Board of Commissioners Special Meeting

THECITY OF MADEIRA BEACH, FLORIDA PUBLIC NOTICE BOARD OF COMMISSIONERS MEETING 'The Board of Commlsslonenl or lta City of Madeira Beach, Florida will meet at City Hall, local8d at 300 Municipal Drive, Maden Beach, Florida 1D clscuss the agenda lem8 of City Business lislad at the time indicalad below. 4:00 P.M. Tuesday, November P, 2013 AUDrTORIUM A. CALL TO ORDER 8. INVOCATION AND PLEDGE OF ALLEGIANCE: Vice Mayor Teny Usl8r C. ROLLCALL llambn Prelant Tmla PaDadeno, Mayor Teny Lister, Vlce-Mayar Nancy Hodges, Comml8sloner District 2 Elaine Poe, Commi881on• Dlslrtt 3 Pat Shontz. Commiasioner DI81rlct 4 Staff Pl'Nlnt: Shsie Crawronl, City Manager (CM) Bob Matz, C1tJ AtlDmey (CA) Aimee SeMdo, City Ciartt (CC) D. APPROVAL OF THE MINIITES E . #PR.OVAL OF THE AGE NDA A motion wu made byCammlaloner Shontz and l&COllded byCommlulonar Poe. ROLLCALL: Co mmissioner Hodges .................YES Vice-Mayor L1818r...........................YES Commlltlfoner Poe..................... YES Mayor Palladano ............................YES Commissioner Shontz..................YES F. PUBLICCOMMENT (llmlled to 3 minutes) PRESENTATIONS 1. PRESENTATION BY FRANK EDMUNDS, CITYC, SEMINOLE CITY MANAGER AND CHUCK COWARD, RETIRED CITY MANA GER OF INDIAN ROCKS BEACH, CITY CLERK REPORTING RESPONSIBllTIES Mayor Paladeno: Thanked bath fRllk Edmund& 111d Chuck Coward for corning ID make preeemaliont. Frank Edmunds: The CM made It aware that the Council is considering respondllllty/raportfng of the CC. In 2.009, lhe19 was a lrlal review process in Semlnole of the rapcrting responslbllities between lte CM and CC. In more recent times, the co uncil has been uncomfortable with supervision of the cc, especially towards legal responsibilities such as preparaUon of 1 I BOC Meeting 11/05/2013 mlnulBs, ooordlnaflng elections, etc. Through this discu11lon the COlft:il then Blac:lad ID sponaar an amendment ID the cc chaitar di� the lo hM accountability 10 the CM. CqJles of 1he poeition desaiplion wem brought to 1h18 meeting. Thia reportrci relationahlp has been In effacl since 2010, and in his view, Is fln:lloning as intanded. The position Is &tiff a Dlnir Offlcer, but the CM has the responsibility of hiring, disciplining, aid a,pervislng Iha CC pmition. On a, sn1al evakldon, the Cly Coima1 is dll involvtd, but day-m-day Is 11.1perviaed by the CM. Mlnua have been made avallable three days Iller meeli1gl, print l80Clds 118 now all compllant with Florida law, and aupport 88rvlces have been ID the Collldl's salWacllon. Edmunds then opened b question, or comments. CM: lfa not Mlether Che CC or CM Is far or against lhil: it Is a rnatl8r of what structure makes the most •nse. Who Is the boa? The CM is talked with running CHy Hall- I the CC ii part of� Hal, the CM would 11111 have authority, but this ls not how It Is axacdy worded i1 1he Char18r. The CM and CC meet often 111d daly, aa far as Iha CM Is conc:emed, the CC ii not llchnlcaly hJs employee. Thare is a clllicult situation ff the CM advises the cc wHh a queallon and the reaponse Is not what fle Board wanted, who is lhan RllpOOBibla? Ml)'Or Palladeno: Has tabd ID Mayor WalBnl and Mayor John10n, and 1h18 s,stem In Semilolt seem, to work. How can l1e Ive members of the Bolld get 1Dgeller' ID l'BIIOlve an laaue rcr the CC? This dllcusalon la not reflective of airrent CC. Board members are not lhn evary day. If the V-M has an Issue will Iha CC, he can't call Iha Commlnloners becau• it would be vloldng Florida Sil'lshine Laws. Cal ycu uplaln a lltBe nue how Ills s1ructure W!Xks7 Edmunds: "Cwupervislon Is no supervtalon.• A aystsm wher8 both Iha Council and Iha CM try ID superviae RIMI' works out in pracb. The relallol15hip d having the CC nipart ID lhe CM has worked wall lhus far. Toe Board takes all responsibility or the CM does, a combination does not work. Chuci: Coward: Retired CM tom Indian Reda Beach and Treasure Island. The q1111lon is lo whom does lhe CC niport? Thn Is more 11111 one right 8l'l&Yt'lr or arrangement that aud wort succeurut!y. Some of Iha basic options include: (1) have the CC appointed by and reeponalble IO lhe CM, (2) CC appointed by and responsible 1D the City Qxnmission, (3) CC appoinlad by the City Commission, and 8'.IJ8rvfsed by the CM, but ultimalaly r&Spon8ible to lhe City Commlsalon, and (4) CC appointad by fie City CommiaiDn but responsible to/luperviaed by the CM. The best opllon Is '88lly the one that best ffll ,our crganlDlion and the people that W0l'k within that organization. kl making a decision, consider one important fact hlstDrlcally, City Commlaalons ara not good at supervising employees. The Ccmrnlsaion doean't n,gularly observe work hoin, doesn't pay atfentlon to vacauon echeduling, lask priorilies, educational opporlunllle&, varbal 111prinsids- usually the Commission only gall Involved whan a seriou1 problem accura whlctl la not helpful far day-to-day lmlu• or queallona. Coward opined flat oplfon 3, isolates the CC- the manager Is not anJdoua ID ghe direction ID an employee they have no cc real aulhority ovw. The beat option in amal cities on Iha beach Is to have lhe work dlrecBy for lie CM. Thn n nu111C88 ID conalder: for example, the Board could appoint the CC but lhe raaponslbftlty goes lo the CM, or lie CM could both appctrt and �- Coward slrongly advlaes agaiist a duel supemslon syallm, ewtn though It ls cunantly working h lndlan Rocks Beach, becalisa lhme are many oppolt.mltiel for dlfflculliy in 1he ftdln. Cc:mmiaatoner Hodges: Al an appoinlad p1111tion, the CC does answer ID the CM now. She is not a aecrataryfor the Soard and already works wllh the CM on a day-to-day bas. If lhe atruc:ture ii working well now, why wcud we need 1D change the Chllter? Coward: There Is no requirernant to change the Chnr or 1he slrudura that Is CU11"8nlly uaed-1ra a question of whether you want ID do that. Maldng structural changes could invent future problems; thn la not a real crisis now. Tli1 is Just aomething tha Board should consider l¥ld If they 88IITI flt ID pul'IU8111is as a praventive or proadlw measure that is up to them. CM: Opkled that 1he way that City Hall currenly operates is not in the City Chnlr. What d088 the Charter actually say, and what does llllhorffr doss the CM hM? CA: Cunen6y, the CC 88rV8I at lhe pleaaura of 1he Bolld of Commlulonerl. In an allampt t> calfy the lasue, befDra It becomes an issue, these preeentatlona are being di&c1118ed. This would be a proactive measure ID remedy a problem before It occura. BOC Meeting 11/05/2013 V-M Us1Br: Right now, lile CM an<I CG work well. In 1he past there have been bad CMS and bad cca, a'ld Lfslar is not comfortable making 1hia cha,ge right now. CMB In lhe past have wanlad ablolute power, and absolute power comJp1B absolutely. There Is so much to do in the city; this doesn't seem Ike the time ID change this. CM: A concern that CM had: When CC asks for direction and tie Board doesn't agru, would lhat be a negative on the CM evaluallon? To be judgad or evaluated for a position Ile Board • responsible for as stated ii lhe Charter, rs a lot ID Bak: of the CM. Commissioner Shonlz: A lot of the problems are cau&ad by Sunshine Laws. The Board cannot adclr988 la8uea wlll t\e CC unless ifs made in a piJiHc setting. Things in house should stay In hoUH. Then public input could not be refteclive ofhow City Hall actuaDy operatss because they don't have lhat in-house knowledge on day--fo.day aciV1lie1. Colld we make a new policy decision to addrees how the Board wants the cc m report? CA: The poeftion and who is rasponsibla Is In 1he Charter. If a change is wan1ed to be made, It has ID be amended in lhe Charter. Q>mmisaioner Shontz: This needs to be addreued. Somenmes the CC 18 faced with disgnmled cilizsns; the Boan:! Is not lhere to legally stand behind/defend the CC because they aren't thn on a daily basis. The CM is right down the hal, t,e CC can go to him if need be. CM: Right now the Board Is ccmfor1abla with CM and CC, and the CM and CC are comfortable with how the ailualion ls now, but what happens when the Board chlillgel or when the CM and CC are dffl9rant? If 1he Board hires, fif81, and evaluates the CC, what control does the CM really have over the CC? Commissioner Shontz: Thinks it's a good idea to put this one section of the Olarter change lo vote. Edmunds: Fundamentally, It la up to lhe Board. Wllh the CM 118\'ing no reel eulhority over the CC, this could be problematic in the future. The success wllh Ille current structure Is due to the employees' and eJecl8d official&' relalionsl'1)9. When those positions dlange and new membera'employees oorne In, Mlere could be issues in the future. The Ma)U' que611oned how long Edmunds has been a CM and was answared for 30 years total, and for tie last 19 years he has been CM for Seminole. The anrent CC has been there for 3 years, since their Charlar change in 2010. V-M Usler: Do you have any idea what 1he percentage was for lhe vote on the change for and against? Edmunds: Does not have It, but could find that out and send the ilfoonalion 1D the Board. CM: If 1he Board la going ID make a change, 1hey shouldn't wait until a major problem or crisis arl&e1. Aa the CC and CM interact now Is not in alignment With the Charter. Right now, the CC has an absentee boss and the CM Who runs City Hall but she does not WOl'k fer. stave Kochict: It ii fortunate ltlat the Madeira Beach City Charter reads very sinply. The words 1hat are used n Vf!J1'J important in legal writing: al, shal, etc. Lawye11 ca, argue anylhing. How is flis change In the best lnlarest of 1he city as a whole? Vlttlen the wrong people make wrong decisions on the Board, It becomes a nightmare. 'What power does the Board think they have? The only power the Board has Is to legisllllB. The Boad can only make a decision as a va,ole, so lhere is no wt Iha Boa-cl can supaMaa an employee. The Charter says llat the CM runs crty Han, the cc works In City Hall so he has aUthorly. Think long and hard aboot any Charter cha1199, We are thankful that Aimee stepped up ID the plale and said she'd help. lnlelpret the Chara how you want 1D but do It i, the best interest of the C"Jty. The chaige should be dropped, read in1D the Chartw that 1he CM alrndy has aulhority. The CC duflea kl the Chartar have to cb with the elections and record keeping and those are the most l111JOr1ant tasks. The matter of the City Charter lhould be dropped, have a rnee1lng and figure t\e relationships/positons out. The Board does not have anything but legislatNe power. CM: The Board should have no aulhorlty over emplo)'le aupirvfslon and should only legislate. However, In the Charter u it currently reads, the CC is 1'88P001lble 1D the Board and they are the supervisors because they appoint her. CA: Read the pertaining Articles and Sedlons verbatim that relate ID the CC pDSition and CM aulhortty to CBify Ille position as H currently exiala. Artlcle 6 Section 1, there shall be a CC, CA, and City Treasurer who Bhall serw at the pleasure of the 3 I BOC Meeting 11/05/2013 Board of Commissioners, 111d said oflk:ars should be considered Chartered Officers. section 5.4 powers and duties of the CM, the CM shall be the chief admfnlstrallve officer of lhe city, responsible lo the Board for the admin of all city affairs �aced In hia or her charge by and under this charter. The CC Is not plaoe under CM m.-ge. accordi'lg lhe articles of the Charfsr; the CC is responslble lo and supervised by the Board of Cornmis&loneni. Kochick: Does nol agree with what Ille CA read and continues ID argue. Mayor Palladeno: This Is not up to debate, Mr. Kochfck cannot challenge what he CA has read ¥o'Ord for word by the char11tr. Mr. l<ochidt dissgreas with the Mayer and 1he CA then leaves. CM: Apologizes 10 the visiting pnmenm Md Board for Iha din,rt>ance of Mr. Kochicks' leaving. There is ambiguity and confusl'on to what Is being changed exactly-as evidenced by Mr. Kochlck's passiona1e reaction and debate. Whatever lhe Board decides, the CM arid CC will fdlow. If the Charter is not changed, the CM wlll have tD rearrange how he manages Cily Hall. The cc d081 not have a cle.- indication of who to report to. If 1he CC did ask the Board, the Board MIi most lkely advise the CC to do what the CM says. Mayor Palladano: Understands the positions of V-M Ustar and Commissioner Shontz. He does not know how lhe Board oould actively manage and support the CC on a day-to-day basis. Again, he tharis 1he visiting CMs and 1heir presentations. G. CONSENT AGENDA H. UNFINISHED BUSINESS I. NEW BUSINESS J. REPORTSICORRESPONDENCE • CITY COMMISSION • crrv ATTORNEY • crrv MANAGER The CM evaluation is coning up that needs to be done. If you follow the Charter, the same will have to be done with the CC. Mayor Palad81lo: Does the cc like the cunent slructure? CC: It is easy to go the CM when a question arises since the Board la not present However, both Iha CC and the CM are c:ontant tD folloW the &truclure 1hat Ille Board decides. CM: The CC flld CM are going to work hard MCI do lhat Job that needs ID be done. Both just need to know which strucwra &hould be followed and if a change should made. commiaioner Shontz: What ll!i the n8llt step? CM: There Is flma to put this referendum on Ile March alecllon. There is no raat 1UBh, but the time I& now to make a change. CA: WiU wcrk with the CC to make a schedl.lle and llmeline. CM: The public does not understand all lhe issues-. Thn should be some infonnalional meetings to help 1he public understand what the change acb.Jally enlails. Change Is usually approached with �prehension but government evotulon Is necessary. Coward: The Board has until December to take action to put 1his on the March eleclion. The gentlemen in the audience spoke of Board poweni, and he was correct that a Commission's powers are legislative. A good chain of 41 BOC Meeting 11/05/2013  command lhould be clarffled and established far the lfludure of how the government WDlb. Make a &Ingle Charter amendment lo change and ctlllffy-whfch ii a cornpletllly legislative power and only 1he Board can present. A proper ch� of command is the reaeon for doing this. Mayor Palladano: This wll be brought up i'I the next Board Wortehop meetlnQ fhe dale orwhich � 1111 to be delarmined. Asked the CA what will need to be cbie and the CA respondlfd that ballot language ill1I have to ba drafted; parameters wlll be di&alsaed with CA Tralk for flll 111e de1alls. ,, ' CM: The Board can hold a special wcrbhop to addrass only this lope. The wgr81 thing to do Is to feel rushed, if the Board 1B c:omforfable wilh putllng this out lo publlc, now should be fhe time. CA Trask, CA Metz, and CC will work 1D present to lhe Board what i8 needed. There ia a Special Eladlon on Janumy 14'1 for Q)ngr9as. but the Merct, election will ba lhe target date for this referendum. • CITYCLERK K. ADJOURNMENT The meeang was adjoumed at 5:02 p.m. Date Approved: l\ - \Cl - l'?) 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