Market that do not compromise the health, safety and welfare of the public. Based on conversations with stakeholders both inside and outside of the organization, staff believe it is always appropriate to keep this roadway open as it serves as a vital piece of the roadway network within the city. Fiscal Impact NIA Recommendation It is the Staff's recommendation that Madeira Way remain open, and that staff work with local area merchants to look at alternative locations or sites to host a FarmersNendors Market. [End staff memo] City Manager Jonathan Evans reported on Agenda Item 11 .C. Recreation Director Jay Hatch told the history of closing the road for events. They've received mixed reviews for closing the roads. Mayor Black opened to public comment. Nicollete Schouten, 10536 65th Avenue in Seminole and owner of Nicolette's Fashions in Madeira Beach, thanked the City Clerk for reading her email at the last meeting. She has been in business there for 40 years and the market on Wednesdays increased her revenues by 400/o. Ms. Schouten said there is a merchant's association meeting tomorrow to set up for a Halloween event. The City Manager said if it is okay with the merchants he would like to attend that meeting and report back to the Board at a regular meeting some of the comments and perspectives that the business community has. Commissioner Douthirt commented how it is the job of the Public Information Specialist to get the word out to promote the community. Rees Noran, 363 Medallion Blvd., commented how events on Madeira Way are popular and very helpful to the businesses and agreed with Commissioner Douthirt that using the public relations person to advertise on behalf of the merchants and businesses in general is a good idea because things are not being communicated well. Robert Preston, 425 S. Bayshore Drive, commented that it would be awesome to have an electronic message board at each entrance of the City to advertise what is currently going on in the City. D. July FY 2018 Financial Report & Quarterly Investment Report- Walt Pierce, Finance Director BOARD OF COMMISSIONERS MEETING Ml!\1l,ES REGULAR MEETING September 4,2018 Page 26 of27 [Begin staff memo] Background Information According to the City's Investment Policy, an Investment Report is required to be presented to the Board of Commissioners on a quarterly basis. Attached, is the Quarterly Investment Report for 3rd Quarter of FY 2018 ending on June 30, 2018. Also attached, is the June FY 2018 Financial Report. According to the Quarterly Investment Report, the City's current holdings are approximately $18,880,738 which represents a decrease from the previous quarter by $87,867. The same type of decline in value can be seen in the City's Investment account with Hancock Bank, decreasing from $7,772,355 at the end of March to $7,672,208 at the end of June 2018. In July, four Certificates of Deposit ("CD's") totaling $1,293,000 were setup at Seaside Bank. These CD's coincide with annual payments due for the refinanced Series 2014 debt. Specific details regarding these CD's "'ill be outlined in the next quarterly report for September. Fiscal Impact Informational Only Recommendation Staff recommends that the City Commission approve the Quarterly Investment Report for the 3rd quarter of FY 2018 ending on June 30th and approve June FY 2018 Financial Report. [End staff memo] Finance Director Walt Pierce reported on Agenda Item 11.D. 12. REPORTS/CORRESPONDENCE • City Commission Mayor Black read an email from a student who lives in Madeira Beach, Jarrad Hampton, regarding keeping the community close and the streets safe in Madeira Beach, and how the youth in Pinellas County had mobilized and created a non-profit organization called, "We the Students" to make a difference in the community and to work together to find a common solution among all types of people despite political beliefs. Vice-Mayor Weinstein invited everyone to attend a neighborhood meeting in John's Pass Village on Thursday, September 6th at 6:00 p.m. at the Rusty Anchor Restaurant. She asked the Attorney if she could attend the meeting and he told her if she should attend the meeting to only listen and do not interact, comment, or answer any questions because things discussed at the meeting could foreseeably come before the Commission for a vote. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING September 4. 2018 Page 27 of27 Commissioner Oakley asked when the survey for John's Pass would be completed. The City Manager said they are out there and he will send an email to the Board regarding the status of that. Commissioner Oakley asked the status of the next phase of undergrounding utilities. The City Manager said he will get an update and provide it to the Board. • City Attorney • City Manager The City Manager invited everyone to attend the 9-11 Memorial Ceremony at 8:45 a.m. on Tuesday, September 11 th at the 9-11 Memorial site. T-shirts will be available for sale there. • City Clerk 13. ADJOURNMENT Vice-Mayor Weinstein adjourned the meeting at 8:39 p.m. ATTEST: I