Board of Commissioners Workshop Meeting

MINUTES BOARD OF COMMISSIONERS WORKSHOP MEETING JULY 1, 2019 IMMEDIATELY FOLLOWING THE 2:00 P.M. BOARD OF COMMISSIONERS SPECIAL MEETING A workshop meeting of the City of Madeira Beach Board of Commissioners was held at 2:49 p.m., immediately following the 2:00 p.m. Board of Commissioners Special Meeting on July 1, 2019 in the Patricia Shontz Comm ission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: Maggie Black, Mayor Deby Weinstein, Commissioner District 1 Nancy Hodges, Vice-Mayor/Commissioner District 2 Doug Andrews, Commissioner, District 3 John Douthirt, Commissioner District 4 MEMBERS ABSENT: CITY STAFF PRESENT: Jonathan Evans, City Manager Clara VanBlargan, City Clerk Andrea Gamble, Deputy Clerk Ralf Brookes, City Attorney 1. CALL TO ORDER Mayor Black called the meeting to order at 2:49 p.m. 2. ROLL CALL City Clerk, Clara VanBlargan called the roll. 3. PUBLIC COMMENT Mayor Black opened public comment. Robert Preston, 425 South Bayshore Drive, apologized for using bad language during his last public comment. He indicated that the money the City is losing at the fue ling dock is going to get worse and suggested things that would increase the revenue at the Marina. Mayor Black closed public comment. July 1, 20 19, BOC Workshop Meeting Page 1 of 11 Commissioner Andrews asked to add another item to the agenda. He said he had been informed that the City had sent a letter to the Florida Attorney General's Office that was co-written by Attorney Ralf Brookes and Commissioner Weinstein regarding a situation with himself and the City Clerk. Commissioner Weinstein called for a point of order. She said according to the BOC Policy Handbook they could not add items to the agenda at the meeting. City Attorney Ralf Brookes said a motion can be made, seconded, and a roll call taken to add an item to the agenda. He commented that they can discuss items that are added to the agenda, but not vote on added items. The City policy indicates that items be added prior to the meeting. He said the letter was not sent by the City, but by Commissioner Weinstein as an individual Commissioner. Commissioner Andrews commented that he wanted to ask questions about the Attorney General Opinion because he knew nothing about it. Commissioner Andrews motioned to add an item to discuss the letter sent to the Attorney General's Office to the agenda. Commissioner Hodges seconded the motion. Mayor Black opened public comment. There were no comments. The Mayor asked the City Clerk to call the roll. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "YES" Mayor Black "YES" The Motion carried 5-0. 4. TOPICS FOR DISCUSSION A. Revised Personnel Policies City Manager Jonathan Evans turned the time over to Karen Paulson, HR Coordinator and Tom Gonzales, Labor Attorney. Ms. Paulson indicated that the last update was in 2014 and was passed by resolution. The process started about one year ago with the Civil Service Commission reviewing the policies and making recommendations to the handbook. Once they finished their review the labor attorney reviewed the policies and a clean version was brought back to the Civil Services Commission for their approval. They had approved it, and this is the document the Commission July 1, 2019, BOC Workshop Meeting Page 2 ofll  is considering today. Some of the changes added was a new retirement vesting schedule, a payroll policy to pay employees during the times of disaster, updated the dress code, the creation of a social media policy, removing a cap on merit increases, updated cell phone policy, updated smoking policy to include vaping, and updated ADA laws to be in compliance with current laws. She indicated that they are requesting the Commission to move forward with the first reading at the next BOC meeting. Commissioner Andrews commented that they agreed to have the Civil Service Commission present to discuss their changes were and thought process. He suggested that they table the item until they can hold a joint meeting with the Civil Service Commission. Commissioner Weinstein indicated that the Civil Service Commission, HR, and the Labor Attorney had already looked at the policy and ratified the proposed amendments. She mentioned that there are two typos that needed to be corrected on p. 17 in section 606. Commissioner Andrews voiced his frustrations regarding the City not following its own policies. Commissioner Weinstein commented that the policies speak for themselves. Commissioner Hodges suggested having a joint workshop with the Civil Service Commission. The City Manager said the personnel manual was looked at by the Committee, they provided their comments, and approved the document to go before the Commission for approval. They followed the policy which requires the Civil Services Commission and the City Manager to agree prior to bringing the manual back to the Commission for approval. Mayor Black said she did not know what the changes are in the document. She requested a version showing the changes. Commissioner Douthirt said the document did not have anything regarding annual evaluations. The City Manager said that merit increases are predicated on an evaluation. Commissioner Weinstein noted a section in the manual regarding evaluations. Commissioner Douthirt asked about Charter Officers appointed by the Commission. Ms. Paulson responded that she can make the sentence clearer. Commissioner Douthirt asked about p. 28, EE, regarding political activity on City time. Ms. Paulson said it meant that an employee cannot solicit politically while working. The City Attorney recommended that they take a vote on whether to move the item to a regular meeting or have another workshop to discuss it. Director Pierce commented that the policy is attached to the fee schedule and if they delayed the decision it will affect the City's budget. Commissioner Andrews responded that they can still use the existing personnel policy until the new one is adopted. July 1, 2019, BOC Workshop Meeting Page 3 ofll  Mayor Black said she was okay with moving it to the July 9th meeting, if she gets a document showing the changes. Commissioner Weinstein motioned to place the personnel policy, with the changes shown, to the July 9th regular meeting for a first reading. Commissioner Douthirt seconded the motion. Commissioner Andrews voiced his concerns about moving forward to first reading. The Mayor asked the City Clerk to call the roll. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "NO" Vice-Mayor Hodges "NO" Commissioner Weinstein "YES" Mayor Black "YES" The motion carried 3-2. B. Update on $15 Million for Crystal Island Storm Water and Road Improvements (Verbal Presentation) City Manager Jonathan Evans explained the item and then turned the time over to Director Pierce. Director Pierce said the financial advisor, Nick Rocca, did a presentation last Thursday at the joint meeting. Nick commented that the Board directed him to work with the City to release the RFP for the financial backing of the $1 Smillion. This was released to two banks on May 23 rd • Responses were returned on June 11th • Sterling National Bank won the proposal. Authorization to proceed was given. The interest rate is at 3.07% over 26 years. This interest rate is locked in until July 11 th • This arrangement provides the City a low interest rate and no negative covenant requirements. There is flexibility to pay the loan at a future time. This is not a draw down bond. They will also earn interest on the money. Approval of the funds will occur on July 9th and the closing of the loan will be on July 11 th • The signing of the loan will occur on July 9th • He thanked Nick Rocca for representing the City. The City Manager said the money being pooled together to cover the debt service may require an increase in the millage rate. The first payment in 2020 will be for interest only. Director Pierce stated that the Budget Review Committee agreed with the funding of the project. Commissioner Douthirt asked of an explanation of the funding on p. 4. Director Peirce commented that this is the payment for the $1,000,000. It is flat and consistent throughout the 20 years. There will be two payments in 2020 of interest of $350,000. July 1, 2019, BOC Workshop Meeting Page 4 of 11  Commissioner Weinstein asked why the issuance cost went down from what was proposed in April. Director Peirce commented that it may be around $100,000 instead of $63,000. These costs go to cover the involvement of the attorneys. The City Manager said the April numbers were projections and now they have hard numbers. C. Status update on Impact Fees Study (Verbal Presentation) City Manager Jonathan Evans introduced Jerry Murphy with University of Florida and Resilient Communities Initiative. Mr. Murphy said the impact fees have been a hot topic for the Board. The Florida Statues have been amended to deal with impact fees. Impact fees are considered with comprehensive planning. He overviewed state requirements for comprehensive plans as they relate to impact fees. All rules must be consistent with the Comprehensive Plan and there cannot be an inordinate burden on property rights. Statutory requirements must comply and updates to the Comprehensive Plan are necessary. The plan sets up the guidance and the development regulations set up the requirements. He then overviewed the required elements of a general plan. The Comprehensive Plan was lasted updated in 2016. He then reviewed the goals, policies and objectives of the plan. The community is built-out and they are seeing redevelopment. Impact fees may capture the additional impact of redevelopment. One of the objectives is regarding annexation and adverse impacts. Impacts need to be balanced with the costs of providing services. The plan references impact fees of Pinellas County. Everything needs to be coordinated with the county and the MPO long range transportation plan. The Comprehensive Plan will need to be amended to provide empowerment language allowing the City to adopt an impact fee ordinance. Mr. Murphy recommended that they have a workshop meeting to discuss the level of service desired by the community and the impact fees needed to address the service. Impact fees are based on the level of services outlined in the Comprehensive Plan. Projects need to be listed in the capital improvements. In the Comprehensive Plan, they need to ensure that infrastructure accommodating growth is covered by those responsible for this growth. They could consider a concurrency plan. There is no longer a requirement, but the City could still move in that direction. The Public Schools Element may provide support for levying school impact fees. They will need to coordinate with Pinellas County. Impact fees are a charge for new development and redevelopment for offsite improvements. Fees cannot be assessed for onsite improvements. The development must trigger the need and be the beneficiary of the fees. They must cover capital facilities costs. Impact fees are susceptible to audits. Without impact fees the general fund will cover costs of new infrastructure. Costs are known which streamlines the development process. Impact fees allows for multimodal systems to be embraced. He explained how new development is defined and provided examples. Many times, developers opposed impact fees because there is an immediate upfront cost. Impact fees must be based on July 1, 2019, BOC Workshop Meeting Page 5 ofll  a study. Administrative costs may be a part of the fee collection. A 90-day notice is required prior to the law becoming effective. Mr. Murphy explained when impact fees cannot be used. Developers may be entitled for credit towards impact fees when providing property for a future school. Impact fees may be waived for affordable housing. Commissioner Douthirt commented that impact fees must be used within ten years or it goes back to the person that paid the fee. He asked about repairs of infrastructure that are broken due to construction. Mr. Murphy stated that impact fees would not cover construction repairs. Commissioner Douthirt inquired about impact to other buildings due to construction like a drop-in water pressure. Mr. Murphy indicated that a plan for the infrastructure needs to be in the plan to accommodate the proposed development. Attorney Brookes asked Mr. Murphy to explain how a proportionate fair share is calculated. Mr. Murphy stated that it is based the on the level of service standard. The needed infrastructure is based on the population growth and other factors. Commissioner Douthirt asked if police and fire can be included under impact fees. Mr. Murphy stated that general employees are not covered but the buildings and equipment may be included. He then suggested that they talk about scheduling a workshop to discuss which impact fees they should look at pursuing. He thinks an August or September date would work for his team. He explained timelines for him to complete the study and providing recommendations. Mayor Black said the City Manager and City Clerk can suggest a date. Commissioner Weinstein suggested that they consider mid-August. D. Fantasy Planet Lease Agreement City Manager Jonathan Evans indicated the City has been in a long-term lease agreement with the property referred to as Fantasy Planet. The lease is slated to expire in September of 2019. Staff would like to know how the Board would like to proceed. The agreement generated approximately $114,000 annually in revenue. They have not received payments for utilities for the property. Staff has calculated that utilities would cost $711 monthly for the property. Staff is recommending that the agreement be modified to include utilities. The tenant is asking for a long-term lease so they can make improvements to the property. He indicated that they would like to know how the Board wanted to proceed. Commissioner Andrews asked if the City has paid their electric bill for 14 years. The City Manager said it appears this way and that City is looking to recover some of the money lost over the years. The current agreement has been silent on utilities. The tenant was under the understanding that the City would cover this. July 1, 2019, BOC Workshop Meeting Page 6 ofll  Commissioner Andrews said that it will be difficult to get back pay for utilities but should include this amount moving forward. The City Manager indicated that there should be an annual escalator. Commissioner Hodges said they are planning to make improvements in Johns Pass Village. She does not want City changes to conflict with the business. She asked when this will happen. The City Manager said the City will need to have a charrette on what improvements will take place. The design could take this facility into account and carve it out from the rest of the improvements. Mayor Black responded that they could sell the building. The City Manager said they needed voter approval. Commissioner Douthirt indicated that nowhere in the Comprehensive Plan does it say the City will be a landlord. He mentioned that they could sell the property and then purchase a piece of property on the beach to open the beach and provide parking which would turn into a revenue stream. This would also open beach access to visitors. Commissioner Weinstein commented that she cannot find the original lease for the property. There have been three amendments to the lease. The City Attorney read a portion of the 2005 lease agreement, which indicated that the lease shall furnish all utilities include electric. That would be the section that the City would use to recover utility costs. He indicated that this version was not signed but presumes it was signed following that meeting. The 2005 lease was a new lease agreement. Mayor Black opened public comment. Mr. Asyag, at 11235 Grand Circle, said has been paying electric. The City Manager said the information provided to him shows that the City has incurred the utility costs. Mr. Asyag said he has been paying electric bill. Commissioner Andrews said there may be another meter box adjacent to the building that is not for his use. The City Manager said he can get information from the tenant and reconcile their information. Commissioner Weinstein asked when the ice cream shop was added and if was incorporated into the lease. Mr. Asyag said he did receive approval. The City Attorney read the uses that are allowed in the lease. Mr. Asyag indicated that he has a five-year option on the lease, which starts in September. The City Manager explained that it is a mutual five-year option. Commissioner Andrews asked what types of improvements they are considering. Mr. Asyag explained. Commissioner Weinstein indicated that she would like to see this area become green space. She is in favor of a two- or three-year term instead of a five-year term. She would like to see a 5% increase in the lease. The City Manager said the Board may get a commercial appraisal on the property to help inform their decision. July 1, 2019, BOC Workshop Meeting Page 7 ofll  Mayor Black asked for a consensus on getting an appraisal. There appeared to be a consensus. E. Special Events Task Force Commissioner Douthirt said a resident spoke to him and offered to help the City organizing events. He then showed a special events handbook from St. Petersburg. He believes that this handbook will be able to help employees make events even better than they are now and bring in new events. Commissioner Andrews recommended that the task force be expanded to include recreation. A lot of the events are coordinated by outside groups and the City does not have much to do with them. Mayor Black said that there are City events as well. Commissioner Andrews said that this should be an advisory board only and they should not impede on what is already happening. Mayor Black opened public comment. Mayor Black closed public comment. Commissioner Andrews explained the next step would be to create a resolution to set up a Task Force Committee. The commission provided their consensus to move forward with the task force. F. Lien Reduction Request by Brian Rochowicz Brian Rochowicz, 14190 West Parsley Drive, explained his lien issue and the issue he had been having with the City that prevented him from getting a permit. He requested that the hard costs in the lien be removed since the special magistrate meeting should not have happened. He was fined before he stood before the magistrate. He recommended that they remove the liens. Following discussion by the Board, Commissioner Andrews motioned to waive the $24,000 in lien costs and to reduce the administrative fees to $371.79, half the amount stated. Vice Mayor Hodges seconded the motion. The City Manager said it was a workshop meeting, he will place the item on the July 9th regular meeting as a consent item. The City Attorney asked for a roll call vote. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "NO" July 1, 2019, BOC Workshop Meeting Page 8 ofll  Mayor Black "YES" The motion carried 4-1. G. Lien Reduction Request by Scott Anderson Scott Anderson, 6940 Sunset Drive #2D, explained his lien issue and asked for a lien reduction so he could get the lien satisfied. Commissioner Douthirt said he feels that they should just charge the $1,714.30, the stated hard costs. Vice-Mayor Hodges agreed and motioned to accept the amount as payment in full. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "YES" Mayor Black "YES" Motion carried 5-0. Mayor Black called for a five-minute break. ADDED AGENDA ITEM TO DISCUSS LETTER TO ATTORNEY GENERAL Commissioner Andrews handed out a copy of a letter requesting an Attorney General's opinion authored by Commissioner Weinstein. Commissioner Andrews asked Attorney Ralf Brookes if he had helped write the letter. The City Attorney said he did help, and that Commissioner Weinstein came to him and requested an Attorney General opinion. He told her that she could go through the Board of Commissioners or send it as an individual commissioner. She decided to send it as an individual Commissioner. She had a question about one of the memos Commissioner Andrews had submitted and asked if it violated the Sunshine Law. He was not sure at that point, but it may violate the City Charter in that a Commissioner is requesting an appointment through the City Manager. Commissioner Andrews asked if the City Attorney ifhe believes he violated the charter. The City Attorney responded that he does not believe he knowingly violated the charter regarding interfering with City administration. Commissioner Andrews directed the Commission to the fourth page in section B regarding Commissioners being able to express their opinion on whether people being hired or fired. He July 1, 2019, BOC Workshop Meeting Page 9 ofll  asked why this was not included in the Commissioner's letter. Attorney Brookes stated that it appears to be in violation of C but not B. Commissioner Andrews said that in his letter to the City Manager, it only says, "in his opinion" and not a requirement. He asked what they were are trying to accomplish by getting the Attorney General's opinion. Commissioner Weinstein stated that she has the right to make this request. The City Attorney explained that the request was regarding the letter, it should have been sent out to the full Commission Board. He said he included his attorney opinions in the letter because the instructions on the Attorney General's website on how to request an opinion requested that he do so. Commissioner Andrews said he felt that he followed the proper procedures. He would like more transparency. He asked the City Attorney why he did he not bring this to the full Commission Board for a discussion. They pay the City Attorney to render decisions. The City Attorney responded that the guidelines for an AGO opinion asks for comments from the attorney. Commissioner Andrews said the letter looks like a letter from the City. The City Attorney said the letter clarifies that it is from an individual commissioner. A city stamp may be used for letters regarding City business. Commissioner Andrews said the letter is a public record and it was paid for by taxpayer funds. He asked if the City was billed for the City Attorney's time spent on the letter. The City Attorney responded that it falls under the retainer fee. Commissioner Andrews said he was blindsided it. Commissioner Weinstein explained that it was not a public record. She said she had respectfully done her responsibilities and obligations to the City of Madeira Beach and its citizens and did not want to be bullied into something by Commissioner Andrews. 5. ADJOURNMENT Commissioner Douthirt motioned to adjourn the meeting. Commissioner Weinstein seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "YES" Mayor Black "YES" The motioned carried 5-0. July 1, 2019, BOC Workshop Meeting Page 10 of 11  The meeting adj ourned at 5:56 p.m. ATTEST: July I, 20 19, BOC Workshop Meeting Page 11 of 11