Board of Commissioners Regular Meeting
Regular MeetingMadeira Beach, FL · August 9, 2016
Minutes
THE CITY OF MADEIRA BEACH, FLORIDA
PUBLIC NOTICE
BOARD OF COMMISSIONERS
REGULAR MEETING
The Board of Commissioners of the City of Madeira Beach, Florida will meet at City Hall,
located at 300 Municipal Drive, Madeira Beach, Florida to discuss the agenda items of City
Business listed at the time indicated below.
I 6:00 P.M. TUESDAY, AUGUST 9, 2016 COMMISSION CHAMBERS I
A. CALL TO ORDER-The meeting was called to order at 6:02 p.m.
8. INVOCATION AND PLEDGE OF ALLEGIANCE - Commissioner Terry Lister
C. ROLLCALL
MEMBERS PRESENT: Travis Palladeno, Mayor
Housh Ghovaee, Vice-Mayor
Terry Lister, Commissioner District 1
Nancy Hodges, Commissioner District 2
Elaine Poe, Commissioner District 3
Staff Present: Shane B. Crawford, City Manager (CM)
Vincent M. Tenaglia, Assistant City Manager (ACM)
Thomas Trask, City Attorney (CA)
Aimee Servedio, City Clerk (CC)
Dave Marsicano, Public Works/Marina Director
Michelle Orton, Planning and Zoning Director (PZD)
D. APPROVAL OF THE MINUTES
1. BOC SPECIAL WORKSHOP JUNE 14, 2016
2. BOC AGENDA SETTING MEETING JUNE 14, 2016
3. BOC SPECIAL WORKSHOP MEETING JULY 12, 2016
A motion to approve the minutes as presented was made by Commissioner Lister and seconded by Commissioner
Hodges
ROLL CALL:
Commissioner Lister........................................VES Vice-Mayor Ghovaee..............................VES
Commissioner Hodges .....................................VES Mayor Palladeno..................................YES
Commissioner Poe...........................................VES
E. APPROVAL OF THE AGENDA
A motion to approve the agenda has presented was made by Commissioner Poe and seconded by Vice Mayor
Ghovaee
ROLL CALL:
Commissioner Lister........................................VES Vice-Mayor Ghovaee..............................YES
Commissioner Hodges.....................................YES Mayor Palladeno..................................YES
Commissioner Poe...........................................YES
PRESENTATIONS/PROCLAMATION
1. PSTA PRESENTATION
Brad Miller1 Rachel Arafello, Cassandra Borchers
Brad Miller: CEO of PSTA. Idea from Mayor of Oldsmar. Partnership with Uber or cap to major bus stops for minimal fee.
Madeira beach goes by Tyrone Square and the V.A.
08/09/2016 BOC Regular M ee ting 1 18
2. Gulf Beaches Public Library Budget Update
Maggie Cinnella
Maggie Cinella - will distribute budget. 12k total increase. Money that has been saved was discovered 8 years ago that
it's intended use for expansion could not be used in that way. Increase needed because of the low resources. 89k from
Madeira Beach, calculated by population which averages $20.57 per person, per year. There are 3,000 active library cards
of Madeira Beach residents. 16 thousand items checked out by Madeira Beach residents. The last major upgrade to the
facility was In the 1980's.
DAIS LOG REVIEW
F. PUBLIC COMMENT - LIMITED TO THREE (3) MINUTES
Thomas Whalley: Praised the prayer for the City at the beginning and Pat Shontz for giving her time to this City. Most
citizens don't realize how much the commission actually makes for the time they spend on issues.
Marilyn Halfling: Wants more communication such as notices on electronic boards and the website. Wants a citizen
meeting on building permits.
Terry England: Vice Mayor Ghovaee has been vetted by other agencies.
G. CONSENT AGENDA
1. PLANNING COMMISSION, CIVIL SERVICE COMMISSION, AND LIBRARY BOARD APPOINTMENTS
CA: Motion included appointment of new Planning and Civil Service Board Commission members
Sonny Flynn: Great opportunity and an honor to serve residents of Madeira Beach.
Robin Biloski: Look forward to service on Planning Commission and thanks City Commission for choosing her. Hopes to
bring energy and enthusiasm with her.
CM: Mr. Noble is out of town on work assignment. Will be sworn in at Planning Commission.
VM: Wonderful variety of folks applying. Everyone had good qualifications and thanked them for applying.
Jim Everett: Enjoyed service on Planning Commission. Wanted to contribute to the City through continuance service.
Tammy Slater-Kendrick: Wanted to find a way to give back to the city.
CM: No applications for the Library Board. Will revisit in 30 days.
A motion for appointments was made by Commissioner Lister and seconded by Commissioner Hodges
ROLL CALL:
Commissioner Lister........................................YES Vice-Mayor Ghovaee..............................YES
Commissioner Hodges.....................................YES Mayor Palladeno..................................YES
Commissioner Poe...........................................YES
H. CONTRACTS/AGREEMENTS
1. FIRST AMENDMENT TO SERVICES AGREEMENT WITH HUBBARD'S SEA ADVENTURES INC.
CM: Simple amendment of the start date. Staff recommendation for approval.
CA: Also added paragraph that added flexibility for listing of the landing points.
CM: Reason being, some are still being negotiated.
A motion to amend the services agreement with Hubbard's Sea Adventure was made by Commissioner Lister and
seconded by Commissioner Hodges
ROLL CALL:
Commissioner Lister........................................ YES Vice-Mayor Ghovaee..............................YES
08/09/ 2 016 BOC Regular M ee ting 2 18
Commissioner Hodges.....................................YES Mayor Palladeno..................................YES
Commissioner Poe...........................................YES
I. UNFINISHED BUSINESS
1. ORDINANCE 2016-06
A SECOND AND FINAL HEARING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, CREATING SECTION 86-29 OF
THE CODE OF ORDINANCES TO PROVIDE FOR ADMINISTRATIVE WAIVERS; PROVIDING FOR PURPOSE, APPLICABILITY,
AUTHORITY, APPLICATION PROCESS, REVIEW, FINDINGS AND DECISION, CONDITIONS OF APPROVAL, AND APPEAL
PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE.
CM: Staff recommendation is for approval
Jim Everett: helps streamline and saves money.
Tom Whalley: Thinks City Manager should have authority. Also let the Planning Commission have more authority as well
and get away from special magistrate.
A motion to approve Ordinance 2016-06 was made by Commissioner Hodges and seconded by Vice Mayor Ghovaee
ROLL CALL:
Commissioner Lister........................................YES Vice-Mayor Ghovaee..............................YES
Commissioner Hodges.....................................YES Mayor Palladeno..................................YES
Commissioner Poe...........................................YES
J. NEW BUSINESS
1. AWARD BANKING SERVICES RFP 2016-02
AUTHORIZATION TO AWARD COMPREHENSIVE BANKING SERVICES TO HANCOCK BANK, IN ACCORDANCE WITH RFP NO.
2016-02.
AQ!!: has been keeping BOC aware. No agreement on record with Bank of America. 2.8 mil balance required with no
interest earned. Bank of America has also terminated many agreements. There were 17 banks for the RFP. Received 9
proposals after pre meeting.
A motion to award banking services RFP 2016-02 was made my Commissioner Poe and seconded by Commissioner
Lister
ROLL CALL:
Commissioner Lister........................................YES Vice-Mayor Ghovaee..............................YES
Commissioner Hodges.....................................YES Mayor Palladeno..................................YES
Commissioner Poe...........................................VES
2. PUBLIC HEARING FOR ALCOHOLIC BEVERAGE APPLICATION #2016-06
A PUBLIC HEARING TO CONSIDER ALCOHOLIC BEVERAGE APPLICATION #2016.06 FOR A 2COP LICENSE (BEER AND WINE
ONLY/SALE BY THE DRINK FOR CONSUMPTION ON PREMISES AND PACKAGE SALES IN SEALED CONTAINERS) AT A
COMMERCIAL RECREATION AND ENTERTAINMENT FACILITY LOCATED AT 15395 GULF BOULEVARD.
PZN : Established in 1988 C-3 zoning. No parking or traffic problems. Staff recommendation is for approval
George: General Manager for 26 years. Multiple requests from patrons, this is not going to turn into a bar. This is only
for those who are golfing. 1 Beer per ID in small containers only.
08/09/ 2 016 B OC Reg ul a r M eeting 3 18
PZN: Received 2 letters of objection and one of no objection
A motion to approve alcoholic beverage application #2016-16 was made by Commissioner Hodges and seconded by
Commissioner Poe
ROLL CALL:
Commissioner Lister........................................YES Vice-Mayor Ghovaee..............................VES
Commissioner Hodges .....................................YES Mayor Palladeno ..................................VES
Commissioner Poe...........................................VES
Commissioner Poe: Has to leave. Is going to be absent for a couple of months due to devastating news. Appreciates
everyone letting her stay without penalties.
CA: You can miss 4 regular commission meetings. Absence can be excused for up to four. Usually after the meeting that
has occurred, you can excuse commissioner for the prior meeting.
Commissioner Poe: Would like to continue to get packets so she can stay up to date.
3. DISCUSSION OF CITY RESPONSIBILITY REGARDING ETHICS VIOLATIONS FILED AGAINST EMPLOYEES AND BOARD MEMBERS
DISCUSSION ON WHETHER TO INCUR POSSIBLE ADDITIONAL COSTS AND FEES FOR THE DEFENSE OF CllY EMPLOYEES AND
COMMISSION MEMBERS IF CITY'S INSURANCE POLICY LIMITS ARE EXCEEDED OR TERMINATED.
CA: Over the last several months, the City has been inundated with numerous lawsuits and ethics complaints. There was
another filed today. This particular issue is to address the ethics complaints that have been filed. The memo, dated July
28111 , contains explanation of common law obligation the city has relative to covering the attorney's fees and cost relative to
covering the defense. Specifically there have been complaints against Mayor Travis Palladeno, former commissioner
Shontz, Building official Frank Desantis, City Manager Shane B. Crawford, his administrative assistant Cheryl McGrady,
and Commissioner Poe, based off of a newspaper article. All of the complaints that have been found sufficient enough to
move forward, which is 5, have been given to your insurance carrier. The insurance covers up to $100,000. There is a
chance that the 7 different complaints could eat up the 100,000 coverage. The commission needs to determine whether or
not the city should defend the employees if the insurance policy is exceeded. The 5 complaints that are moving forward,
the insurance may decide to withdraw the coverage under the reservation of rights letter that they have provided. The
purpose of the memo is to give direction. The first option is to approve the payment of attorney's fees and cost for the 5,
possible 7, complaints. If the insurance limits are exceeded. The second is to approve the payment if the insurance company
decided no longer to defend. The third would be to wait until sometime in the future after the complaints are completed or
determined insufficient or founded and make the determination then. The last option would be to decide not to do anything.
The reason it is brought up now is because they have no assurance that they will be defended or the insurance would not
be there. If a decision is made, it will be reassurance for the employee. If a decision isn't made tonight, each individual may
hire their own lawyer and those fees could be much higher than the government rate. Will not discuss specifics of any of
the complaints as they are not subject to public records law. Suggests for the Mayor to abstain from voting on the matter as
it pertains to him to avoid conflict of interest.
Teey Lister: Let's get this on the table. We're going to cover people from start to end. No way are they going to leave people
hanging. They're working for the citizens and suing hurts the resident's pockets.
VM: We're a family. There is no personal interest or gain for any one of them. This city has been in the same shape since
the 1950's and they want to make it a wonderful city.
Nancy Hodges: We need to bring the foolishness to an end.
Jim Everett: I support the motion. Any organization covers the people who represents you. If the citizens want to create a
bill for themselves, so be it. It's gotten out of hand and it needs to be brought to an end.ii
Tom Whalley: Thinks we should use every single penny to hire the best defense team. We as citizens should be
embarrassed that it has come to this.
Reese Noren: Fully supports motion. Feels anyone who volunteers as well as elected should be defended.
Veronica Blackwood: Member of Madeira Beach United. Filed complaint.
Sam Baker: Wants to wait and see. Agrees with Lister about supporting employees. 2 former commissioners had to wait for
reimbursement and that has seemed to be policy,
08/09/ 2 016 BOC Regu l ar M ee ting 4 18
Joe Jorgenson: Surprised BOC would put out blank checks. Does not know what the suits are. Was there criminal intent?
What if there was? Insurance will do 100 thousand, wouldn't it be prudent to see how it progresses?
Robert Shaw: Civil dialogue replaced by litigation. The community is in trouble.
Steve Rayow: Mr. Jorgenson made good point. Unknown if there !'ire criminal charges and thinks it should be referred to
Attorney General's Office. If there are criminal charges, it will take precedence over any civil matter.
Len Piotti: Has been a victim as a commissioner and had to fend for himself. Angry because he can relate to it due to past
experience. Feels like there is a common thread to source of complaints.
Jeff Beggins: Agrees with motion.
~A: Before we move on. You've heard people discuss lawsuits, however this is pertaining to ethics complaints and wants
in to be absolutely clear that we're talking about complaints filed with the Commission of Ethics and the ICMA. Will address
the 4 lawsuits separately. The 100,000 is for all for the lawsuits.
CM: You're suing the home team. Once a united community and now It's being tom apart. If you have a problem, you run
against them not by suing them. Humbly asks the board defends him. 39 years old and wants to retire in Madeira Beach.
All of this is following him on Google and is displeased. Wants to know the company that he works for his behind him.
Mayor: Wants to clarify that he wants to vote for staff and commission and abstain for himself.
CA: There were ethics complaints in the memo that dealt with criminal charges. These complaints were still covered by the
city that provided defense. There is a two pronged test that determines whether the common law doctrine of the right to
legal representation is in place. The first is that the issue must arise out of the performance or be in connection with their
official duties. The second is that such performance of duties serves a public purpose. All are met with regards to number
one. The second question of the second prong is does it serve a public purpose. Thinks it should be pretty clear that when
you look at this it doesn't really matter what the activity was that occurred or being complained of. The real question is does
it serve a benefit to the public by resolving the entire issue. The commission has to make the determination. It's not what
they did in the underlying allegations.
CM: Just to be clear when he said there was criminal intent, he's talking about the examples in the memo. It's a waste of
tim e and money. This could take 8-10 months to get the investigation done, not sitting in limbo for that long if they're not
going to cover it.
Vice Mayor: Not even an option. Protecting citizens and employees. Commission has the CM's back.
CM: None of this happened until the city took on 2 major developments. It's too coincidental. Spotless employee record and
is sour by all of this.
A motion to pay for all legal fees for city employees who have received ethics violations was made by Commissioner
Lister and seconded by Vice-Mayor Ghovaee.
ROLL CALL:
Commissioner Lister....................................... YES Vice-Mayor Ghovaee ........................ YES
Commissioner Hodges ................................... YES Mayor Palladeno ..................•......... .YES*
Commissioner Poe .................................. ABSENT
*Abstained from voting for himself.
4. REAPPOINTMENT OF SPECIAL MAGISTRATES TO HEAR MOTIONS RELATED TO ORDERS PREVIOUSLY ENTERED
THOMAS J. TRASK, CllY ATTORNEY
CA: City Commission appointed new Special Magistrate to take office in July 1st• Any of the orders previously entered are
put into limbo. The city has received a motion for a rehearing for a case that he had heard. Asks the Commission to
reappoint the previous magistrates until December 315\ 2016. Defendant has made large settlement offer to City and may
not be necessary for rehearing.
A motion to reappoint Special Magistrates to hear motions related to orders previously enter was made by
Commissioner Lister and seconded by vice Mayor Ghovaee
ROLL CALL:
Commissioner Lister........................................YES Vice-Mayor Ghovaee ..............................YES
Commissioner Hodges.....................................YES Mayor Palladeno..................................YES
Commissioner Poe...........................................ABSENT
08/09/2016 BOC Regu l a r M eet i ng 5 18
5. RESOLUTION 2016-25
AMENDING THE FISCAL YEAR 2016 BUDGET BY INCREASING MARINA FUND REVENUE IN THE AMOUNT OF $21,000;
INCREASING MARINA FUND EXPENDITURES IN THE AMOUNT OF $21,000; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made to approve Resolution 2016-05 was made by Commissioner Hodges and seconded by Commissioner
Lister
Commissioner Lister........................................YES Vice-Mayor Ghovaee..............................YES
Commissioner Hodges.....................................YES Mayor Palladeno ..................................YES
Commissioner Poe...........................................ABSENT
6. RESOLUTION 2016-26
AMENDING THE FISCAL YEAR 2016 BUDGET BY INCREASING GENERAL FUND REVENUE IN THE AMOUNT OF $14,600;
INCREASING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $8,000; AND PROVIDING FOR AN EFFECTIVE DATE.
ACM: Related to parking ticket collections. Revenue is going up and so does the price of processing.
A motion was made to approve Resolution 2016-26 was made by Commissioner Lister and seconded by Commissioner
Hodges
Commissioner Llster........................................YES Vice-Mayor Ghovaee..............................YES
Commissioner Hodges.....................................YES Mayor Palladeno..................................YES
Commissioner Poe...........................................ABSENT
7. BUDGET AND FINANCE POLICY ADOPTION - REVENUE POLICY AND DEBT MANAGEMENT POLICY
PRESENTED AS PROPOSED ON APRIL, 26™ BOC WORKSHOP MEETING.
ACM: Follow-up to proposed policies in April. Wanted to bring new ideas and best practices to the Commissions
attention. These are long term policies will guide the city for a long time. The proposed budget was composed within the
guidelines of the policies. This will provide the framework for financial practices.
David Hart: Set out to do 4 policies a year ago. These are policies 3 and 4. Each policy is meant to put the city in position
to be in with prevailing practices.
8. ORDINANCE 2016-07
THE FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 90 -
CONCURRENCY MANAGEMENT OF THE CODE OF ORDINANCES; AMENDING SECTION 90-2 DELETING VARIOUS
DEFINITIONS RELATING TO SCHOOL CONCURRENCY, REVISING THE DEFINITION OF "PUBLIC SCHOOLS INTERLOCAL
AGREEMENT", AND CREATING DEFINITIONS FOR "DEFICIENT FACILITY", "LAND DEVELOPMENT REGULATORY
SYSTEM", "MOBILITY PLAN", "NEW PEAK HOUR TRIP", "PEAK HOUR", "PRE-EXISTING USE", "TRANSPORTATION
MANAGEMENT PLAN" AND "TRANSPORTATION MANAGEMENT SYSTEM"; AMENDING SECTIONS 90-4, 90-5, 90-7
AND 90-8 TO DELETE THE PROVISIONS RELATING TO SCHOOL CONCURRENCY; AMENDING SECTION 90-9 AND
SECTION 90-10 IN THEIR ENTIRETY TO REPEAL THE TRANSPORTATION CONCURRENCY PROVISIONS AND TO
ESTABLISH A TRANSPORTATION MANAGEMENT SYSTEM; CREATING SECTION 90-11 PROVIDING FOR THE
APPLICATION OF TRANSPORTATION MANAGEMENT PLAN STRATEGIES TO DEFICIENT ROAD CORRIDORS; CREATING
SECTION 90-12 PROVIDING FOR METHODOLOGY OF DETERMINATION OF TRIP GENERATION; RENUMBERING
SECTION 90-11 TO 90-13; RENUMBERING SECTION 90-12 TO 90-14 AND DELETING THE ADOPTED LEVEL OF SERVICE
FOR ARTERIAL AND COLLECTOR ROADS; RENUMBERING SECTION 90-13 TO 90-15; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made to approve the first reading of Ordinance 2016-07 by Commissioner Hodges and seconded by Vice
Mayor Ghovaee
Commissioner Llster........................................YES Vice-Mayor Ghovaee..............................YES
Commissioner Hodges.....................................YES Mayor Palladeno..................................YES
Commissioner Poe ...........................................ABSENT
9. ORDINANCE 2016-08
08/09/2016 BOC R e gu l a r M e eting 6 18
THE FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE GOALS, OBJECTIVES AND
POLICIES OF THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MADEIRA BEACH TO DELETE
TRANSPORTATION CONCURRENCY, TO PROVIDE FOR A MULTIMODAL TRANSPORTATION SYSTEM THAT MANAGES THE
IMPACTS OF DEVELOPMENT PROJECTS, INCREASES MOBILITY AND MITIGATES IMPROVEMENTS CONSISTENT WITH THE
METROPOLITAN PLANNING ORGANIZATION'S LONG RANGE TRANSPORTATION PLAN AND THE PINELLAS COUNTY MOBILITY
PLAN; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT TO REVISE CONCURRENCY REFERENCES TO MOBILITY
MANAGEMENT AND TO UPDATE A REFERENCE TO THE INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF PINELLAS
COUNTY REGARDING THE COORDINATION OF LAND USE AND PUBLIC SCHOOL FACILITIES PLANNING; AMENDING THE CAPITAL
IMPROVEMENTS ELEMENT TO SUPPORT THE ESTABLISHMENT OF A MULTIMODAL TRANSPORTATION SYSTEM IN ACCORDANCE
WITH THE PINELLAS COUNTY MOBILITY PLAN, AND TO ELIMINATE THE PUBLIC SCHOOLS LEVEL OF SERVICE STANDARD; ANO
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made to approve the first reading of Ordinance 20126-08 by Commissioner Hodges and seconded by
Commissioner Lister
Commissioner Lister........................................YES Vice-Mayor Ghovaee..............................VES
Commissioner Hodges .....................................VES Mayor Palladeno..................................VES
Commissioner Poe...........................................ABSENT
10. ORDINANCE 2016-09
THE FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CONSERVATION AND
COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MADEIRA BEACH; REVISING THE GOALS,
POLICIES AND OBJECTIVES OF THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO DELETE REFERENCE TO
ACCEPTABLE ROADWAY LEVELS OF SERVICE IN POLICY 1.8.1; TO REVISE GOAL 2 TO INCLUDE REFERENCES TO HIGH WATER
EVENTS; TO ADO OBJECTIVES AND POLICIES REGARDING FLOODING AND SEA LEVEL RISE; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made to approve the first reading of Ordinance 2016-09 by Commissioner Lister and seconded by Vice
Mayor Ghovaee
Commissioner Lister........................................YES Vice-Mayor Ghovaee..............................YES
Commissioner Hodges.....................................VES Mayor Palladeno..................................VES
Commissioner Poe...........................................ABSENT
11. ORDINANCE 2016-10
THE FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE PUBLIC SCHOOL
FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MADEIRA BEACH TO DELETE OBJECTIVES 2, 3 AND
4 AS WELL AS THE POLICIES UNDER THOSE OBJECTIVES; RENUMBERING OBJECTIVES 5, 6, 7 AND 8 AS WELL AS THE
POLICIES UNDER THOSE OBJECTIVES; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made to approve the first reading of Ordinance 2016-10 by Vice Mayor Ghovaee and seconded by
Commissioner Lister
Commissioner lister........................................YES Vice-Mayor Ghovaee..............................YES
Commissioner Hodges.....................................YES Mayor Palladeno..................................YES
Commissioner Poe...........................................ABSENT
K. REPORTS/CORRESPONDENCE
• CITY COMMISSION
VM: Stated some are under the impression he is here for self-interest and will not be working on any projects in
Madeira beach, will attend the chamber event on the 25th and has ideas and high goals that he would like to go over.
Mayor: Knows that Vice Mayor has a good reputation
CA: Most recent lawsuit has been given out.
CM: Citizen events are coming up. Expects over 900 people for Jaws on the beach. Also received a grant for engineering
of the docks.
• CITY ATTORNEY
CA: Most recent lawsuit has been given out.
08/09/2016 BOC Regular Meeting 7 J8
• CITY MANAGER
CM: Citizen events are coming up. Expects over 900 people for Jaws on the beach. Also received a grant for engineering
of the docks.
• CITYCLERK
L. ADJOURNMENT
Travis Palladeno, MAYOR
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Submitted by Nifk Lewis, Support Specialist
08/09/20 1 6 BOC Regu l ar M ee ting 8 18
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I A.ST NAME-B;ST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
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MAILING ADDRESS r, THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
~'17 c/N• ( ,3 ~iiy; fiA-en WHICH I SERVE IS A UNIT OF:
!'ICITY DcouNTY DorHER LOCAL AGENCY
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CITY
/).•.,1 r.ce,,./ NAME OF POLITICAL SUBDIVISION:
JVl"'r
DATE ON WHICH VOTE OCCURRED
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1, MY POSITION IS:
[il'ELECTIVE n APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected ooard, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
·-,ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
,ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative· includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
* * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate 1n tnese maners. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
··,y you or at your direction.
1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
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(a} A measure came or will come before my agenr.y whir.h (check one}
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __,
inured to the special gain or loss of my relative, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ,
inured to the special gain or loss of_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __, by
whom I am retained; or
inured to the special gain or loss of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ , which
is the parent organization or subsidiary of a principal which has retained me.
'I,)) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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Date Filed/ '
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
.~EMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE2
Agenda
THE CITY OF MADEIRA BEACH, FLORIDA
PUBLIC NOTICE
BOARD OF COMMISSIONERS
REGULAR MEETING
The Board of Commissioners of the City of Madeira Beach, Florida will meet at City Hall,
located at 300 Municipal Drive, Madeira Beach, Florida to discuss the agenda items of City
Business listed at the time indicated below.
6:00 P.M. TUESDAY, AUGUST 9, 2016 COMMISSION CHAMBERS
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Terry Lister
C. ROLL CALL
D. APPROVAL OF THE MINUTES
1. BOC SPECIAL WORKSHOP JUNE 14, 2016
2. BOC AGENDA SETTING MEETING JUNE 14, 2016
3. BOC SPECIAL WORKSHOP MEETING JULY 12, 2016
E. APPROVAL OF THE AGENDA
PRESENTATIONS/PROCLAMATION
1. PSTA PRESENTATION
Brad Miller, Rachel Arafello, Cassandra Borchers
2. Gulf Beaches Public Library Budget Update
Maggie Cinnella
DAIS LOG REVIEW
F. PUBLIC COMMENT – LIMITED TO THREE (3) MINUTES
G. CONSENT AGENDA
1. PLANNING COMMISSION, CIVIL SERVICE COMMISSION, AND LIBRARY BOARD APPOINTMENTS
H. CONTRACTS/AGREEMENTS
1. FIRST AMENDMENT TO SERVICES AGREEMENT WITH HUBBARD’S SEA ADVENTURES INC.
I. UNFINISHED BUSINESS
1. ORDINANCE 2016-06
A SECOND AND FINAL HEARING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, CREATING SECTION 86-29 OF
THE CODE OF ORDINANCES TO PROVIDE FOR ADMINISTRATIVE WAIVERS; PROVIDING FOR PURPOSE, APPLICABILITY,
AUTHORITY, APPLICATION PROCESS, REVIEW, FINDINGS AND DECISION, CONDITIONS OF APPROVAL, AND APPEAL
PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE.
J. NEW BUSINESS
1. AWARD BANKING SERVICES RFP 2016-02
AUTHORIZATION TO AWARD COMPREHENSIVE BANKING SERVICES TO HANCOCK BANK, IN ACCORDANCE WITH RFP NO.
2016-02.
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 in order to participate in this meeting should call 727-391-9951 or fax a written request to 727-399-1131.
BROADCAST ON BRIGHT HOUSE GOVERNMENT ACCESS CHANNEL 640
Posted August 05, 2016
2. PUBLIC HEARING FOR ALCOHOLIC BEVERAGE APPLICATION #2016-06
A PUBLIC HEARING TO CONSIDER ALCOHOLIC BEVERAGE APPLICATION #2016.06 FOR A 2COP LICENSE (BEER AND WINE
ONLY/SALE BY THE DRINK FOR CONSUMPTION ON PREMISES AND PACKAGE SALES IN SEALED CONTAINERS) AT A
COMMERCIAL RECREATION AND ENTERTAINMENT FACILITY LOCATED AT 15395 GULF BOULEVARD.
3. DISCUSSION OF CITY RESPONSIBILITY REGARDING ETHICS VIOLATIONS FILED AGAINST EMPLOYEES AND BOARD MEMBERS
DISCUSSION ON WHETHER TO INCUR POSSIBLE ADDITIONAL COSTS AND FEES FOR THE DEFENSE OF CITY EMPLOYEES AND
COMMISSION MEMBERS IF CITY’S INSURANCE POLICY LIMITS ARE EXCEEDED OR TERMINATED.
4. REAPPOINTMENT OF SPECIAL MAGISTRATES TO HEAR MOTIONS RELATED TO ORDERS PREVIOUSLY ENTERED
THOMAS J. TRASK, CITY ATTORNEY
5. RESOLUTION 2016-25
AMENDING THE FISCAL YEAR 2016 BUDGET BY INCREASING MARINA FUND REVENUE IN THE AMOUNT OF $21,000;
INCREASING MARINA FUND EXPENDITURES IN THE AMOUNT OF $21,000; AND PROVIDING FOR AN EFFECTIVE DATE.
6. RESOLUTION 2016-26
AMENDING THE FISCAL YEAR 2016 BUDGET BY INCREASING GENERAL FUND REVENUE IN THE AMOUNT OF $14,600;
INCREASING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $8,000; AND PROVIDING FOR AN EFFECTIVE DATE.
7. BUDGET AND FINANCE POLICY ADOPTION – REVENUE POLICY AND DEBT MANAGEMENT POLICY
PRESENTED AS PROPOSED ON APRIL, 26TH BOC WORKSHOP MEETING.
8. ORDINANCE 2016-07
THE FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 90 –
CONCURRENCY MANAGEMENT OF THE CODE OF ORDINANCES; AMENDING SECTION 90-2 DELETING VARIOUS
DEFINITIONS RELATING TO SCHOOL CONCURRENCY, REVISING THE DEFINITION OF “PUBLIC SCHOOLS INTERLOCAL
AGREEMENT”, AND CREATING DEFINITIONS FOR “DEFICIENT FACILITY”, “LAND DEVELOPMENT REGULATORY
SYSTEM”, “MOBILITY PLAN”, “NEW PEAK HOUR TRIP”, “PEAK HOUR”, “PRE-EXISTING USE”, “TRANSPORTATION
MANAGEMENT PLAN” AND “TRANSPORTATION MANAGEMENT SYSTEM”; AMENDING SECTIONS 90-4, 90-5, 90-7
AND 90-8 TO DELETE THE PROVISIONS RELATING TO SCHOOL CONCURRENCY; AMENDING SECTION 90-9 AND
SECTION 90-10 IN THEIR ENTIRETY TO REPEAL THE TRANSPORTATION CONCURRENCY PROVISIONS AND TO
ESTABLISH A TRANSPORTATION MANAGEMENT SYSTEM; CREATING SECTION 90-11 PROVIDING FOR THE
APPLICATION OF TRANSPORTATION MANAGEMENT PLAN STRATEGIES TO DEFICIENT ROAD CORRIDORS; CREATING
SECTION 90-12 PROVIDING FOR METHODOLOGY OF DETERMINATION OF TRIP GENERATION; RENUMBERING
SECTION 90-11 TO 90-13; RENUMBERING SECTION 90-12 TO 90-14 AND DELETING THE ADOPTED LEVEL OF SERVICE
FOR ARTERIAL AND COLLECTOR ROADS; RENUMBERING SECTION 90-13 TO 90-15; AND PROVIDING FOR AN
EFFECTIVE DATE.
9. ORDINANCE 2016-08
THE FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE GOALS, OBJECTIVES AND
POLICIES OF THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MADEIRA BEACH TO DELETE
TRANSPORTATION CONCURRENCY, TO PROVIDE FOR A MULTIMODAL TRANSPORTATION SYSTEM THAT MANAGES THE
IMPACTS OF DEVELOPMENT PROJECTS, INCREASES MOBILITY AND MITIGATES IMPROVEMENTS CONSISTENT WITH THE
METROPOLITAN PLANNING ORGANIZATION’S LONG RANGE TRANSPORTATION PLAN AND THE PINELLAS COUNTY MOBILITY
PLAN; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT TO REVISE CONCURRENCY REFERENCES TO MOBILITY
MANAGEMENT AND TO UPDATE A REFERENCE TO THE INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF PINELLAS
COUNTY REGARDING THE COORDINATION OF LAND USE AND PUBLIC SCHOOL FACILITIES PLANNING; AMENDING THE CAPITAL
IMPROVEMENTS ELEMENT TO SUPPORT THE ESTABLISHMENT OF A MULTIMODAL TRANSPORTATION SYSTEM IN ACCORDANCE
WITH THE PINELLAS COUNTY MOBILITY PLAN, AND TO ELIMINATE THE PUBLIC SCHOOLS LEVEL OF SERVICE STANDARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 in order to participate in this meeting should call 727-391-9951 or fax a written request to 727-399-1131.
BROADCAST ON BRIGHT HOUSE GOVERNMENT ACCESS CHANNEL 640
Posted August 05, 2016
10. ORDINANCE 2016-09
THE FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CONSERVATION AND
COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MADEIRA BEACH; REVISING THE GOALS,
POLICIES AND OBJECTIVES OF THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO DELETE REFERENCE TO
ACCEPTABLE ROADWAY LEVELS OF SERVICE IN POLICY 1.8.1; TO REVISE GOAL 2 TO INCLUDE REFERENCES TO HIGH WATER
EVENTS; TO ADD OBJECTIVES AND POLICIES REGARDING FLOODING AND SEA LEVEL RISE; AND PROVIDING FOR AN EFFECTIVE
DATE.
11. ORDINANCE 2016-10
THE FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE PUBLIC SCHOOL
FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MADEIRA BEACH TO DELETE OBJECTIVES 2, 3 AND
4 AS WELL AS THE POLICIES UNDER THOSE OBJECTIVES; RENUMBERING OBJECTIVES 5, 6, 7 AND 8 AS WELL AS THE
POLICIES UNDER THOSE OBJECTIVES; AND PROVIDING FOR AN EFFECTIVE DATE.
K. REPORTS/CORRESPONDENCE
CITY COMMISSION
CITY ATTORNEY
CITY MANAGER
CITY CLERK
L. ADJOURNMENT
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 in order to participate in this meeting should call 727-391-9951 or fax a written request to 727-399-1131.
BROADCAST ON BRIGHT HOUSE GOVERNMENT ACCESS CHANNEL 640
Posted August 05, 2016
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