Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 12, 2019 6:00 P.M. A regular meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on February 12, 2019 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: Maggi Black, Mayor Deby Weinstein, Vice-Mayor/Commissioner District 1 Nancy Hodges, Commissioner District 2 John Douthitt, Commissioner District 4 MEMBERS ABSENT: Commissioner District 3 - Vacant CITY STAFF PRESENT: Jonathan Evans, City Manager Clara VanBlargan, City Clerk Ralf Brookes, City Attorney 1. CALL TO ORDER Mayor Black called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Nancy Hodges gave the Invocation and led the Pledge of Allegiance. 3. ROLLCALL City Clerk Clara VanBlargan called the roll. 4. APPROVAL OF THE AGENDA Mayor Black said Agenda Item 7.E., Resolution 2019-03, Five-Year Commitment to Veteran' s Boat Parade, under New Business is moving to Item A. Vice-Mayor Weinstein requested that Agenda Item 7.G., Planning Commission Appointment, be moved to the March 19, 20 19, BOC Regular Meeting agenda, so there would be a full Board of Commissioners to vote on the item. The Board provided a consensus. February 12, 2019, BOC Regular Meeting Page 1 of 16  4.1. PROCLAMATIONS 4.2. PRESENTATIONS A. Treasure Island & Madeira Beach Chamber of Commerce donating Golf Tournament Funds to City of Madeira Beach (Verbal Presentation) - Missy Hahn, President of Chamber Missy Hahn, President of the Treasure Island & Madeira Beach Chamber of Commerce, reported on their Golf Tournament event and donated $1,000 from some of the funds raised from the event to the youth group of Madeira Beach. She introduced representatives who joined her at the podium. B. Deputy Shawn O'Brien - Crime Prevention Report Deputy Shawn O'Brien from the Pinellas County Sheriffs Office showed a PowerPoint presentation reporting on Crime Prevention. 4.3.DAIS LOG REVIEW In accordance with the Board of Commissioners Policy Handbook 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. 5. PUBLIC COMMENT Public participation is encouraged. Ifyou are addressing the Commission, step to the podium and state your name and address for the record. Please limit your comments to three (3) minutes and do not include any topic that is on the agenda. Public comment on agenda items will be allowed when they come up. Robin Biloski, 13151 Avenue E and member of the City of Madeira Beach Planning Commission, said a seat on the Planning Commission has been vacant for almost three months and it is vital that the seat be filled instead of waiting another month. John Hendricks, 569 Normandy Road, apologized to the City Manager for a comment he had made at the previous Commission meeting regarding who he rented from. He has since learned that the information is not true. He commented about an employee recently terminated over hearsay and it went to the Civil Service Commission and an unanimous decision had been made regarding that. He asked that the City Manager reevaluate his decision in that matter. Marsha Buckley, 430 Boca Ciega Drive, said she was disappointed that an item regarding an addition to her home would be on the agenda and it was not. The Planning Commission had approved the item. She endured unnecessary traveling expenses expecting the item on the February 12, 2019, BOC Regular Meeting Page 2 of16  agenda. She asked that there be a special meeting for the Board to consider that item so she would not have to wait an additional month. Community Development Director Linda Portal said the meeting date needed to meet the 10- day notice requirement. The Board consented to having the special meeting on February 22 to accommodate the 10-day notice requirement. Steve Kochick, 15301 2nd Street E, commented on campaign signs being removed and asked that people report it if they see it happening. Denise Rostek, 480 13 7th Avenue Circle, read a prepared statement regarding a contractor not properly building their new home. It will cost thousands of dollars to correct the building code violations that exist from the original construction of the home. She said the Building Official had been a willing participant in that action by not doing the required inspections on the home when under construction. The City Manager and the City Attorney also had agreed to file a complaint with the county and state against the builder with the intent to help them. To date, only the county complaint had been filed. The City has a moral and ethical responsibility to act. Jim Rostek, 480 137th Avenue Circle, asked that the Building Official be placed on administrative leave, his law enforcement powers relating building inspections be suspended, and that he not be allowed to have contact with the public until all investigations are completed and the findings are published. He requested a temporary moratorium on any building code related inspections, unless the City requests the assistance from Pinellas County to complete those inspections. Robert Preston, 425 S. Bayshore Drive, said he was disappointed in the Mayor for not attending the meeting regarding the resignation of a Commissioner. He commented that the Fire Chief was found guilty in an ethics complaint filed against him and he was only given a two-week suspension and an employee was fired because of hearsay. 6. CONSENT AGENDA Any member of the Board of Commissioners can ask to pull a consent item for separate discussion and vote. A. Approval of Minutes: • December 6, 2018, BOC Charter Amendments Workshop Meeting • December 8, 2018, BOC Regular Workshop Meeting Minutes • January 8, 2019, BOC Workshop Agenda Setting Meeting Minutes • January 8, 2019, BOC Regular Meeting Minutes B. Parkmobile Parking Services Agreement - Walt Pierce, Finance Director C. Financial Investment Services: Merger of Florida Community Bank, National Association with Synovus Bank - Walt Pierce, Finance Director February 12, 2019, BOC Regular Meeting Page 3 of 16  D. Surplus of City Assets - Walt Pierce, Finance Director Commissioner Douthirt motioned to approve the Consent Agenda. Vice-Mayor Weinstein seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Vice-Mayor Weinstein "YES" Commissioner Hodges "YES" Mayor Black "YES" The motion carried 4-0. 7. UNFINISHED BUSINESS E. Resolution 2019-03-Five-Year Commitment to Veterans' Boat Parade, along with a $5,000 Annual Contribution City Manager Jonathan Evans reviewed the item and commented that the resolution memorialized the City's commitment to a five-year contribution of$5,000 per year to assist in offsetting costs and defraying expenses associated with the Veterans' Day Boat Parade. Staff recommended approval of Resolution 2019-03. Vice-Mayor Weinstein commented that the boat parade is great, but it was wrong to contribute taxpayer money to the event organizers or to any other organization. The event should not be called the City of Madeira Beach Boat Parade. Mayor Black opened to public comment. Pam Rasmussen, 567 Normandy Road, thanked the Board for considering the resolution and the City Manager for moving forward with it. She said they donate the money raised from the events to different charitable organizations that represent and help their local veterans. JeffBeggins, 429 Boca Ciega Drive, said the company has already donated and sponsored the veterans' parade and he would like the City to continue supporting the event. Robert Preston, 425 S. Bayshore Drive, commented that supporting the veterans boat parade is one of the ways the City can honor the veterans that live in the City. Commissioner Hodges thanked Pam Rasmussen for doing a great job hosting the event. She has volunteered in the event for the past two years and it is an event that everyone loves. February 12, 2019, BOC Regular Meeting Page 4 of 16  City Clerk Clara VanBlargan read Resolution 2019-03 by title only. Vice-Mayor Weinstein motioned to pass Resolution 2019-03, five-year commitment to Veterans' Boat Parade. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Hodges "YES" Vice-Mayor Weinstein "NO" Mayor Black "YES" The motion carried 3-1. A. Ordinance 2019-01, The Manner of Holding the 2019 Municipal Election and Its Location - 2 nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Election Official City Clerk Clara VanBlargan read Ordinance 2019-03 in its entirety. Mayor Black opened to public comment. There was no public comment. Vice-Mayor Weinstein motioned to adopt Ordinance 2019-01, prescribing the method of holding the Municipal Election on March 12, 2019 and providing for the polling location for the election, after second reading and public hearing. Commissioner Douthirt seconded the motion. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Hodges "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 4-0. B. Public Hearing to Consider a Request for Alcoholic Beverage Use Permit #2018-02 for a 2COP License (beer and wine sale for consumption on premises and package sales in sealed containers) - Linda Portal, Community Development Director Linda Portal, Community Development Director, reviewed the item and said the applicant's intent is not to sell packaged alcohol, but to sell beer and wine for consumption on premises. She read and explained the five factors for the Board to consider before approving the item. February 12, 2019, BOC Regular Meeting Page 5 of 16  Lynne Paklikuha, owner of the Sand Bar and applicant, told about her establishment and the reason for requesting the 2COP alcoholic beverage license. Vice-Mayor Weinstein commented in favor of the item and asked if they could approve it contingent upon the issuance of the Certificate of Occupancy to make sure all the requirements will be met. Mayor Black opened to public comment. There was no public comment. Vice-Mayor Weinstein motioned to approve the request for an alcoholic beverage license for The Sand Bar, located at 121 129th Avenue E., contingent upon the issuance of the Certificate of Occupancy. Commissioner Douthirt seconded the motion. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Douthirt "YES" Commissioner Hodges "YES" Mayor Black "YES" The motion carried 4-0. C. Ordinance 2019-04, Board of Commissioners Salary Correction - 1st Reading- Clara VanBlargan, City Clerk Mayor Black said Agenda Item 7.C. is a duplication of the item listed under New Business. The item will be considered at that time. D. Ordinance 2019-05, PD Schooner - 1st Reading - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance 2019-03 by title only. Linda Portal, Community Development Director reviewed the item. Jack Bodziak, Architect, provided a PowerPoint presentation showing the design and layout of the project. He said the reason for the request for the PD is because there are accommodations trying to be made to balance the properties a little differently. They would like to connect the properties with an over the road walkway bridge. Director Portal addressed questions and concerns of the Board. Mayor Black opened to public comment. Robert Preston, 425 S. Bayshore Drive, commented in support of the project. February 12, 2019, BOC Regular Meeting Page 6 of16  Mike Burke, 14401 Gulf Blvd., commented in support of the project and stressed concern with the building height. Steve Kochick, 15301 2 nd Street E., commented in support of the project. Business owner, 14603 Gulf Blvd., commented in support of the project. Tom Edwards, protected address, commented in support of the project and asked that it be approved without the walkway. Cindy Edwards, protected address, read a letter from her neighbor, Ronald Llauget, 13231 Gulf Lane, stressing his opposition of the pedestrian bridge. Jeff Beggins, a developer of the project, said one of the things they wanted to do when purchasing the project is to make a cool, family vacation resort and thought about his three- year old in the whole design and stressed the reasons for proposing the pedestrian bridge. Jim Beggins, a developer of the project, said the bridge will provide a safe way to the beach. Vice-Mayor Weinstein commented that there is potential for the property and suggested having some type of design standard for a bridge to discuss with the developers to avoid having different styles. Director Portal explained the advantages of having a design standard that is universal to the esthetics of the City and to mix with various type of developments down the beach. It will give a sense of place and a unified character to help draw the City together. The developer is interested in working with the City on the design. They could create the design standard and bring it to the Board. Commissioner Hodges motioned to approve on first reading, Ordinance 2019-05 with the conditions as listed. Commissioner Douthirt seconded the motion. Mayor Black said she is in favor of approving the ordinance if there will be a design standard for the bridge. ROLL CALL: Commissioner Hodges "YES" Commissioner Douthirt "YES" Vice-Mayor Weinstein "YES" Mayor Black "YES" The motion carried 4-0. E. Interlocal Agreement with Pinellas County for Traffic Control Signals and Related Devices - Walter Pierce, Finance Director February 12, 2019, BOC Regular Meeting Page 7 of 16  Finance Director Walt Pierce explained the item is for a new IO-year agreement with Pinellas County. The county will continue maintaining the traffic signals and receiving reimbursement themselves. The City will still be responsible for the maintaining the intersection at Duhme Road, which is State Road 321 and Madeira Beach Causeway. because that intersection is not on the FOOT roadways. Director Pierce and City Manager Jonathan Evans responded to questions and concerns of the Board. Mayor Black opened to public comment. There was no public comment. Vice-Mayor Weinstein motioned to approve the traffic signal maintenance agreement, the change in responsibility, and the annual payment of $4,941 for FY 2019. Commissioner Douthirt seconded the motion. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Douthirt "YES" Commissioner Hodges "YES" Mayor Black "YES" The motion carried 4-0. F. Planning Commission Appointment - Clara VanBlargan, City Clerk Agenda Item 7.F. was moved to March 19, 2019. 8. CONTRACTS/AGREEMENTS A. Agreement with the City of Madeira Beach to loan the new Street Sweeper Truck to Treasure Island and the loan of a Vacuum Truck and Video Truck form Treasure Island to Madeira Beach -Jonathan Evans, City Manager City Manager Jonathan Evans explained the item and responded to questions and comments by the Board. Mayor Black opened to public comment. There was no public comment. Vice-Mayor Weinstein motioned to sign the interlocal agreement between the City of Madeira Beach and Treasure Island. Commissioner Douthirt seconded the motion. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Douthirt "YES" February 12, 2019, BOC Regular Meeting Page 8 of 16  Commissioner Hodges "YES" Mayor Black "YES" The motion carried 4-0. B. Backhoe Purchases - Jonathan Evans, City Manager City Manager Jonathan Evans explained that the quote is per the Florida Sheriffs Association contract to purchase the backhoe from Ring Power Cat. He said it would be better to purchase the item instead of leasing. Because the sanitation truck is also in need of replacing, staff will bring an item to the Board on February 22 nd to approve the purchase of a new sanitation truck. The Board consented. Mayor Black opened to public comment. There was no public comment. Vice-Mayor Weinstein motioned to purchase of the Caterpillar 416F Backhoe Loader quoted by the Florida Sherift's Association contract for $84,790. Commissioner Douthirt seconded the motion. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Douthirt "YES" Commissioner Hodges "YES" Mayor Black "YES" The motion carried 4-0. C. City Manager's Evaluation -Jonathan Evans, City Manager Human Resources Coordinator Karen Paulson presented the results of the City Manager's evaluation that the Board members performed on him. She read the memorandum prepared for the item: [Begin agenda memo] Pursuant to the employment agreement between the City of Madeira Beach ("Employer") and Jonathan Evans ("Employee"), Mr. Evans agreed to provide services of professional administration and government oversight. Mr. Evans entered into a contract with the City of Madeira Beach on January 31, 2018 with an official start date of February 26, 2018. Consistent with the employment agreement, Mr. Evans was employed as a city manager for the City of Madeira Beach with a base salary of $145,000 per annum and with fringe benefits offered to general employees and other benefits not offered to general employees. February 12, 2019, BOC Regular Meeting Page 9 of 16  In accordance with Section 9 Performance Evaluations, the Board of Commissioners is required to review the manager's performance at least annually. This review and evaluation shall be in accordance with specific criteria developed jointly by the Board of Commissioners and the City Manager. Consistent with that direction, on December 19, 2018 the city manager composed a memorandum highlighting some major accomplishments during the manager's tenure. Board members were given until the end of January to provide their evaluations to the Human Resources Coordinator, Karen Paulson. Subsequent to their submissions, each member of the Board of Commissioners met with the city manager individually to share their perspective on the manager's performance. The city manager was scored on the following categories: Likert Scale Scoring • 1 - Unsatisfactory • 2- Fair • 3 - Satisfactory • 4 - Superior • 5 - Excellent Scores are averaged in ten categories with five questions per category that are scored on a Likert scale. The highest rank per category is a five, which signifies excellence. The overall score and the average per category are delineated in the chart below. Cate!!ories Avera!!e Score '1-5) Professional Skills & Expertise 4.80 Council/Commission Relations 4.12 Citizen & Public Relations 4.36 Policy Execution 4.00 Intergovernmental Relations 4.48 Staffing & Management 4.21 Fiscal Management 4.12 Planning & Organizing Development 4.28 Leadership & Decision Making 4.40 Individual Characteristics 4.40 Total Score 4.32 (Superior) The rating of Superior is defined as: The incumbent consistently demonstrates performance that generally exceeds reasonable expectations. The individual demonstrates no appreciable performance deficiencies. The performance evaluation matrix was created in 2016 by the Florida City and County Management Association ("FCCMA"), a statewide professional association that provides training, support and guidance for professional administrators in Florida. The City Manager is requesting one modification to his existing employment contract that allows the manager to sell and/or cash out any unused vacation time from the prior year upon his anniversary date on February 26 th • This is consistent with provisions that previous administrators have had in their employment contracts. February 12, 2019, BOC Regular Meeting Page 10 of 16  Fiscal Impact The fiscal impact is contingent on whether or not the Board of Commissioners chooses .to increase the City Manager's compensation. If so, the Board of Commissioners would have to amend the existing employment agreement. In October of 2018, the Board of Commissioners granted a 4% increase for all general employees, non-representative employees. Furthermore, retroactive pay will result in a diminishing increase in the retirement contributions the city manager receives in arrearage and going forward. If the Board of Commissioners grants a retroactive increase, there will be the following fiscal impacts: • 4% Increase- New Base Salary $150,800.99 (Retro)= $1,561.56* • 3% Increase - New Base Salary $149,350.98 (Retro)= $1, 171.12* • 2% Increase- New Base Salary $147,909.97 (Retro)= $780.75* * The amount if retroactive pay to October is considered, additional options are attached. Recommendation Staff recommends the Board of Commissioners accepts the city manager's overall performance evaluation score of 4.32 (Superior) and authorize the Mayor and the City Attorney to execute an addendum to the city manager's contract modifying the existing base wage and allowing for retroactive payment while also providing an opportunity for the city manager to sell unused vacation time on his anniversary date of employment. [End agenda memo] Mayor Black recommended that because the City Manager scored superior, he should be given a 4% raise, the same as the employees received. Commissioner Douthirt asked why they were asking to retroact the increase back to October when the City Manager's year did not end until the end of February. An increase should be effective on his one-year anniversary date. The City Manager said it will be consistent with what was done for the City Clerk. Her increase was retroacted back to October. Commissioner Douthirt said the City Manager's agreement should be changed accommodating that. When the City Manager was hired, his salary went well above what was offered. Vice-Mayor Weinstein said she remembered that being discussed. The salary limit for the City Manager was set at $125,000 and the City Manager wanted $145,000 instead when he was hired. He deserved that considering what he had to do when coming in. He has far exceeded what she had seen in a City Manager in 40 years. There have been a lot of problems in the last several years and he has worked very diligently through them. She would like to go back to October. The City Manager said it did not bother him if the Board would like to go from February 26. February 12, 2019, BOC Regular Meeting Page 11 of16  Commissioner Douthirt said if they retroacted the increase back to October it would be setting a precedent and they would have to do it every year. The City Clerk and the employees got their raise in October. It should be consistent. Why do a raise only after eight months? Vice- Mayor Weinstein agreed and said she did not think about that. Finance Director Walt Pierce said the budget that he built for the City Manager this year was effective October 1st • Mayor Black commented that she did not think it was a good idea to sell back the vacation time because the employees are not allowed to sell back their vacation time. Ms. Paulson said unfortunately, if the vacation time is not used, they lose it. There are people who must work so many hours without an opportunity to take time off and they end up losing a lot of holiday time at the end of the year, which causes a hardship during Christmas time. Previous City Managers have gotten unused annual leave payout. The City Manager said they are looking at changing that for employees to allow them to bank some of that time. According to the personnel policy the City Manager can allow for that. Commissioner Hodges said the City Manager has been putting out fires, one after the other. Its been a rough year for all. There is a list of goals she would like to see done in her last 14 months and she looked forward to working with the City Manager on that. She agreed with giving the 4% increase. Mayor Black opened to public comment. There was no public comment. Commissioner Douthirt motioned to give the City Manager the 4% increase and to retroact it back to October and to include the selling back of unused vacation time. He said they needed to decide going forward on when to give the raise. It should be every year, the same as the City Clerk and the employees. Vice-Mayor Weinstein seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Vice-Mayor Weinstein "YES" Commissioner Hodges "YES" Mayor Black "YES" The motion carried 4-0. 9. NEW BUSINESS A. Ordinance 2019-03, Called Meetings of the Civil Service Commission - 1st Reading - Ralf Brookes, City Attorney City Clerk Clara VanBlargan read Ordinance 2019-03 by title only and explained the item. February 12, 2019, BOC Regular Meeting Page 12 of 16  Vice-Mayor Weinstein said on p.1 of the ordinance, she would like to change the paragraph that reads, "WHEREAS, the Civil Service Commission is an advisory board that merely makes recommendations to the City Manager and the Board of Commissioners" to read, "WHEREAS, the Civil Service Commission is an advisory board that merely makes non-binding recommendations to the City Manager and the Board of Commissioners." She would also like to change paragraph iii in Section 1, Article III, on p.2, which reads, "The Human Resources Director or City Manager's Office shall serve as the staff person," to read, "The Human Resources staff and/or the City Manager's designee shall serve as the staff person." The City Attorney said in paragraph iv, it should also state human resources staff. Mayor Black opened to public comment. There was no public comment. Vice-Mayor Weinstein motioned to approve Ordinance 2019-03, on first reading with the changes. Commissioner Douthirt seconded the motion. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Douthirt "YES" Commissioner Hodges "YES" Mayor Black "YES" The motion carried 4-0. B. Ordinance 2019-04, Amending Ordinance 2015-08 to Correct a Scrivener's Error in the Annual Salary of the District Commissioners - Clara VanBlargan, City Clerk The City Clerk read Ordinance 2019-04 in its entirety. Mayor Black opened to public comment. There was no public comment. Commissioner Hodges motioned to approve Ordinance 2019-04, on first reading. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Douthirt "YES" Vice-Mayor Weinstein "YES" February 12, 2019, BOC Regular Meeting Page 13 of16  Mayor Black "YES" The motion carried 4-0. 10. STAFF REPORTS A. September Financial Report and Quarterly Investment Report - Walt Pierce, Finance Director Walt Pierce, Finance Director presented on the September Financial Report and the Quarterly Investment Report. Brian Hau, Parking Supervisor, added comment. Mayor Black opened to public comment. There was no public comment. Vice-Mayor Weinstein moved to accept the September Financial Report and Quarterly Investment Report. Commissioner Douthirt seconded the motion. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Douthirt "YES" Commissioner Hodges ''YES" Mayor Black "YES" The motion carried 4-0. 11. REPORTS/CORRESPONDENCE • City Commission Vice-Mayor Weinstein invited everyone to the Church by the Sea on Wednesday, February 13, 2019 at 5:00 p.m. for their 75 th Anniversary Ribbon Cutting Celebration and reported that the City of Madeira Beach cleanup at Archibald Park in January and February was a success. Commissioner Douthirt asked the City Manager to include in the next newsletter the two phone numbers that the policeman gave on crime prevention. • City Attorney • City Manager City Manager Jonathan Evans reported that he had the opportunity to meet with the Rostek's on numerous occasions concerning their issue and included the City Attorney in on the conversations. They tried to provide some assistance and consulted with the insurance carrier to see if there is anything, they can do to assist in what the challenges are. A complaint has been filed with the Department of Business and Professional Regulations, February 12, 2019, BOC Regular Meeting Page 14 of16  who has already served the Building Official. They will go through the investigative process. They are the most appropriate entity to look into the allegations. The Building Official does have statutory authority and there is case law that protects the Building Official in situations where the Building Official might have missed something. If it is found to be willful neglect conduct of an official, that is a different circumstance. Staff recommends that they allow for the regulatory agency of his peers to do the investigation and to provide information to move forward. The City Manager said they have filed the complaint with Pinellas County concerning the developer in hopes of bringing them back to the table to cure the issue. That is what the Rostek' s are wanting. The City Attorney said the contract is between the homeowner and the contractor. The City was doing the building inspection that identified the deficiency. It was missed in the next inspection and the building proceeded with the deficiency still there. The City Manager said the City is not in the contract, so they.cannot make the contractor fix it. That is why they are taking the other approach to go after their license. The City has communicated to the Rosteks that they stand firm in helping them cure the issue, as quickly as possible. The City Manager said in response to the comment regarding the suspension of Chief O'Neil without pay, he does not want to get into a situation where he discusses personnel matters in a public forum, because that serves under the prevue of the manager. In the final order it stated they gave Chief O'Neal $100 for 20 hours' worth of use of his personal water craft. They then looked at the two years of storage and charged him a $180 for the storage fee. That is how they got the $4,320 for the total amount due to the City, $2,000 in a civil penalty and $2,320 in restitution pay to the City. He does not want the public to take lightly, the suspension without pay. It is costing Chief O'Neal $5,523.71. The entire scope of the findings and final order from the Commission on Ethics is costing about $9,843.71. The penalty that was levied by the organization was far more than what the Co~mission on . Ethics levied, in addition to the Commission on Ethics given credit for his service as a first responder. Chief O'Neal was allowed due process, they are adhering to th~~recommended findings from the Commission on Ethics and there is the necessary disciplinary action. In conversation with his personnel, there have been no concerns with respect to Chiefs ability to lead the organization, lead his department, and to move forward. This was a lapse in judgement, something the Chief is remorseful for, so he can continue his career with the City. The City Manager said there is a meeting tomorrow in the Commission Chambers with the residents of Crystal Island to talk about some of the roadway infrastructure concerns that have been expressed. It is a publicly noticed meeting and everyone can attend. His goal is to come up with a temporary solution and to provide information on how they can move forward with some of the roadway projects, sooner rather than later, and to bring that to the Board for consideration at the special meeting. The City Attorney explained the requirement in the City Charter regarding replacing a Commissioner within 30 days that resigns. The City Manager said he will work with the February 12, 2019, BOC Regular Meeting Page 15 of 16  City Clerk for that to happen and to ensure that individuals are qualified to serve in that capacity. They can have a special meeting on March 4 to select a qualified person. That date will allow for advertising and time for people to submit applications. • City Clerk The City Clerk announced a candidate debate to be held on February 26th in the Chamber, hosted by Treasure Island and Madeira Beach Chamber of Commerce. Time to be determined. ; a Charter Amendment Q&A on Thursday, February 28 th at 6:00 p.m. in the Chamber; the Municipal Election on March 12, 2019; and the swearing-in ceremony for new Commissioners on March 19th at the 6:00 p.rn., BOC Regular Meeting. 12. ADJOURNMENT Mayor Black adjourned the meeting at 10:07 p.m. ATTEST: February 12, 2019, BOC Regular Meeting Page 16 of 16