Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 8, 2019 6:00 P.M. A regular meeting of the City of Madeira Beach Board of Commiss ioners was held at 6:00 p.m. on October 8, 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, Commissioner District 1 Nancy Hodges, Vice-Mayor/Commissioner District 2 Doug Andrews, Comm issioner, District 3 John Douthitt, Commissioner District 4 MEMBERS ABSENT: CITY STAFF PRESENT: Robert Daniels, City Manager C lara VanB largan, City C lerk Ralf Brookes, C ity Attorney 1. CALL TO ORDER Mayor Black called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Vice-Mayor Hodges gave the Invocation and led the P ledge of Allegiance. 3. ROLLCALL T here was no roll call. All Commission members were present at the meeting. 4. APPROVAL OF THE AGENDA Commissioner Weinstein asked that Consent Agenda Item D, Concession Agreement with Saltwater Destination, LLC, to be removed from the Consent Agenda and to be placed under Unfinished Business as Agenda Item E, the last item . Commissioner Weinstein questioned why the RFP for legal services was listed on the agenda because at the A ugust 27, 20 19 workshop meeting there was a consensus by the Board to wait until 2020 to do that. City C lerk Clara VanBlargan explained that at the September workshop October 8, 20 19, BOC Regular Meeting Page 1 of 21  meeting, Commissioner Andrews had asked that the item be placed on the regular meeting for a vote, whether or not they go forward with it at that time and the City Manager had said he would make sure the item got on the agenda. Commissioner Andrews explained that the contract is a two-year contract and it expires on December 11, 2019 and if they waited to put out the RFP, the contract will lapse. Commissioner Weinstein motioned to remove the Concession Agreement with Saltwater Destination from the Consent Agenda and to make it a new item, Agenda Item E, under Unfinished Business. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Weinstein "YES" Commissioner Douthirt "YES" Commissioner Andrews "NO" Vice-Mayor Hodges "NO" Mayor Black "YES" The Motion carried 3-2. 4.1. PROCLAMATIONS A. Fire Prevention Week - Derry/ 0 'Neil, Fire Chief City Manager Robert Daniels read a proclamation recognizing "Fire Prevention Week" and Mayor Black presented the proclamation to City of Madeira Beach fire personnel. 4.2. PRESENTATIONS A. Gulf Beaches Rotary Carnival Check Presentation - Jay Hatch, Recreation Director Recreation Director Jay Hatch recognized the partnership the City has with the Gulf Beaches Rotary Club. They have had their carnival in the City for the past four years and the City looked forward to the upcoming event this year. Representatives of Gulf Beaches Rotary Club presented the City with a $21,195 check to go toward City recreation activities. Mayor Black accepted the donation on behalf of the City. 5. PUBLIC COMMENT Pam Rasmussen, 567 Normandy Road and representing the Veterans Boat Parade, thanked the City for its $5,000 sponsorship they received that day to go toward helping the local veterans. She announced the Annual Veterans Boat Parade to be held on November 9, 2019. She presented a new 9/11 Flag of Honor from the Veterans Boat Parade Committee to replace the old one at the 9/11 Memorial site in Madeira Beach. Interim Public Works/Marina Director Deb Laramee accepted the flag on behalf of the City. October 8, 2019, BOC Regular Meeting Page 2 of21 6. CONSENT AGENDA A. Approval of Minutes: • July 22, 2019, BOC Joint Workshop Meeting with the Budget Review Committee and Civil Service Commission • August 27, 2019, BOC Special Meeting • August 27, 2019, BOC Workshop Meeting • September 3, 2019, BOC Special Meeting • September 3, 2019, BOC Workshop Meeting • September 9, 2019, BOC Joint Workshop Meeting with Planning Commission • September 10, 2019, BOC Workshop Agenda Setting Meeting • September 10, 2019, BOC Regular Meeting • September 17, 2019, BOC Special Meeting B. Approval of Expenditure to Upgrade the Parking Stations - Walt Pierce, Finance Director C. Splash Pad / Water Retention Improvements -Jay Hatch, Recreation Director D. Concession Agreement with Saltwater Destination, LLC - Jay Hatch, Recreation Director Commissioner Weinstein motioned to approve the Consent Agenda with all items presented. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Weinstein "YES" Commissioner Douthirt "YES" Vice-Mayor Hodges "YES'' Commissioner Andrews "YES" Mayor Black "'YES" The motion carried 5-0. 7. UNFINISHED BUSINESS A. Ordinance 2019-21, Amendment to Live-aboard Vessel Code-2 nd Reading & Public Hearing - Jerry Murphy, FRCI, Consulting Planning and Development Services Provider City Clerk Clara VanBlargan read Ordinance 2019-21 by title only. ORDINANCE NO. 2019-21 October 8, 2019, BOC Regular Meeting Page 3 of21  1st READING OF AMENDMENT TO CITY OF MADEIRA BEACH CODE OF ORDINANCES CHAPTER 78 WATERWAYS; ARTICLE I; SEC. 78-1 CONTAINERS AND/OR BOTTLES PROHIBITED ON PUBLIC BEACHES; SEC. 78-2.-FISHING PROHIBITED; SEC 78-3.- SWIMMING AND SPEARFISHING; PROHIBITED IN CERTAIN AREAS; SEC. 78-4.- RESTRICTED SWIMMING AREAS ESTABLISHED; ARTICLE II. - BOATS; DIVISION I-GENERALLY; SEC. 78-31.-ADOPTION OF STATE BOATING REGULATIONS; SEC. 78-32.-DEFINITIONS; SEC. 78-33.- SPEED RESTRICTIONS ON WATERCRAFT IN SPECIFIC AREAS; SEC. 78-34.- CONGESTED MARINE AREAS; SEC. 78-35.- WATERSKIING REGULATIONS GENERALLY; SEC. 78-36.- DOCKING LIMITATIONS; SEC. 78-37.- DISCHARGE OF SEWAGE FROM VESSELS INTO CITY WATERS; SEC. 78-38.- SLOW SPEED-MINIMUM WAKE AND IDLE SPEED-NOWAKE ZONES AND INFORMATIONAL MARKERS; SEC. 78- 39.- AIRBOATS DECLARED A NUISANCE; OPERATION PROHIBITED; SEC. 78-40.- RESTRICTIONS ON USE OF PUBLIC PROPERTY; DIVISION 2.-LIVE ABOARD VESSELS; SEC. 78-61.- GENERAL REGULATIONS; SEC. 78-62. -PERMIT REQUIREMENTS; SEC. 78-63.- MARINAS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City Attorney Ralf Brookes explained that under Florida Statutes, Section 327 .60, municipalities are preempted from regulating vessels except for live-aboard vessels and commercial vessels other than commercial fishing vessels. Between first and second reading, the definition of live-aboard was added, which is the definition in the Florida Statutes. That definition was revised by the Florida Legislature and amended in 2017, Laws of Florida 2017-163, which is currently Florida Statutes, Section 327.02, (22): "Live-aboard vessef' or "live-aboard'' shall be defined by Section 327.02(22) Florida Statutes, as may be amended from time to time, which currently means: (a) A vessel used solely as a residence and not for navigation; or (b) A vessel for which a declaration of domicile has been filed pursuant to s. 222.17; or (c) A vessel used as a residence that does not have an effective means of propulsion for safe navigation. A commercial fishing vessel is expressly excluded from the term "live-aboard vessel" pursuant to Section 327 .02(22) Florida Statutes (2019) as may be amended from time to time. The City Attorney said the state definition will give the Pinellas County Sheriff the ability to enforce the live-aboard ordinance in the waters of Madeira Beach. Commissioner Weinstein said it was mentioned at the first reading of the ordinance that the word "intercostal" would be corrected to "intracoastal" and she did not see that change. The City Attorney said he will make sure it is spelled correctly. October 8, 2019, BOC Regular Meeting Page 4 of21 Mayor Black opened to public comment. John [?last name], 4775 Cove Circle, commented on the enforcement of the regulations and asked if the live-aboard boats anchored between Sea Towers and American Legion would be included in the ordinance. City Manager Robert Daniels responded yes. Pam Rasmussen, 567 Normandy Road, on behalf of the American Legion, commented they fully supported the regulations in the ordinance. Mark Green, 7408 38 th Avenue N, St. Petersburg, said he was a transient in the area living on a live-aboard and that he did not agree with the definition in the ordinance. Fred [?last name], 4575 Cove Circle, stressed concern about the enforcement of the ordinance. Bob Kish, 10220 Bay Hills Drive, commented he supported the proposed ordinance and he appreciated the City taking input from other sources who are experts in the field. McKinley Prichard, 201 D. Medallion Blvd., commented in favor of the proposed ordinance. Cathleen Bridges, 10297 109th Avenue, Largo, commented she was a transient living on her boat. She apologized for not making that known at the last meeting and said she abided by the rules. Olivia Mathews, 4550 Cove Circle, stressed concern that all the boats and trash were ruining the scenery of where they live. Crystal Slocum, 503 150th Avenue, commented that she did not want to be forced to leave. It is their culture and that is what they had chosen to do. She said the problem is not with the law abiding live-aboards. John Smith, 155 Medallion, Unit C, commented on how he thought the issue was all about their view and said the county and city polluted more than anybody. Charles [?last name], Sea Towers, said everyone's opinion needed to be considered. He does not want the value of his property depreciating so people can live on a boat. Steve [?last name], 4775 Cove Circle, commented that if boats are not maintained, there could be property damage liability. Mayor Black closed to public comments. Mayor Black said someone named Wally had called her opposing the ordinance, but in accordance with Florida Statues, Section 327.60, the City of Madeira Beach is within its right to Legislate against it. Commissioner Weinstein said she agreed with the enforcement of the ordinance that will be provided by the Sheriffs office marine units. She is sure that with the responsibility of the City in coordination with the Sheriffs Department, the costs related to all the different activities would be covered. October 8, 2019, BOC Regular Meeting Page 5 of21 Commissioner Weinstein motioned to adopt, after second reading and public hearing, Ordinance 2019-21, contingent on correcting the spelling of"intracoastal". Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Weinstein "YES" Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. Mayor Black recessed the meeting at 6:53 p.m. and reconvened the meeting at 7:03 p.m. B. Ordinance 2019-17, Amendment to Chapter 110 - Zoning, Article VI. Supplementary District Regulations, Division III. - Walls, Fences, Hedges, and Sand Fences, Sec 110- 447 - Rear Yards Facing water to clarify Residential Rear Yards facing water height - 2 nd Reading & Public Hearing - Jerry Murphy, FRCJ, Consulting Planning and Development Services Provider City Clerk Clara VanBlargan read Ordinance No. 2019-17 by title only. ORDINANCE NO. 2019-17 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE VI. SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION III. - WALLS, FENCES, HEDGES, AND SAND FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE RECOGNITION OF STATE PREEMPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Jerry Murphy, FRCI, Consulting Planning and Development Services Provider, reviewed the item and explained the revisions that were made at first reading to the ordinance regarding rear yards facing water. Mayor Black opened to public comment. There were no public comments. Commissioner Andrews motioned to adopt, after second reading and public hearing, Ordinance 2019-17, amendment to Code of Ordinances, Chapter 110. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" October 8, 2019, BOC Regular Meeting Page 6 of21  Commissioner Weinstein "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. C. Ordinance 2019-20, Amendment to Parking Code- Parking Lot Design- 2nd Reading & Public Hearing -Jerry Murphy, FRCI, Consulting Planning and Development Services Provider City Clerk Clara VanBlargan read Ordinance 2019-20 by title only. ORDINANCE NO. 2019-20 AN AMENDMENT TO CITY OF MADEIRA BEACH CODE OF ORDINANCES; LAND DEVELOPMENT REGULATIONS; ARTICLE VII. - OFF-STREET PARKING AND LOADING, SEC. 110-953 - MAINTENANCE; SEC. 110-955. - METHODS OF PROVIDING REQUIRED PARKING; SEC. 110-956. - SHARED PARKING FACILITIES; DIVISION 2. - OFF-STREET PARKING SPACES, SEC. 110- 971 - NUMBER OF SPACES; SEC. 110-973. - OFF-STREET PARKING SPACE STANDARDS, REGULAR CAR OFF-STREET PARKING LAYOUT; ADDING SEC. 110-974. VALET PARKING; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY AND; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Jerry Murphy, FRCI, Consulting Planning and Development Services Provider, reviewed the item. He explained that the proposed amendments clarified the requirements for shared parking facilities, maintenance for pervious concrete and certain site plan requirements for parking. The amendment also updates and rearranges the table of required parking spaces in the parking diagram. Mr. Murphy responded to questions from the Board. Mayor Black opened to public comment. There were no public comments. Commissioner Andrews motioned to adopt, after second reading and public hearing, Ordinance 2019-20, amendment to the parking code. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Vice-Mayor Hodges "YES" Commissioner Andrews "YES" Commissioner Weinstein "YES" Mayor Black "YES" October 8, 2019, BOC Regular Meeting Page 7 of21  The motion carried 5-0. D. Ordinance 2019-07, Amendment to Division 10. -Planned Development-2 nd Reading & Public Hearing-Jerry Murphy, FRCI, Consulting Planning and Development Services Provider City Clerk Clara VanBlargan read Ordinance 2019-07 by title only: ORDINANCE 2019-07 AN ORDINANCE OF THE CITY OF MADEIRA BEACH AMENDING DIVISION 10. - PLANNED DEVELOPMENT, SEC. 110-386. - PURPOSE OF PLANNED DEVELOPMENT (PD) DISTRICT, STRENGTHENING PURPOSE AND INTENT; SEC. 110-387.- USES PERMITTED, ADDRESSING COMPATIBILITY AND SETTING STANDARDS FOR MIXED-USES; SEC. 110-388 - APPLICATION FOR PD ZONING, SPECIFYING SUBMISSION REQUIREMENTS AND DESIGN CRITERIA; SEC. 110-389. - PROCEDURE FOR APPROVAL OF PD ZONING, ADDING SPECIFIC PROCEDURES FOR REVIEW; SEC. 110-391. - REVIEW BY LOCAL PLANNING AGENCY, SPECIFYING RESPONSIBILITIES AND SPECIFYING REVIEW CRITERIA; SEC. 110- 392. - NEIGHBORHOOD INFORMATION MEETING, REQUIRING MEETING TO BE HELD BEFORE LOCAL PLANNING AGENCY MEETING AND BE REPORTED AS AN ELEMENT OF APPLICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Julia Mandell, Special Land Use Attorney, reviewed the item and explained the changes made to the ordinance after first reading. Attorney Mandell responded to questions and comments by the Board. Mayor Black opened to public comment. Robert Preston, 425 S. Bayshore Drive, stressed concern that by limiting the development to four stories could mean that their taxes could be increased again. Helen Price, 13319 Boca Ciega Avenue, commented that the problem was to fix the process to allow PD projects to move forward to avoid any future lawsuits. She suggested removing the four- story language and looking at the projects on a case by case basis to allow the City the ability to negotiate. Steve Kochick, 15301 2nd Street East, commented in opposition of limiting the height of buildings and suggested eliminating the PD. October 8, 2019, BOC Regular Meeting Page 8 of21 JeffBeggins, 429 Boca Ciega Drive, read a section of the ordinance stating the intent and purpose of the PD district and said the language allows for someone to bring in a really cool project. Creativity should be allowed to come on a project by project basis. If the Commission does not like it, it does not have to be approved. Mayor Black closed to public comment. Commissioner Weinstein said she supported the second reading of Ordinance 2019-07 and supported leaving the six-story language in the ordinance. Commissioner Andrews said he did not recall a consensus of going with four stories. He said the four people that had just commented seemed to be against four stories. The reason for the changes was to move the projects forward and not get into a debate over four stories or six stories, etc., which does not matter at this point. They could also drop the PD. Commissioner Andrews motioned to adopt, after second reading and public hearing, Ordinance 2019-07, deleting Section 110-386, (3) in its entirety: "not exceed a maximum height of six (6) stories. Any applications for PD zoning submitted after [the effective date of this ordinance] must not propose development exceeding the maximum permissible height of four (4) stories." And to also remove the sentence in that section of the ordinance: "After [the effective date of this ordinance], the city will not make a finding of sufficiency for any PD zoning district application proposing more than four (4) stories." Commissioner Weinstein seconded the motion. ROLL CALL: Commissioner Andrews "YES" Commissioner Weinstein ''YES" Commissioner Douthirt "NO" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 4-1. E. Concession Agreement with Saltwater Destination, LLC - Jay Hatch, Recreation Director Recreation Director Hatch reviewed the item. October 8, 2019, BOC Regular Meeting Page 9 of21 Director Hatch, City Manager Robert Daniels, and owners of Saltwater Destination, LLC responded to questions and comments by the Board. Director Hatch explained that the language regarding the hours of operation was supposed to have been removed. The City Manager said he will oversee the insurance requirements and sit down with Saltwater Destination to address the 2,700 chairs issue to come up with a reasonable number of chairs for each location. Mayor Black opened to public comment. The following people commented in favor of the contract with Saltwater Destination, LLC. • Stacy Taylor, 247 Rex Place, Madeira Beach • Audrey Cevaer, 201 E. Madeira Avenue, Madeira Beach • Deb Evans, 380 Medallion Blvd, Madeira Beach • Chris [?last name], Longwood, Florida Mayor Black closed to public comment. Commissioner Andrews motioned to approve the Concession Agreement with Saltwater Destination, LLC., as written. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. 8. CONTRACTS/AGREEMENTS 9. NEW BUSINESS A. Ordinance 2019-24, Prescribing the Manner of Holding the Municipal Election on March 17, 2020 and Providing for the Polling Location for Election - 1st Reading City Clerk Clara VanBlargan read the body of Ordinance 2019-24 in its entirety: ORDINANCE 2019-24 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, PRESCRIBING THE MANNER OF HOLDING THE GENERAL MUNICIPAL ELECTION ON MARCH 17, 2020, FOR THE PURPOSE OF ELECTING A MAYOR AND A COMMISSIONER FOR DISTRICT ONE (1) AND A COMMISSIONER FOR DISTRICT TWO (2); PROVIDING October 8, 2019, BOC Regular Meeting Page 10 of21  AUTHORIZATION FOR THE CITY OF MADEIRA BEACH THROUGH ITS CITY CLERK TO CONTRACT WITH THE PINELLAS COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR PUBLICATION; AUTHORIZING ELECTION EXPENDITURES; IDENTIFYING THE PINELLAS COUNTY CANVASSING BOARD AS THE CANVASSING BOARD FOR THE MARCH 17, 2020 ELECTION; IDENTIFYING THE LOCATION OF POLLING PLACES; AUTHORIZING A RUNOFF ELECTION IF NECESSARY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the City Charter, Section 3.4, Subsection A, elections for Commissioners of District One ( 1) and Two (2) shall be held in even numbered years and the term for the Commissioners of Districts shall be for two (2) years; and elections for Mayor- Commissioner shall be for three (3) years allowing the seat to alternate with the Commissioners of Districts; and WHEREAS, Due to the Primary Preference Primary, the City of Madeira Beach General Municipal Election shall be held in the City on the third Tuesday in March; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA: SECTION 1. An Election shall be held in the City of Madeira Beach, Florida on the third Tuesday, March 17, 2020 for the purpose of electing a Mayor, at-large seat, for a term of three years, and electing a Commissioner for District One (I) and a Commissioner for District Two (2) for a term of two years. SECTION 2. The City Clerk is hereby authorized to execute a contract with the Pinellas County Supervisor of Elections to allow the Office of the Supervisor of Elections to assist the City in the March 17, 2020 Municipal Election subject to the conditions, considerations, and agreements described in the Contract. SECTION 3. The first meeting of each newly elected member of the Board of Commissioners for induction into office will be held on or before the last day of the month in which the election was held [City Charter, Section, 4.8]. SECTION 4. The Pinellas County Canvassing Board shall be the Canvassing Board for all elections under the City Charter. The actions of the Canvassing Board shall be reported to the Board of Commissioners at their next meeting following the election. The Board of Commissioners shall meet following the certification for the purpose of declaring the results of said election [City Charter, Section 3.4, B]. SECTION 5. In accordance with City Charter Section 3.4, Subsection E, in the event that no candidate for each office secures a majority of the votes cast in each contest for October 8, 2019, BOC Regular Meeting Page 11 of21  office in the March 17, 2020 Municipal Election, then and in that event, another election shall be held on the second Tuesday in April (April 14, 2020) at which election only the names of the two candidates having the highest number of votes in the first election in which no candidate received a majority of the votes cast in each contest shall be placed upon the ballot. At the second election, the electors may vote for each contest appearing on the ballot. In the event two candidates for each office should receive an equal number of votes for the same office, in the second election provided for above, another election shall be called and held on the fourth Tuesday following such election [May 12, 2020] at which election the names of the candidates receiving the same number of votes shall again be placed upon the ballot. SECTION 6. In accordance with City Charter Section 3.4, Subsection B, the location of the polling place (Pinellas County, Precinct No.' s 415 and 301) for the elections will be held at the following locations: • Precinct 415 - Madeira Beach Municipal Building, City Centre Room, 300 Municipal Drive, Madeira Beach, Florida; • Precinct 301 - Faith Community Church of Seminole, 11501 Walker Avenue, Seminole, Florida 33772. SECTION 7. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance be hereby repealed insofar as the same affect this Ordinance. SECTION 8. This Ordinance shall take effect immediately upon adoption in the manner provided by law. The City Clerk responded to questions and comments by the Board. Mayor Black opened to public comments. Steve Kochick, 15301 2nd Street E., commented regarding putting out the candidate packets early. He said having gone through the process a couple of times things happen, such as vacations and candidates having to work. The more time given to a candidate to qualify is helpful. It gets more people involved. It does not hurt to grant more time. Mayor Black closed to public comment. Commissioner Weinstein received clarification from the City Attorney that the reason Ordinance 2019-24 was being presented to the Board for approval was not to approve charter amendments to be placed on the March Municipal Election ballot but to set the election. Commissioner Andrews motioned to approve, after first reading, Ordinance 2019-24, as written. Vice-Mayor Hodges seconded the motion. ROLL CALL: October 8, 2019, BOC Regular Meeting Page 12 of21  Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt "YES" Commissioner Weinstein "NO" Mayor Black "YES" The motion carried 4-1. B. Appointments - Boards, Commissions & Committees - Clara VanBlargan, City Clerk City Clerk Clara VanBlargan reviewed the item. Charter Review Committee Membership Term expiring District Vacant 09/30/2019 Doreen Moore (Chairman) 09/30/2020 District 1 Paul Tilka 09/30/2020 District 3 Gerri Clyatt 09/30/2021 District 3 Grace Critelli 09/30/2021 District 1 Vacant - Alternate one 09/30/2019 Vacant - Alternate two 09/30/2020 The Charter Review Committee consists of five regular members and two alternates. Members must be qualified residents. Districts apply to membership when possible. Applications received for appointment to the Charter Review Committee: • Anita L. Roberts District 4 Gulf Beaches Library Board - 2yr Term Marilyn Hafting, Secretary 09/30/2019 District 3 Vacant - Regular 09/30/2020 District 4 The Gulf Beaches Public Library Board consist of 10 Voting Trustees, two each from the municipalities of Redington Shores, North Redington Beach, Redington Beach, Madeira Beach and Treasure Island. Trustees must be residents of the municipality that appointed them. Districts do not apply to membership. Applications received for appointment to the Gulf Beaches Library Board, term expiring 9/30/21and 9/30/22: • Mercy Roberg District 1 • Marilyn Hafting District 3 October 8, 2019, BOC Regular Meeting Page 13 of21 The applicants that were present requesting to be appointed to the Charter Review Committee and the Gulf Beaches Library Board introduced themselves to the Board. Commissioner Douthirt motioned to appoint Marilyn Hafting and Mercy Roberg to serve as regular members to the Gulf Beaches Library and to appoint Anita L. Roberts to serve as a regular member to the Charter Review Committee. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. Budget Review Committee - 3yr Term Membership Term expiring District Tom Edwards, Chairman 09/30/2019 District 1 (protected address) Vacant - Regular 09/30/2020 Doreen Moore 09/30/2020 District I Linda Hein 09/30/2020 District 4 Freda Ann Marie Brooks 09/30/2021 District 4 Vacant - Alternate One 09/30/2019 Vacant - Alternate two 09/30/2020 Applications received for appointment to the Budget Review Committee: • William J. Biloski District 1 • Tom Edwards District 1 • Mercy Roberg District I • Ronald A. Ronz District 1 • Mark Hague District 4 The applicants that were present requesting to be appointed to the Budget Review Committee introduced themselves to the Board. Each Commission member was asked to write their name on a piece of paper and to list the applicants they would like appointed to serve on the Budget Review Committee to fill the vacancies. The City Clerk read aloud each Commissioner's name and their nominees. The City Attorney tallied the votes. Two regular vacancies: The two applicants that received the most votes, which were tied votes, to fill the regular vacancies: October 8, 2019, BOC Regular Meeting Page 14 of21  • Tom Edwards District 1 (4 votes) • William J. Biloski District 1 (4 votes) Two alternate vacancies: Three applicants that received the most votes, which were tied votes, to fill the alternate vacancies: • Ronald A. Ronz District 1 (3 votes) • Mark Hague District 4 (3 votes) • Mercy Roberg District 1 (3 votes) Commissioner Andrews suggested breaking the tied votes by who also received a nomination to the regular seat. The City Attorney asked for a roll call vote to make sure everyone agreed. ROLL CALL: Mayor Black "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "YES" Commissioner Andrews "YES" Commissioner Douthirt "YES" The motion carried 5-0. The two applicants that received a nomination to the regular seat: • Ronald A. Ronz District I • Mercy Roberg District I Applicants that were appointed to serve as a regular member to the Budget Review Committee: Regular Membership • Tom Edwards District 1 • William J. Biloski District 1 Applicants that were appointed to serve as an alternate member to the Budget Review Committee: Alternate Membership • Mercy Roberg District 1 • Ronald A. Ronz District 1 Planning Commission - 3yr Term October 8, 2019, BOC Regular Meeting Page 15 of21  Membership Term expiring District Robin Biloski (1 st Chair) 09/30/2019 District 1 Mike Noble (Chairman) 09/30/2019 District 1 Michael Wyckoff (2nd Chair) 09/30/2020 District 1 Mary Ann Heam 09/30/2020 District 3 Gerri Clyatt 09/30/2020 District 3 Marilyn Rappa 09/30/2021 District 4 Vacant - Regular 09/30/2021 Applications received for appointment to the Planning Commission: • Robin H. Biloski District 1 • Philip Deconti District 1 • Hank Bartels District 1 • Michael Noble District 1 • Ray Kerr District 2 • Robert Preston District 2 • Andrew Blaser District 4 The applicants that were present requesting to be appointed to the Planning Commission introduced themselves to the Board. Each Commission member was asked to write their name on a piece of paper and to list the applicants that they would like appointed to serve on the Planning Commission to fill the vacancies. The City Clerk read aloud each Commissioner's name and their nominees. The City Attorney tallied the votes. Three regular vacancies: The three applicants appointed to the Planning Commission that received the most votes, which were tied votes, to fill the regular vacancies: • Robin H. Biloski District 1 (4 votes) • Robert Preston District 2 (4 votes) • Michael Noble District 1 (4 votes) Mike Nobles questioned how the expiration of term would be determined. Commissioner Douthirt said the date of application worked for him. The City Attorney asked for a roll call vote to make sure everyone agreed. ROLL CALL: Mayor Black "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "YES" October 8, 2019, BOC Regular Meeting Page 16 of21  Commissioner Andrews "YES" Commissioner Douthirt "YES" The motion carried 5-0. The City Attorney asked the City Clerk to do that for all the Committees. Expiration of term based on application date: Budget Review Committee Regular Membership Application Date • Tom Edwards District 1 9/26/2019; partial term expiring 9/30/2020 • William J. Biloski District 1 9/22/2019; term expiring 9/30/2022 Alternate Membership • Mercy Roberg District 1 10/1/2019; partial term expiring 9/30/2020 • Ronald A. Ronz District 1 9/17/2019; term expiring 9/30/2022 Planning Commission • Robin H. Biloski District 1 6/26/2019; term expiring 9/30/2022 • Robert Preston District 2 9/30/2019; term expiring 9/30/2022 • Michael Noble District 1 10/4/2019; term expiring 9/30/2021 Mayor Black opened to public comment. There were no public comments. C. Selection of Outstanding Citizen of the Year to be Awarded at the November BOC Regular Meeting - Board of Commissioners City Manager Robert Daniels announced that Kandi Maiden and Audrey Carr were the chosen candidates for the Outstanding Citizen of the Year A ward and read the writeup on both. Commissioner Douthirt motioned to make Kandi and Audrey a dual Outstanding Citizen of the Year in the City of Madeira Beach. Commissioner Andrews seconded the motion. Mayor Black opened to public comment. There were no public comments. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Commissioner Weinstein "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" October 8, 2019, BOC Regular Meeting Page 17 of21  The motion carried 5-0. The City Manager said both will be recognized at a Commission meeting and invited to the party that Clara (City Clerk) is planning on behalf of the Commission. D. RFP for Legal Services - Robert Daniels, City Manager The City Attorney said his two-year contract will expire on December 11, 2019 and explained the options to the Board in accordance with the terms stated in the contract. He was happy to submit an RFP if necessary. Commissioner Andrews reviewed the current city attorney contract with Ralf Brookes and the one for former city attorney, Tom Trask, written in 2015 and commented on the differences in the costs in the retainer fees. Information he had received for the meeting, showed a 67% increase in the retainer fee for Mr. Brookes' within the last two years. He said it would be fiscally irresponsible for the Board not to put the legal services out for an RFP at this time instead of waiting to do it. He stressed concern that there were three attorneys present at a Civil Service Commission for an employee grievance hearing. He said the rights were taken away from the employee and the employee did not get due process. Mr. Brookes explained that Attorney Matthew Mcconnel had represented the Civil Service Commission meeting and Attorney Tom Gonzalez had represented the City Manager's office. Commissioner Andrews said the Board needed to have a meeting with the Civil Service Commission to get the facts on what occurred. Commissioner Douthirt commented on additional information he had received before the meeting showing more in retainer fees paid to former city attorney, Tom Trask than what had been paid to City Attorney Ralf Brookes. Commissioner Andrews questioned why he had not been provided that additional information and said they could not have a proper discussion without it. The City Attorney said there were addendums to the contract, and he did not know why Mr. Daniels had not provided the additional information in the agenda packet. Commissioner Andrews motioned to go out for an RFP for legal services. Vice-Mayor Hodges seconded the motion. Mayor Black opened to public comment. Robert Preston, 425 S. Bayshore Drive, commented that to be good stewards of the citizens money, you do not arbitrarily grant a contract to an attorney based on likes or dislikes. The process is to go out for an RFP and based on the figures that are received, a decision is made. He explained that former city attorney Tom Trask worked for a law firm that covered various areas of law. Mr. Brookes does not have a firm and if services are out of his expertise, other attorneys must be hired. The City should go out for an RFP to see what services the firms will provide at what dollar amount. Mayor Black closed to public comment. October 8, 2019, BOC Regular Meeting Page 18 of21  ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt "NO" Commissioner Weinstein "NO" Mayor Black "NO" The motion failed 3-2. 10. STAFF REPORTS A. City Clerk to appoint a Deputy Clerk, Hiring of Deputy Clerk, Training of Deputy Clerk- Clara VanBlargan, City Clerk City Clerk Clara VanBlargan explained the item and said she appointed an inhouse applicant, Patty Kordis. The position was advertised inhouse and outside the organization. The City Clerk, City Attorney, and the City Manager responded to question and comments. The City Manager explained the timing issue. He said that under the circumstances Patty Kordis was the best candidate that applied for the position, he is happy with the work she has done for the City, and she has some experience. Since Patty is the best candidate, he will hire her predicated on the Board approving the appointment. The City Clerk read City Charter, Section 5.2, "The City Clerk, with the approval of the City Commission, may appoint Deputy Clerks." Commissioner Andrews motioned to support the City Manager's and the City Clerk's in their choice in the candidacy of Patty Kordis to Deputy Clerk. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt "YES" Commissioner Weinstein "NO" Mayor Black "YES" The motion carried 4-1. Mayor Black congratulated Patty Kordis, who was present at the meeting. Mayor Black ·opened to public comment. October 8, 2019, BOC Regular Meeting Page 19 of21 Steve Kochick, 15301 2nd Street E., commented how important it was for the Board to support the employees in their decisions. Instead, the Commission had publicly slapped the City Clerk in her decision. The City Clerk felt she had picked the right person for the job and she needed the Commission to support that decision. The employees should be given the benefit of the doubt that they are professionals and know their job. The Commission does not know the jobs of those employees. The Commission was elected to make decisions and this decision was to support the employee's request. The City Attorney explained that the Board needed to vote again after public comment because the vote was to take place after public comment. Helen Price, 13319 Boca Ciega Avenue, said what was more concerning to her was that two of the Commissioners did not want to follow the City Charter. To openly try circumventing the Charter is unconstitutional and she could not believe they have two Commissioners trying to do that. Mayor Black closed to public comment. The City Attorney asked for a revote and roll call. Commissioner Andrews motioned to approve Patty Kordis as Deputy Clerk. Vice-Mayor Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt "YES" Commissioner Weinstein "NO" Mayor Black "YES" The motion carried 4-1. B. Enterprise Fleet Management Status Report (document to be provided prior to meeting) - Walt Pierce, Finance Director Finance Director Walt Pierce said representatives from Enterprise will be presenting at a workshop meeting on the agreement they have with the City. He gave the background history of the agreement and commented that he is hoping and is encouraged that the agreement will be a success. 11. REPORTS/CORRESPONDENCE A. City Commission Commissioner Douthirt said he was responding to the comments made by Helen Price on what Steve Kochick had said. He read City Charter, Section 4.6 (C), Interference with Administration October 8, 2019, BOC Regular Meeting Page 20 of21  and said that section tells him they are not supposed to be involved and that he does know the Chaiter. Helen Price, 133 19 Boca Ciega Avenue, commented that the C ity Attorney had just told the Board that the C ity Clerk gets to choose the person and the Commission gets to decide, yea or nay. She had not said the two Commissioners did not know the Charter. rnstead, she had said the two Commissioners tried overru ling the Charter. B. City Attorney C. City Manager D. City Clerk 12. ADJOURNMENT Mayor Black adjourned the meeting at 10:24 p.m. ATTEST: , ,. ·- - October 8, 20 19, BOC Regular Meeting Page 21 of21  ·.• .. '. . ~}~ .. :·. ,:., . . " . .. .... . .. ~· ' . ·~· '.-; . .. :.. , ! - ~· ,, ) ~ '~ : ) .··_: . : :.•1 .... ;,: ,.. 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