Board of Commissioners Special Meeting

MINUTES BOARD OF COMMISSIONERS SPECIAL MEETING JUNE 30, 2021 5:00 p.m. The City of Madeira Beach Board of Comm issioners he ld a special meeting at 5:00 p.111. on June 30. 202 1, in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipa l Drive. Madeira Beach. Florida. MEMBERS PRESENT: John B. Hendricks, Mayor Helen " Happy"' Price, Vice Mayor/Comm issioner District I Nancy Hodges, Comm issioner District 2 Doug Andrews, Comm issioner District 3 Dave I lutson. Commissioner District 4 MEMBERS ABSENT CITY STAFF PRESENT: Robert Dan iels. C ity Manager C lara VanB largan, City Clerk Thomas Trask. Ci ty Attorney CALL TO ORDER Mayor Hendricks called the meeting to order at 5:00 p.m. I . ROLLCALL C ity Clerk C lara VanBlargan called the roll. Mayor I lendricks ca lled for a moment or s ilence fo r the l'amilies who had people that passed away in the recent condo collapse in Surfside, Florida. 2. P UBLIC COMMENT There were no public co mments. 3. AGENDA ITEMS A. Ordinance No. 2021 -10, Proportionate Share ordinance - 2 nd Reading & Public Hearing- Linda Portal, Community Development Director City Attorney Torn Trask read Ordinance No. 202 1- 10 by ti Lie only. ORDINANCE NO. 2021 -10 June 30, 202 1, BOC Special Meeting Minutes Page 1 of 7  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO AMEND CHAPTER 92, THE CITY OF MADEIRA BEACH PROPORTIONATE-SHARE DEVELOPMENT FEE ORDINANCE TO REGULATE THE USE AND DEVELOPMENT OF LAND IN THE CITY OF MADEIRA BEACH; _, IMPOSING A PROPORTIONATE-SHARE DEVELOPMENT FEE (IMPACT FEE) ON LAND DEVELOPMENT AND REDEVELOPMENT IN THE CITY OF MADEIRA BEACH FOR PROVIDING IMPROVED MUNICI.PAL CULTURE AND RECREATION AND PUBLIC SAFETY FACILITIES AND SERVICES NECESSITATED BY SUCH LAND DEVELOPMENT AND REDEVELOPMENT; STATING THE AUTHORITY FOR ADOPTING THE ORDINANCE; MAKING LEGISLATIVE FINDINGS; AMENDING ORDINANCE SECTIONS 92-2, PURPOSE; 92-10, DEFINITIONS; 92-20, COMPUTING THE AMOUNT OF PROPORTIONATE-SHARE DEVELOPMENT FEES; 92-21, INDEPENDENT FEE CALCULATION; 92-25, PAYMENT OF FEES; 92-26, DEPOSIT INTO TRUST FUND; 92-35, PROPORTIONATE-SHARE DEVELOPMENT FEE TRUST FUNDS ESTABLISHED; 92-40, USE OF TRUST FUNDS FOR CAPITAL IMPROVEMENTS; 92-42, USE OF TRUST FUNDS FOR DEBT SERVICE; 92-43, USE OF TRUST FUNDS FOR REIMBURSEMENT; 92-44, ANNUAL REPORT ON USE OF TRUST FUNDS; 92-52, APPLICATION FOR REFUND OF FEES PAID; 92-55, EXEMPTIONS; 92-67, BASIS FOR ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Community Development Director Linda Portal and Jerry Murphy with the University of South Florida reviewed the item. Mr. Mi11er recapped the discussion from the first hearing of the ordinance. Mayor Hendricks said he recalled they had decided on 30% with an increase per year the following seven years and to go into effect on April 1, 2022. Mr. Murphy explained his reasons for recommending the 70% and making it effective on October 1, 2021. He strongly recommends, sooner than later, that it coincides with the fiscal year just for financial planning purposes, accounting, and administering it. Mayor Hendricks said he would like to go ahead with the April I, 2022 date and then, on October 1, 2022, do the 10% increase. Mr. Murphy said that would be up to the Board. The ordinance requires an annual review, and that will be based on new data. The ordinance will be fine if they abide by it. The best way to do it is to coincide with the property appraisers when their data comes out. Someone will always complain about the I0% annual increase. Commissioner Andrews said the concept is great. They got the numbers recently, and he has a problem with that. The numbers must make sense. They still do not have any data from the other towns and what they are charging. Although Vice Mayor Price did some research, that is not her June 30, 2021, BOC Special Meeting Minutes Page 2 of7 job. Without data, they do not know what is fair. They are blindly following that the numbers are correct. That is why he is on the other side and wanted to make that known. Vice Mayor Price said she presumes that every county, town, and municipality implementing proportionate-share fees must go through the same analysis Mr. Murphy went through with their process. Mr. Murphy said it is not the same analysis, but there is an analysis required. They must have a ratio and a level of service. Madeira Beach is built out, so it makes sense to capture the increment of increase in the redevelopment of the very few opportunities for development on vacant properties in the City. That is why they are using the simple ratio in the ordinance because it made the most sense. The Commission and LPA have blessed that along the way. By the time the City gets to I 00% implementation or zero percent reduction, they will be in the process of doing another evaluation and appraisal of the comprehensive plan. It is a seven-year cycle for the comprehensive plan, and they have eight years based on the schedule in the ordinance now. Mayor Hendricks said he is fine going with April 1, 2022, since they committed to that at the first reading. But they can go ahead with the first reduction on October I, 2022. Then each October I from there on out. Mr. Murphy said he would make the change in the schedule of the ordinance. The Mayor said he did not want to be unfair to the people already in the works in the City. They had no knowledge about impact fees. Mayor Hendricks opened to public comment. Ray Kerr, 583 John's Pass Avenue, said he contacted Flagler Beach about their impact fees and was told they would not have impact fees if they renovated, demo, and rebuild within one year. If it is an empty lot, the impact fees total roughly $9,500. He explained his other research. Jerry had said they could not separate residential from commercial. If construction can be separated from reconstruction the way Clearwater has it, the problem is solved. Vice Mayor Price said that according to the City's plan replacing an existing building would have zero proportionate-share impact fees. Mayor Hendricks noted they would only have an impact fee if they increased the square footage from what they originally had. Commissioner Hutson said Linda had mentioned last time that because of setbacks and so many properties not meeting different rules, most places in Madeira Beach would be built out in less than a year. There will not be very many empty lots left. Mayor Hendricks asked for a motion. Vice Mayor Price motioned to pass Ordinance No. 2021-10, with the slight change that the discount percentage implementation by fiscal year begin on April 21, 2022, for the 70% discount, and then the 60% discount stays the same as written in the statute on October I, 2022, and then every year thereafter on October I. Commissioner Hodges seconded the motion. June 30, 2021, BOC Special Meeting Minutes Page 3 of7  ROLL CALL: Vice Mayor Price ··YEs·· Commissioner Hodges "YES" Commissioner Hutson "YES" Commissioner Andrews "NO" Mayor Hendricks "YES" The motion carried 4-1. 8. City Manager's Search - Commissioner Andrews Commissioner Andrews said for the sake of integrity if it pleases the Board that they ask Mr. Daniels to step out of the meeting. Obviously, he cannot add anything to the conversation. For the integrity of the whole process, they do that, but that is up to the Board. Commissioner Hodges said she did not feel that the City Manager needed to step out at the time. City Attorney Tom Trask said it is a public meeting, and he has the right to be there whether he sits in the audience or up there. They do not want to have to address that issue later. Commissioner Andrews said the ad looked fine but a little fluffy for his taste. After the parameters are set, they can go over what everybody wants to see in the document. It is important they discuss it because if he were applying for the job, part of his due diligence would be listening to a meeting like it to see what is expected of him. It must be seen as being above Board and unquestionably legit and completely transparent. It must be advertised as an open job requisition. As of September 1, Mr. Daniels's contract expires, and he is free to apply for the position or any other job in Madeira Beach or wherever. The Board decided to do a search for the best possible candidate, compile resumes, and compare them to Mr. Daniels. To attract blue-chip talent, they need to let everybody know it is an open requisition. That needs to be cleared up now. Commissioner Hodges asked if he meant opening to only Florida or nationwide. Commissioner Andrews said it would be open to everybody with the requirements they are asking for in the job listing. Commissioner Andrews said he heard from a few people outside asking who would be taking the job yesterday. Four years ago, he probably would have agreed with that assessment. The last one got banned by the ICMA, the next one got found guilty by the State of Florida for corruptly abusing his position, and then the last one turned himself into the ICMA and was publicly censured. It has turned into a high-level job, a greatjob again, so he thinks it will attract some top-level talent. How do they do it legitimately? Firstly, the current city manager cannot be involved in the process as an administrator. They need a confidentiality agreement signed by Mr. Daniels and anyone they choose to assist outside of their charter officer to sign one. If the HR Director does work for Bob directly signs an NOA, he has no problem with the resumes going to the HR Department. Sean June 30, 2021, BOC Special Meeting Minutes Page 4 of7 can visually pre-screen them, and the ones that meet the minimum requirements should be given directly to the Board of Commissioners. It is the Board's decision. Commissioner Andrews made the following suggestions: • There be no interviews that take place without a candidate with a Board of Commissioner in the room. • The job should be posted immediately and not three weeks from now . • They collect resumes for the next three weeks and then call a special meeting and go through the candidates to see who they would like to interview. • They then spend the next two weeks personally interviewing the candidates. They could choose to interview a candidate alone or have HR or a charter officer in the room if they are available. • Call another special meeting after that, review their notes. and vote on their next city manager. If his math is correct, that will get them to around August 15. • They can then negotiate a start date~ salary contract, etc . • He would love to have the Board approve them before they approve the final budget. Mayor Hendricks asked the City Attorney if there would be a problem with the confidentiality agreement proposed. City Attorney Tom Trask said they are subject to the public records law. So. no, the confidentiality agreement will not work because the public will have the opportunity to review that agreement. He does not feel comfortable with that, and he sees no problem with a non-disclosure agreement. The other aspect of it is fine. He does not see anything illegal or improper about it. He does not think the timing would work out, but that is something staff should be working on under the direction of the Board. In going over the ad, Mayor Hendricks said he would like to add that they need a strong candidate in finding and obtaining grants. There are a lot of them that they need to push for. They are applying for some. That will be a major thing to push for, particularly going towards a high and dry if it materializes. Vice Mayor Price said they were given two job announcements that seem very similar with slight changes. She asked the difference. Is one the old one and the other the proposed one? HR Director Sean Lilly said yes, the one with the dates on it is the old one. Mayor Hendricks noted Page 22 is the new one. City Manager Robert Daniels said when he decided that he was going to apply for the position once it is posted, hopefully, the decision has not been made already, he took himself out of any involvement with it other than the fact of advising Sean Lilly that time is of the essence to move the process along. He will not, in any way, be involved in the process unless the Commissioners should ask him a question or Sean should ask him a question, but nothing involved with the process. Historically, if somebody applies as a current city manager somewhere, generally, the rule June 30, 2021, BOC Special Meeting Minutes Page 5 of7 of thumb is a four-week notice. So, his only suggestion to the Board is to give Sean the go-ahead to move forward ASAP, whatever is decided at the meeting. He has already taken those steps and explained that to staff, and he has also explained to the Mayor that he is distancing himself from the process. Mayor Hendricks said, regardless of the Commission on it, if Mr. Daniels is not selected, and if it runs longer than September 1, he would like him, if he is available, to stay as an interim until getting someone in there. He would like a smooth transition where he can be able to fill in his replacement. Vice Mayor Price said she agrees with that if a decision is not made in time. Mayor Hendricks asked Mr. Daniels how he felt about it. The City Manager said he is open to that, he wants to be there, but he understands. He cares for the City so much that he will hang in there to go through whatever they want to do. Mayor Hendricks said Bob has worked well with him over the past year and wanted to thank him for all he has done. Vice Mayor Price said one part of the job description needs a little tweaking in the fourth paragraph, which states that the City Manager must be a member of ICMA. She asked to change that to say they must be or be very soon thereafter become a member because they need them to become a member. The Mayor said they must be according to the Charter. The City Clerk said the language in that paragraph is exactly how it reads in City Charter, Section 5.2. It reads, "The City Manager must be a member and maintain membership in good standing of the International City/County Management Association (ICMA) and Florida City and County Manager's Association (FCCMA)." Vice Mayor Price said they should be able to apply and then become a member before they hire them. She suggested changing it to read, "In closing, the candidates must be eligible to be a member of it prior to hire." or something like that. As it reads now, they would be shrinking their candidate pool, and she does not want to do that. She wants to be able to explain to a candidate that they do not have to be a member at that moment. They can hire them, they can become a member, and then they can start work. The Board agreed with that change. Commissioner Hutson asked what they saw for timing. Vice Mayor Price suggested posting the ad by July 1. She did not know if three weeks would be enough time to allow for applications. They must get the word out, and it is not going to be immediately known. Commissioner Andrews asked if members of the Board were prohibited from actively recruiting people and the City Attorney said no. They need to give an opportunity to do a background check on each one of the individuals. They might find out that someone has applied, they are a great candidate, but they had been convicted of child molestation in some other city. They need to do the background checks before they get so far along before the Board decides whether they should June 30, 2021, BOC Special Meeting Minutes Page 6 of7 be in the process. They need to rely upon Scan to do that and give him some timeframe to do it. Mr. Li lly said it takes him fi ve minutes to order it, but it is based on the agency. Following di scussion. The Board dec ided the fo llowing timeline fo r the application process: • Post the ad on July I. • The c losing date fo r accepting applications is Ju ly 30. • The fo llowing Friday, on August 2, the Board gets packets o r the candidates that qualify . • Decide the top ca ndi dates al a special meeting on Monday. August 9 at 2:00 p.m., they want to interview. • Sean docs background checks on the candidates chosen to be interviewed. • Spec ial meeting on August 6 lo go over the applications. • Interview candidates on Tuesday, August I O thro ugh Friday. August 13. • On Tuesday. August 17 al 2:00 p.m .. they do a vote Mayor Hendricks asked for clarificati on that all the meetings arc at 2:00 p.111. Vice Mayor Price conlirmed yes. The Board agreed to add the grant criteria in the job description. changing the ICM/\ requirement language. Vice Mayor Price po inted out a change she wanted to be made on the job descripti on. About halfway down in the center and six lines down. change ··one or the most un ique shopping destinations.. to --shopping and entertainment." That would descri be John's Pass better. In the very fo llowing sentence. which reads, "The Board o f Comm issioners cons ists of fi ve e lected offi cia ls who each serve two-year terms along with a mayor who serves a three-yea r term.", the word "a long" should be changed to "i ncluding the mayor. " T he Board consented to the changes. Mayor Hendricks asked lo r public comment. and there was no pub lic comment. 5. ADJOURNM ENT Mayor I lendricks adjourned the meeting at 6 :07 p.m. ATTEST: June 30. 202 1. 130C Special Meeti ng Minutes Page 7 of 7