Board of Commissioners Workshop Meeting
Regular MeetingMadeira Beach, FL · January 22, 2019
Minutes
MINUTES
BOARD OF COMMISSIONERS
WORKSHOP MEETING
MARINA FORENSIC AUDIT REPORT
JANUARY 22, 2019
A workshop meeting of the City of Madeira Beach Board of Commissioners was held at 2:00 p.m.
on January 22 , 2019 in the Patricia Shontz Commission Chambers at City Hall, located at 300
Municipal Drive, Madeira Beach, Florida.
MEMBERS PRESENT: Maggi Black, Mayor
Deby Weinstein, Vice-Mayor/Commissioner District 1
Nancy Hodges, Commissioner District 2
Nancy Oakley, Com missioner District 3
John Douthirt, Commissioner District 4
MEMBERS ABSENT:
CITY STAFF PRESENT: Jonathan Evans, City Manager
Clara VanBlargan, City C lerk
Ralf Brookes, City Attorney
1. CALL TO ORDER
Mayor Black called the meeting to order at 2:00 p.m.
2. ROLL CALL
City Clerk Clara VanBlargan called the roll.
Mayor Black opened to public comment.
Doug Andrews, 90 14151 Avenue, following up on an email he sent to the City, asked if the other
tlu·ee candidates running for Commission would be allotted the same amount of time as
Commissioner Douthi11, who is also a candidate, to question the auditors. C ity Attorney Ralf
Brookes explained the question and comment process, and said that following the presentation of
the auditors, and the question and answering portion of the meeting, everyone would be given
additional time to ask questions from the podium.
3. TOPICS FOR DISCUSSION
A. Marina Forensic Audit Report - Glenn Gillyard and Ben Kincaid, representatives from
Carr, Riggs & Ingram, LLC (CRJ)
January 22, 20 19, BOC Workshop Meeting Minutes - Marina Forensic Audit Report Page 1 of 12
City Manager Jonathan Evans turned the meeting over to Glenn Gillyard and Ben Kincaid,
accountants with Carr, Riggs & Ingram, LLC (CRI), to begin their presentation.
Mr. Gillard gave the background history of their company.
Mr. Kincaid explained that his presentation was an overview of the Forensic Examination Report
and encouraged everyone to read the complete examination report in its entirety. He explained that
during the last fiscal audit performed by the City's external auditor, red flags were identified during
their analysis performed on the marina operations and recommended that the City have a forensic
examination of the marina to be done. The City looked at some of the internal controls and realized
additional concerns, such as inoperable cameras. From among the accounting firms the City
contacted, CRI was asked in June 2018 to look at the operations for an amount up to $15,000 to
see if the red flags were of concern. During the performance of the initial procedures, some items
of concern were identified and based on that information, the City Manager requested approval for
CRI to complete a full forensic examination of the marina and the Board of Commissioners
approved that request. The period for review discussed was from February 2015 through August
1, 2018, which is when CRI did their initial field work at the City.
Wet slips and dry storage overview
During the PowerPoint overview of the Forensic Examination Report, Mr. Kincaid showed
satellite overviews of the marina, showing the layout of the marina, dry storage areas, wet slips,
ship store, and an area for the Public Works Department. Three of the areas of concern discussed
were the wet slips, dry storage area, and late fees. The marina has two types of customers and they
are long-term customers who stay at the marina more than 30 days and the transient customers
who stay less than 30 days. Agreements that customers are required to sign are maintained by the
marina in hard copy, not scanned, and not provided to other City departments. Review showed
those contracts lacked completeness, such as signatures, customer information, billing rates, and
boating information. In the billings, there were incorrect postings, transients billed at long-term
rates, inaccurate billing rates, and invoices that were voided and deleted six months after the
original invoices were assessed. Out of 295 monthly dry storage renters identified during the period
of review, there were only six of those renters billed the correct transient rates, which are higher
than the rates charged to long-term customers. Marina staff had indicated that there were no special
discounts provided to anyone, including employees. There is a long waiting list for wet slips and
dry storage areas at the marina. Some spaces are kept for transient customers because the rate is
higher, and they are constantly overbooking.
Wet slips overview
Per the City's website and CAFRs, the marina has 93 wet slips available for rent. However, the
physical count of the wet slips at the marina showed less. According to the marina's wet slip
permits from the Florida Department of Environmental Protection (DEP), it was determined that
the City is authorized to have 93 wet slips, of which 85 can be rented. Because of the different
configurations made at the marina, it was determined that there are 72 wet slips available for rental.
The required lease and permit requirements for live aboard rentals authorized on Dock A is that
90% of the wet slips must be publicly available for rent on a first come, first serve basis and limited
to a six-month stay during any twelve months, and the marina must maintain 10 boat lifts. The
marina was in compliance and there were only 8 out of the 10 required boat lifts at the marina.
January 22, 2019, BOC Workshop Meeting Minutes - Marina Forensic Audit Report Page 2 of 12
Marina staff indicated that they are no longer accepting new live aboard renters and that had
stopped a year ago at the time of the audit review. However, according to the data reviewed, there
were several new live aboard renters identified in the last several months at the point of their review
and they were not being assessed the required vessel inspection fees as mandated by the fee
schedule authorized by the Board of Commissioners. Mr. Kincaid explained that the marina
verification of the wet slips showed that there were no lists used to verify vessels, no
documentation of count, and wet slips were not identified. Within the wet slip conclusion, there
were variances between the actual number and the billed number of wet slips. An average of 4 wet
slip customers were historically not charged on a monthly basis, approximately $56, 520.64 in lost
revenue occurred over the 44-month time period of their review, and the exact cause oflost revenue
was undetermined due to lack of controls and documentation.
Dry storage overview
Mr. Kincaid provided an overview of the dry storage findings. The marina maintains a dry storage
area. The property is secured by a fence with two entry gates, one for the marina and one for the
Public Works Department. They are secured by a key pad entry system and the gate code is for
everyone, such as an employee, transient customer, and long-term customers, and is rarely changed
by marina staff. The gates are occasionally left open overnight and that, along with the gate codes,
allows unauthorized people at the marina. Boats, trailers, and other small non-motorized boats use
the dry storage space. There are no distinguished spaces for the dry storage users, lack of
documentation for the wet slips' storage, no documented physical counts, and although the trailer
hitches are marked to identify customers, no one goes back and compares those names to what is
actually billed in any given month. Similar to the wet slips, they had relied on various historical
satellite imagery within their analysis because of the level of satellite imagery. They excluded the
billings and small dry storage boats from the analysis because they could not accurately determine
how many of those smaller vessels were at the marina based on unusable satellite images. Based
on conversations with marina staff, they excluded certain boats and trailers that were attached to
vehicles that may not have been utilized in the dry storage areas. They performed detailed
reconciliations on all data that was available to them. There were occupancy issues located outside
the marina gates. Within the dry storage conclusion, there are variances between actual number
and billed number of customers. There was an average of 14 to 18 dry storage customers not
historically charged monthly, there was approximately $80,597 to $103,625 in lost revenue over
the 44-month time period of their review, and the exact cause of lost revenue was undetermined
due to lack of controls and documentation.
Late fees overview
Mr. Kincaid said that regarding the late fees for both the wet slips and the dry storage areas, fees
are required to be paid before the 15 th of every month. Finance staff had to continuously remind
marina staff to assess late fees to the marina customers and out of the total fees that could have
been assessed to marina customers, only 11 % were actually assessed late fees. Part of that was due
to an informal late fee policy that was established by the former finance director, who formally
requested that the marina staff to not assess any late fees until those customers were three months
in arrears. Other issues regarding assessing late fees existed. Looking at the 11 % of the late fees
that were assessed, only 33% of that total was actually collected by the marina and by the City.
Without considering the informal policy that resulted in at least $33, 370 in lost late fee revenue
to the City, just considering the first month in arrears.
January 22, 2019, BOC Workshop Meeting Minutes - Marina Forensic Audit Report Page 3 of12
Fuel sales and transfers
Regarding their findings on the fuel, Mr. Kincaid explained the fuel sales, fuel transfers, fuel
inventory, fuel discounts, and marina employee purchases. The marina does provide unleaded and
diesel fuel sales to marina customers. In reviewing the sales price per gallon that were sold to
marina customers, there were 28 exceptions where marina customers were not charged similar or
comparable price per gallon as other customers on the same day or in the same period. With the
28 exceptions, it resulted in an additional $634 in lost fuel revenue. The marina's fuel pump system
does not allow for any pre-payments of fuel or credit card holds. Customers would have to go into
the ship store to request the pump to be turned on, go outside and pump the fuel, and then go back
inside to pay for the fuel. Some customers did not pay and that had to be collected by marina staff.
The City does purchase fuel for its equipment and vehicles via fuel cards issued by the City, and
one exception to that is for the Fire Department's jet skis. Those are allowed to be refilled at the
marina. In review of the general ledger, they identified other departments, including the marina,
had utilized the marina's fuel system to pump fuel for equipment and vehicles. There was also
general lack of review of those interdepartmental transfers and sign-offs on those.
Fuel inventory
Mr. Kincaid explained that because of the numerous purchases of fuel at the marina they provided
a bulk purchase order for all three of the City's fuel vendors at the beginning of the fiscal year.
Each time the marina or City requested more fuel, they obtained a verbal fuel quote from each fuel
vendor, and based on that, they ordered from the vendor that provided the lowest cost. According
to the City's purchasing policies, fuel quotes are to be documented on requisition forms before an
order is placed, and it was found that most were completed after the fuel was ordered, delivered,
and invoiced by that fuel vendor. Most of the quotes did not agree with what was listed on the fuel
invoices. There were issues raised regarding other areas by the Finance Department surrounding
the marina operations. When questioned by the Finance Department, most of which are confirmed
by email, they were requested to defer to the marina management by the former city manager,
Shane Crawford. This prevented some of the follow-up instances at the marina. There were lack
of fuel readings and documentation concerning fuel deliveries by marina staff and one of the
comments made by them during an interview was that they can account for every drop of fuel at
the marina because of the implementation of the best fuel management system available. The
Finance Department staff indicated that there were reconciliation issues with what showed in
inventory than what was actually in inventory. In some cases, those variances were significant.
There were limited attempts to address those reconciliation issues and the reasons given for the
discrepancies did not jive. They performed their own fuel inventory and recalculations, and two
significant variations. A fuel vendor had billed the City twice for the same order, which resulted
in $27,000 in overpayment by the City. There were also fluctuations that could not be determined
due to lack of documentation.
Mr. Gillyard said the City recovered the $27,000 overpayment from the vendor.
Fuel discounts
Mr. Kincaid explained that in the fee schedule approved by the Board of Commissioners, it showed
that there was a lack of authorization prior to the most recent fee schedule adopted on June 12,
2018. The City Clerk's research confirmed that, and that there was no authorization for those type
January 22, 2019, BOC Workshop Meeting Minutes - Marina Forensic Audit Report Page 4 of 12
of discounts prior to the fee ordinance adopted on June 12, 2018. During the review period from
February 1, 2015 through June 12, 2018, it resulted in approximately $327,126 in unauthorized
fuel discounts provided by the marina, and that was not authorized by the Board of Commissioners.
They did additional procedures on the fuel discounts and it was determined that over 90% of the
marina customers received at least one discount and 29% received at least two discounts. There
were numerous overrides of the $0.20 per gallon rates. When asked how the marina documented
that eligibility, marina staff stated that they know who qualifies for the discounts. In going over
the overridden or error rates, they identified that a little over 1.65% were overridden on the 50+
gallon discounts, almost 3% on the Boat US discounts, and a little over 13% on the commercial
discounts. That resulted in approximately $11,104 in lost revenue to the City. Because of the lack
of documentation, the only fuel discount that they were able to test the eligibility on was the 50+
gallon discount. They identified that almost 38% of those that received the 50+ gallon discount
was not eligible for that discount, which is in addition to the previous error of 1.65% and resulted
in $5,000 a month in lost revenue. The $11,000 and the $5,000 number is not in addition to that
previous number of$327,000. They thought it was important to note the amounts to the City.
Marina employee fuel purchases
Even though marina staff had indicated that there were no favors or special deals to City staff or
to anyone else, they reviewed the available credit card receipts and there were 67 fuel sales to
marina employees and to now former marina manager. Within the 67 fuel sales, it was identified
that 48 fuel sales provided to them exceeded the maximum discount rate of $0.30 per gallon. Some
of those were commercial discounts, which resulted in a $0.40 fuel discount rate per gallon. That
resulted in $253 questionable fuel discounts to marina employees.
Boat launch ramp overview
Mr. Kincaid explained that within the boat launch ramp fees, it is conducted by the marina on an
honor system, hoping people are honest and pay the required fees. It was indicated by marina staff
that it was due to lack of man power, especially on busy days. The boat launch ramp is not visible
from the ship store. The annual fees did not increase as expected as seen with other marinas but
decreasing. When comparing the 2015 percentage rate to the year-to-date, FY 2018, that would
result in $1,748 in lost revenue during October 2017 to July 2018. That number is not notated in
their final conclusion due to lack of documentation and information during the timeframe of
review.
Ship store sales
Mr. Kincaid explained that on the ship store sales, marina staff provide a variety of merchandise,
such as snacks and drinks at the marina, and they typically try keeping a 20% to 30% margin on
those goods, but they do not keep any type of perpetual inventory system. The only inventory
count done was at fiscal-year-end. All store sales are recorded under ship store income and because
of some of the similar rates among similar items, they were not able to identify what type of items
were sold at the marina. Just looking from an overview of the ship store operations, most of the
actual gross profit at the ship store was within the stated gross profit margins, most of the ship
store sales were captured at the marina. Similar to the fuel sales at the marina, it was identified that
there were marina employee purchases totaling $10,378 during the period of October 2016 through
July 2018.
January 22, 2019, BOC Workshop Meeting Minutes-Marina Forensic Audit Report Page 5 of12
Internal control recommendations
Mr. Kincaid explained that out of some of the internal control recommendations, they
recommended 25 of them for the City to implement at the marina operations. Some of the
recommendations require time investments by the City, such as additional staff, staff training, and
implementing new policies and procedures, and some of the recommendations require capital
investments, such as cameras, fuel systems, and a marina accounting system.
Property demolition overview
Mr. Kincaid explained that during the performance of their initial procedures, they were asked by
the City to expand their initial objectives to include an analysis of a demolition of a non-city owned
property. The demolition services were identified through irregular expenditures discovered by the
City Clerk's office via some public records requests. The property is located adjacent to the marina
and is owned by entities owned by James Holton. The funds were expended for improvement or
lease of that property from Mr. Holton. He showed a satellite overview of the property showing
before demolition and a satellite overview of the property one year later after the expenditures had
occurred.
Mr. Kincaid explained that the expenditures occurred in 2014/2015, and were approved by the
former city manager, Shane Crawford. The property was used for events hosted in part by the
marina and by the City. Within the City's purchasing policy and other documents, the city
manager's authority, including the current city manager, is limited to $15,000 in approving
purchases. A competitive selection is required for purchases in excess of $1,000 and bids for
purchases in excess of $15,000. Several of the purchases that were identified through the public
records requests appeared to fall within the city manager's $15,000 approval level and those
purchases would not be considered in their analysis. Based on the verbal documentation and the
available emails to them, they were able to determine that there appeared to be a verbal agreement
between the former city manager, Shane Crawford, and Mr. Holton and his entities regarding the
demolition of the Fish Ice House that was located on the Holton property. The demolition services
were provided by sole sourced, Cross Construction Services. The total demolition cost was
$39,117, of which the City paid $23,617. It was identified that there were no competitive quotes
and no competitive solicitation for the demolition services. All the requisition forms were signed
off on by the former city manager, Shane Crawford, after the services had been provided and after
the services had been invoiced to the City. There was no apparent approval from the Board of
Commissioners for the city manager to exceed his $15,000 authority or to sole source the
demolition services of Cross Construction Services. This was confirmed by research performed by
the City Clerk. In a related email and related expenditures, the former city manager, Shane
Crawford, stated in an email dated November 24, 2014 that "[W]e can't keep shoveling out these
invoices. Somebody's going to get a hold of it .. .in fact, one already has." There was also another
verbal agreement for the City managing the operations at the Holton Property for $400 a month
and there was no Board of Commissioners approval for that management.
Overall conclusion of forensic examination
Mr. Kincaid explained that it was identified that there was limited oversite of the marina operations
by the City, there was a general disregard for the City's purchasing policies and procedures by the
marina, and it was a tone set by former city manager Shane Crawford, and the marina management.
Tone at the top refers to the ethical atmosphere set by the management team, whether that be a
January 22, 2019, BOC Workshop Meeting Minutes - Marina Forensic Audit Report Page 6 of12
government enterprise or a private enterprise. If there is an attitude that purchasing policies do not
apply to them, it sets a negative tone from the top causing the City not to care about the purchasing
policy procedures.
Mr. Kincaid explained that for total loss, it was identified that $550,000 were lost by the marina
during the period of review from February 1, 2015 through August 1, 2018. Two substantial areas
were the fuel discounts and the rental operations at the marina. There were other fuel errors of
$16,000, and that loss is not in addition to the $550,000. It was important to notate the error rates
and error losses to the City. Those were credits sitting on the fuel vendor's books and it was easy
to obtain and reimburse to the City.
Subsequent events
Mr. Kincaid explained that since releasing their draft report to City management, there was an
investigation that resulted in a recovery of $27,000 in overbilled fuel expenditures. The City
management has already implemented a recommended review and revision of policies and
procedures noted in their report. Based on their conversations with City management, they are
making great strides in changing the ''tone at the top" and sending that throughout the City. That
cannot change overnight, but great efforts have been made.
Closing
Mr. Kincaid thanked all the City personnel that assisted them in the audit and the City Manager
and Director Pierce for their efforts and being very receptive to their findings.
The· auditors responded to questions and concerns from the Board.
The City Manager said it was staffs desire to address the findings and information contained in
the report and to bring forward a plan for consideration by the Board at the February workshop
meeting.
Mayor Black thanked the auditors for their presentation. She said the public had questions
concerning the audit and asked for a motion and a vote to suspend the rules of how public meetings
are to be conducted. The motion would be to allow the public to ask questions regarding the audit
by submitting written questions to be read into the record.
Vice-Mayor Weinstein made a motion to have individuals complete a card with their name and
address listed along with their question and to suspend the normal rules. Commissioner Oakley
seconded the motion.
City Attorney Ralf Brookes commented that it was important to still have the public come to the
podium and comment afterwards. He asked that each card only contain one question.
ROLL CALL VOTE:
Vice-Mayor Weinstein "YES"
Commissioner Hodges "YES"
Commissioner Oakley "YES"
January 22, 2019, BOC Workshop Meeting Minutes -Marina Forensic Audit Report Page 7 of12
Commissioner Douthirt "YES"
Mayor Black "YES"
The motion carried 5-0.
Mayor Black opened to public comment.
Robert Preston, 425 S Bayshore, had concerns with the question cards.
John Hendricks, 569 Normandy Road, stressed concerns about training staff at the marina and
obsolete equipment. He said Dave had done a great job and explained the reasons that he was not
able to properly do his job.
Rees Noren, 363 Medallion Blvd., said the card system needed to be ADA compliant because he
had lost control of his fingers and the ability to write.
Steve Kochick, 15301 2nd Street, said he was disappointed with the meeting starting at 2:00 p.m.
because some residents could not attend. He said the Board could not vote at a workshop.
Bill Heming, 503 150th Avenue, said fuel sales had exploded at marina and asked how much money
was spent chasing $10.
Marvin Merrill, 581 Crystal Drive, commended the City Manager and the Board for spending the
$50,000 on the audit.
Mayor Black called a recess at 3:18 p.m. and reconvened the meeting at 3:30 p.m.
Curt Pressier, the City's Public Information Officer, began reading the comment cards submitted
by the following people:
4
J. Roger Pryor, 223 144th Avenue, asked why an audit would not be welcome if it helped people
perform their job well and ethically. Mayor Black commented in agreement.
Robert Preston, 425 S Bayshore, asked the total revenue for the marina minus the expenditures.
Mr. Kincaid said the information was on p. 28 of the audit. Finance Director Walt Pierce provided
the information that he said was from the FY 2017 CAFR report.
Robert Preston, 425 S. Bayshore, asked what would be done with the $17,850 that Chief O'Neal
had stolen from the marina. The City Manager said the question did not pertain to the audit and he
would discuss it at a later date.
Helen Price, 13319 Boca Ciega Avenue, asked how the auditor missed the inappropriate fuel
transfers made by non-marina employees. Mr. Kincaid said they were not always looking at minor
expenditures.
January 22, 2019, BOC Workshop Meeting Minutes - Marina Forensic Audit Report Page 8 of12
Amy Verdensky, 388 150th Avenue, said fuel discounts were misconstrued as a loss instead of a
promotion and asked what percentage of$327, 126.00 should be classified as advertising, and how
much business would be lost if discounts were discontinued. Mr. Kincaid explained that this was
not part of the finding procedures that they were authorized to do. The City Manager said the Board
adopted a policy in June 2018 allowing for the fuel discounts.
Rees Noren, 363 Medallion Blvd, said in the meeting packet, only 45 pages of the 2,000-page audit
was provided. The time allowed to ask questions, did not permit a person to digest the audit in its
entirety. He asked if there would be another meeting to question and appraise the findings of the
auditors. The City Manager explained there would be additional meetings, but the auditors would
not be present. He said the entire audit will be posted on the City's website.
Janet Wolff, 401 150th Avenue, said due to the high amount of money found in the marina audit,
should it be turned over to the U.S. Attorney's Office or the Department of Investigation for a
criminal investigation. Mr. Gillyard said they do turn over the findings of audits to the State
Attorney's Office, if they felt a criminal offense had occurred, and they could turn this one over to
the Pinellas County Sheriffs Department for their review.
Helen Price, 13319 Boca Ciega A venue, asked if the auditors were aware that employees paid for
fuel with a discount, so they could perform City work, such as moving the firework's barge and
placing swim buoys along the beach in a borrowed boat because the marina does not have a boat.
Mr. Kincaid said they were made aware of it and they addressed it on p. 27 of the report.
Janet Wolff, 401 150th Avenue, asked that since more than $500,000 was found by auditing one
department, was the City planning to audit the other departments. The City Manager said they
would be auditing the call centers, parking division, and the recreation department.
Helen Price, 13319 Boca Ciega A venue, asked if the auditors were aware that the number of wet
slips could change over time due to sand and mud shifting and that the number of public slips must
be maintained. Mr. Kincaid explained that it was addressed in the report and in the presentation.
Helen Price, 13319 Boca Ciega Avenue, asked if the auditors were aware that dry storage revenue
was reduced due to the Public Works Department storing a large number of equipment at the
marina for many, many months, and that pipes were still being stored at the marina. Mr. Kincaid
explained they were aware that equipment was stored at a portion of the marina.
Helen Price, 133 I 9 Boca Ciega A venue, asked if three competitive bids were obtained for the
forensic audit of the marina. The City Manager explained that the City Manager was allowed to
enter into contracts under $15,000 and that once they approached the threshold, the item was
brought to the Board of Commissioners to allow further spending on the audit. Mr. Gillyard
explained that six accounting firms were selected, and CRI was one of those six. Any one of those
six accounting firms would be selected for a state contract without going through the bidding
process.
January 22, 2019, BOC Workshop Meeting Minutes -Marina Forensic Audit Report Page 9 of12
Helen Price, 13319 Boca Ciega Avenue, asked if there was eye witness evidence and documented
proof that fuel discounts were authorized by the BOC in 2002 and if the audit would be properly
reissued to show only $223,558.92 at issuance.
Ben Kincaid said it would be up to the City of Madeira Beach to request a second audit.
Robin Biloski, 118 131 st Avenue, asked the mission of the marina and, if it would be a public
enhancement like parks, recreation or a money maker, and would it be addressed in a new
comprehensive plan. The City Manager explained it was the intention to run the marina as a
successful Municipal operation and that it was a complement in the City's inventory of assets as a
self-sustaining operation. The intent is insuring the appropriate policies, procedures, and checks
and balances are in place, employees are trained and provided the opportunity to be successful,
and that the progress being made would make the marina more of an asset than already. In about
six to eight months, significant changes should be seen.
J. Roger Pryor, 223 144th Avenue, asked why it would take six to eight months to correct the
problem at the marina when the corporate world only allowed six to eight weeks, max. The City
Manager explained that, there are certain elements having to be researched and there is appropriate
technology at the marina. The marina is not protected from viruses, etc., there are concerns with
technology deployments, and they need to go through a process to secure certain contractual
services. The small group of employees at the marina work long hours doing multiple jobs and the
City needed to support them and provide the tools to be successful. He is confident that the marina
should be ready to go back through this process and check the boxes in about six to eight months,
if not sooner.
Doreen Moore, 13019 Boca Ciega Avenue, said Commissioner Oakley had mentioned fund
balances and asked if any of the $550,000 loaned by City to the marina to build the ship store had
been returned. The City Manager explained there is a payment schedule in place and the marina
had been paying on the balances owed. They will have a more in-depth conversation about the
Capital Investment that will need to occur at the marina and the possibility of deferring some of
the payments for investment purposes so they could address the items contained in the overall
analysis, which will be brought back to the Board.
Doug Andrews, 90 141 st Avenue, asked what type of marina experience the auditors had. Mr.
Kincaid explained they only do forensic engagements and some of those are private marinas,
Governmental and numerous other marinas, and cities that have marinas. They had consulted with
Mr. Marsicano and conducted interviews with City staff and employees. The information was
included in their report. They relied on the information that was given to them. All the marina
employees were provided a copy of the report.
Doug Andrews, 90 141 st Avenue, asked which City officials had spoken to John Houser regarding
the discrepancies in the CAFR report. Director Pierce explained what occurred and said the auditor
told him about the discrepancies and he and the City Manager looked into it.
Doug Andrews, 90 141 st Avenue, asked if the $27,661 overbilled for fuel was an oversight of the
Finance Department or the marina. Mr. Kincaid said it was a combination of failures with the
January 22, 2019, BOC Workshop Meeting Minutes - Marina Forensic Audit Report Page 10 of 12
marina, as they approved invoices and then those were passed to the Finance department for
payment. Director Pierce said there was a shared responsibility. The invoice slipped through for
payment. There is a new procedure in place to prevent that from happening again.
Helen Price, 13319 Boca Ciega Avenue, asked why the auditors went outside the relevant time of
February 1, 2015 through August 2018, and outside the geographical limits of the Mariana to
discuss a building on neighboring property. Mr. Kincaid said it was mentioned in the presentation
they were made aware of expenditures that were outside the scope of the initial engagement. The
City asked CRI to consider that and report back to them any findings and the City would respond
to any public records requests. Mr. Kincaid said CRI modified their procedures to consider those
expenditures.
Helen Price, 13319 Boca Ciega Avenue, asked who drafted p. 40, the last page of the report and
why the report was not signed. Mr. Kincaid said he had written most of the report and it was
reviewed by Mr. Gillyard and a third party. The report was prepared by Carr, Riggs & Ingram,
LLC and the audit report had the firm's stamp on it.
Doreen Moore, 13019 Boca Ciega Avenue, asked if other marinas offered fuel discounts and if
they were similar to that of the madeira Beach marina. Mr. Kincaid said he was aware of other
marinas in the area that offered various type of fuel discounts. Mr. Gillyard added comment.
Robert Preston, 425 Bayshore Drive, asked if the City could provide a hard copy of the audit to
candidates. The City Manager explained the audit is a public document and is available on the
City's website. The Clerk's office has several copies of the presentation for public view.
John Hendricks, 569 Normandy Road, asked if there were plans to build a hi-dry storage building
to increase profits at the marina. The City Manager explained the item would have to come back
to the Board for further discussion. There are 25 items in the audit report that need to be addressed
and to look for opportunities to enhance business opportunities at the marina.
John Hendricks, 569 Normandy Road, asked why they did not know ahead of the time the audit
would cost more than $15,000 and if it was a down payment. The City Manager explained he did
not know the cost. The first $15,000 he communicated to the Finance Director and after
conversations with CRI, they went to the Board of Commissioners to request additional funds so
the elements of the audit could be completed.
Helen Price, 13319 Boca Ciega Avenue, asked if fraud, theft or criminal activity were found and
why fraud was discussed in the conclusion. Mr. Kincaid explained fraud was always a
consideration, and as mentioned in the conclusion section of the audit, fraud could have occurred.
Mr. Gillyard explained they worked with the information given to them -ai_!d it was not their call to
call it fraud. /
Robert Preston, 425 Bayshore Drive, said about a year ago, the Board refused a grant for a pump
out fire boat and asked if the City could revisit the grant or was it lost fo-rever.
January 22, 2019, BOC Workshop Meeting Minutes -Marina Forensic Audit Report Page 11 of12
Doug Andrews, 90 14 P 1 A venue, had concerns with the audit and said John Houser had
commented to Walter Pierce that the City spent $50,000 on an audit because something was said
to a new employee. He said that Ms. Weinstein owed Dave Marsicano an apology for slandering
his name.
Director Pierce clarified there was communication between the City auditor and the Director of
Finance regarding the auditor's findings. The auditor had made recommendations or suggestions
and there is no obligation. Some of his findings may get shared with the Board of Commissioners.
Doreen Moore, 130 19 Boca Ciega A venue, said she looked at the report from Mr. Houser and
looked at the 2016 CAFR Repo1t and it was clear that the City's expenditures were exceeding their
incom e and that had been given to the prio r commission.
J. Roger Pryor, 223 144th Avenue, said his concept of an audit is an opportunity, it not a witch
hunt, and his experience with audits is to seek the truth. Everyone needed to come together and
work through those things.
Helen Price, 133 19 Boca C iega A venue, recalled that in 2002, the fuel discounts were discussed
and said the audit needed to be reissued with the amount of $223,558.92.
Mayor Black thanked the audito rs for their time. Mr. Gillyard thanked the City for allowing CRI
to present.
4. ADJOURNMENT
Mayor Black adjourned the meeting at 4 : 18 p.m.
ATTEST: II /) I ~I
CZ~ (/0.A-~l 6_,..__
Clara VanBlargan, MMC, MSM, City Clerk
January 22, 2019, BOC Workshop Meeting Minutes - Marina Forensic Audit Report Page 12 of 12
Agenda
City of Madeira Beach
Agenda
BOC Workshop Meeting
Tuesday, January 22, 2019 @ 2:00 PM
Commission Chambers
The Board of Commissioners of the City of Madeira Beach, Florida will meet in
the Patricia Shontz Commission chambers 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. Meetings will be televised on Spectrum
Chanel 640 and Live Streamed on City’s website.
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENT
Public participation is encouraged. If you are addressing the Commission, step to the
podium and state your name and address for the record. Please limit your comments to
three (3) minutes and do not include any topic that is on the agenda. Public comment
on agenda items will be allowed when they come up.
4. TOPICS FOR DISCUSSION
5.
One or more Elected or Appointed Officials may be in attendance.
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. In
accordance with the Americans with Disability Act and F.S. 286.26; any person with a disability requiring
reasonable accommodation to participate in this meeting should call 727-391-9951 or fax a written request to 727-
399-1131.
a. Marina Forensic Audit Report –Glenn Gillyard and Ben Kincaid,
representatives from Carr, Riggs & Ingram, LLC (CRI)
Memo - Audit Final
CRI, LLC 2019 City of Madeira Beach - Forensic Examination Report
(Executive Summary)
PowerPoint Presentation
CRI 2019 City of Madeira Beach - Forensic Report Executive Summary with
Supplemental Material
2018-06-13 BOC Budget WK Meeting Minutes (Draft)
June 25, 2018, Engagement Letter
2018-07-11, BOC WK Agenda Setting Meeting Minutes
August 28, 2018, Notification of Approaching City Manager's $15,000
Purchasing Threshold
August 30, 2018, Additional $35,000 to CRI, LLC to Complete Marina
Forensic Audit
September 4, 2018, BOC Reg. Meeting Minutes approving Additional $35,000
Copy of Check from J.H. Williams Oil Company, Inc. for $27,661.13
CRI Resumes-
2019 Draft Forensic Examination Report Staff Acknowledgment Form(s)
Government-In-The-Sunshine Manual, P. 82 - Local Goverment Audit-
Forensic Examination Report Final
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