Board of Commissioners Workshop Meeting

THE CITY OF MADEIRA BEACH, FLORIDA PUBLIC NOTICE BOARD OF COMMISSIONERS WORKSHOP MEETING The Board of Commissioners of the City of Madeira Beach, Florida will meet at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida to discuss the agenda items of City Business listed at the time indicated below. 2:00 P.M. Tuesday, October 22, 2013 Conference Room CALL TO ORDER ROLL CALL MEMBERS PRESENT: Travis Palladeno, Mayor Terry Lister, Vice-Mayor Nancy Hodges, Commissioner District 2 Elaine Poe, Commissioner District 3 Pat Shontz, Commissioner District 4 STAFF PRESENT: Shane Crawford, City Manager (CM) Thomas Trask, City Attorney (CA) Aimee Servedio, City Clerk (CC) Dave Marsicano, Central Services Director (CS□) Vince Tenaglia, Finance Director (FD) 1. TOPICS A. DISCUSSION ON POSSIBLE REFERENDUM QUESTION FOR PROPOSED CHARTER ON CITY CLERKS POSITION City Manager Shane Crawford, Commissioner Elaine Poe Commissioner Poe: I have a lot of conversations with Aimee and when it comes to this job, Aimee gives 175% to the job but she still needs even more support from the board or made part of the city. That's what it basically falls down to, the stress of the current situation is high, she doesn't have a backup, and needs more support. CM: CC and I have discussed this, remember, the Board can't make this decision, it has to be changed through a referendum. The public should be educated and made aware of the situation. The change that would be implemented would change how we work together now, at the moment we do the daily operations together. Even though I supervise in a sense, at the end of the day, she is not my employee. The heart of the matter is structure for how we operate. At the moment, things are working smoothly, we get along well and manage, but if something changes, the concern is for the future and future employees' interaction. A team spirit is important and should be promoted now and in the future. My staff recommendation: CC and I won't say what we should do; we suggest the Board becomes educated through a presentation from other CMs about how they structure their staff. We really have to look at the fundamentals and should have an outside expert come in and weigh the pros and cons. Mayor Palladeno: Mr. CM, you've had contact with Edmunds in Seminole, I've also been familiar with how they've made the change by taking the CC out of a 'political' position and it works well. Find out if Edmunds or Coward would be interested in giving the presentation and providing outside views. 1 BOC Workshop Meeting 10/22/2013  CM: I'm not looking for a department to supervise or a raise, this is about how the city is organized. November is a tricky month with many meetings, but I've been in contact and the presentation could be held on the first Tuesday of November. Mayor: How does everybody feel about watching a presentation? Consensus is positive and many think ifs a great idea. V-M Lister: I'm interested but not completely on board yet, but could we also get some other City Clerks too, to get their viewpoint on the matter as well as the City Manager? CM: This doesn't have to be something done overnight, it will take time after the referendum if it's passed. We could get other CC opinions; I have not made those contacts yet because I wasn't sure how far the Board would want to pursue this. Denise could be a great one, we'll see if we could get her to speak. We will get in contact with other clerks to also weigh in. It wasn't too long ago you needed a CC to perform many of the administrative assistant duties on the board. Today we are more sophisticated and what was administrative is more micromanaging today. When the CC needs to know what to get accomplished today for what will happen tomorrow, we need to know how to go about it and what the policy of the office should be. I don't want to give her direction that the Board is not in agreement with. As CM I need to know how we want to structure the positions. We have a Special Meeting scheduled for 3:00 p.m. on November 5, the Special Presentation will be the same day, from 4:00-5:30 p.m. with visiting CC and CM followed by a 6:00 Regular BOC Meeting. Then to finalize on November 19 there will be a Regular BOC meeting. B. UPDATE ON CITY PUMP OUT ORDINANCE City Attorney Tom Trask (Was moved to the end of the meeting because CSD Dave Marsicano was delayed.) CA: Under current state law, we cannot legally do any marine sanitation device regulation. Even though there may be other ordinances in other cities, I do not believe it is legal to do so under State Statute 327.60. We can provide a service but if we create an ordinance, we could be put in the position to face litigation. Commissioner Poe: What are our options? CA: We can post a notice on boats and tell them to comply with state law or tell them there is a legal requirement to do the pump out under law. Tell them they can be put under sanctions from the state but I don't see what we could do besides notification. Mayor Palladeno: We could have our deputies policing and notifying these vessels. CA: Commissioner Poe came up with a very good placard and can be used with slight modification. Commissioner Poe: Our biggest problem right now is that even if they have these holding tanks, they aren't going to Dave to have them pumped out so they wait until night to dump into our waters. We need something in our books for the police to enforce. CSD: We have the same issues of enforcement, how do we prove that they are actually dumping? We can stay on the state authorities and continue to monitor. Commissioner Poe: What can we do about people living on boats behind houses? CA: We can regulate them at docks and such, but we cannot pre-empt state law. Mayor Palladeno: It's a matter of rights of water-way, water jurisdictions, and where the lines are drawn. The lntracoastal Waterway is composed of three or four jurisdictions such as the county, city, school district, etc. There is a property share between Madeira and the school system. BOC Workshop Meeting 10/22/2013  Gary Rouss: I've brought pictures of pollution and sewage from the sea wall. I was first involved in this 18 months ago trying to get this addressed. (Presented his ideas about possible solutions on paper.) The ordinances need to be enforced. Even if you place a placard, it won't matter; they already know it's illegal. I've done testing for bacteria in the water and the levels are high above safety standards. Mayor Palladeno: We need to work with Publix and McDonald's. What is happening is that these people are parking there, tying their dinghies up to the dock, and driving to work for the day. CM: We can place in things we can enforce such as not allowing overnight parking or chaining bicycles overnight in order to deter the behavior by making it inconvenient for violators. There are signs up, but are there ordinances or codes to back up the signs? As far as bacterial contamination, there is also a utility issue with piping and underground sewer to consider. CA: Maybe we could create some kind of incentive program: if you pump out you get 10% off gas, etc. CSD: Some are just lazy and even if you gave 40% they still wouldn't comply. Commissioner Shontz: We need to start campaigning to Tallahassee and get their attention. Commissioner Poe: How are we going to educate the public? I have a lot of information but I don't want it to get ignored. CM: We can work with the state, the marine unit, etc. but a lot of this education will be under administration responsibility. CA: For the placard modifications, we'd want to cite specifically the statute provisions word for word and highlight "It is unlawful" in red, and other places the eye will naturally be drawn to. Also, in regards to woridng with Publix and McDonald's, we can probably get a limited power of attorney to tow the vehicles that belong to the violators using the parking lots. If we didn't get the power, we'd have to get permission every time we wanted to tow because it's a private lot. I'll be able to make that contact, but I feel that the CM should do it with me to make it more official and a municipal favor/cooperation. Poe: What we have now is a start but we will have to follow up on those living in boats behind houses. We'll start with the simple things and what we can actually control. C. UPDATE ON CITY RENTAL INSPECTION ORDINANCE City Attorney Tom Trask CA: On the last meeting, there was a significant discussion on tne Daytona Beacn rental inspection program and their ordinance and the question was raised whether we should modify our code to the provisions as in Daytona Beach. In Chapter 14, it talks a little about the inspection process. We reviewed the City code and Daytona's and we could modify our code with additional language such as permitting, inspection fees, applications and the like. It's my recommendation that you allow me to prepare the modifications to include those provisions in the Daytona Beach code. I have provided a format of strike out/under1ine so the changes are more visible and clear. The additional provisions will include fees and consequences if inspections are not passed. I'll bring it to the next regular meeting for discussion. I'll go ahead and scan the Daytona Beach ordinance so the board can read it, and in the next meeting if there are any questions or further changes, we can discuss that. Commissioner Poe: I have been asked if we would also like to send out business tax receipts and give notification beforehand when an inspection will take place to prepare. CA: We do have that form to attach what the inspector will be looking for when the business tax receipts are sent out. Commissioner Poe: I have had a lot of positive feedback on this from citizens. People are calling left and right saying "It's about time." BOC Workshop Meeting 10/22/2013  CA: I would like to add, the cities of Dunedin and St. Pete Beach are also looking into this, so the City of Madeira is the forefront of this change. Commissioner Poe: Chronic nuisance is slowing down because landlords are explaining to tenants that they are out if they violate. We are now getting more middle-of-the street drug dealing. This is a tri-fold ordinance: it will cover code enforcement, property inspections, and parts of the chronic nuisance. Tampa is also really busting the city up with these inspections and really having great success with them. CA: I'll provide copies of these 7-10 days before the Regular BOC meeting and will scan the changes and important code sections. D. DISCUSSION ON CITY WIDE RECYCLING AND ASSOCIATED FEE City Manager Shane Crawford CM: I understand there is a political and administrative reason for everything, but recycling came in approximately $35,000 more than expected. About a year and a half ago, we decided to provide recycling service for free to the user. What that meant at the time was a $75,000 deficit by giving it away but we didn't raise our millage rate. There are problems that unfold: users and condominiums can call one time a week or a hundred times a week for recycling pick-up and we would pay for it as a city. The concern is we have no control over this. Secondly from a management standpoint, I want to promote recycling, can we require our citizens to recycle? CA: Yes, you can require it. CM: My recommendation is to return the burden, now about $2.50, to the user. I, however, don't think you should do this right now, I recommend that you make a transfer from the General Fund to cover this year and reevaluate this for the future. A year and a half ago, we were more passive and not doing a lot of projects - doing this was a way to serve the public. Now we are involved in many more, bigger, progressive projects and the cost of the recycling is much more of a difference in the budget. FD: As a correction, the deficit would be covered by the sanitation fund, not the general fund. Sanitation has a budget for recycling, but the bid came in at about $35,000 higher than we expected. V-M Lister: When we originally did this, it was also as a means to help reduce the regular garbage tonnage for the city. Did we do that? FD: I would estimate that it hasn't really, but 1can get something together to see exactly how tonnage has been affected. CM: This does include recycling on the beach, which you haven't done in the past. There would now be recycling cans by the walkovers on the beach, which could reduce the tonnage. We'll assess the fee, but I want to be very sure about hiring, but I think filling a sanitation position or two would benefit and save more than the temps we have now. V-M Lister: Fees also get increased by Pinellas County, and this has really hurt us. CM: Five dollars every other month is still money. The recommendation for now is, since this was unexpected, cover it and reevaluate the program. The ability to invent new revenue is really limited; I think this is a small price to pay. We are a very accommodating city, we will pick of couches, refrigerators, etc., and this next year is going to be tougher. V-M Lister: Could we regulate abuse by users and condos? CM: I don't know how we'd do this, we could call them up and tell them but it's hard to do. I don't know how you would develop an effective way to calculate usage and abuse. BOC Workshop Meeting 10/22/2013  There was consensus with the board and staff recommendation. CM: The next meeting will have a budget amendment and the new lowest bid is the same, so the transition for users will be simple. There will be an early Thursday pick up on Thanksgiving. E. DISCUSSION ON WEBSITE POSTING City Manager Shane Crawford, City Clerk Aimee Servedio CM: Mr. Dick Lewis is in the audience with an opinion and will contribute. Creating unnecessary documents costs us to maintain/reproduce and is a bad thing for the city. We've been trying to cut down on document production while maintaining transparency and accessibility to users. What we are required to post and what our citizens need are two different things. The only requirement is to post the agenda. I agree with Mr. Lewis to an extent. I don't think we should post the entire agenda packet, but making ordinances, resolutions, minutes (if they're ready) is a good idea. Anything on a policy standpoint should be posted. What we don't need are items such as permits, letters, etc. (which will be provided upon request). CC: Trying to scan that many documents on a website we're having trouble with is time consuming and very extensive. CM: We shouldn't be spending hours on posting documents and packets that can number hundreds of pages. We are trying to provide information that is clear and understandable to the public. If additional documents are desired, they are public record and can be obtained through citizen request. Dick Lewis: Asked for more openness in advance to prevent more citizen call and contact. He opined that a synopsis or brief form and fee changes or amendments should be posted as well. Also wanted more information for the agenda and what the meeting actually intended to do so a citizen can decide if they want to attend. It boils down to providing people information online that helps them decide if they want to pursue the topic and attend the meeting. There is a middle ground somewhere. CM: To the BOC defense, we talked about fees at a workshop and would a citizen really want to come to an additional meeting? We get our agendas and packets out early enough for you to digest it. We need to post Agenda, Meetings, and Policies. If it is too vague, there is enough time to contact and get further information. Marilyn: This is the reason I came to this meeting. The first time the agenda came out, I called about the backup. The CA advised that the only thing required to post was the agenda, and the CM said that a new website was being worked on. I do think that if there is going to be a vote on something, it needs to be posted on line. It's the responsibility to provide as much information as possible. While there may not be hundreds who read the website, there are those of us who do and want those backups to be online. CM: We are paid well, and do have to respond to citizen inputs and request, but we do not have a lot of support staff here. There should be some controls. The agenda is also vague because it leaves room for discussion and doesn't limit meeting topics that could be pertinent. I do think it is important to show your policy and post it for everyone on the website. There is very little downside and I am in favor of posting the minutes, agenda and policies. The decision you make, doesn't have to be set in stone. Commissioner Hodges: Could we make a few extra packet copies available in City Hall? CM: Yes, we can definitely do that. The packets are made available at the meetings but we can add these beforehand for those who wish to read them prior to the meeting. There was a consensus on omitting full meeting packets and posting agendas, minutes, and policies. F. DISCUSSION ON PSTA UMBRELLA BUS STOPS Vice-Mayor Terry Lister, City Manager Shane Crawford sl BOC Workshop Meeting 10/22/2013  V-M Lister: I wanted to find a way to standardize covered bus stops/beach shelters and thought about a beach umbrella design. I'm working with PSTA and they will pay as long as the designs meet their specifications, but as of now, they are rejecting the umbrella design. They will pay for the designs they've created. Mayor Palladeno: Orlando has umbrella designs; could we get in contact with them? CM: That's not the issue. We were able to get the 50% grant match and approved 40 bus stops in the city. If we can get a design that's affordable, we can still do it and maximize the money from PSTA will assist with and standardize a consistent branding. The money we would spend would go with the Gulf Beautification funds from the Big C. We need to consider what we would need for the bus stop or make a separate application from Big C to only be used for the Archibald undergrounding. Gary: I came lo talk about this, we have a bus stop by Johns Pass, the biggest bus stop going south and we're cleaning cigarette butts and the garbage can there. CM: There are some bus stops that aren't covered but people still congregate at and around them. Let us know if it continues to be a problem and you need some help with that. (Citizen responded that it was not a big deal, they're already doing it).) G. DISCUSSION ON PROJECTS IN JOHNS PASS VILLAGE City Manager Shane Crawford, Central Services Director Dave Marsicano CM: Something as simple as installing a sound system has become challenging. We've been drawing a certain amount of electricity and there is proof that we owe them money. We'll have to install a new electrical system and doing this the right was takes time and money. It needs its own electrical service. Mayor Palladeno: Have we been in contact with Duke? Melissa? CM: Duke Electric has been paid, but paid by the wrong person. They aren't concerned with the issue. We need to expend and upgrade the electrical service but it's complicated and everything is mixed up. My goal is to have the audio system set up for the whole village. The engineers estimate it will be three times what we initially expected and we need to get that more figured out. We have asked, but they will not give us a power hub at the Bell Tower. We are at the point where we know we have to push forward. H. UPDATE ON PERSONNEL RESTRUCTURE OF COMMUNITY DEVELOPMENT DEPARTMENT AND BUILDING DEPARTMENT City Manager Shane Crawford CM: Development and progression is the secret to our success. Our Permit Technician resigned and the position will need to be filled. I want to upgrade the position of Permit Tech to Associate Planner/Permit Tech and recommend that the pay be advertised at $18-22 per hour to attract qualified candidates. I also recommend contracting a permanent, full-time Building Official. The Building Official will report to me and the Permit Tech to the Building Official. The jobs should be advertised between $55,000 to $75,000 which will keep us in budget and attract qualified candidates. We've done about 12 major building projects in the last 12-18 months. I'm asking for the Commission's support for my recommendation to add these positions. Mayor Palladeno: The money coming in from the building permits can only be spent in building so the money is coming back from the construction and development. CM: With all these projects, we haven't been at the point of inspections yet and this is another responsibility for the Building Official. This is all budget-neutral. Lynn was hired to be Planner and needs to get back to just being a Planner. Staff is picking up these responsibilities and doing these jobs along with their actual job tifle. The workload is significant, at least in the next five years for the Building position. As the workload changes, we can change the official to part-time or recruit other nearby cities. sl BOC Workshop Meeting 10/22/2013  2. ITEMS ON DECK FOR NEXT WORKSHOP Items on deck were really only put forward because we need to work on them but we are currentiy inundated. I recommend that for December, we only have on BOC Regular meeting on the second Tuesday of the month. Unless we absolutely need it, don't bring up any new business for the next few weeks so we can catch up. The Building Official will begin work by the first Monday of January (January 6111, 2014). Hodges: A lot of feedback on the Crystal paving and the timing during the holidays. I'd like to give out the informational flyers about the meeting door to door. CM: Perception is everything, the public needs to know the infrastructure, piping, etc underneath needs to be replaced and updated. Even though it looks fine, there are underlying causes for the work. We'll make sure a notice is sent out to all Commissioners for a meeting on Thursday 11/7 at 8:00 p.m. 3. ADJOURNMENT: The meeting was adjourned at 4:04 p.m. Date Approved:_~l\_-_\~9~- -' ~ - - - r Travis Palladeno, Mayor Submitted by Aimee Servedio, City Clerk Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The law does not require the City Clerk to transcribe verbatim minutes; therefore, the applicant must make the necessary arrangements with a private reporter or private reporting firm and bear the resulting expense. Jn accordance with the Americans with Disability Act and F.S. 286.26; any person with a disability requiring reasonable accommodation in order to participate in this meeting should call 727-391- 9951 or fax a written request to 727-399-1131. Posted: September 30, 2013 Televised live on Channel 615 BOC Workshop Meeting 10/22/2013