Board of Commissioners Regular Meeting
Regular MeetingMadeira Beach, FL · January 9, 2018
Minutes
BOARD OF COMMISSIONERS MEETING MINUTES
REGULAR MEETING
January 9, 2018
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A regular meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on January
9, 2018 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira
Beach, Florida. Mayor Black called the meeting to order.
MEMBERS PRESENT: Maggi Black, Mayor
John Douthirt, Vice-Mayor, Commissioner District 4
Terry Lister, Commissioner District 1
Nancy Hodges, Commissioner District 2
Nancy Oakley, Commissioner District 3
CITY STAFF PRESENT: Derry! O'Neal, Acting City Manager
Ralf Brookes, City Attorney
Clara VanBlargan, City Clerk
Walter Pierce, Finance Director
Dave Marsicano, Public Works/Marina Director
A. CALL TO ORDER
Mayor Black called the January 9, 2018 regular meeting to order at approximately 6:00 P.M.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Lister gave the Invocation and led the Pledge of Allegiance.
C. ROLLCALL
City Clerk Clara VanBlargan called the Roll and all Commission members were present.
A motion was made by Madam Mayor to approve the minutes of 11/14/2017 - first motion made by
Commissioner Lister, seconded by Commissioner Hodges.
D. APPROVAL OF THE MINUTES
• 11/1412017 BOC Workshop Agenda Setting Meeting
Commissioner Lister made a motion to approve the November 14, 2017 BOC Workshop Agenda Setting
Meeting. The motion was seconded by Commissioner Hodges.
ROLL CALL VOTE:
Commissioner Lister ·ves·
Commissioner Hodges "YES•
Vice-Mayor Douthirt "Yes·
Commissioner Oakley "Yes·
Mayor Black "YES•
Motion carried 5-0
E. APPROVAL OF THE AGENDA
Commissioner Hodges made a motion to approve the agenda, seconded by Commissioner Oakley.
Commissioner Oakley would like to remove both items off the consent agenda and move this to New
Business.
BOARD OF COMMISSIONERS MEETING MINUTES
REGULAR MEETING
January 9, 2018
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Commissioner Hodges made a motion to amend the motion to remove item G1. Purchase of Wireless
Microphone System for the Commission Chamber and item G2. Purchase of Valves from Wapro, Inc.
Commissioner Oakley seconded the motion.
ROLL CALL VOTE:
Commissioner Oakley "YES"
Vice-Mayor Douthirt "YES"
Mayor Black "YES"
Commissioner Hodges •YES"
Commissioner Lister "YES"
The motion carried 5-0.
I. PRESENTATIONS/PROCLAMATIONS
a. Law Enforcement Officer of the Year - Deputy Shannon Roxby was presented a plaque by
Madam Mayor
b. Firefighter of the Year-John Sleppy, Firefighter/Paramedic was presented a plaque by Madam
Mayor and Todd Ermscher
c. Promotion of Clint Belk to Fire Inspector - Todd Ermscher recognized Clink Belt full time fire
inspector of Madeira Beach and presented Clint with a badge.
d. Pam Ramussen and Roger Gooston presented the following charities with check donation:
• Heaven on Earth for Veterans - donation was $1500
• Veterans Art Center of Tampa Bay - $2000
• Bay Pines VA Center - $5000
• Veteran's Boat Parade & Donation toward 911 Memorial - Firefighter Sleppy accepted a
donation on behalf of 911 memorial.
• Special donation from America Commercial Construction will donate a new roof to a
deserving veteran Jack Garret
• Major Maxsom from the Veterans Art presented Madam Mayor a photo of an eagle.
e. Cale America - Discussion on implementing new parking machines - Natalie Pick answered
all questions and concerns from the board regarding pay by plate. She said the new machines
accept coin or card for payment. The signage for the new machines will be installed very soon,
Finance Director Walt Pierce said Cale America is also responsible for the maintenance of the new
machines and the City will have full access to the SD cards.
II. DAIS LOG - There were no items for the Dias log
OPENED PUBLIC COMMENT
Robert Preston stressed concern with the new parking machines.
A resident that did not give her name stressed concern that the new parking machines are not working
property and the paper jamming.
Robert Preston stressed concern with parking machine paper jamming and said the machines are not
making money for the City.
CLOSED PUBLIC COMMENT
BOARD OF COMMISSIONERS MEETING MINUTES
REGULAR MEETING
January 9, 2018
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The Mayor read a letter distributed by Robert Preston that she said was not true.
OPENED PUBLIC COMMENT
Linda Hein said it is not a Sunshine violation when Commission members meet up with other residents at
a restaurant.
Rebecca Parkett commented about the new Commission and said the citizen's wanted change.
Barbara Donavon requested a brief meeting with her Commissioner. Commissioner Oakley said she will
be meeting with Barbara.
Ann Rainow urged the Commission to stop the backstabbing, so progress can be seen in the City.
Steve Rainow said there needed to be a change in the way Commissioners are elected in the City.
Bill Gay requested a copy of the Judge's ruling about recent ethics complaints and said they should be
posted on the City's website.
CLOSED PUBLIC COMMENT
F. UNFINISHED BUSINESS
I. PURCHASE OF WIRELESS MICROPHONE SYSTEMS FOR THE COMMISSION CHAMBER
Finance Director Walter Pierce said he had took this on because the Commissioners wanted a setup
change with workshop meetings instead of sitting at the Dias. He explained the costs involved in the
wireless microphone system.
Following discussion, Vice-Mayor Douthirt suggested holding off on the purchase of microphones.
II. PURCHASE OF VALVES FROM WAPRO, INC.
Dave Marsicano said the purchase of six valves are for the Boca Ciega neighborhood and Pruitt Drive. The
quote total cost is $28,909.00. As we get more valves the prices of these will go down.
Commissioner Lister made a motion to approve the contract with Wapro for $28, 909.00. The motion was
seconded by Commissioner Hodges.
ROLL CALL VOTE:
Commissioner Lister "YES•
Commissioner Oakley "YES•
Commissioner Hodges "YES"
Vice-Mayor Douthirt "YES"
Mayor Black "YES"
The motion carried 5-0.
G. UNFINISHED BUSINESS
I. Ordinance 2017-13, the manner of holding the 2018 Municipal Election and its location - 2ND
Reading & Public Hearing
BOARD OF COMMISSIONERS MEETING MINUTES
REGULAR MEETING
January 9, 2018
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The City Clerk read Ordinance 2017-13 by title only and reviewed the agenda item.
Commissioner Hodges made a motion to adopt Ordinance 2017-13 after second reading and public
hearing. Commissioner Oakley seconded the motion.
ROLL CALL VOTE:
Commissioner Hodges "YES"
Commissioner Oakley "YES"
Commissioner Lister "YES"
Vice-Mayor Douthirt "YES"
Mayor Black "YES"
The motion carried 5-0.
I. CONTRACTS/AGREEMENTS
I. Complus Data Innovations, Inc. Agreement - Parking Enforcement Handheld Ticketing
Devices
Bob Rival, representative of Complus Data Innovations, explained the item and said they have contracted
with the City for the past three years. The new agreement is to update the hand-held devices which is a
major change and an improvement in the technology.
Commissioner Oakley made a motion to approve the agreement with Complus Data innovations. Vice-
Mayor Douthirt seconded the motion.
ROLL CALL VOTE:
Commissioner Lister "YES"
Commissioner Oakley "YES"
Commissioner Hodges "YES"
Vice-Mayor Douthirt "YES"
Mayor Black "YES"
The motion carried 5-0.
II. Approve Agreement with CPWG to provide CEI Services - Gulf Boulevard Resurfacing
Dave Marsicano explained this is a DOT project and CPWG will do the inspections for this work. The project
is a 100% reimbursement from the State.
OPENED TO PUBLIC COMMENT
John Hendricks commented there is a water leak on Gulf Blvd around 149th and he is concerned that there
may be a car that can drop in.
Deby Weinstein asked when the last time Gulf Blvd was re-surfaced, and Mr. Marsicano explained.
CLOSED TO PUBLIC COMMENT
Commissioner Oakley made a motion to approve the contract with CPWG. Vice Mayor Douthirt seconded
the motion.
ROLL CALL VOTE:
BOARD OF COMMISSIONERS MEETING MINUTES
REGULAR MEETING
January 9, 2018
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Commissioner Lister "YES"
Commissioner Oakley "YES"
Commissioner Hodges "YES"
Vice-Mayor Douthirt •YES"
Mayor Black •YES"
The motion carried 5-0.
J. NEW BUSINESS
I. Ordinance 2018-01, First Budget Amendment to Fiscal Year 2018 Annual Budget - 1sr
Reading
City Clerk Clara VanBlargan read the Ordinance by title only.
Finance Director Walt Pierce explained that this ordinance amended the FY-2018 Annual Budget (October
1, 2017 through September 30, 2018). He said the project with FDOT is a good part of this budget
amendment.
Commissioner Lister made a motion to approve Ordinance 2018-01 after first reading. Vice-Mayor Douthirt
seconded the motion.
ROLL CALL VOTE:
Commissioner Lister "YES"
Commissioner Oakley "YES"
Commissioner Hodges "YES•
Vice-Mayor Douthirt ''YES•
Mayor Black "YES"
The motion carried 5-0.
II. Appointment of Regular Membership to the Planning Commission
City Clerk Clara VanBlargan explained there is a vacancy on the Planning Board due to the resignation of
one of its members, there are three applicants that applied, the term expires August 15, 2018, which is a
partial term and then the new member can apply for the full term.
Vice Mayor Douthirt made a motion to appoint Ruth Cabella to serve as a member to the Planning
Commission for a partial term expiring on August 15, 2018. Commissioner Oakley seconded the motion.
Ruth Cabella came to the podium and introduced herself.
John Hendricks came to the podium and introduced himself. He is very involved in Madeira Beach.
Commissioner Hodges asked Mr. Hendricks if he wanted to stay on the committees he is already a member
of and he said yes.
ROLL CALL VOTE:
Commissioner Lister "NO"
Commissioner Oakley "YES"
Commissioner Hodges "NO"
Vice-Mayor Douthirt "YES"
Mayor Black "YES"
BOARD OF COMMISSIONERS MEETING MINUTES
REGULAR MEETING
January 9, 2018
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The motion carried 3-2.
Ill. Whalley vs. City of Madeira Beach: SETTLEMENT OF LITIGATION
City Attorney Ralf Brookes explained this is a short-term rental code enforcement settlement. He explained
the settlement agreement and said the violator had plead guilty and agreed to pay the administrative cost
of $914. The property has come into compliance. Deputy Roxby explained that his advertising is in
compliance also.
Vice Mayor Douthirt made a motion to approve the Settlement of Litigation and Commissioner Lister
seconded the motion.
ROLL CALL VOTE:
Commissioner Lister "YESU
Commissioner Oakley "YES"
Commissioner Hodges "YES"
Vice-Mayor Douthirt "YES"
Mayor Black "YES"
The motion carried 5-0.
IV. Filing of Declaratory Judgement and Injunctive Relief regarding the Sufficiency of Grounds
of Recall
The City Attorney explained there was a recall petition that was filed, and former City Attorney Erica Augello
filed a memorandum opinion that this is insufficient to allege malfeasance. He gave three recall examples
and suggested that the City should file a declaratory judgement and injunctive action with the circuit court
on behalf of the two City Officials. A Judge will determine if the grounds are sufficient or not. He said he
could handle this at a rate of $185 an hour or the City could choose a different lawyer to handle it.
The City Attorney said there was no need for the Commission to vote at this time. The item was presented
for informational purposes of what is to come.
E. REPORTS/CORRESPONDENCE
• CITY COMMISSION
• CITY ATTORNEY
• CITY MANAGER
• CITYCLERK
The City Clerk announced that the City attorney was going to give a presentation on Ethics and the
Sunshine Law to the new committees on February 13th at 3:00 p.m. Each board will choose a chair and
vice-chair and schedule their meetings.
Finance Director Walter Piece said a citizen approached him requesting the Revenue & Expenditures for
the Recreation Department. He reported the following:
• Actual Revenue - $420,556.81 - over budgeted by $151,056.81
• Actual expenditure - $886,088.47 - under budgeted by $90,891.53
F. ADJOURNMENT
BOARD OF COMMISSIONERS MEETING MINUTES
REGULAR MEETING
January 9, 2018
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The Mayor adjourned the meeting at 7:59 p.m.
In . v_oJt__,
Magg~ ayor
ATTEST:
Agenda
THE CITY OF MADEIRA BEACH, FLORIDA
PUBLIC NOTICE
BOARD OF COMMISSIONERS
REGULAR MEETING AGENDA
The Board of Commissioners of the City of Madeira Beach, Florida will meet in the Patricia
Shontz Commission chambers at City Hall, located at 300 Municipal Drive, Madeira Beach,
Florida to discuss the agenda items of City Business listed at the time indicated below.
Meetings will be televised on Spectrum Chanel 640 and streamed on
Livestream.com/cityofmadeirabeach.gov
6:00 P.M. TUESDAY, JANUARY 9, 2018 COMMISSION CHAMBERS
[Workshop Agenda Setting Meeting will be held at 5:45 p.m.]
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Terry Lister
C. ROLL CALL
D. APPROVAL OF THE MINUTES
• 11/14/2017 BOC Workshop Agenda Setting Meeting
• 11/28/2017 BOC Special Budget Meeting
• 12/12/2017 BOC Regular Meeting
• 12/19/ 2017 BOC Workshop Meeting
E. APPROVAL OF THE AGENDA
I. PRESENTATIONS/PROCLAMATIONS
a. Law Enforcement Officer of the Year – Deputy Shannon Roxby
b. Firefighter of the Year – John Sleppy, Firefighter/Paramedic
c. Promotion of Clint Belk to Fire Inspector
d. Veteran’s Boat Parade & Donation toward 911 Memorial - Pam Ramussen
II. DAIS LOG REVIEW
The Dais Log Review is provided to update and explain any item that is presented on the Board of Commission Dais Log.
The Dais Log is created when items are completed for presentation after the distribution of the packets but before the
meetings. Items can only be placed on the Dais Log by City Manager approval.
F. PUBLIC COMMENT
Public participation is encouraged. If you are addressing the Commission, step to the podium and state your name and
address for the record. Please limit your comments to three (3) minutes.
G. CONSENT AGENDA
I. Purchase of Wireless Microphone System for the Commission Chamber
This item was discussed at the December 12, 2017 regular meeting and the November 19, 2017 workshop meeting.
Additional quotes for a lower cost for the system were provided to the Commission at the workshop meeting and a
presentation was given by Alan Robson, a representative of the City’s network people, Network People, Inc. The
Commission can choose to approve the purchase of the microphone system at a cost of $10,072 from Network People,
Inc., purchase the system at a lower cost, or continue with the same workshop setting. If the Commission chooses to
change the workshop setting for future Workshops, management recommends purchasing the $10,072.00 wireless
microphone system. Staff has no testimonials as to the quality of the system at a lower cost.
II. Purchase of Valves from Wapro, Inc.
The purchase of 6 valves are for the Boca Ciega Neighborhood and Pruitt Drive. The quoted total cost is $28,909.00.
H. UNFINISHED BUSINESS
I. ORDINANCE 2017-13, THE MANNER OF HOLDING THE 2018 MUNICIPAL ELECTION AND ITS LOCATION – 2ND
READING & PUBLIC HEARING – City Clerk
This is an annual election ordinance adopted per City Charter Section 3.4, Subsection B.
J. CONTRACTS/AGREEMENTS
I. Complus Data Innovations, Inc. Agreement – Parking Enforcement Handheld Ticketing Devices
The City has contracted with Complus Data Innovations, Inc. for the past three years. The new agreement is for a three-
year term. The percentage of revenue collected remains the same at 12.5% and there is no additional cost of providing
two advanced Handhelds that will work with the new Parking machines and the “pay by plate” advanced feature.
II. Approve the Work Order with CPWG for CEI Services – Gulf Boulevard Resurfacing JPA
K. NEW BUSINESS
I. ORDINANCE 2018-01, FIRST BUDGET AMENDMENT TO FISCAL YEAR 2018 ANNUAL BUDGET – 1ST READING
This ordinance amends the FY-2018 Annual Budget (October 1, 2017 through September 30, 2018)
II. APPOINTMENT OF REGULAR MEMBERSHIP TO THE PLANNING COMMISSION.
A vacancy exists on the Planning Commission due to the resignation of Dennis Car. The City Clerk received three
applications for appointment: John B. Hendricks, Ruth Cabella, and John W. Neff. The Commission will appointment one
of the applicants to serve as a regular member to the Planning Commission for a partial term expiring on August 15,
2018 at which time the member can apply for appointment to serve a full three-year term.
III. WHALLEY VS. CITY OF MADEIRA BEACH: SETTLEMENT OF LITIGATION
IV. FILING OF DECLARATORY JUDGEMENT AND INJUNCTIVE RELIEF REGARDING THE SUFFICIENCY OF GROUNDS OF
RECALL
This agenda item is from City Attorney Ralf Brookes.
L. REPORTS/CORRESPONDENCE
• CITY COMMISSION
• CITY ATTORNEY
• CITY MANAGER
• CITY CLERK
M. 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.
Posted January 4, 2018
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