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Board of Commissioners Regular Meeting

Regular Meeting

Madeira Beach, FL · July 8, 2020

AgendaPacketMinutes

Minutes

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING JULYS,2020 6:00 P,M, A regular meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on July 8, 2020, in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor Doug Andrews, Vice Mayor/Commissioner District 3 Helen "Happy" Price, Commissioner District 1 Nancy Hodges, Commissioner District 2 MEMBERS ABSENT: John Douthirt, Commissioner District 4 CITY STAFF PRESENT: Robert Daniels, City Manager Clara VanBlargan, City Clerk Patty Kordis, Deputy Clerk Thomas Trask, Interim City Attorney 1, CALL TO ORDER Mayor Hendricks called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Hodges gave the Invocation and led the Pledge of Allegiance. 3, ROLLCALL City Clerk Clara VanBlargan called the roll. 4. APPROVAL OF THE AGENDA City Manager Robert Daniels asked to move Agenda Item 11. A, Ordinance 2020-15, adding City Code Section 34-44 to provide penalties for littering - 1st Reading & Public Hearing, to Agenda Item 7. K. under Public Hearings. Vice Mayor Andrews motioned to approve the agenda with changes made by the City Manager. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" July 8, 2020, BOC Regular Meeting Page 1 of 15 Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4-0. 5. PROCLAMATIONS/PRESENTATIONS - MAYOR/ CITY CLERK 5.1. PROCLAMATIONS 5.2. PRESENTATIONS 6, PUBLIC COMMENT Tom Edwards, protected address, said there were still questions that needed to be answered before the corrected media release on the Marina examination is published. He provided documents from Carr, Riggs & Ingram (CRI), which explained the difference between a forensic audit and examination. An audit only looks at sample audits and only detects approximately 4% of all :fraud. He would like the Commission to review the documents he provided. Steve Kochick. 15301 2nd Street E. said he spoke with Dee Lee, chair ofthe 9/11 Committee about having a 9/11 ceremony. The committee would like to have a ceremony this year held outside. He asked the City Manager and the Fire Chief to set aside some time to discuss the event. The committee would like to start planning a celebration to commemorate the 20th anniversary next year. 7. PUBLIC HEARINGS Interim City Attorney Tom Trask administered the oath to all those in attendance to speak and give testimony at the quasi-judicial hearings listed under Public Hearings. A. Ordinance 2020-07, Proposed Charter Amendment - Sec. 3.3 A, Filing - To provide that the Qualifying Period for Candidates seeking the office of Mayor or District Commissioner be the first full two weeks in December - 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official Interim City Attorney Tom Trask read ordinance 2020-07 by title only. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Andrews motioned to approve Ordinance 2020-07. Commissioner Price seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Price "YES" Commissioner Hodges "YES" July 8, 2020, BOC Regular Meeting Page 2 of 15 Mayor Hendricks "YES" The motion carried 4-0. B. Ordinance 2020-08, Proposed Charter Amendment - Sec. 3.3 B, District Commissioners -To provide that any District Commissioner who desires to become a Candidate for the office of Mayor shall resign his/her office one week before the Qualifying Period - 2nd Reading & Public Hearing - Clara VanB/argan, City Clerk/Elections Official Interim City Attorney Tom Trask read ordinance 2020-08 by title only. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Ordinance 2020-08. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Andrews "YES'' Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4-0. C. Ordinance 2020-10, Proposed Charter Amendment - Sec. 3.4 E, Manner of Holding Elections - To provide that District Commissioners be elected from the Electon residing in such District; To provide that any Candidate receiving the highest number of votes cast in an election for an office shall be elected to office and that if two or more Candidates receive an equal and highest number of votes for the same office that those persons shall draw Jou to determine who shall be elected to office- 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Interim City Attorney Tom Trask read ordinance 2020-10 by title only. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Andrews motioned to approve Ordinance 2020-10. Commissioner Price seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Price "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 4-0. July 8, 2020, BOC Regular Meeting Page 3 of 15 D. Ordinance 2020-11, Proposed Charter Amendment - Sec. 2.2 B, Qualifications and Term of Office - To change the term of office for District Commis■ionen from two to three yean and change the term of office for Mayor from three to four yean - 2nd Reading & Public Hearing- Clara VanBlargan, City Clerk/Elections Official Interim City Attorney Tom Trask read Ordinance 2020-11 by title only. Mayor Hendricks opened to public comment. Robert Preston, 42S S. Bayshore Drive, commented that the verbiage on the charter amendment questions on past election ballots was very vague and misleading. He hoped the items on the upcoming ballot would be more transparent and easier to understand. City Manager Robert Daniels read a public comment received through email from Richard Lewis, 561 Crystal Drive, commenting in favor of the current term limits for Commissioners. Commissioner Price motioned to approve Ordinance 2020-12. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Price "YES" Commissioner Hodges "YES" Vice Mayor Andrews "YES" Mayor Hendricks "YES" The motion carried 4-0. Commissioner Hodges asked for clarification on the term ofthree years for District Commissioners and a term of four years for Mayor. The Interim City Attorney said there was a need for a third reading. At the first reading, there was a substantial change in the term that required the ordinance to be read two additional times after the first reading to reflect the changes and the way the Commission would like to adopt it. E. Ordinance 2020-12, Proposed Charter Amendment- Sec. 3.4 A, Manner of Holding Elections - To change the term of office for District Commissionen from two to three yean and change the term of office for Mayor from three to four yean -2nd Reading & Public Hearing- Clara VanBlargan, City Clerk/Elections Official Interim City Attorney Tom Trask read Ordinance 2020-12 by title only. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve 2020-12. Commissioner Price seconded the motion. ROLL CALL: Commissioner Hodges "YES" July 8, 2020, BOC Regular Meeting Page 4 of 15 Commissioner Price "YES" Vice Mayor Andrews "YES'' Mayor Hendricks "YES" The motion carried 4-0. F. Ordinance 2020-13, Proposed Charter Amendment - Removing a portion of the Charter provision regarding independent audit - 2nd Reading & Public Hearing - Clara VanB/argan, City Cleric/Election Official Interim City Attorney Tom Trask read Ordinance 2020-13 by title only. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Price motioned to approve Ordinance 2020-13. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Price "YES" Vice Mayor Andrews "YES'' Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 4-0. G. Ordinance 2020-14, Sec. 2.2, Board of Commissioners created; Qualifications; Term of Office; and Vacancies, Subparagraph A, Board Created, to provide that the District Commissioners of Districts can only be voted upon by the Electors of the District in which they are seeking office - 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Election Official Interim City Attorney Tom Trask.read Ordinance 2020-14 by title only. Commissioner Price commented in favor of the ordinance and said her loyalty was to the entire City. She would like to cater to the people in her district as should the other Commissioners in their district. She felt the ordinance would cause voter suppression. Vice Mayor Andrews disagreed that the ordinance could cause voter suppression. Mayor Hendricks opened to public comment. Steve Kochick, 15301 2nd Street E, stressed concern for activists to be out before the election, explaining items on the ballot. He believes they would be helping voters understand that the changes were not made to hurt a district but for the betterment for the City as a whole. Tom Edwards, protected address, suggested the City hold informational seminars on the charter amendments. July 8, 2020, BOC Regular Meeting Page5 oflS Robert Preston, 425 S. Bayshore Drive, said he was not in favor of the proposed ordinance. Commissioner Price motioned to approve Ordinance 2020-14. Mayor Hendricks passed the gavel to Vice Mayor Andrews and seconded the motion. ROLL CALL: Commissioner Price "YES., Vice Mayor Andrews "YES., Commissioner Hodges "NO" Mayor Hendricks "N0° The motion failed 2-2. Interim City Attorney Tom Trask administered the oath to all those in attendance to speak and give testimony at the following quasi-judicial hearings. H. PUBLIC HEARING to consider a request by Madeira Beach Development for Alcoholic Beverage Use ADP 2020-03, for a 2COP with stated intent to sell liquor, beer and wine by drink or in sealed containers for consumption on premises of Deano's Beach Kitchen located at 14601 Gulf Blvd, Madeira Beach, FL 33708 - Linda Portal, Community Development Director Community Development Director Linda Portal said she made a mistake on the agenda and stated Madeira Beach Development was not the applicant. The correct applicant is Richard Dean Hajas, Deano's Beach Kitchen. She reviewed the item and answered questions and comments by the Board. Interim City Attorney Tom Trask asked ifthe applicant was in attendance. No response. He opened to public comment. Tom Edwards, a protected address, stressed his concern about available parking for the facility. Robert Preston, 425 S. Bayshore Drive, said he was in favor ofissuing the 2COP license to Deano' s Beach Kitchen. Curt Miller, 14603 Gulf Boulevard, said he was in favor of issuing the 2COP license to Deano' s Beach Kitchen. They will allow patrons for the establishment to park in his parking spots after 5:00p.m. Jeff Beggins, 429 Boca Ciega Drive, said he was in favor ofissuing the 2COP license to Deano's Beach Kitchen. Director Portal said any parking that the restaurant has was the same approved parking from existing use. If they had offsite parking in the past, it was because they have been allowed to do so according to the code. July 8, 2020, BOC Regular Meeting Page 6 oftS Interim City Attorney Trask asked if the staff was recommending approval without any conditions. Director Portal confirmed there were no conditions. Commissioner Price motioned to approve the Alcoholic Beverage Use ABP 2020-04 to Deano's Beach Kitchen. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Price "YES" Vice Mayor Andrews "YES" Commissioner Hodges "YES'' Mayor Hendricks "YES" The motion carried 4-0. I. PUBLIC HEARING to consider a request by Madeira Beach Development for Alcoholic Beverage Use ADP 2020-04, for a 2COP with stated intent to sell liquor, beer and wine by drink or in sealed containers for consumption on premises of Lucky Lizard Tap House Located at 14593 Gulf Blvd #A, Madeira Beach, FL 33708 • Linda Portal, Community Development Director Community Development Director Linda Portal stated a mistake on the agenda which read Madeira Beach Development as the applicant. The correction on the agenda should have read Lucky Lizard Tap House as the applicant. She reviewed the item and answered questions and comments by the Board. Mayor Hendricks opened to public comment. Interim City Attorney Tom Trask administered the oath to Karla Penner, the applicant. Karla Penner, 14156 North Bayshore Drive, said she is the applicant ofLucky Lizard Tap House. She explained it would be a restaurant, and they were applying for a beer and wine license. City Clerk Clara VanBlargan read a public comment submitted through email from John Button, 14900 Gulf Boulevard. He stressed concern about the proposed ABP 2020-04. Having a bar in that building would make noise accrue from the establishment itself including traffic noise. Com.missioner Andrews motioned to approve Alcoholic Beverage Use ABP 2020-04 for the Lucky Lizard with the condition that all zoning, floodplain management, building and site plan conditions must be met before a certificate of occupancy can be issued for the use. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" July 8, 2020, BOC Regular Meeting Page 7 of 15 The motion carried 4-0. J, PUBLIC BEARING to eon1ider a request by Madeira Beaeb Development for Alcoholic Beverage Use ABP 2020-05, for a 2COP with stated intent to ■ell liquor, beer and wine by drink or In ■ealed eontainen for consumption on premiles of Schooner Hotel located at 14500 Gulf BLVD Madeira Beach, FL 33708 - Linda Portal, Community Development Director Interim City Attorney Trask confirmed that the people speaking on behalf of the establishment were still under oath. Community Development Director Linda Portal reviewed the item and asked to have the staff report moved into evidence. She answered questions and comments by the Board. Mayor Hendricks opened to public comment. Jeff Beggins, 429 Boca Ciega Drive, said he was the applicant of this project and thought all of the restrictions were acceptable. He said they are trying to increase revenues and get by during these tough times until there is a redevelopment plan. Commissioner Hodges asked if people walking up from the beach could come to the establishment for a drink. Mr. Beggins said parking was limited, but the county park is next door for available parking. He also welcomes walk-up traffic from the beach. Curt Miller, 14603 GulfBoulevard, said he is in favor of Alcoholic Beverage Use ABP 2020-05. Commissioner Price motioned to approve the application by the Schooner Hotel for Alcoholic Beverage Use ABP 2020-05 with the seven conditions in the meeting packet. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Price "YES" Commissioner Hodges "YES" Vice Mayor Andrews "YES" Mayor Hendricks "YES" The motion carried 4-0. K. Ordinance 2020-15, Adding City Code Section 34-44 to provide penalties for littering - 1st Reading & Public Bearing - Robert Daniels, City Manager This item was moved from New Business on the agenda Interim City Attorney Tom Trask read Ordinance 2020-15 by title only and presented on the item. He said he added $500 to the second fine. Mayor Hendricks opened to public comment. July 8, 2020, BOC Regular Meeting Page 8of15 Audrey Cevaer, 201 E. Madeira Avenue, stated she was one of the founders of the Trash Pirates along with Kandi Maiden. Ms. Cevaer read an email from Ms. Maiden. She is in favor of Ordinance 2020-15. She shared her concerns and ideas about the trash problem in Madeira Beach. She also asked if there are plans to replace the palm tree destroyed at the intersection of Gulf Boulevard and 150th Avenue, and have the palms trees trimmed, the landscape cleaned up at the junction of Madeira Way and Gulf Boulevard, and the shade umbrellas replaced at the bus stop at Archibald Park. Lastly, she asked if permanent trash cans could be placed at the basketball court in ROC Park. Ms. Cevaer asked the BOC if they could help the City get businesses involved in maintaining their properties and parking lots. The Trash Pirates have reached out in the past, and their efforts fell on deaf ears. She asked if the Commission could consider implementing fines to the commercial properties that do not maintain trash removal in their parking lots. Vice Mayor Andrews thanked Sanitation and Public Works for their awesome efforts in keeping the beach clean oftrash and debris. He also thanked the Trash Pirates and the volunteers who were cleaning up. Mayor Hendrick concurred with Vice Mayor Andrews. Commissioner Price suggested that the Trash Pirates to start a "Dirty Dozen" list of the businesses that don't clean their parcels. The companies could be alerted that they made the "Dirty Dozen" list of Madeira Beach. Robert Preston, 425 S. Bayshore Drive, said he liked the idea of a "Dirty Dozen" list, and maybe it could be published in the Beach Beacon. Tom Edwards, protected address, said the Sheriff deputies needed to be made aware they will give the fine for littering on the first offense, not a warning. Vice Mayor Andrews motioned to approve Ordinance 2020-15. Commissioner Price seconded the motion. ROLL CALL: Vice Mayor Andrews. "YES" Commissioner Price "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 4-0. 8. CONSENT AGENDA A. Approval of Minutes: 2020-06-10 BOC Workshop Agenda Setting Meeting 2020-06-10, BOC Regular Meeting 2020-06-18, 2020, Marina Examination Town Hall Meeting 2020-06-24, BOC Special Meeting B. Approval of F.Y. 2021 Gulf Beaches Library Agreement-Robert Daniels July 8, 2020, BOC Regular Meeting Page 9 of 15 This item was removed from the consent agenda and moved to 9.A. under Contract/Agreements. C. Approval of F.Y. 2021 Law Enforcement Services Contract with Pinello County Sb.erifl'■ Office - Robert Daniels, City Manager D. Amended Contract with William Karns Enterprises, Inc. - City Hall Generator Housing Project - Robert Daniels, City Manager Mayor Hendricks asked that Item 8.B., to be discussed at a regular workshop meeting as unfinished business. Vice Mayor Andrew motioned to approve the Consent Agenda, excluding 8.B. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4"0, 9. UNFINISHED BUSINESS A. Reimbunement of City Clerk'• Legal Expenses - Mayor John B. Hendrick Mayor Hendricks said he had asked that the item be put back on the agenda. There was an issue with City Clerk Clara VanBlargan having to pay for her own legal expenses this past summer and fall. The City should have covered the costs at that time. Vice Mayor Andrews commented he agreed one hundred percent. Commissioner Price said the City should reimburse the City Clerk for her defense but not for Ms. VanBlargan' s EEOC charges to be drafted against the City on her behalf. She was not in a defensive position. Anything drafted from the EEOC needs to be paid for by the City Clerk because it could result in a lawsuit. Vice Mayor Andrews agreed with Commissioner Price. Commissioner Hodges said Clara had worked very hard for the City, and everything on the bill should be paid. Mayor Hendricks opened to public comment. Tom Edward, protected address, said he agreed with Commissioner Price on the billing. He asked if everything was resolved on the case. Mayor Hendricks confirmed the issue was resolved. Commissioner Hodges suggested this item be brought back to the Board to discuss that all issues have been accounted for and resolved on behalf ofthe City Clerks. Commissioner Price said since there was a new EEOC filing charge drafted in May 2020, she did not believe all issues are resolved July 8, 2020, BOC Regular Meeting Page 10 oflS at this time. She would like the money associated with the EEOC charge be subtracted for the invoices, which total about $106.00. Commissioner Price motioned to approve all attorney's fees paid by City Clerk Clara VanBlargan as presented in the packet for reimbursement, minus the November 19, 2019, EEOC charge for $15, the mailing and copy fees to the EEOC on p.217 for $1.90, and on p.219 of the packet, the May 5, 2020, new draft charge to the EEOC of$90. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Price "YES" Vice Mayor Andrews "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 4-0. B. Correction of Press Release regarding recent Marina Examination - Board of Commissioners After discussion by the Board, the item was postponed and moved to the Workshop Meeting on July 22, 2020. Vice Mayor Andrews motioned to postpone the correction of the press release to the workshop meeting on July 22, 2020. Commissioner Price seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Price "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 4-0. C. RFP for City Attorney Professional Legal Services - Clara VanBlargan, City Clerk Mayor Hendricks opened to public comments. Robert Preston, 425 S. Bayshore Drive, said it is a difference in night and day how Mr. Trask performs compared to his predecessor. Mr. Preston inquired if there is a contract for the City Attorney in place. Interim City Attorney Tom Trask said the agreement is precisely the same as the contract as the prior attorney, the same retainer, and the same hourly rate. Mr. Preston asked if there was an end date. Attorney Trask said the contract stays in place until the Commission decided his services would no longer be needed. At that time, there is a 30-day termination notice. Commissioner Price motioned to table the RFP for City Attorney Professional Services. Commissioner Hodges seconded the motion. July 8, 2020, BOC Regular Meeting Page 11 of15 ROLL CALL: Commissioner Price "YES" Commissioner Hodges "YES" Vice Mayor Andrews "YES" Mayor Hendricks "NO" The motion carried 3-1. D. Adverti1lng for City Treasurer Position to have a penon hired and appointed by October 1, 2020 - Board of Commissioners City Manager Daniels reviewed the item. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Price motioned to move the advertising for the City Treasurer position and the editing of the job description of the Treasurer/ Finance Director to be discussed at the upcoming workshop on July 22, 2020. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Price "YES" Vice Mayor Andrews "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 4-0. E. Board of Commissioners to establish an Auditor Selection Committee (F.S. 218.391) - Robert Daniels, City MaMger City Manager Daniels reviewed the item. Commissioner Hodges motioned to revise the makeup of the committee, to appoint Vice Mayor Andrews as the chairperson ofthe committee, and the Board ofCommissioners to be the committee members. Commissioner Price seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Price "YES'' Vice Mayor Andrews "YES" Mayor Hendricks "YES" The motion carried 4-0. 10. CONTRACT/AGREEMENTS July 8, 2020, BOC Regular Meeting Page 12 ofts Approval of F,Y, 2021 Gulf Beaches Library Agreement-Robert Daniels This item was moved from the Consent Agenda 8.B. City Manager Robert Daniels reviewed the item and answered questions and comments by the Board. After discussion by the Board, it was recommended that a member of the Commission serve as one of the two City members on the Library Board. Mayor Hendricks asked when the term of the community members for the Library Board expired. The City Clerk said there is a term expiring on September 30, 2020. Mayor Hendricks opened to public comment. Robert Preston, 425 S. Bayshore Drive, stressed he was not in favor of the FY 2021 Gulf Beaches Library agreement. Commissioner Price motioned to postpone the approval of the four-year FY 2021 Gulf Beaches Library agreement until the Workshop Meeting on July 22, 2020, in hopes, there is clarification on the amount billed to Madeira Beach, which did not change after it was requested. Commissioner Hodges seconded the motion. ROLLCALl,: Commissioner Price "YES" Commissioner Hodges "YES" Vice Mayor Andrews "YES" Mayor Hendricks "YES" The motion carried 4-0. 11. NEW BUSINESS A, BOC appointment to the Tampa Bay Regional Planning Council - Linda Portal, Community Development Director Community Development Director Linda Portal reviewed the item and answered questions and comments by the Board. Commissioner Price volunteered to be the Commission member to the Tampa Bay Regional Planning Council. Vice Mayor Andrew motioned to appoint Commissioner Price to serve as the Commission member on the Tampa Bay Regional Planning Council. Commissioner Hodges seconded the motion. Mayor Hendricks opened to public comment. There were no public comments. ROLL CALL: July 8, 2020, BOC Regular Meeting Page 13 of IS Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4-0. 12. STAFF REPORTS A. Monthly Financial Report for April 2020 and May 2020 -Andrew Laflin, CPA, Contracted Financial Consultant Financial consultant Andrew Laflin reviewed the reports and answered questions and comments by the Board. Mayor Hendricks asked Mr. Laflin ifhe could check the current loan for the stormwater project. He asked if it would be better to pay off the first loan and apply for a construction loan for the second phase of the project. Mr. Laflin said he could check into the loan and report back to the Board. Finance Consultant Laflin provided his ideas about the budget process and went over important dates and times for reviewing the budget. Mayor Hendricks asked if the City was on target working through the budget. Mr. Laflin said the City was. He said his goal for the City is to achieve efficiency through software programs and bring the City to a new level and streamline operations and reports. Tom Edwards, protected address, said he was the chairperson of the Budget Review Committee and to consider the length of time it takes for the review. 13. REPORTS/CORRESPONDENCE A. City Commission B. City Attorney C. City Manager City Manager Robert Daniels reported on the sand issue blocking the north end of John's Pass. The City had several meetings with interested parties, County Commissioners, U.S. Representative Charlie Crist, and Senator Scott. He is putting together a draft memorandum to send to the Army Corps of Engineers to help with the solution. There will be a two-prong approach, the first step of the solution to remove the sand. The second prong is to fix the problem long-term. D. City Clerk City Clerk Clara VanBlargan reported there would need to be a first reading and public hearing on an ordinance prescribing the manner of holding the election and calling the election on November 3, 2020, to place the six Charter amendments on that ballot and an ordinance approving the charter amendment questions no later than on Wednesday, July 15th• at 6:00 p.m. Those two items will be July 8, 2020, BOC Regular Meeting Page 14 oflS on August 5th, special meeting agenda to be adopted. The Commission agreed to move the date of the regular meeting from August 12th to August 5th• 14, ADJOURNMENT Mayor Hendricks adjourned the meeting at 9:00 p.m. ATTEST: { Clara VanI3largan, M1 ·c, MSM, City C I ', July 8, 2020, BOC Regular Meeting Page lS of lS

Agenda

City of Madeira Beach Agenda BOC Regular Meeting Wednesday, July 8, 2020 @ 6:00 PM Commission Chambers 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 Channel 640 and Live Streamed on the City’s Website. [Workshop Agenda Setting Meeting will be held at 5:45 p.m.] 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Nancy Hodges 3. ROLL CALL 4. APPROVAL OF THE AGENDA 5. PROCLAMATIONS/PRESENTATIONS 5.1. PROCLAMATIONS - Mayor / City Clerk 5.2. PRESENTATIONS 6. 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 and do not include any topic that is on the agenda. Public comment on agenda items will be allowed when they come up. Physical access to the meeting in the Commission Chambers is limited to 30 members of the public, on a first come - first serve basis, while maintaining CDC recommended social distancing practices. The other members of the public who arrive to attend the meeting will view the meeting by TV in the City Centre Room, adjacent to the Commission Chambers. The meeting will also be aired on Public Access TV Spectrum Channel 640 and through the city’s website. Public comments can also be submitted by email through the Public Comment form located on the front page of the City of Madeira Beach website. Comments are accepted up to three hours prior to start of the meeting, and will be read aloud during the meeting. Please limit your comments to 400 words as the comments are limited to three minutes. This meeting is being held in accordance with Executive Order 20-69 which authorizes the use of communication media technology such as telephonic or video conferencing and provided in section 120.54(5)(8)2, Florida Statutes. 7. PUBLIC HEARINGS “Any affected person may become a party to this proceeding and can be entitled to present evidence at the hearing including the sworn testimony of witnesses and relevant exhibits and other documentary evidence and to cross-examine all witnesses by filing a notice of intent to be a party with the city clerk, not less than five days prior to the hearing.” A. Ordinance 2020-07, Proposed Charter Amendment – Sec. 3.3 A, Filing - To provide that the Qualifying Period for Candidates seeking the office of Mayor or District Commissioner be the first full two weeks in December – 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official Memo-Ord2020-07, Sec. 3.3 A, Qualifying Period Ord 2020-07 (Charter Amend. 3.3 A - Filing) Charter Section 3.3A,B, Qualifying Period B. Ordinance 2020-08, Proposed Charter Amendment - Sec. 3.3 B, District Commissioners – To provide that any District Commissioner who desires to become a Candidate for the office of Mayor shall resign his/her office one week before the Qualifying Period - 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official Memo-Ord2020-08, Sec. 3.3 B, District Commissioners Ord 2020-08 (Charter Amend. 3.3 B - District Commissioners) Charter Section 3.3A,B, Qualifying Period C. Ordinance 2020-10, Proposed Charter Amendment - Sec. 3.4 E, Manner of Holding Elections - To provide that District Commissioners be elected from the Electors residing in such District; To provide that any Candidate receiving the highest number of votes cast in an election for an office shall be elected to office and that if two or more Candidates receive an equal and highest number of votes for the same office that those persons shall draw lots to determine who shall be elected to office- 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official Memo-Ord2020-10, Sec. 3.4 E, Runoff Elections Ord 2020-10 (Charter Amend. 3.4 E - Manner of Holding Elections) - Rev. 6-4- 20 Charter Section 3.4, Manner of holding elections Florida Statutes 100.181, Dertermination of persons elected D. Ordinance 2020-11, Proposed Charter Amendment - Sec. 2.2 B, Qualifications and Term of Office - To change the term of office for District Commissioners from two to three years and change the term of office for Mayor from three to four years – 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official Memo-Ord2020-11, Sec. 2.2 B, Commission Terms CP1 Ord 2020-11 (Charter Amend. 2.2 B - Qualifications and Term of Office) Charter Section 2.2, Board of Commissioners created; qualifications; term of office; and vacancies Charter Section 3.4, Manner of holding elections Chart - Commission Terms 4-5 E. Ordinance 2020-12, Proposed Charter Amendment - Sec. 3.4 A, Manner of Holding Elections - To change the term of office for District Commissioners from two to three years and change the term of office for Mayor from three to four years – 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official Memo-Ord2020-12, Sec. 3.4 A, Commission Terms CP1 Ord 2020-12 (Charter Amend. 3.4 A - Manner of Holding Elections) - Corrected Charter Section 2.2, Board of Commissioners created; qualifications; term of office; and vacancies Charter Section 3.4, Manner of holding elections Chart - Commission Terms 4-5 F. Ordinance 2020-13, Proposed Charter Amendment – Removing a portion of the Charter provision regarding independent audit – 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official Memo-Ord2020-13, Sec. 4.10, Independent Audit CP1 Ord 2020-13 (Charter Amend. 4.10 - Independent Audit) City Charter, Section 4.10, Independent Auditdocx F.S. 218.391, Auditor Selection Procedures G. Ordinance 2020-14, Sec. 2.2, Board of Commissioners created; Qualifications; Term of Office; and Vacancies, Subparagraph A, Board Created, to provide that the District Commissioners of Districts can only be voted upon by the Electors of the District in which they are seeking office - 2nd Reading & Public Hearing - Clara VanBlargan, City Clerk/Election Official Memo-Ord2020-14, Sec. 2.2 A, Board Created CP1 Ord 2020-14 (Charter Amend. 2.2 A - Board Creating) City Charter, Section 2.2 -Board of Commissioners created.... 2018 Number of Electors per Districts Mad_Beach_Election_Map_District_1_11x17 Mad_Beach_Election_Map_District_2_11x17 Mad_Beach_Election_Map_District_3_11x17 Mad_Beach_Election_Map_District_4_11x17 H. PUBLIC HEARING to consider a request by Madeira Beach Development for Alcoholic Beverage Use ABP 2020-03, for a 2COP with stated intent to sell liquor, beer and wine by drink or in sealed containers for consumption on premises of Deano’s Beach Kitchen located at 14601 Gulf Blvd, Madeira Beach, FL 33708 - Linda Portal, Community Development Director CM Memo Alcohol Permit ABP 2020-03 CP1 BOC Packet Support Documents For ABP 2020-03 Deano's Beach Kitchen I. PUBLIC HEARING to consider a request by Madeira Beach Development for Alcoholic Beverage Use ABP 2020-04, for a 2COP with stated intent to sell liquor, beer and wine by drink or in sealed containers for consumption on premises of Lucky Lizard Tap House Located at 14593 Gulf Blvd #A, Madeira Beach, FL 33708 - Linda Portal, Community Development Director CM Memo Alcohol Lucky Lizard Tap House Lucky Lizard Tap House ABP 2020-04 Support Materials for BOC J. PUBLIC HEARING to consider a request by Madeira Beach Development for Alcoholic Beverage Use ABP 2020-05, for a 2COP with stated intent to sell liquor, beer and wine by drink or in sealed containers for consumption on premises of Schooner Hotel located at 14500 Gulf BLVD Madeira Beach, FL 33708 - Linda Portal, Community Development Director CM Memo Alcohol ABP 2020-05 Schooner Hotel CP1 Boc Packet Support Materials For ABP 2020-05 Schooner Hotel 8. 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: pk2020-06-10, BOC Workshop Agenda Setting Meeting pk2020-06-10, BOC Regular Meeting pk2020-06-18, 2020, Marina Examination Town Hall Meeting pk2020-06-24, BOC Special Meeting B. Approval of FY 2021 Gulf Beaches Library Agreement - Robert Daniels, City Manager Madeira Beach Service Agreement C. Approval of FY 2021 Law Enforcement Services Contract with Pinellas County Sheriff's Office - Robert Daniels, City Manager Madeira Beach FY2021 Contract Madeira Beach FY2021 Contract Attachment 1 D. Amended Contract with William Karns Enterprises, Inc. - City Hall Generator Housing Project - Robert Daniels, City Manager Revised Contract 9. UNFINISHED BUSINESS A. Reimbursement of City Clerk's Legal Expenses - Mayor John B. Hendricks City Clerk Legal Fees B. Correction of Press Release regarding recent Marina Examination - Board of Commissioners DRAFT 3 Media Release re Marina Forensic Investigation Results C. RFP for City Attorney Professional Legal Services - Clara VanBlargan, City Clerk This item is for direction to the City Clerk. The Board of Commissioners asked that this item be discussed again in July. RFP No. 2020-04 City Attorney Legal Services FINAL 4.13.2020 D. Advertising for City Treasurer Position to have a person hired and appointed by October 1, 2020 - Board of Commissioners Finance Director Job Description City of Madeira Beach Pay Plan-Salary Ranges E. Board of Commissioners to establish an Auditor Selection Committee (F.S. 218.391) - Robert Daniels, City Manager F.S. 218.391, Auditor Selection Procedures 10. CONTRACTS/AGREEMENTS 11. NEW BUSINESS A. Ordinance 2020-15, Adding City Code Section 34-44 to provide penalties for littering - 1st Reading & Public Hearing - Robert Daniels, City Manager Memo - Littering Ordinance CP1 Ord 2020-15 (Litter Penalty) B. BOC appointment to the Tampa Bay Regional Planning Council - Linda Portal, Community Development Director Memo - Appointment to Regional Planning Council Appointment CP1 12. STAFF REPORTS A. Monthly Financial Report for April 2020 and May 2020 - Andrew Laflin, CPA, Contracted Financial Consultant April 2020 Financial Report May 2020 Financial Report 13. REPORTS/CORRESPONDANCE A. City Commission B. City Attorney C. City Manager D. City Clerk 14. ADJOURNMENT One or more Elected or Appointed Officials may be in attendance. Any person who decides to appeal any decision of the Board of Commissioners 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 to participate in this meeting should call the City Clerk at 727-391- 9951, ext. 231 or fax a written request to 727-399-1131.

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