Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING July 9, 2019 A regular meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on July 9, 20 19 in the Patricia Shontz Commission C hambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: Maggie Black, Mayor Deby Weinstein, Commissioner District 1 Nancy Hodges, Vice-Mayor/Commissioner District 2 Doug Andrews, Comm issioner, District 3 John Douthirt, Commissioner District 4 MEMBERS ABSENT: CITY STAFF PRESENT: Jonathan Evans, City Manager Clara VanBlargan, City Clerk Andrea Gamble, Deputy Clerk Ralf Brookes, City Attorney 1. CALL TO ORDER Mayor Black called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE City Manager Jonathan Evans gave the Invocation and led the Pledge of A llegiance. 3. ROLL CALL City Clerk Clara VanBlargan called the roll. 4. APPROVAL OF THE AGENDA Commissioner Andrews asked to move Item l0B, Babe Ruth World Series Donation, to immediately follow Proclamations, so the children attending would not have to wait so long. City Manager Jonathan Evans asked to move Item 9A, Resolution 2019-11, $15,063,000 City of Madeira Beach, Florida Capital Improvement Revenue Bond, Series 2019, to Presentations, Section 4.2, so attending guests for that presentation would not have to wait so long. July 9, 20 19, BOC Regular Meeting Page 1 of21  Mayor Black pointed out that a third proclamation was added to the agenda in recognition of Mr. Evans. Commissioner Andrews motioned to approve the agenda with the changes. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Commissioner Weinstein "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The Motion carried 5-0. 4.1. PROCLAMATIONS A. Parks and Recreation Month: July 2019 Mayor Black read a Proclamation proclaiming July 2019 as "Parks and Recreation Month." B. USF Fellowship Program Mayor Black read a Proclamation proclaiming June 13, 2019 as "USFSP YMCA Youth in Government Civic Fellows Day." C. Jonathan Evans Proclamation Mayor Black read the Proclamation recognizing Jonathan Evans for serving as City Manager for the City of Madeira Beach and proclaimed July 9, 2019 as Jonathan Evans Day. 4.2. PRESENTATIONS 10.B. Babe Ruth World Series Donation -Jay Hatch, Recreation Director This item was moved up from 10. B. on the agenda. Recreation Director Jay Hatch commented that on July 2fh Madeira Beach Youth Baseball and Softball will be sending their 1OU and 12U teams to the Babe Ruth World Series Tournament. In these brackets Madeira Beach will be one of 24 teams from across the country representing their city. He mentioned that Commissioner Andrews had emailed Mr. Evans about a potential donation for this cause through the City. July 9, 2019, BOC Regular Meeting Page 2 of21  Commissioner Andrews talked about Madeira Beach being one of few cities that are financially involved in youth little league. He mentioned that initially it was not a huge revenue to the City, but it has grown to over 300 participating children, which is a credit to everyone involved. It is now running as a profit center for the City. He stated that being able to send two teams from Madeira Beach to this event is an amazing accomplishment that he would like the Board to support it. City Manager Jonathan Evans commented that this is not an event that takes place every year. This is a rare and unusual circumstance and the now Board has an opportunity to encourage, support and sponsor these children by helping to offset some of the costs. Darren McClellan, President of Madeira Beach Baseball/Softball Boosters Club, commented about the City's Little League and said it was the third oldest in the state, running now for 53 years. Upon switching to Babe Ruth, there had been growth, success, and titles and that the group is known as the premier team in the county. There is a possibility of hosting regional tournaments in Madeira Beach because of the high quality of the fields in the City. It will bring in many families to come and stay at the beach. Commissioner Weinstein commented on how the accomplishment was a wonderful thing. Director Hatch said the group is not seeking hand-outs but that they are working very hard to raise funds in other ways and the coaches work very hard, investing many hours in the youth. It is not a huge profit center and the Board might could match a donation. Mayor Black commented in favor and asked if a decision needed to be made at that time. Mr. Evans responded that they needed to know, and the amount Board is comfortable with because the trips are coming up soon. He pointed out costs that Director Hatch noted in the memorandum. Director Hatch reiterated that Commissioner Andrews had mentioned donating from his personal business and partnered with other organizations. Director Hatch suggested a possibility of the Board donating $1,000 per team. Commissioner Douthirt recommended supporting with a donation of $5,000 per team. Mayor Black opened the floor for public comment. Roger Pryor, 223 144th Avenue, placed an unknown amount of money on the podium to support the teams. Commissioner Douthirt said if they could come to the VFW on Saturday, the Madeira Beach VFW will also donate $1,000. Commissioner Douthirt motioned to approve the request for a donation in the amount of $5,000 per team. Commissioner Andrews seconded the motion. ROLL CALL: July 9, 2019, BOC Regular Meeting Page 3 of21  Commissioner Douthirt "YES" Commissioner Andrews "YES" Commissioner Weinstein "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. 9.A. Resolution 2019-11, $15,063,000 City of Madeira Beach, Florida Capital Improvement Revenue Bond, Series 2019- Walter Pierce, Finance Director This item was moved up from 9A on the agenda. Walter Pierce, Finance Director, introduced the item and said the Staff was seeking approval of the Bond. He noted that the project will significantly improve storm water issues. He stated that after meetings in February and March with Crystal Island and surrounding residents, the BOC directed the Financial Advisor, Nick Rocka, to send out a Revenue Loan RFP for $15 million of the project and Sterling National Bank had won the bid. Prior to the current meeting there was a pre-signing of loan documents and the closing, if approved, will take place on July 11, 2019 and the funds will be wired before the end of this week. He stated that the City opened a new bank account with Florida Palm and this money will be earning interest at 2.44% and will only be used for this one purpose. The payment per year for 20 years will be roughly one million dollars. The first year there will be an interest only payment of roughly $372,000. He stated that the funding of the construction costs has been presented to the Budget Review Committee, which unanimously recommended this funding. Mr. Roca, the City's Financial Advisor, stated that Sterling National Bank presented the best offer to the RFP, with a 3.07% interest rated fixed over the 20-year life of the loan. This loan also features pre-payment options if the City desires to take advantage of these. He reiterated that if approved, the loan will close on Thursday, July 11 th and funds will be deposited. Mr. Evans added that as the project gets underway, there may be some occasions when the City can seek cooperative funding from the Water Management District. He assured the Board that staff are looking at other additional funding opportunities. Commissioner Andrews asked if there was any idea for what the millage rate will need to be raised to pay for the loan. He supported the loan and the road project but regretted that there was not a budget and a plan in place before proceeding thus far. He commented that revenue must be generated and said raising parking costs was not the answer. July 9, 2019, BOC Regular Meeting Page 4 of21  Director Pierce mentioned that this can be discussed further at the Budget Workshop on the 22 nd and that the numbers that he ran for the Budget Review Committee, would indicate raising the millage between 2.5% and 2. 75%. Commissioner Andrews suggested that it is important to be upfront, transparent, and to educate the public about this project and its costs. Mr. Evans said the Board had a healthy fund balance to pay the initial interest only payment, but the millage rate will need to increase in 2021. It will allow time to communicate more with the public regarding this project. Director Pierce said the Budget Review Committee felt that if the City wished to increase the millage rate to 2.75% in the 2020-21 Fiscal Year, it should be implemented in the 2020 budget. Mr. Evans noted that the issue of the BRC was that they do not want to see the millage rate go up in one year and then go up again in year two. It is possible to pledge the increase in the millage rate exclusively with paying this debt off. Director Pierce commented that because the City had already seen increased costs, an increased millage rate will likely occur even without facing the payment. He noted that the rate had not changed in four years. He added that the parking has been helping, but there have been distractions such as hurricanes and red tide that have made the parking revenue not a permanent guarantee. Mayor Black noted that staff recommended approval and it has unanimous approval of the Budget Review Committee and asked about further discussion. Mayor Black opened for public comment. Roger Pryor, 223 144th Avenue, a member of the Budget Review Committee, came forward and confirmed that the Budget Review Committee had come to the consensus that the 2.75% proposed millage rate was the top limit, not necessarily the only amount to be considered by the BOC. He stated that he did not want the rates to go up any more than necessary. Robert Preston, 425 S. Bay Shore Drive, commented that he was very happy that Crystal Island is getting the roads done but that his road and others are also in poor condition. He said the 2.75% increase would not be enough to cover future road work. The City had received no grants for three years, missing a helpful source of support. Mr. Evans replied that half of the $15 million is earmarked for Crystal Island, while the remaining amount is for other projects throughout the community that will be prioritized later. Frank Stegmaier, 15401 2nd Street E, commented that as a building contractor, he did not go out and borrow money before knowing how and where the money would be spent and that, as a citizen, he was concerned that the exact priorities for the borrowed money had not already been determined. July 9, 2019, BOC Regular Meeting Page 5 of21  Director Pierce responded that it was decided in discussions with the City's Financial Advisor after options were presented. The decision was made to secure the entire amount of funds because of the low interest rate. The City will be earning enough interest from the proceeds that have not been spent to possibly offset the interest they will be paying on the loan. Mr. Roca confirmed that this setup meant the City will be accountable for paying 5% interest, which is why the deal was secured and the rates were locked in. Director Pierce added that it was an unusual time wherein borrowing rates are low and earning rates are high, which made it advantageous to secure the entire amount upfront. Mayor Black opened the floor for public comment. Mike [? Last name], said his road construction was in process, but was causing problems, namely that residents were not getting accurate information about schedules, and where appropriate parking can be found. Residents, including people with medical issues are not able to park within a couple of blocks of their homes. They are getting conflicting information from the project workers and City staff. He asked that the Board to consider that and when doing future projects. Mayor Black commented that they will seek answers to help facilitate a smooth process. Mayor Black closed the floor for public comment. Commissioner Weinstein motioned to approve Resolution 2019-11, $15,063,000 Capital Improvement Revenue Bond, Series 2019. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Weinstein "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt "YES" Commissioner Andrews "YES" Mayor Black "YES" The motion carried 5-0. Vice-Mayor Hodges read a personal statement to address some things that had recently occurred and the negativity that had been present since and commented on how the Commission had a responsibility to leave their personal feelings at the door of the Chambers and work as a team for the great people of the City of Madeira Beach. 5. PUBLIC COMMENT Robert Preston, 425 S. Bay Shore Drive, stressed concern that the construction workers doing the project on 137th were not abiding by the laws of keeping the silt out of the intercoastal July 9, 2019, BOC Regular Meeting Page 6 of21  waterways. Because he had not been getting favorable responses from the City or the county, he contacted the State DEC, and after hearing back from them, he asserted that the City may now hear from them. Steven Barrett distributed a packet to the Board and described it as a copy of a report that he had filed with law enforcement for cyber stalking, a copy of his petition for the court to get a stalking injunction, and a copy of threatening text messages that Shane Crawford, the City's former City Manager sent to him on April 16th • He stated that charges had been forwarded to the State Attorney's Office and are pending. Frank Stegmaier, 15401 2nd Street E, thanked the City for the great 4th of July weekend and commented on the concerns that his neighbors had about the increasing number of sailboats moored all over the waters of the City. Mayor Black closed the floor for public comment. 6. CONSENT AGENDA Commissioner Weinstein asked to pull the May 14, 2019 meeting minutes and said she would meet with the City Clerk prior to seeking approval of them. A. Approval of Minutes: • May 14, 2019, BOC Regular Meeting Minutes • June 11, 2019, BOC Workshop Agenda Setting Meeting Minutes • June 14, 2019, BOC Special Meeting Minutes B. Lien Reduction Request by Brian Rochowicz - Ralf Brookes, City Attorney: C. Lien Reduction Request by Scott Anderson - Ralf Brookes, City Attorney: D. Surplus Eight Vehicles to Enterprise Fleet Management - Walt Pierce, Finance Director: Commissioner Douthirt motioned to approve the Consent Agenda excluding the May 14, 2019 BOC Regular Meeting Minutes. Commissioner Weinstein seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Weinstein "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. July 9, 2019, BOC Regular Meeting Page 7 of21 7. UNFINISHED BUSINESS A. Employment Agreement - Interim City Manager (Verbal Presentation) - Karen Paulson, HR Coordinator; Ralf Brookes, City Attorney City Manager Jonathan Evans introduced the item and turned the time over to City Attorney Ralf Brookes. Mr. Brookes indicated that the interim city manager, Bob Daniels, had reviewed and agreed to the terms of the proposed agreement. If approved, he is ready to begin work tomorrow morning. The salary will be the equivalent of $125,000 per year prorated per month. Benefits will begin after 90 days, though it is anticipated that he will only remain for 60 days. If he does remain for 90 days, the contract may be renegotiated after re-evaluation. The other terms of the proposed agreement are very similar to the current City Manager's contract. Mr. Brookes asked Karen Paulson, HR Coordinator, if she had heard from the permanent City Manager candidate, Mr. Drumm. She replied that he is discussing the offer with his wife and will report his decision tomorrow. If he accepted the offer, he would like to give a 60-day notice to his current employer, but it is possible that he may be able to start with Madeira Beach sooner. Vice-Mayor Hodges expressed concern that there is no dollar amount stated for accommodations in the proposed agreement for Mr. Daniels. Ms. Paulson indicated that she and Mr. Daniels have been working toward a monthly rental agreement with a local hotel, but it had not been secured. She suggested a stipulation that it cannot be over a certain amount. Commissioner Andrews asked whether a financial offer or simply an employment offer had been made to Mr. Drumm. She replied that he had only been offered employment. Commissioner Andrews asked if any background checks had been done on Mr. Daniels. Ms. Paulson said she was currently doing that. Commissioner Andrews expressed concern that he will be starting employment before the background checks come back. Commissioner Weinstein asked why sick and vacation days were listed in the contract when it was previously discussed that benefits would not be available for the first 90 days. Mr. Brookes replied that people get sick, even when employed for 30 or 60 days, so there should be some reasonable number of days allowed. Commissioner Weinstein indicated that even as late as July 1st people were not wanting to discuss the position of Interim City Manager and that to proceed forward without one would be a violation of the Charter. She commented on her support for Mr. Daniels. Commissioner Andrews commented that it was not appropriate to offer a contract to someone who had not been thoroughly vetted or interviewed. He suggested the possibility July 9, 2019, BOC Regular Meeting Page 8 ofll  of hiring someone from in-house to fill the interim position. Mayor Black stated that the decision had already been made. Commissioner Weinstein said they were previously assured that the background check will be done and said it was appropriate to move forward. It was the responsibility of the Commission to have an Interim City Manager in place by July 10th • Commissioner Andrews asked Mr. Brookes what will happen if Mr. Daniels signed the contract and then concerns become apparent. Mr. Brookes stated that he may be entitled to compensation. He asked Ms. Paulson if a criminal background check has been done and she replied yes, that it came back clean. Mr. Brookes added that that it is very difficult to convince a City Manager to come into a divided Commission. Commissioner Andrews asserted that it was not a good reason to hire someone. Vice-Mayor Hodges indicated that she is concerned about proceeding without an exact amount for accommodations in the contract. Mr. Evans suggested the idea of offering a lump sum each month for housing so that Mr. Daniels can use that to secure his own accommodations. Commissioner Douthirt motioned to accept the Employment Agreement for the Interim City Manager, Mr. Daniels, with a maximum $2,000 per month housing allowance. Commissioner Weinstein seconded the motion. Mayor Black opened the floor for public comment. A woman, not stating her name and address for the record, asked why no one was looking at the nearby condominiums and suggested that Mr. Evans could forward information about where he previously stayed. She asserted that there must be plenty of businesspeople in the City who would like a renter. She noted that she does like the idea of putting a cap on the housing allowance. Robert Preston, 425 South Bayshore Drive, commented that it is disappointing that the Commission had not followed their own procedures for hiring the Interim City Manager and that when their first choice declined the position, they should have gone with their second choice. It is not appropriate to pay for sick leave or vacation days for a person who is a short-term, contracted employee. The salary offered is beyond what should be based on how much he was making in his previous employment and that there should be a flat amount paid for housing, transportation, and food. Linda Hein, 401 150th Avenue, said the salary and benefits should not be based on previous employment, but on what is customary and reasonable for this job. It is appropriate to consider those things and to move forward. Mayor Black closed the floor for public comment. July 9, 2019, BOC Regular Meeting Page 9 of21  Vice-Mayor Hodges said she wanted to see a specific amount listed under accommodations. Mr. Evans pointed out that the motion made by Commissioner Douthirt included a modification that puts a condition wherein the housing stipend is not to exceed $2,000. Commission Weinstein said it was appropriate to pay for a hotel for the first seven days while Mr. Daniels seeks accommodations and then the monthly stipend be paid after that. Commissioner Douthirt amended his motion to address p. 3, Section 4F of the proposed employment agreement with the amendment that the City shall pay for accommodations at a hotel or rental unit, or a rate comparable to a weekly rate charge by Courtyard by Marriot, Madeira Beach, Florida for seven days, and thereafter the City shall provide a housing allowance stipend of up to $2,000. Commissioner Weinstein seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Weinstein "YES" Vice-Mayor Hodges "YES" Commissioner Andrews "NO" Mayor Black "YES" The motion carried 4-1. B. Ordinance 2019-06, Amended Fees and Collections Procedures Manual - 2nd Reading & Public Hearing and incorporate a Gulf of Mexico Commercial Fishing Fleet Discount - Linda Portal, Community Development Director & Other Department Directors Linda Portal, Community Development Director, introduced the item and clarified that this is the second reading of the Fees Ordinance. She stated that the previous version was questioned because some things addressed in background memos rather than in the text, so the new version incorporates all that information. She commented that approval is necessary for the budget process, especially for parking fees which affect the City daily. Mayor Black asked a question about page 22 of the Fees Schedule Manual regarding the road closure fee of $1,000. Mr. Evans and Ms. Portal clarified that the item is to be struck. Commissioner Andrews commented that he had three concerns, the first being the Gulf of Mexico Fishing Fleet Discount which is a problem because of the marina audit. He felt it needed to be exposed as a loss and not covered up with a fee because, with the bad press about the issue, some people have false understandings about it. Commissioner Andrews stated that the Alcohol Management Fee should be removed because it makes it difficult for people to hold events in the City and may scare off potential opportunities, including events that have been held in the City in the past. July 9, 2019, BOC Regular Meeting Page 10 of21  Commissioner Andrews asserted that the Fitness Center needs to also be removed because the City is not ready to move forward at this time. Commissioner Douthirt commented that it is confusing to offer the commercial fleets more off per gallon than the residents are being offered. Mr. Evans explained that the marina operates as an enterprise fund so the money that is generated from the marina operation sustains the entire operation. In the first iteration of the fee ordinance there was not a discounted rate provided for residents so the 5 cents off per gal was incorporated. If the Board wants to up the increase for the residents, they can do that. The 30-cent discount is for the purposes of addressing the lost revenue that came about when the Board took a policy decision to not offer that discount. Previously there was no authorization that was ever provided to staff to authorize those discounts. That is why the fee ordinance and other fees are now incorporated to give staff the authorization to proceed. Commissioner Andrews asked if there was an ordinance in place to offer the previous 20 cents per gallon they were getting. Mr. Evans replied affirmatively. Commissioner Andrews suggested that this change will not be enough to win customers back. He also stated that it is appropriate to give more of a discount to residents. Commissioner Weinstein commented that she is favor of approving everything except the 30 cents until more of the 25 recommendations can be evaluated and procedures are in place for a reporting structure with the Marina operations and fishing vessels. Commissioner Andrews reiterated that this money is actual lost revenue at the pump to the amount of $110,000 per year. Commissioner Weinstein stated that it is prudent to wait for Mr. Hauser's evaluation of the recommendations to ensure a system is in place. Commissioner Andrews stated that John Hauser may not have enough marina experience to assist, particularly with the current discussion of lost fuel revenue. He clarified that allowing 30 cents off per gallon is not losing money, it is simply reducing profit on fuel that is marked up. · Commissioner Douthirt motioned to approve 2019-06 leaving the 30 cents per gallon in and increase the residents discount from five cents to 20 cents per gallon. There was no second to the motion. Mayor Black opened the floor for public comment. Robert Preston, 425 South Bayshore Drive, stated that it is going to be very difficult to get the commercial fishermen back to the marina, suggesting that the 30 cents per gallon will not be enough, which is unfortunate for the City. He also stated that the City should not be involved in alcohol management at all. He thanked Commissioner Douthirt for stepping up for the Little League and with the additional discount for residents. July 9, 2019, BOC Regular Meeting Page 11 of21  Director Pierce commented that the proposed fee schedule is tied to the general fund revenue. He reiterated that if the Commission has any problems with some of the issues, that they can be removed so that the remainder can be approved. If it is not approved, the City will continue to lose general fund revenue. Commissioner Weinstein stated that she is willing to pass it as is and revisit problem areas later. Mayor Black closed the floor for public comment. Commissioner Weinstein motioned to approve the Ordinance 2019-06, an ordinance of the City of Madeira Beach, Florida, amending ordinance 2018-03, the fees and collections procedures, providing for conflict, providing for severability and providing for an immediate effective date. Commissioner Douthirt seconded the motion. Commissioner Andrews stated that if the Alcohol Management Fee remains that he is not voting on it as it is a new cost that does not belong. He stated that the City does not belong in the alcohol management business and that he will agree to the 30-cent and 20-cent discounts if the Alcohol Management Fee comes off. Commissioner Douthirt reminded that any problem areas can be revisited later, and Mr. Andrews indicated that he cannot move forward with the Alcohol Management Fee in the document. Director Portal pointed out that the motion did include the suggestions made that include the 30 cents. Director Hatch commented that the Alcohol Management Fee, along with other scenarios regarding events with alcohol, was discussed at a time with a previous board member and at this point is just a fee for the sake of collecting a fee. Commissioner Andrews asked if it will draw business or scare business away and Mr. Hatch said it depended on the event, assuming there may be some push-back. ROLL CALL: Commissioner Weinstein "YES" Commissioner Douthirt "YES" Commissioner Andrews "NO" Vice-Mayor Hodges "NO" Mayor Black "YES" The motion carried 3-2. July 9, 2019, BOC Regular Meeting Page 12 of21  C. Ordinance 2019-14, An ordinance of the City of Madeira Beach, Florida amending City of Madeira Beach code of ordinances, Article IV. - Special Exception uses, Sec. 110-124(a). - Standards and Requirements, to remove the duplicative quasi-judicial review by the local planning agency, and; adding Sec. 110-125 to provide an appeals process providing for conflict, providing for severability, and providing for an immediate effective date - 2nd Reading & Public Hearing - Linda Portal, Community Development Director Linda Portal introduced the Item, and stated this ordinance involves a duplicative process for Special Exception uses that involves the Planning Commission and the Special Magistrate, noting that the Planning Commission is trained to deal with quasi-judicial matters. She reminded that the first time this was read there was some confusion wherein the Commission asked that the Planning Commission Chair come to the meeting to explain their position. She stated that at their meeting there was barely a quorum present, with both the Chair and Vice-Chair missing. The Planning Commission Chair, Mike Noble stated that he would like to have a discussion with the full Planning Commission next month before making a recommendation to the BOC. Commissioner Weinstein asked about the training of the Commission in quasi-judicial matters and Ms. Portal explained that she and others provide ongoing training to the board. Commissioner Douthirt stated that he would like to see someone from the Planning Commission regularly coming to BOC meetings to clarify their recommendations. The Planning Commission Chair indicated that he or one of the vice-chairs is willing to do this when necessary. Commissioner Andrews motioned to table this item and let it go back to the Planning Commission. Vice-Mayor Hodges seconded the motion. Mayor Black called for any public comments. Robert Preston, 425 South Bayshore Drive, stated that he believes the Planning Commission is fine as long as it is advisory because when community members are involved in the final decisions, emotions can get involved, which is why the Special Magistrate should be the final decision making authority. Mayor Black closed the floor for public comment. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt "YES" Commissioner Weinstein "YES" Mayor Black "YES" July 9, 2019, BOC Regular Meeting Page 13 of21  The motion carried 5-0. D. Ordinance 2019-15, An ordinance of the City of Madeira Beach, Florida amending City of Madeira Beach Code of Ordinances, Division 13 - Adult Entertainment Establishments, Subdivision III. - Variances to replace references to City Board of Adjustment with Special Magistrate, providing for conflict, providing for severability, and providing for an immediate effective date- 2nd Reading & Public Hearing - Linda Portal, Community Development Director Director Portal introduced the Item as a scrivener error change that references a required variance which is to be heard by the Special Magistrate but reads as to be heard by the City Board of Adjustment, which no longer exists. Commissioner Andrews motioned to approve Ordinance 2019-15 as written. Vice-Mayor Hodges seconded the motion. Mayor Black called for any public comments and none were offered. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt "YES" Commissioner Weinstein "YES" Mayor Black "YES" The motion carried 5-0. E. Ordinance 2019-16, An Ordinance of the City of Madeira Beach, Pinellas County, Florida, amending City of Madeira Beach Code of Ordinances, Article VIII. - Special Magistrate, to correct grammar and provide more inclusive language throughout; Sec. 2-501 and 2-503(e), to specify limits on the authority of the Special Magistrate as relates to licensed and certified decisions; Sec. 2-503(c) to expand the radius of notification; Sec. 2-503(d)(l) to establish cost recovery fee for applicants failure to attend; Sec. 2-503(g) transferring clerical and administrative support from the board of commissioners to the city manager in keeping with professional standards and practice and stating performance standards for the Special Magistrate; Sec. 2-506(c) specifying the application of the land development code and removing the duplicative quasi-judicial review of the local planning agency; Sec. 2-507 (b) strengthening the standard for review of variances to ensure full compliance with local standards, providing for conflict, providing for severability, and providing for an immediate effective date- 2nd Reading & Public Hearing - Linda Portal, Community Development Director Director Portal introduced the item and indicated that there is some overlap between this item and the previously discussed item involving the Special Magistrate and duplicative July 9, 2019, BOC Regular Meeting Page 14 of21  quasi-judicial review and recommended continuing the item until after the Planning Commission comes back with a recommendation on ordinance 2019-16. Commissioner Douthirt stated that he would like to see a change before it goes to the Planning Commission from 300 feet to 500 feet as other municipalities are doing. Commissioner Douthirt motioned to continue this item and send it back to the Planning Commission with the change from 300 to 500 feet. Vice-Mayor Hodges seconded the motion. Mayor Black called for any public comments and none were offered. ROLL CALL: Commissioner Douthirt "YES" Vice-Mayor Hodges "YES" Commissioner Andrews "YES" Commissioner Weinstein "YES" Mayor Black "YES" The motion carried 5-0. 8. CONTRACTS/AGREEMENTS A. Snack Shack Concession Agreement - Jonathan Evans, City Manager The City Manager introduced the item as an extension and modification of the lease agreement between United Park Service and the City of Madeira. The only change in the agreement since previous conversations with the BOC is the vendor has agreed to remit payment to the City of approximately $1,300 per month for the purposes of the City incurring the cost and responsibility of maintaining the restroom facilities. In the previous agreement the vendor was responsible for that. Commissioner Weinstein asked if the current lease agreement with United Park Service has ever had an inflationary cost increase. Mr. Evans stated that it has not, and that it was not considered at this time because of the proposed additional cost to the vendor of $1,300 per month. Mayor Black opened the floor for public comments, and none were offered. Commissioner Andrews motioned to pass the agreement as written. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" July 9, 2019, BOC Regular Meeting Page 15 of 21  Vice-Mayor Hodges "YES" Commissioner Douthirt "YES" Commissioner Weinstein "YES" Mayor Black "YES" The motion carried 5-0. 9. NEW BUSINESS A. Resolution 2019-11, $15,063,000 City of Madeira Beach, Florida Capital Improvement Revenue Bond, Series 2019- Walt Pierce, Finance Director This item was moved to section 4.2 in the agenda. B. Resolution 2019-12, A Resolution of the City of Madeira Beach, Florida, establishing Sunday, December 08, 2019, Sunday, December 13, 2020, Sunday, December 12, 2021, Sunday, December 11, 2022, and Sunday December 10, 2023 as the dates for the annual Florida Golf Beaches Holiday Halfathon, starting in Madeira Beach adjacent to City Hall, south to Madeira Way, west to Golf Boulevard, heading north in the northbound lanes of Golf Boulevard to Indian Shores, allowing temporary road restrictions to be created between 6:00 a.m. and 9:00 a.m. to be field adjusted as necessary by the Pinellas County Sherriff's Office authorizing the City Manager to sign the Florida Department of Transportation applications provided by the race director for temporary closing of a state road, providing for reading by title only, and providing for an effective date.- Jay Hatch, Recreation Director Director Hatch introduced the item and stated that they have been hosting the race here since 2002 and that staff entirely manages it, with several voices agreeing that it has been a well- organized event. Mayor Black called for any public comments and none were offered. Commissioner Andrews motioned to approve Resolution 2019-12 as written. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Andrews "YES" Commissioner Douthirt "YES" Commissioner Weinstein "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. July 9, 2019, BOC Regular Meeting Page 16 of21  C. Ordinance 2019-13, An ordinance of the city of Madeira Beach, Florida, amending the City of Madeira Beach Personnel Policies and Procedures, providing for an effective date, severability and ordinances or resolutions in conflict. 1st Reading - Jonathan Evans, City Manager; Karen Paulson, HR Coordinator Ms. Paulson introduced the item, accompanied by Tom Gonzales, the City's Labor Attorney. Ms. Paulson stated that the employee personnel policies and procedures handbook had been in development for over a year, going back and forth between the Civil Service, the City Manager, the attorneys and herself. Commissioner Andrews stated that this was scheduled as a workshop item and since there were a lot of discrepancies it was agreed that it is a good idea to have the Civil Service Commission present to discuss them, but they were not invited to the workshop meeting. He commented that because he has many issues to discuss with this item, the workshop setting is more appropriate, with the Civil Service Commission present, and that it should be tabled until such time. Director Pierce, Finance Director, stated that he fully agrees that there should be more discussion about the manual, but that there are corrections in the manual that have a tie to the budget, and will have a detrimental effect on eight current employees, effective October 1st who did not get their full 4% raise because they had maxed out on the pay scale. Commissioner Andrews stated that he does not want to be held hostage by the budget with this very important item because every time there is a mistake in the handbook the City is at risk of another lawsuit. He also stated that as some City employees are not making enough money, others are making too much, which is another item to address with budget discussions. He reiterated that the Civil Service Committee was not invited to the workshop wherein it should have been discussed. City Manager Evans commented that the process outlined for getting the document approved has been followed precisely to bring it appropriately before the Commission for approval as a policy document. He reiterated what Ms. Paulson previously stated, that it has been in development for over a year, going back and forth between the Civil Service, the City Manager, the attorneys and herself. Commissioner Andrews stated the Commission had previously agreed that a discussion needed to take place with the Civil Service Commission regarding the inconsistencies between the Charter and the Handbook, and issues with policies and procedures not being followed that are not being addressed. Commissioner Andrews made a motion to table this discussion until after meeting with the Civil Service Board. Vice-Mayor Hodges seconded the motion. Mayor Black called for any public comments. July 9, 2019, BOC Regular Meeting Page 17 of21  Linda Hein, 401 150th Avenue, a member of the Civil Service Commission, commented that although she hasn't been on the Committee the whole time, she has listened to the discussion since and there was agreement on the Committee regarding the changes that were discussed. Commissioner Weinstein stated that she has memos in her file that date back to December 2018 and before, documenting many meetings, discussions, and changes, and she is ready to move forward. She commented that any additional information that might come up after the approval of this ordinance 2019-13 should again come before the Board. Commissioner Douthirt stated that although Commissioner Andrews has commented about procedures not being followed for getting things approved, that is more of a personnel issue and, by Charter, the Board is not to be involved in the day to day management of City personnel. Commissioner Douthirt commented that the issue before the Board is whether the policies presented are the right policies. Commissioner Andrews stated that he agrees with Commissioner Douthirt, but that there are no procedures in place to monitor the City Manager and HR Department and it is incumbent upon the Board to see that the laws are followed. He commented that the Board is about to pass something knowing that it is not being followed. He specifically mentioned that the handbook stipulates that every employee must receive a pre-termination hearing, but there is currently no pre-termination policy. He stated that the City has lost 87.7% of its staff in two years and nobody knows how to do a pre-termination hearing. Mr. Evans stated that if the Commissioner has questions regarding the employment of any individual, he can set up a meeting with the manager to discuss those. The City Attorney pointed out that it is more complicated to make a negative motion than to motion against approval. He restated that the motion is currently to table the item and the vote can be taken on that. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt "NO" Commissioner Weinstein "NO" Mayor Black "NO" The motion failed 3-2 to table the item. Commissioner Andrews stated that he had been called out for acting outside of his purview. He asked if Madeira Beach is an at-will municipality. Mr. Gonzales, the Labor Attorney, responded that he does not know what that means. Commissioner Andrews responded by asking if employees must be fired with cause in the City of Madeira Beach. He responded negatively, stating that the City Charter gives that power to the City Manager, reading from July 9, 2019, BOC Regular Meeting Page 18 ofll  the charter. Commissioner Andrews continued to discuss this line of thought with the City Labor Attorney, both reading from the Charter. He then referenced a document wherein Mr. Gonzales stated that Madeira Beach is not an at-will City. The two gentlemen continued to discuss the issue. The City Attorney commented that the discussion is not related to the personnel manual and Commissioner Andrews responded that they are reading from the personnel manual. Mr. Brookes asked Commissioner Andrews if he wants to add a motion about whether employees are at-will or not at-will. Commissioner Andrews stated that he is asking that the rules be followed. Mr. Brookes pointed out that the rules are in front of the Board if that is what is wanted. Commissioner Andrews commented that he still thinks the Board needs to speak to the Civil Service Commission. He reiterated that if the Board is not going to listen to the Committees, there is no point in having them. Mayor Black stated that they have listened to them by implementing the changes they recommended. The City Attorney commented that the City needed to have personnel rules. He reiterated that he believes Commissioner Andrews issue is that although rules may exist, they may not always be followed, which may be a valid and debatable issue, but what is in front of the Board now is to amend the set of rules that must be followed in the future. He stated that these rules can be adopted, not adopted, or continued until the Civil Service Commission can review them again, although they have already given a recommendation to approve. He reiterated that it can always be brought up again, if approved tonight, to amend the policies and rules later, if desired. The City Clerk pointed out that this is first reading. Mayor Black confirmed that changes can then be made as needed. Commissioner Douthirt made a motion to pass Ordinance 2019-13, revised Personnel Policies, on first reading, pending that the Civil Service Commission is notified to attend the July workshop. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Commissioner Weinstein "NO" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 4-1. D. Contract for Law Enforcement Services for FY 2020 - Walt Pierce, Finance Director July 9, 2019, BOC Regular Meeting Page 19 of21  Director Pierce introduced the item and stated that staff is recommending approval. Commissioner Douthirt made a motion to pass the Contract for Law Enforcement Services for FY 2020. Commissioner Andrews seconded the motion. Mayor Black called for any public comments and none were offered. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "YES" Mayor Black "YES" The motion carried 5-0. 10. STAFF REPORTS A. Spring King of the Beach -Jay Hatch, Recreation Director Director Hatch stated that the incorrect memorandum is included in the documents and apologized. He stated that he will get the correct information to the Board and not waste anyone's time tonight. B. Babe Ruth World Series Donation -Jay Hatch, Recreation Director This item was moved to the first item of section 4.2 on the agenda. 11. REPORTS/CORRESPONDENCE A. City Commission Mayor Black thanked Mr. Evans for everything he has done for the City and wished him well. B. City Attorney C. City Manager D. City Clerk 12. ADJOURNMENT Mayor Black adjourned the meeting at 9:20 p.m. July 9, 2019, BOC Regular Meeting Page 20 of21 ATTEST: ATTEST: July 9, 2019, BOC Regular Meeting Page 21 of21