CITY OF INDIAN ROCKS BEACH

Transcription

1 MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular City Commission Meeting was held on, in the City Commission Chambers, 1507 Bay Palm Boulevard, Indian Rocks Beach, Florida. Mayor-Commissioner Johnson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance and a moment of silence. PRESENT: Mayor-Commissioner R.B. Johnson Vice Mayor-Commissioner Terry Hamilton Wollin Commissioner Joanne Cookie Kennedy Commissioner Daniel J. Torres Commissioner Bert Valery City Attorney Maura J. Kiefer City Clerk Deanne Bulino O Reilly Interim City Manager/Planning and Zoning Director Danny E. Taylor Public Services Director Dean A. Scharmen Assistant City Treasurer Lisa Robinson 7:30 p.m.) Librarian Jane Mitchell 7:50 p.m.) 1A. ORDINANCE NO SECOND AND FINAL PUBLIC HEARING. Adopting the final levy of ad valorem taxes for the City of Indian Rocks Beach, Pinellas County, Florida, Fiscal Year 2008/09. [First Reading September 4, 2008; Official Publication Date: November 16, 2008.] BACKGROUND: The City Commission met on July 22, 2008, to discuss the millage rate for FY2008/09. The tentative rate was set at 2.2. Staff initially proposed a millage rate of Once the tentative rate is established, the final rate cannot exceed that rate, but may be lower. The gross total taxable valuation of Indian Rocks Beach property is $1,058,305,856. Last year s taxable value was $1,185,912,858. The tentative millage rate proposed at first reading was a 49.7% increase over the prior year of and a 33.1% increase over the rollback rate of Page 1 of 25

2 During the September 4, 2008 City Commission Meeting, the City Commission lowered the tentative millage rate from 2.2 to 2.1 mills. During the September 18, 2008 City Commission Meeting, the City Commission adopted a millage rate of 2.0 by a vote of 4 to 1, with Commissioner Torres objecting. During the September 30, 2008 City Commission Meeting, a millage rate of 2.0 was adopted by a unanimous vote to be consistent with State law. On November 5, 2008, the City was notified by the Florida Department of Revenue that the ad valorem proceeds in the Budget Summary Advertisement were computed by using less than 95% of the gross taxable value, as required by s (2)(a)(1) and (3)(1), F.S. Specifically, the ad valorem proceeds were understated by approximately $119,287, or percent. FISCAL IMPACT: Utilizing the correct calculation of the gross taxable value of $1,058,305,856 and based upon a millage rate of 2.1, receipts projected are $2,222,442 for FY2008/09. Tax receipts are budgeted at 95% of the gross taxable value, generating budgeted receipts of $2,111,320. Pursuant to a legal notice published in the November 16, 2008 edition of the Neighborhood Times Section of the St. Petersburg Times, as evidenced by an affidavit of publication filed with the City Clerk, a public hearing was held on Ordinance No City Attorney Kiefer read Ordinance No in its entirety. Interim City Manager Taylor explained that the reason for the rehearing is because of an error in calculating the tax revenues when submitting the report to the Florida Department of Revenue; therefore, the correct number of the current year gross taxable value for operating purposes is $1,058,305,856. He explained that this is the second reading and everything that has occurred to this point remains true and any changes passed at previous second readings (September 18 and 30, 2008) are not yet in effect. Therefore, the City moves into this with a millage rate set at 2.1, noting that at the previous second readings, the millage rate was reduced to 2.0. Mayor Johnson opened the public hearing. Karen Laufenburger, Street, spoke in opposition of the increase nd in the millage rate, stating the timing is poor and it is hurting the citizens. She stated there are other ways to make the City run, and she does not understand Page 2 of 25

3 why a small City needs such a large budget. She questioned, as an example, the expenditure for decorative sidewalks in Chic-A-Si Park. Don House, 2104 Beach Trail, spoke in opposition of the increase in the millage rate. nd Ed Piniero, Street, stated his understanding for the rehearing was due to an inaccurate legal advertisement with wrong budget numbers. He stated that by State Statute, the millage rate cannot be raised more than 2 mills and that is what was approved at the last incorrect reading on th September 30 and that is the rule that has to be followed. He stated that the rate cannot go to 2.1 or anything in between, it can go lower than 2.0, but not higher than what was originally passed. He suggested that now that the City Commission has had additional time to review the budget, the City Commission might consider going lower than 2.0 mills and forgive the unauthorized loans from the General Fund to Sewer and Solid Waste Enterprise Funds, and if that happens, then the sewer and solid waste rates could be lowered. Lulan Gregg, 30 Gulf Boulevard, spoke in opposition to the increase in the millage rate, noting the discrepancies in the property tax rate listings in the newspapers, the reasons given, and the statements regarding the corrective measures and notice to citizens. He stated that this gives the City Commission another chance to do the right thing and pass a budget reducing unnecessary expenses including the dog park, the Librarian position, and the listed salary for a City Manager when there is now a temporary City Manager. He noted that because of the decline in property values, the millage rate could remain at 1.6 mills. He noted the budget summary item of Fund Balances Reserves Net is $3,460,925, and he has inquired where all this money is, but has not received an answer to this question, although he has asked this at several meetings. Louise LaSala, 612 Hidden Harbor Drive, spoke in support of the Librarian position; explaining that the volunteers cannot do the job anymore, and a Librarian has been needed for many years to run the Library. Bets Driscoll, 481 Harbor Drive North, spoke in support of the Librarian position, noting that she has been a volunteer for 20 years. Kelly Cisarik, 448 Harbor Drive South, questioned if there has been a loss of funds to come from the State for noncompliance with procedures and for submitting everything not on time due to errors. Mayor Johnson explained there is no immediate answer; however, Interim City Manager Taylor will check on that. Page 3 of 25

4 Seeing and/or hearing no one else wishing to speak, Mayor Johnson closed the public hearing. Motion made by Vice Mayor Wollin, seconded by Commissioner Valery, to approve Ordinance No , on second and final reading, adopting the final levy of ad valorem taxes for the City of Indian Rocks Beach, Pinellas County, Florida, Fiscal Year 2008/09 at 2.0 mills ROLL CALL VOTE: Valery - Yes Kennedy - Yes Wollin - Yes Torres - Yes Johnson - Yes Motion carried unanimously. 1B. ORDINANCE NO SECOND AND FINAL PUBLIC HEARING. Adopting the Final Budget for Fiscal Year 2008/09. [First Reading September 4, 2008; Official Publication Date: November 16, 2008.] BACKGROUND: The City Commission has reviewed the Budget through a series of City Commission Budget Work Sessions that have included presentations by staff, committees, and other organizations. Included are schedules for each Fund showing current revenue and appropriations for FY2007/2008. During the September 4, 2008 City Commission Meeting, Ordinance No was adopted on first reading with the following changes from the prior submission: Millage rate from 2.2 to 2.1 Mills. Total event sponsorship of $12,000. YMCA funding at $2,500. Neighborly Services funding of $2,000. COLA for hourly employees at $15,000. Healthcare plan to BC/BS 3461 (cost TBD). During the September 18 and 30, 2008 City Commission Meetings, Ordinance No was adopted on second and final reading, with a second reading being rescheduled to ensure compliance with State law. Page 4 of 25

5 On November 5, 2008, the City was notified by the Florida Department of Revenue that the ad valorem proceeds in the Budget Summary Advertisement were computed by using less than 95% of the gross taxable value, as required by s (2)(a)(1) and (3)(1), F.S. Specifically, the ad valorem proceeds were understated by approximately $119,287, or percent. During the September 30, 2008 meeting, the City Commission approved the following changes from the budget adopted on September 18, Millage rate from 2.1 to 2.0. Transfer of $6,000 in Planning and Zoning Engineering Review Site Plan to Planning Consulting Services. Planning and Zoning Consulting Services reduced by $18,700. Deletion of monthly reimbursement of cell phone services for the City Treasurer and Interim City Manager/Planning and Zoning Director. Professional Service in Finance Department was reduced by $7,500 for Milestone Professional Services, Inc. for the preparation of the Comprehensive Annual Financial Report (CAFR). An additional $2,000 COLA for hourly employees. FISCAL IMPACT: These changes resulted in total expenditures decreasing by $25,400 while revenue decreased by an $100,150. The current reserve balance is $416,404. Total revenue is $6,612,654 and expenditures are $5,399,050. Applying the gross taxable value of $1,058,305,856 times the millage rate of 2.0 times the 95% is a net increase of $7,777 to the reserves. Pursuant to a legal notice published in the November 16, 2008 edition of the Neighborhood Times Section of the St. Petersburg Times, as evidenced by an affidavit of publication filed with the City Clerk, a public hearing was held on Ordinance No City Attorney Kiefer read Ordinance No by title only. Interim City Manager Taylor presented the Agenda Memorandum explaining that this is corrective action directed by the Florida Department of Revenue and this is being considered as the second reading even though there were two previous second readings; any changes made at those second readings are not in effect at this time. He advised that the changes are listed in the Agenda Memorandum in order to see what changes were made at the September 18 and 30, 2008 City Commission Meetings. He stated his expectation is to proceed with the budget with the amendments as stated at those meetings. Mayor Johnson opened the public hearing. Page 5 of 25

6 Nancy Obarski, 708 Beach Trail, Unit #B, questioned the action taken for a budget amendment at the last meeting and if it affects the budget being approved now; to which Mayor Johnson explained that the action was for the previous year budget. Don House, 2104 Beach Trail, also questioned the figures from the previous budget and the new budget and stated that the way it is presented is difficult to figure out. He expressed concern for headings changing and figures moving around and suggested that there be a standardized form year-to-year in order to see what is happening and monitor the trends. Kelly Cisarik, 448 Harbor Drive South, questioned the Budget Summary Advertisement published in the St. Petersburg Times on November 16, She referred to a document on the website in the General Funds - Financials and expressed concern for the line item Excess Deficiency of Revenue over Expenses. She stated that it changes each time she pulls it up and today it shows a figure of $157,000, Undesignated Reserves of $1.123 million, which includes an I.O.U. from the Sewer and Solid Waste Enterprise Funds of $974,000. Therefore, if she is reading it correctly, there was only $157,000 going forward and now there is $400,000 less revenue coming in, which she interprets to mean that the reserves will be breached. She suggested getting someone in who can audit these numbers to see if the City complies with the guidelines of the State Statutes. nd Ed Piniero, Street, clarified that the numbers in the proposed budget tonight are the same as what was passed on September 18, 2008, with the amendments, and no changes were made between then and now. Interim City Manager Taylor explained the discussion tonight is like going into the second reading, the changes made at the previous second readings are not in effect. Mr. Piniero stated that Ms. Cisarik brought out an interesting point noting that the South Beach Sewer Main Relocation Project funding comes from Pennyfor-Pinellas funds and that is in the budget and has not changed. Jim Driscoll, 481 Harbor Drive North, spoke in support of the budget. He discussed the diversity of the community; noting that not everyone uses every amenity, but that does not mean that some people should have what they use shut down. He commented regarding the volunteers and the continued support of their work. Lulan Gregg, 30 Gulf Boulevard, spoke regarding the budget figures and the difference in the numbers advertised and what is being used at this meeting. Interim City Manager Taylor explained that tonight a correction is being made and going into the previous second hearing, the millage rate was 2.1 and that has just been changed to 2.0. He also explained that at the first second public Page 6 of 25

7 hearing, it was based on a total value of $1,054,000, when it should have been based on $1,058,000 and that is the difference. Mr. Gregg also discussed the increase in his sewer and solid waste rates, which have gone up over $ from his last bill and he thinks something is wrong. He stated he thinks that if this is a second hearing, there needs to be new budget figures that need to be advertised two times to the public. City Attorney Kiefer stated that everything being done tonight is pretty much exactly the same as what was done in September. She explained that the City made a mistake in calculating the gross taxable value of the property by $119,000, and staff used $119,000 less than 95% of the gross taxable value in reporting on the forms. She stated in the Budget Summary Advertisement, it was just a mistake in calculation of that particular number, and that did not throw off everything, it was just a mistake in the way the 95% was calculated. She explained that State law states that no municipality can use under 95% of the gross taxable value, so the City was off by $119,000, and the Florida Department of Revenue caught that. However, everything else was correct, so because of that rule, the City was required to re-advertise exactly as it did before using the 95% value, adding in the $119,000. and everything else remained the same with all the items in the budget as before with the same numbers and the decisions the same as to what to include and not include. Seeing and/or hearing no one else wishing to speak, Mayor Johnson closed the public hearing. Motion made by Commissioner Valery, seconded by Vice Mayor Wollin, to approve Ordinance No , on second and final reading, adopting the Final Budget for Fiscal Year 2008/09 with all budget amendments as set forth in the Agenda Memorandum. ROLL CALL VOTE: Valery - Yes Kennedy - Yes Wollin - Yes Torres - Yes Johnson - Yes Motion carried unanimously. 2. PUBLIC COMMENTS. Larry King, 420 Gulf Boulevard, spoke about the beach raking done by the City and the inability to walk on the beach, because of the sand being loosened 4 to 6 inches and very little debris is being removed. He noted that the only advantage is beautification. He explained what happens to the seaweed with the Page 7 of 25

8 raking and that the sand being loosened lets it blow up on the dunes making the dunes larger. He challenged the City s legal authority to do any maintenance below the high watermark. Lulan Gregg, 30 Gulf Boulevard, referred to the cost of living adjustment (COLA) for salaried and hourly employees, stating that all employees should receive the increase and the City should not have discriminated between hourly and salaried employees. Mr. Gregg also asked where is the missing $2 million. Mayor Johnson stated he is not sure what Mr. Gregg is referencing; however, there is no missing $2 million and the City Commission does understand where the money is in the budget. However, if Mr. Gregg would like to speak to him after the meeting, he will try to understand the question and find an answer. nd Ed Piniero, Street, referred to his comment at the last meeting regarding a Pinellas County Sheriff s Office (PCSO) deputy attending the City Commission Meetings being a waste of taxpayers dollars when they should be patrolling the streets. He stated that Vice Mayor Wollin s suggestions of moving the City Commission Reports to the beginning and the use of a professional firm to locate a City Manager are excellent ideas. He suggested in consideration of the revision of the taxable values generating more revenue to reconsider repayment of the unauthorized loans from the General Fund to Sewer and Solid Waste Enterprise Funds. Kelly Cisarik, 448 Harbor Drive South, stated that there are no City Commission After Action Agendas on the City s website. 3. ORGANIZATIONAL REMARKS. None. 4. ADDITIONS/DELETIONS. None. 5. CONSENT AGENDA: A. RESOLUTION NO Accepting the donation of $10,000 from the Friends of the Indian Rocks Beach Library, to the City of Indian Rocks Beach, for the purchase of six Dell Optiplex 740 Desktop Computers and Monitors, six overhead signs from signsuanic.com, a scanner, carpeting, and miscellaneous office supplies. City Attorney Kiefer read the Consent Agenda, consisting of Agenda Item No. 5A, by title only. Motion made by Commissioner Kennedy, seconded by Vice Mayor Wollin, to approve the Consent Agenda, consisting of Agenda Item No. 5A. Unanimous approval by acclamation. Page 8 of 25

9 6A. RESOLUTION NO Authorizing the Interim City Manager to enter into a contract with Rowland, Incorporated in the amount of $21,000 through the Pinellas County Utilities Sanitary Sewer Repair, Rehabilitation, and Extensions Project Number 1877, Bid Number C, for the installation of decorative walkways at Chic-A-Si Park. BACKGROUND: In September 1996, the City purchased Lots 1, 2 and 3, Block 12 from I.D. Phillips in the amount of $325,000. The Ad Hoc Land Acquisition Committee recommended this purchase as a priority, to go along with the property donated to the City by Hamlin s Landing, aka Holiday Inn Harborside, (Lots 16, 17 and 18, Block 12) as part of the development agreement. The Planning and Zoning Board supported the City s effort to procure the property for a central park area with a gazebo and fountain, as a meeting place for festivals, events, etc. In May of 2001, the City Commission passed Resolution No , authorizing the naming of the property as Chief Chic-A-Si Park. In April of 2003, the City Commission passed Resolution No , authorizing the Historical Museum Relocation Project, which relocated the Historical Museum to the northeast portion of Chic-A-Si Park. In November of 2004, the City Commission passed Resolution No , accepting the Indian Rocks Beach Rotary Club Centennial Pavilion Project Donation, which authorized the construction of a pavilion to be erected in the southwest corner of Chic-A-Si Park. During the January 11, 2005 City Commission Meeting, the City Commission referred the issue of parks development planning for Chic-A-Si Park to the Parks and Recreation Board and the Beautification Board for review, analysis, and recommendation. ANALYSIS: On March 31, 2005, the Park and Recreation Board submitted a recommendation to the City Manager s office for the development planning of Chic-A-Si Park, which is part of the Agenda Memorandum. On May 17, 2005 the Beautification Board submitted a recommendation to the City Manager s office for the development planning of Chic-A-Si Park, which is part of the Agenda Memorandum. Page 9 of 25

10 On February 13, 2007, it was the consensus of the City Commission to place this item on a future City Commission Meeting for discussion. During the May 1, 2007 City Commission Meeting, it was the consensus of the City Commission to have the Beautification Board develop a schematic level design for the improvements to Chic-A-Si Park. During the September 27, 2007 Beautification Board Meeting, the Beautification Board formally approved the schematic level design for Chic-A-Si Park, which is part of the Agenda Memorandum. On November 27, 2007, the City Commission passed Resolution No approving the schematic level design for Chic-A-Si Park as the subject design needed to be included with the Development Commencement Documents for the Florida Recreation Development Assistance Program Grant (FRDAP). Proposed improvements included: Bocce Ball Court Picnic facilities Passive walkways It should be noted that the FRDAP Project Agreement requires that the City, at a minimum, construct the Bocce Ball Court, picnic facilities, and other related support facilities. FISCAL IMPACT: Within the FY 2008/2009 Budget, the City has appropriated funds in the amount of $50,000 for Chic-A-Si Park Improvements. It should be noted that this expenditure is reimbursable at 100% through the FRDAP Project Agreement. Project Grant = $50,000 Decorative Sidewalks = <$21,000> ($52.50 per sq. yd. x 400 sq. yds. = 720 linear feet) Balance = $29,000 City Attorney Kiefer read Resolution No by title only. Public Services Director Scharmen presented the Agenda Memorandum and advised that the City received a FRDAP Grant in the amount of $50,000. He advised that staff recommends approval. He referred to the map provided in the Agenda Packet, noting the suggestion to straighten out the sidewalks, which was done and the circle depicted will move so as to line up the center piece. He explained that the portion directly behind the Historical Museum was left out at Page 10 of 25

11 the direction of the City Commission in case the Historical Museum decides to expand. Lulan Gregg, 30 Gulf Boulevard, commented that he seldom sees anyone using that park and he does not see the need to spend money on a park no one is using. Commissioner Torres suggested that the portion of the sidewalk being straightened should have some curve in it to give it some motion and make it more appealing. Consensus for the sidewalks to be more meandering, as recommended by Commissioner Torres. Motion made by Commissioner Valery, seconded by Commissioner Torres, to approve Resolution No , authorizing the Interim City Manager to enter into a contract with Rowland, Incorporated in the amount of $21,000 through the Pinellas County Utilities Sanitary Sewer Repair, Rehabilitation, and Extensions Project Number 1877, Bid Number C, for the installation of decorative walkways at Chic-A-Si Park. Unanimous approval by acclamation. 6B. RESOLUTION NO Authorizing the Interim City Manager to dispose of City property that has become unnecessary or unfit for the City's use. BACKGROUND: Pursuant to City Charter Section 5.3, Powers and Duties of the City Manager, Subparagraph 10, providing for the disposal of City property, which has become unnecessary or unfit for the City s use, City staff is requesting authorization to sell, donate, or destroy the City property shown on Attachment A of Resolution No ANALYSIS: Initially, the surplus property will be offered to non-profit organizations within the City on a first come, first served and as is basis. The remaining surplus property will be sent to Tampa Machinery Auction who will sell the equipment and vehicles to the highest bidder. The surplus equipment and vehicles have been inspected and found to be unusable by the City. FISCAL IMPACT: Tampa Machinery Auction conducts an auction of State, County, and Municipal furniture, equipment, and vehicles each month, and charges a 10% commission for handling the sale and transfer of any paperwork. Page 11 of 25

12 By utilizing an outside agency to run the auction the City is saving staff time and avoids any conflict or problems that could occur if this was handled inhouse. City Attorney Kiefer read Resolution No by title only. Interim City Manager Taylor presented the Agenda Memorandum, noting the list of property to be disposed of as follows: Three - Dell Computer Keyboards. One - Microsoft Computer Keyboard. One - Linksys Stack Pro II Computer Printer. One - HP Scan Jet 3400C Computer Printer One - HP Laser Jet Computer Printer - Model Number C2003A. One - Dell Computer Monitor - Model Number M991. One - HP91 Computer Monitor - Model Number M8911. One Ford ¾ ton - 4 Wheel Drive Pickup Truck. One Ford Grabble/Knuckle Boom/Jaws Truck. One Sterling LT 7501/25 Yard Rear Load Packer Truck. Motion made by Commissioner Kennedy, seconded by Commissioner Torres, to approve Resolution No , authorizing the Interim City Manager to dispose of City property that has become unnecessary or unfit for the City's use. Unanimous approval by acclamation. 6C. RESOLUTION NO Amending the City s Investment Policies and Guidelines for City funds as approved in Resolution No and as amended in Resolution No in order to comply with Section , Florida Statutes. BACKGROUND: Resolution No , dated December 6, 1995, was adopted to establish investment policies and guidelines for City funds. On August 26, 1998, the Office of the Auditor General reviewed all local government written policies related to investments in accordance with guidelines specified in Section , Florida Statutes. Resolution No , dated April 24, 2001, was adopted to comply with investments in the Public Funds Act passed by the Legislature during the 2000 Session. On March 25, 2008, the City Commission accepted the Comprehensive Annual Financial Report (CAFR), which included a recommendation related to investment policies. Page 12 of 25

13 On September 9, 2008, the Auditor General requested a written response evidencing corrective action by the City in regard to Section , Florida Statutes. ANALYSIS: Moore Stephens Lovelace, P.A., the City s Auditors of record, noted the following observation: The policy does not require that the person responsible for making investment decisions complete eight hours annually of continuing education in subjects or courses of study related to investment practices and products. We recommend that the City review its investment policy and add language requiring continuing professional education to conform to statutory requirements, Section , Florida Statutes. Based on the City Auditors recommendation, staff recommends that the following subparagraph be added to the City s Investment Policy, Section III, Standards of Care: Continuing Education. A minimum of eight hours of continuing education shall be completed each fiscal year by the City Treasurer and City Manager responsible for directing the investment decisions pertaining to those funds subject to the scope of the investment policy. The City Treasurer shall determine the nature of the continuing education that shall satisfy this Section as well as the staff member(s), who are subject to this requirement. FISCAL IMPACT: A policy whose scope and objectives are well developed will result in improved revenue flow and assure the safety and preservation of the City s investments. Interim City Manager Taylor presented the Agenda Memorandum, explaining that the resolution is an amendment to the City s Investment Policies requiring the City Manager and City Treasurer to have eight hours of continuing education annually in order to make investment decisions. Commissioner Torres commented that going into this new phase, it is important that the education does continue. City Attorney Kiefer noted that the resolution is to comply with State law and that the Statute addresses the requirement for a written investment policy, which the City does have; however, if a municipality does not have a written policy, the State provides four areas where investments are allowed. Page 13 of 25

14 Motion made by Commissioner Torres, seconded by Vice Mayor Wollin to approve Resolution No Unanimous approval by acclamation. 7A. ORDINANCE NO First Reading. Submitting to the City electors, a referendum question on an amendment to the City of Indian Rocks Beach Charter, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; to be added to the General Municipal Election on March 10, 2009; establishing the question to appear on said ballot; providing for publication in accordance with the law. During the April 8, 2008 City Commission Meeting, Commissioner Valery, under City Commission Reports, recommended that the City Commission discuss eliminating the City Attorney, City Clerk, and City Treasurer as Charter Officers. During the May 27, 2008 City Commission Meeting, discussion was held to eliminate the City Clerk and the City Treasurer as Charter Officers. During August 12, 2008 the City Commission Meeting, under City Commission Reports, the City Commission by consensus with Commissioner Torres objecting, directed staff to place the discussion of a charter amendment to eliminate the City Clerk and/or City Treasurer as Charter Officers on a September City Commission Agenda. During the September 18, 2008 the City Commission Meeting, the item was deferred to another agenda due to the lateness of the meeting. During the November 13, 2008 City Commission Meeting, the City Commission, by a unanimous consensus, instructed staff to place Ordinance No on the November 20, 2008 City Commission Agenda for first reading, with second and final reading being scheduled for December 9, 2008, which complies with City Code Section 22-65(g) regarding the deadline for placing referendum questions on the March 10, 2009 General Municipal Election. ANALYSIS: A referendum question will appear on the March 10, 2009 General Municipal Election for consideration by the electorates of the City of the proposed Charter Amendment to Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers. The question to appear on the March 10, 2009 General Municipal Election Ballot shall be as follows: Page 14 of 25

15 CHARTER AMENDMENT Referendum providing for the transfer of the Charter Office of City Treasurer to the Administrative Departments of the City. Shall the Charter for the City of Indian Rocks Beach, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; be amended to abolish the City Treasurer as a Charter Officer and instead make that office an Administrative Department within the City? YES For the amendment to the City Charter Section 6.1 NO Against the amendment of the City Charter Section 6.1 Section 2: The Charter language shall read as follows: ARTICLE VI. CHARTER OFFICERS, ADMINISTRATIVE DEPARTMENTS. Section 6.1. City Clerk, city treasurer and City Attorney; Charter Officers. There shall be appointed a city clerk, city treasurer and city attorney who shall serve at the pleasure of the city commission and said officers shall be considered "charter officers." When a vacancy occurs, the city commission shall immediately advertise the vacancy. The vacancy should be filled as soon as the commission shall deem possible. The city commission may contract for the services of charter officers and set forth the terms of employment including but not limited to services to be rendered, compensation and termination of contract. Section 6.3. City Treasurer. The city commission shall appoint an officer of the city, who shall have the title of city treasurer. The city clerk may, at the discretion of the city commission, serve as city treasurer. The city treasurer shall be accounting department head, responsible for the equipment of finance, accounting, cashiering, licensing, billing and collecting sums due the city and related financial accounting and systems operations. The city treasurer shall be personally responsible for maintaining current and accurate accounting records of city activities, in accordance with accepted municipal accounting practices and governing city laws. He shall issue monthly financial reports to the city Page 15 of 25

16 commission. All matters concerning the fiscal and financial conditions of the city shall be his responsibility and he shall assist in preparing the annual financial budget, the monthly financial reports, showing comparison of revenue and expenditures to anticipated revenues and appropriation expenditures. He shall be responsible for advising the city manager and the city commission as soon as possible concerning any significant deviation. The city treasurer shall be personally responsible for adequate safeguards for city assets, including cash, inventories, equipment and pertinent records concerning the same, as well as records of all receivables and liabilities of the city. Adequate safeguards shall include the proper internal control procedures and sufficient insurance concerning any theft, casualty and liability exposure. The city treasurer shall be custodian of all moneys of the city and responsible for prompt depositing of all receipts in designated bank accounts as well as responsible for prompt payment of current bills and obligations against the city, when approved. The city treasurer shall be properly and sufficiently bonded. City Attorney Kiefer read Ordinance No by title and the Charter Amendment Ballot Question for the first time: Shall the Charter for the City of Indian Rocks Beach, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; be amended to abolish the City Treasurer as a Charter Officer and instead make that office an Administrative Department within the City? Don House, 2104 Beach Trail, spoke in opposition of the ordinance expressing concern for the loss of checks and balances and for the City Manager to have complete control over the budget. He also expressed concern for the City Commission not being able to dismiss the City Treasurer. Kelly Cisarik, 448 Harbor Drive South, spoke in opposition of eliminating the City Treasurer position from the City Charter. Nancy Obarski, 708 Beach Trail, Unit #B, stated her opposition of the ordinance; however, if it is to go forward, she expressed concerns for the wording of the amendment. She stated that the electorate will not understand that the amendment will have the City Treasurer reporting to the City Manager instead of the City Commission. She expressed concern that the wording does not depict the governmental change that will be made. Larry King, 420 Gulf Boulevard, also suggested changing the wording to Shall the City Treasurer no longer be accountable to the City Commission and that way the electorate would understand the question. Ed Piniero, Street, expressed his agreement with those who spoke nd in opposition of the ordinance. He stated that since he has been a resident of Page 16 of 25

17 the City, [1972], the City Treasurer has been a Charter Officer, and he believes it goes back to when the City was incorporated in He stated he does not recall a City Treasurer ever being fired. He expressed concern that every time there is a new City Manager, and if he is unhappy with the City Treasurer for any reason, he will find a way to terminate the City Treasurer, and then there is going to be a big turnover in the City Treasurer s office as well. He commented the biggest consideration is the checks and balances so that if a City Manager does not inform the City Commission, the City Treasurer is obligated to do so by the City Charter. He commented that one bad experience is not a reason to change the City Charter. Jim Driscoll, 481 Harbor Drive North, commented that problems exist when a person is supposed to report to the City Manager as an employee and the person as a Charter Officer has a duty to the City Commission and there is some confusion. He stated there is a use for a Charter Officer in charge of finances with a dual responsibility to the City Manager and the City Commission and that case could be made well by amendments to the City Charter and refinements to the definitions of the people involved, but to leave it as is, is an invitation to another disaster so it does need to be addressed. City Attorney Kiefer explained regarding Charter Amendments that the question in and of itself should be adequate to let the person know what they are voting for. She explained that the question is limited to 50 words. She stated that if there is interest in rephrasing the question she has suggestions noting that she thought that being an Administrative Department within the City was selfevident; however, it might not be to a lot of people. She suggested the following rephrasing: Shall the Charter for the City of Indian Rocks Beach, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; be amended to abolish the City Treasurer as a Charter Officer and instead make that office an Administrative Department within the City become an Administrative Department reportable to the City Manager? Commissioner Valery suggested: Shall the Charter for the City of Indian Rocks Beach, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; be amended to abolish the City Treasurer as a Charter Officer and instead make that office an Administrative Department within the City which reports to the City Manager? City Clerk O Reilly advised the ballot language must comply with Florida Statutes [ (1)] and the Uniform Ballot Rule (1S-2.032), which is as follows: (1) Ballot Question Titles Upper and Lower Case; Bold; Maximum 15 words; (2) Ballot Question Upper and Lower Case; Maximum 75 words; and (3) Voter Choices for Ballot Questions YES, NO ALL: CAPS. Page 17 of 25

18 City Attorney Kiefer suggested the following amendments to the Charter Amendment Ballot Title Question: CHARTER AMENDMENT REFERENDUM Providing for the transfer of the Charter Officer of City Treasurer to the City Administration ADMINISTRATIVE DEPARTMENTS OF THE CITY. City Attorney Kiefer explained the City Commission needs to be very careful with the question as courts can determine them as being unintelligible. City Attorney Kiefer offered the following amendments to the Charter Amendment Question: Shall the Charter for the City of Indian Rocks Beach, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; be amended to abolish the City Treasurer as a Charter Officer and instead make that office an Administrative Department within the City which reports solely to the City Manager and no longer reports to the City Commission? Commissioner Valery expressed concern for the word solely in the amended language. City Attorney Kiefer explained that right now the City Charter provides a dual reporting to both the City Manager and the City Commission. Commissioner Valery noted that what brought this about was taking direction from the City Manager not just reporting to him. City Attorney Kiefer agreed that everyone reports to the City Commission ultimately and the intent of the City Charter is to prevent individual City Commission Members disrupting the day-to-day business of running City Hall, and not to cut out the City Commission from all communication, especially from the Department Heads. Mayor Johnson noted that if the City Commission is no longer appointing the City Treasurer, then the City Commission would have to go through the City Manager for direction and requests of the City Treasurer; however, the City Commission can still have discussions and ask questions, but the position is no longer one that the City Commission hires and fires. He stated he assumes that if the amendment is addressing the appointing part, then everything else follows. City Attorney Kiefer suggested then changing the language to include appointment by the City Manager. Page 18 of 25

19 City Attorney Kiefer offered the following amendments to the Charter Amendment Question: Shall the Charter for the City of Indian Rocks Beach, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; be amended to abolish the City Treasurer as a Charter Officer and instead make that office an Administrative Department within the City appointed and terminated by the City Manager instead of by the City Commission? or Shall the Charter for the City of Indian Rocks Beach, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; be amended to abolish the City Treasurer as a Charter Officer and instead make that officer an Administrative Department Head employee within the City hired and terminated by the City Manager rather than the City Commission? ; or Shall the Charter for the City of Indian Rocks Beach, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; be amended to abolish the City Treasurer as a Charter Officer and instead make that Charter Officer office an Administrative employee within the City Administration hired and terminated by the City Manager? Consensus to amend the Charter Amendment Ballot Question Title and Ballot Question as follows: CHARTER AMENDMENT Referendum providing for the transfer of the Charter Office of City Treasurer to the City s Administrative Administration Departments of the City. Shall the Charter for the City of Indian Rocks Beach, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; be amended to abolish the City Treasurer as a Charter Officer and instead make that Charter Officer an Administrative Department within the City an employee within the City Administration, hired and terminated by the City Manager? YES For the amendment to the City Charter Section 6.1. NO Against the amendment of the City Charter Section 6.1 Motion made by Commissioner Valery, seconded by Vice Mayor Wollin to approve Ordinance No , on first reading, submitting to the Page 19 of 25

20 City electors, a referendum question on an amendment to the City of Indian Rocks Beach Charter, Article VI, Charter Officers, Administrative Departments; Section 6.1, City Clerk, City Treasurer, and City Attorney; Charter Officers; to be added to the General Municipal Election on March 10, 2009; establishing the question to appear on said ballot; providing for publication in accordance with the law, as amended. Commissioner Kennedy asked for clarification regarding her understanding that there was a time when the City Treasurer was not a Charter Officer. City Clerk O Reilly explained that according to the City Charter, there have been no changes to the City Treasurer section; however, the position used to be a combined position [City Clerk/City Treasurer]. She stated that in 1994, the City Manager split the dual position into two because of the increased job duties, responsibilities, workload, State mandates, and so forth for both positions. Commissioner Torres commented that if the City Treasurer was not a Charter Officer, the City Commission would not have been able to dismiss the former City Treasurer and changing this would take away that power from future City Commissions. Commissioner Torres requested City Clerk O Reilly provide information from other cities that have the City Manager/City Commission form of government in Pinellas County and surrounding Counties and how they are set up with Charter Officers. Vice Mayor Wollin expressed concern for diverting from the intent of the ordinance, which is not for the City Commission to decide whether or not to have the City Treasurer remain a Charter Officer, but asking to give the decision to the citizens. She reiterated that the City Charter clearly states that the City Manager is the person in charge and the Charter Officers are to report to him/her; therefore, either there has to be a change to the way the government operates or make the government operate the way the City Charter reads. She noted that her information is that hardly any municipalities in the State have Finance Officer/City Treasurers as Charter Officers; however, she would leave the decision in the hands of the voters. Mayor Johnson commented that this is an extraordinary decision and it behooves the City Commission to have as much information as possible in order to make the decision regarding placing the question on the ballot. He also wants to know how other cities address this issue. He commented that he thinks it is unusual for a city this size to have so many Charter Officers, and he thinks with a City Manager doing his/her job properly, it should not be a point of conflict where the City Commission does not have the direct ability to tell the City Treasurer what to do. Page 20 of 25

21 Commissioner Torres questioned if the voters decide not to make the change, is the Charter Review Committee able to go back to recommend a change to the City Charter for a provision regarding the City Manager s supervision. ROLL CALL VOTE: Valery - Yes Kennedy - No Wollin - Yes Torres - No Johnson - Yes Motion carried 3 to REPORTS OF THE CITY ATTORNEY. GRIESHABER LAWSUIT: City Attorney Kiefer reported that she attended the mediation today in the Grieshaber Lawsuit and an impasse was declared with Mr. Grieshaber not wanting to acknowledge owing the City any money and the offer to the City was for both to walk away with him not paying any money and the City not paying him any money and each party bears their own attorney fees and costs. She advised that she is required to relay that message; however, she represented to the panel she would not be recommending that to the City Commission. She explained that short of any prompting to move on that the next step is to set a trial date and she will ask Labor Attorney Gonzalez to set a flat fee to finish the trial. Consensus to direct the City Attorney to move forward with the trial in the Grieshaber Lawsuit. 9. REPORTS OF THE CITY MANAGER. FGFOA CONFERENCE/CAFR: Interim City Manager Taylor reported that this week he has been attending Florida Government Finance Officers (FGFOA) Conference, which he has found to be a valuable resource for the City. He advised that he spoke to Dan O Keefe of Moore Stephen Lovelace, P.A., the City s Auditors of record, who suggested that the City change the form of the report the City does from a Comprehensive Annual Finance Report (CAFR) to an Annual Financial Report, which would reduce the cost of the report, the labor, and various other components that are required in the CAFR. He stated he plans to look more into the idea to bring back to the City Commission. Mayor Johnson suggested that the Interim City Manager provide the history of the use of the CAFR in the City. 10. REPORTS OF THE CITY COMMISSION. COMMISSIONER TORRES: Page 21 of 25

22 Inquired if anything is being done regarding separating the Enterprise Fund Checking, Investment, and Savings Accounts versus pooling the accounts for all Funds [General Fund, Sewer Enterprise Fund, and Solid Waste Enterprise Fund]. Vice Mayor Wollin recalled the auditors indicated that the accounts are separate on the books, but keeping individual accounts was an archaic practice cities do not do anymore. Mayor Johnson suggested finding out what other cities do and why. City Attorney Kiefer suggested keeping the accounts separate until things are all straightened out in order for her to be able to make any evaluation of compliance if she is asked. Consensus for the Interim City Manager to conduct a survey of local municipalities to determine how other cities handle their enterprise funds, i.e., separate checking accounts. COMMISSIONER WOLLIN: Clarified that the Range Riders are scheduled to provide a presentation at the December 9, 2008 City Commission Meeting related to the recruitment of City Manager Candidates. Stated her support of establishing a Charter Review Committee in January 2009 and suggested City Commission Members begin to talk with citizens who would be willing to serve. Reported that a citizen has expressed great concern regarding foreclosed properties in the City and that the citizen was advised that the City has no recourse. She explained she has been reading that cities are beginning to pass legislation requiring banks and mortgage companies to take responsibility for maintenance of the properties during foreclosure proceedings. She requested that the Interim City Manager research the ability of the City Commission to pass a reasonable ordinance regarding this issue. Consensus for the City Attorney to prepare a draft ordinance outlining who is responsible for the upkeep of foreclosed properties. Addressed the issue of City Commission Reports being moved to the beginning of the agenda so that more citizens are able to take part in those discussions. COMMISSIONER KENNEDY: Inquired regarding the beach raking that was addressed under Public Comments. Public Services Director Scharmen advised that City Commission direction is to rake the beach once per month or in the event of a storm event or red tide. Commissioner Kennedy suggested referring the beach raking issue to the Environmental Stewardship Board. Stated she is still working on whether there are any grants or reimbursements for the $48,000 in consultant fees to the Keith & Schnars, P.A. for preparing the Evaluation Appraisal Report (EAR) of the Page 22 of 25