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City Council Meeting City of Belleair Beach, Florida Monday, August3,2020 Community Center, 6:00 PM PUBLIC MEETING NOTICE AGENDA VIRTUAL MEETING Call to Order Pledge of Allegiance Rol l Call 1. Approval of Agenda. 2. Citizens Comments. (Each speaker will be recognized once and will be limited to a (3) three-minute presentation on any subject that is not on the Agenda) 3. Presentation: Pinellas County Sheriff's Office. Belleair Beach monthly analysis of events Public Hearing 4. Consideration of Ordinance 20-02, An Ordinance Of The City Council Of The City Of Belleair Beach, Florida, Relating To Five (5) Proposed Charter Amendments For Submission To Referendum ; Providing For Incorporation Of Recitals; Providing For Amendments To Article II, Section 2.02, Article II, Section 2.045(A), Article II, Section 2.06, Article IV, Sections 4.02 And 4.03, And Article IX Of The City Charter; Providing For Five (5) Ballot Titles; Providing For City Clerk To Obtain Spanish Language Translation; Providing For Approval By The Majority Of Electors Voting In The Election Scheduled For November 3, 2020; Providing For A Notice Of An Advertisement Of The Referendum Election To Be Published In Accordance With The State Of Florida Election Code; Providing That Upon Adoption Of This Ordinance The Five (5) Proposed Charter Amendments Shall Be Submitted To The Qualified Electors Of The City Of Belleair Beach, Florida, Voting In The Election Scheduled For November 3, 2020 And Shall Become Effective As Provided By Law; Providing For The City Clerk To Conform And Codify The Charter Amendments To The Charter If Approved; Providing For Repeal Of Ordinances In Conflict Herewith; Providing For Severability; Providing An Effective Date; And Providing For An Effective Date(s) Of Proposed Charter Amendment(s). (Second Reading)

Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

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Page 1: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

City Council Meeting City of Belleair Beach, Florida

Monday, August3,2020 Community Center, 6:00 PM

PUBLIC MEETING NOTICE AGENDA

VIRTUAL MEETING Call to Order Pledge of Allegiance Rol l Call

1. Approval of Agenda.

2. Citizens Comments. (Each speaker will be recognized once and will be limited to a (3) three-minute presentation on any subject that is not on the Agenda)

3. Presentation: Pinellas County Sheriff's Office. • Belleair Beach monthly analysis of events

Public Hearing

4. Consideration of Ordinance 20-02, An Ordinance Of The City Council Of The City Of Belleair Beach, Florida, Relating To Five (5) Proposed Charter Amendments For Submission To Referendum ; Providing For Incorporation Of Recitals; Providing For Amendments To Article II, Section 2.02, Article II, Section 2.045(A), Article II, Section 2.06, Article IV, Sections 4.02 And 4.03, And Article IX Of The City Charter; Providing For Five (5) Ballot Titles; Providing For City Clerk To Obtain Spanish Language Translation; Providing For Approval By The Majority Of Electors Voting In The Election Scheduled For November 3, 2020; Providing For A Notice Of An Advertisement Of The Referendum Election To Be Published In Accordance With The State Of Florida Election Code; Providing That Upon Adoption Of This Ordinance The Five (5) Proposed Charter Amendments Shall Be Submitted To The Qualified Electors Of The City Of Belleair Beach, Florida, Voting In The Election Scheduled For November 3, 2020 And Shall Become Effective As Provided By Law; Providing For The City Clerk To Conform And Codify The Charter Amendments To The Charter If Approved; Providing For Repeal Of Ordinances In Conflict Herewith; Providing For Severability; Providing An Effective Date; And Providing For An Effective Date(s) Of Proposed Charter Amendment(s). (Second Reading)

Page 2: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

City Council Meeting

Consent Agenda

Monday, August 3, 2020

5. Approval of July 6, 2020 City Council Meeting Minutes.

6. Approval of July 13, 2020 City Council Budget Workshop Minutes.

7. Approval of July 20, 2020 City Council Budget Workshop Minutes.

8. Approval of July 20, 2020 Special City Council Meeting Minutes.

Regular Agenda

9. Consideration of Appointment of Alternate Park and Recreation Board Member Jean Bisio to Board member.

• Council appointment of Board Member

10. Consideration of Appointment of Tammie Levenda to the Park and Recreation Board.

• Council appointment of Board Member

11 . Consideration of Resolution 2020-12, A Resolution Of The City Council Of Belleair Beach, Florida, Approving The Fiscal Year 2020-21 Non-Ad Valorem Assessment Roll For The Bellevue Estates Island Assessment Area; Directing Certification Of The Assessment Roll To The Pinellas County Tax Collector; And Providing An Effective Date.

• Certification of the assessment roll to the PCPAO

12. Authorize the City Manager to Execute Contract for Law Enforcement Services with the Pinellas County Sheriff for Fisca l Year 2020/21.

• Renewal of the PCSO annual contract

13. Unfinished Business.

14. City Attorney.

15. City Manager.

16. City Clerk.

17. City Council Comments.

Adjournment

Any person who decides to appeal any decision of the City Council 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 based. The law does not require the City Clerk to transcribe verbatim minutes, therefore, the applicant must make the

2

Page 3: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

City Council Meeting Monday,August3,2020

necessary arrangements with a private reporter or private reporting firm and bear the resulting expense. Any person with a disability requiring reasonable accommodation in order to participate in this meeting should call 727 .595.4646, ext. 124 or fax a written request to 727.593.1409.

Patricia A. Gentry, CMC City Clerk

Upcoming Meetings and Events as of July 30, 2020

Communication Advisory Committee Meeting Virtual Meeting

Wednesday, July 30, 2020 6:00pm

City Council Meeting Monday,August3, 2020

6:00pm

City Council Work Session Monday, August 17, 2020

6:00pm

To join the webinar : https://zoom.us/j/91919638728?pwd=bEo4UG5oczlWVytHaitxdjBZRzF

IUT09 Passcode: 168438

Or iPhone one-tap : US: + 13017158592,,91919638728#,,,,,,0#,, 168438# or

+ 13126266799,,91919638728# ,,,,,,0#,, 168438# Or Telephone:

Dial(for higher quality, dial a number based on your current location):

US: +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833

Webinar ID: 919 1963 8728 Passcode : 168438

International numbers available: https://zoom.us/u/acjRylHvxx

3

Page 4: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

PINELLAS COUNTY SHERIFF ' S OFFICE BOB GUALTIERI, SHERIFF

STRATEGIC PLANNING BUREAU

BELLEAIR BEACH MONTHLY ANALYSIS UCR Part I Crimes

Prepared by: Casey Taylor

-···

91'.RlmD~ Murder Forcible Sex Offenses Robbery A2:irravated A<ssault Burglary Larceny Motor Vehicle Theft

1.2

1

0.8

0.6

0.4

0.2

0 0 0

; ~-~

0 0

~I(.;'- ~I(.;' ~~ ~~~

0 ~~+

-~~ c,'-

«,O~

·~·nn.czz1 ..... .s:..-:.....\............ ·== i.:S Ii~-- ' -

June 2020 ~---~:=•- ~....,.

0 0 0 0 0 0 0 0 0 0 0 1 0 0

l

0 0 0 0 0 0 0 0 0

:!S'~ ~ ~~ ,,te,

~J>'tr ~

~°<)Ji

-::.,'b-<:i

~-$-~

~<:-~ ~ ,s.v <\~

V ~I(.; ~" ..::,,_l(.;Y

~o<. ~o

Data Source: ACISS: UCR Offenses with Occurred Addre:-s. Arrested Subjects

0 0 1 1 4 10 0

•. ,. aece .. ,

May-20

■ Jun-20

C-\D: Crime Analysis Views, Crime Analysis Incident History (Dispo- 7) Vehicle Abandoned/Ill egal I:' Parked

0 1 0 0 0 3 0

~~. -\ -~~,; '1,lfft l!/'ies

- I -7/8/2020

Page 5: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

Arrests

June 2020 There were a total of 2 people arrested in the City of Belleair Beach during the month of June resulting in the following charges:

Misdemeanor 1 Battery-Domestic Related

Warrant 1 Warrant Arrest

Grand Total 2

*Information provided reflects the number of arrests (persons arrested) as well as the total charges associated with those arrests.

Prepared by: Casey Taylor Data Source: ACISS: UCR Offenses with Occurred Address, Arrested Subjects

CAD: Crime Analysis Views, Crime Analysis Incident Histor, (Dispo- 7) Vehicle Abandoned/Ill egall y Parked

- 2 -7/8/2020

Page 6: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

Deputy Activity WCX AWWW4 S WWW , F l _ ___,,..11- · rvnr411591' --~- . -·- - . _.....,.. .~ --~~-----

There were a total of 790 events in the City of Belleair Beach during the month of June resulting in 896 units responding.

The table below reflects the top twenty-five events to include both self-initiated and dispatched calls in the City of Belleair Beach for the month of June. *CAD data is filtered by problem type.

June 2020 -

l poi '-l ,_ • • --: ■ a.~ ■ t:',V ,~ ,u .......... , House Check 312 Directed Patrol 250 Ordinance Violation 43 Vehicle Abandoned/Illegally Parked 42 Traffic Stop 32 Contact 18 Information/Other 16 Assist Citizen 8 911 Hang-up Or Open Line 8 Special Detail 5 Noise 5 Alarm 5 Suspicious Vehicle 5 Community Contact 5 Domestic-In Progress 4 Supolement 3 Accident 3 Boating Vessel Stoo 3 Suicidal Subject 2 Suspicious Person 2 Civil Matter 2 Assist Other Agency 2 Alarm Holdup 2 Fraud/Forgery-Not In Progress 2 Disorderly Conduct 1

Prepared by: Casey Taylor Data Source: ACISS: UCR Offenses with Occurred Address, Arrested Subjects

CAD: Crime Analysis Views, Crime Analysis Incident History (Dispo- 7) Vehicle Abandoned/Illegall y Parked

- 3 -7/8/2020

Page 7: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

Crash & Citation Analysis

There were 4 crashes in the City of Belleair Beach during June 2020. *Crash data is filtered by disposition type and may include "accident and hit and run" problem types.

Crashes by Day of the Week

1 Belleair Beach Causewa· · 1 2040 Gulf Blvd Monday

3201 GulfBlvd Gulf Blvd/Morgan Drive Wal.t1~ay

Friday

Saturday

There were a total of 61 citations and warnings issued in the City of Belleair Beach during June 2020.

Gulf Blvd & Howard Drive

Prepared by: Casey Taylor Data Source: ACISS: UCR Offenses with Occurred Address. Arrested Subjects

CAD: Crime Analysis V iews. Crime Analysis Incident History (Dispo- 7) Vehicle Abandoned 1Tllega11y Parked

Crashe~ b,· Tl.mr. or Day

....

Citatior.s and Warnings

Hoaling Wamin~

P,,rking

Traffic ~;; W.:ruing

- 4 -7/8/2020

B08:00-l 5.59

Page 8: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

ORDINANCE 20-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELLEAIR BEACH, FLORIDA, RELATING TO FIVE (5) PROPOSED CHARTER AMENDMENTS FOR SUBMISSION TO REFERENDUM ; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AMENDMENTS TO ARTICLE II, SECTION 2.02, ARTICLE II, SECTION 2.045(a), ARTICLE II, SECTION 2.06, ARTICLE IV, SECTIONS 4.02 AND 4.03, AND ARTICLE IX OF THE CITY CHARTER; PROVIDING FOR FIVE (5) BALLOT TITLES; PROVIDING FOR CITY CLERK TO OBTAIN SPANISH LANGUAGE TRANSLATION; PROVIDING FOR APPROVAL BY THE MAJORITY OF ELECTORS VOTING IN THE ELECTION SCHEDULED FOR NOVEMBER 3, 2020; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT UPON ADOPTION OF THIS ORDINANCE THE FIVE (5) PROPOSED CHARTER AMENDMENTS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BELLEAIR BEACH, FLORIDA, VOTING IN THE ELECTION SCHEDULED FOR NOVEMBER 3, 2020 AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE CITY CLERK TO CONFORM AND CODIFY THE CHARTER AMENDMENTS TO THE CHARTER IF APPROVED; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR AN EFFECTIVE DATE(S) OF PROPOSED CHARTER AMENDMENT(S).

WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of

Charter amendments supplementary to and not in conflict with the Charter of the City of

Belleair Beach, Florida ("City"); and

WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an

amendment may be submitted to a referendum vote by the City Council through the adoption of

an Ordinance calling for such a referendum election; and

WHEREAS, Section 166.031 , Florida Statutes, (Charter Amendments), states, in part,

as follows:

OrdinanceCharterAmendments07172020

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"(3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplemental to the provisions of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law."; and

WHEREAS, the City Council adopted Resolution No. 2019-11 which appointed a

Charter Review Committee to review and recommend amendments to the Charter in accordance

with the provisions of Section 9.01 of the Charter of the City of Belleair Beach, Florida; and

WHEREAS, Section 9.01 of the Charter provides for amendments to the Charter; and,

WHEREAS, Article II, Section 2.02 (LEGISLATIVE - Elections and terms) of the

existing City Charter states as follows (including the proposed amendment to the Charter

provision shown as striketra=ough and underline revisions):

Section 2.02. - Election and terms.

(a) Council members shall be elected in the manner provided for in this Charter. The offices of those council members whose terms begin in 2012 shall thereafter be for a term of three years commencing in 2012 and expiring in 2015. The positions of those council members (including the Mayor) whose terms begin in 2013 shall thereafter be for a term of three years commencing in 2013 and expiring in 2016. The term for all subsequent elections shall be three years. Elections shall be held thereafter in those years when incumbents' terms expire. The council members shall begin their tenns in accordance with section 2.07 of the Charter. Commencing with the offices of those council members whose terms begin in 2021, individual council members, including the mayor, shall be prohibited from holding office for more than two (2) consecutive terms.

(b) No election shall be required to be held if the number of vacancies to be filled at the election is equal to or greater than the number of duly qualified candidates for city council or mayor.

2 OrdinanceCharterArnendments07 l 72020

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WHEREAS, Article II, Section 2.045(a) (LEGISLATIVE - General powers and duties of

the mayor and city council - Mayor) of the existing City Charter states as follows (including the

proposed amendment to the Charter provision shown as strikethrough and underline revisions):

Section 2.045. - General powers and duties of the mayor and city council.

( a) Mayor. The mayor shall be the presiding officer of the city council and shall conduct all meetings using Robert's Rule of Order as a guideline or any ordinance pertaining to the conduct of council meetings. The presiding officer shall vote on matters as a regular member of council, but shall not move or second a motion unless the presiding officer passes the gavel to the most senior councilmember who will temporarily chair the meeting.

WHEREAS, Article II, Section 2.06 (LEGISLATIVE - Vacancies, forfeiture, filling of

vacancies) of the existing City Charter states as follows (including the proposed amendment to the

Charter provision shown as strikethrough and underline revisions):

Section 2.06. - Vacancies, forfeiture, filling of vacancies.

(a) Vacancies. The office of mayor/vice mayor or any council member shall become vacant upon his/her death, resignation, or removal from office in any manner authorized by law or forfeiture of office pursuant to this Charter.

(b) Forfeiture of office. The mayor/vice mayor or a council member shall forfeit office if the officer holder lacks, at any time during the term of office, any qualification for the office as prescribed by this Charter or pursuant to Florida law; violates any expressed prohibition of this Charter; is convicted of a felony; or at the council's discretion, fails to attend any four council meetings, budget sessions, work sessions during a rolling twelve (12) month period during the term of office with the exception of special or emergency meetings.

(c) Filling of vacancies. A vacancy on the council shall be filled by a majority vote of the remaining members of the council. Any person appointed by council to fill a vacancy shall hold office until the next annual election in the city. If at any time the membership of the council is reduced to less than a quorum, the remaining members may, by majority vote, appoint additional members in conformity with this section, or shall call for a special election to be held within 60 days from the date of the vacancy which reduced the council to less than a quorum. In the event that all seats on the council become vacant, the governor shall appoint an interim council that shall serve until the next regular election.

3 OrdinanceCharterAmendments07 l 72020

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WHEREAS, Article IV, Section 4.02 (CHARTER OFFICERS - Appointment) and

Section 4.03 (CHARTER OFFICERS - Removal) of the existing City Charter states as follows

(including the proposed amendment to the Charter provision shown as strikethrough and underline

revisions):

Section 4.02. - Appointment.

The city manager and city clerk shall be appointed by the council and shall serve at the pleasure of the council, subject to the provisions of section 4.03 of this article.

Section 4.03. - Removal.

To remove the city manager and city clerk, the council shall adopt a preliminary resolution stating reasons for the intended removal and shall offer the Charter officer an opportunity for a public hearing before the council on the matters raised by the resolution. The preliminary resolution may also suspend the city manager, city clerk or city treasurer from duty immediately with or without pay. The city manager, city clerk or city treasurer must accept the offer of a public hearing or file a written response within ten days of the adoption of the preliminary resolution or the resolution becomes final at the expiration of this ten-day period and terminated on that date. If the public hearing is requested it shall be held not earlier than 20 days nor later than 30 days after the adoption of the preliminary resolution. After any such public hearing, or after consideration of any written response, the council shall adopt a final resolution of removal or let the preliminary resolution lapse.

WHEREAS, Article IX, (GENERAL PROVISIONS) of the City Charter shall be amended by adding Section 9.07 (Strategic Plan) (including the proposed amendment to the Charter provision shown as strikethrough and underline revisions):

states:

Section 9.07 - Strategic Plan.

The City Council shall utilize the City ' s Strategic Plan as a guideline and shall periodically review and revise the City' s Strategic Plan.

WHEREAS, the form of ballots is addressed in Section 5.04 of the City Charter which

Section 5.04. - Form of ballots.

4 OrdinanceCharter.Amendments07172020

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The city council shall prescribe the form of the ballot by ordinance including the method of listing candidates for city council election. A Charter amendment to be voted on by the electors of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice and shall be styled in such a manner that a "yes" vote will indicate approval of the proposal and a "no" vote will indicate rejection. Below the ballot title shall appear with the following question:

"Shall the above Charter amendment be adopted?"

Immediately below such question shall appear in the following order, the words "Yes for approval" and also the words "No for rejection" with a sufficient blank space thereafter for the placing of the symbol "X" to indicate the voter's choice, if voting machines are not used.

WHEREAS, the City Council has publicly reviewed, considered, and directed that this

Ordinance be prepared and that the appropriate five (5) Charter amendments and Ballot Titles be

included herein and submitted to the qualified electors of the City of Belleair Beach, Florida,

voting in the election scheduled for November 3, 2020; and

WHEREAS, in order to comply with the deadline established by the Pinellas County

Supervisor of Elections to include the Ballot Titles on the ballot for the election scheduled for

November 3, 2020, the City Clerk must provide the Pinellas County Supervisor of Elections with

a copy of this Ordinance no later than August 11 , 2020.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BELLEAIR BEACH, FLORIDA, THAT:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are

incorporated herein by reference.

SECTION 2. Charter Amendments. The proposed Charter amendments to (i) Article II,

Section 2.02, (ii) Article II, Section 2.045(a), (iii) Article II, Section 2.06, (iv) Article IV, Sections

5 OrdinanceCharterAmendments07 l 72020

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4.02 and 4.03, and (v) Article IX are depicted in strikethrough and underline revisions within the

Recital clauses above pertaining to each Charter provision.

SECTION 3. Ballot Titles.

The following five (5) Ballot Titles shall be placed on the ballot for consideration by the

qualified electors of the City of Belleair Beach, Florida, in the election scheduled for November

3, 2020 in Pinellas County, Florida. The five (5) Ballot Titles shall read as follows :

CITY OF BELLEAIR BEACH

CHARTER AMENDMENT NO. 1

Establishing term limits

SHALL ARTICLE II, SECTION 2.02, OF THE CHARTER ENTITLED "ELECTION

AND TERMS" BE AMENDED TO PROHIBIT INDIVIDUAL COUNCIL MEMBERS,

INCLUDING THE MAYOR, FROM HOLDING OFFICE FOR MORE THAN TWO (2)

CONSECUTIVE TERMS?

officer

Shall the above Charter amendment be adopted?

( ) YES FOR APPROVAL

( ) NO FOR REJECTION

CITY OF BELLEAIR BEACH

CHARTER AMENDMENT NO. 2

Using Robert's Rules of Order at Council meetings and motions by the presiding

SHALL ARTICLE II, SECTION 2.045(a), OF THE CHARTER ENTITLED "GENERAL

POWERS AND DUTIES OF THE MAYOR AND CITY COUNCIL" BE AMENDED TO

6 OrdinanceCharterAmendments07172020

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REQUIRE ALL COUNCIL MEETINGS TO BE CONDUCTED USING ROBERT'S RULES OF

ORDER AS A GUIDELINE AND ALLOW THE PRESIDING OFFICER TO MAKE A

MOTION BY PASSING THE GAVEL TO SENIOR MOST COUNCILMEMBER?

Shall the above Charter amendment be adopted?

( ) YES FOR APPROVAL

( ) NO FOR REJECTION

CITY OF BELLEAIR BEACH

CHARTER AMENDMENT NO. 3

Forfeiture of office for failure to attend Council meeting, budget sessions or work sessions

SHALL ARTICLE II, SECTION 2.06, OF THE CHARTER ENTITLED "VACANCIES,

FOREFEITURE, AND FILLING OF VACANCIES" BE AMENDED TO REQUIRE THE

MAYOR/VICE MAYOR AND COUNCIL MEMBERS TO FOREFEIT THEIR OFFICE IF

THEY FAIL TO ATTEND FOUR (4) REGULAR COUNCIL MEETINGS, BUDGET

SESSIONS OR WORK SESSIONS WITHIN ANY TWELVE (12) MONTH PERIOD?

Shall the above Charter amendment be adopted?

( ) YES FOR APPROVAL

( ) NO FOR REJECTION

CITY OF BELLEAIR BEACH

CHARTER AMENDMENT NO. 4

Deletion of references to "City Treasurer" in specific City Charter provisions

7 OrdinanceCharterAmendments071 72020

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SINCE THE CITY COUNCIL HAS OUTSOURCED THE POSITION OF CITY

TREASURER AS A CONTRACT EMPLOYEE, SHALL ARTICLE IV, SECTION 4.02, OF

THE CHARTER ENTITLED "APPOINTMENT" AND ARTICLE IV, SECTION 4.03 OF THE

CHARTER ENTITLED "REMOVAL" BE AMENDED TO DELETE REFERENCES TO THE

"CITY TREASURER" AS BEING EITHER APPOINTED OR REMOVED BY THE COUNCIL?

Shall the above Charter amendment be adopted?

( ) YES FOR APPROVAL

( ) NO FOR REJECTION

CITY OF BELLEAIR BEACH

CHARTER AMENDMENT NO. 5

Modifying how the Council utilizes the City ' s Strategic Plan

SHALL ARTICLE IX (GENERAL PROVISIONS) OF THE CITY CHARTER BE

AMENDED TO REQUIRE THE CITY COUNCIL TO UTILIZE THE CITY'S STRATEGIC

PLAN AS A GUIDELINE AND TO PERIODICALLY REVIEW AND REVISE THE

STRATEGIC PLAN?

Shall the above Charter amendment be adopted?

( ) YES FOR APPROVAL

( ) NO FOR REJECTION

SECTION 4. That the City Clerk is hereby authorized and directed to obtain true and

accurate Spanish language translations of the Ballot Titles set forth in this Ordinance, and provide

8 OrdinanceCharterAmendments07172020

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such Spanish language translations to the Pinellas County Supervisor of Elections in conjunction

with a copy ofthis Ordinance.

SECTION 5. The City Clerk of the City of Belleair Beach, Florida is hereby authorized

and directed to advertise the referendum election contemplated herein in accordance with the State

of Florida Election Code, as well as the City's Charter and Code of Ordinances.

SECTION 6. That should a majority of electors voting on the above-referenced

referendum election vote "YES" on one or more of the five (5) Ballot Titles set forth herein,

thereby approving such respective Ballot Title(s), the revised charter language related to such

approved ballot title(s) shall become a part of the Charter of the City of Belleair Beach, Florida.

SECTION 7. The upon passage of this initiating Ordinance, the five (5) proposed Charter

amendments (the Ballot Titles set forth herein) shall be placed on the ballot for consideration by

the qualified electors of the City of Belleair Beach, Florida, voting in the election scheduled for

November 3, 2020 in Belleair Beach, Pinellas County, Florida and such approved Charter

amendment(s) shall become effective as provided by law.

SECTION 8. That the City Clerk is hereby directed to ensure that the appropriate numbers

and/or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter

to the respective amendments, if approved.

SECTION 9. Repeal of Ordinances in Conflict Herewith. All other ordinances of the City

of Belleair Beach, Florida, or portions thereof which conflict with this or any part of this Ordinance

are hereby repealed.

SECTION 10. Severability. The provisions of this Ordinance are severable; and, if any

section, sentence, clause, or phrase is for one reason held to be unconstitutional, invalid or

ineffective, this holding shall not affect the validity of the remaining portions of this Ordinance, it

9 OrdinanceCharterAmendments07172020

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being expressly declared to be the City Commission's intent that it would have passed the valid

portions of this Ordinance without inclusion of any invalid portion or portions.

SECTION 11. Effective Date of Ordinance. This Ordinance shall become effective

immediately upon its passage and adoption.

SECTION 12. Effective Date of Proposed Chatter Amendment(s). That if the Charter

amendment(s) set forth in this ordinance are approved by a majority of the electors voting in the

election scheduled for November 3, 2020, such amendment(s) shall take effect as of the day

immediately following the certification of the results of the election and shall be incorporated into

the Charter of the City of Belleair Beach. Such amendment(s) may be renumbered as appropriate

to incorporate them into the Charter.

PASSED and ADOPTED on first reading in regular session of the City Council of the

City of Belleair Beach, Florida, at which a quorum was present, this 6th day of July, 2020.

ATTEST

Patricia Gentry, City Clerk Joseph A. Manzo, Mayor

APPROVED AS TO FORM AND CORRECTNESS:

Fred Reilly, City Attorney

PASSED and ADOPTED on second reading in regular session of the City Council of

the City of Belleair Beach, Florida, at which a quorum was present, this 3rd day of August, 2020.

OrdinanceCharterAmendments07 l 72020

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ATTEST

Patricia Gentry, City Clerk Joscph A.Manzo,Mayor

APPROVED AS TO FORM AND CORRECTNESS:

Fred Reilly, City Attorney

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City Council Meeting City of Belleair Beach, Florida

Monday, July 6, 2020 Community Center, 6:00 PM

PUBLIC MEETING MINUTES

The meeting was called to order at 6:00pm by Mayor Joseph A. Manzo, followed by a Pledge of Allegiance to the Flag of the United States of America.

Roll Call: Present were Councilmembers Robyn Ache, Marv Behm, Dave Gattis, Jody Shirley, and Rita Swope; Mayor Joseph A. Manzo, City Manager Lynn Rives, City Clerk Patricia Gentry, and City Attorney Fred Reilly. Vice Mayor Glenn Gunn attended by telephone.

1. Approval of Agenda.

MOTION was made by Councilmember Behm and seconded by Councilmember Shirley to approve the Agenda.

Vice Mayor Gunn requested to amend the Agenda. Mayor Manzo requested to move Items 9, 11, and 13 from the Consent Agenda to immediately follow the Consent Agenda, as he had questions and comments.

The Agenda was amended without objection to :

Move Item 15 to Item 21b Move Item 21 to Item 15 Move Item 21a to Item 21 New Item 15 will be followed by Item 30b

Motion passed 7-0.

2. Citizens Comments. (Each speaker will be recognized once and will be limited to a (3) three-minute presentation on any subject that is not on the Agenda)

Citizens Comments included: • Asking for repeal of the City political sign ordinance • Request to allow candidate for Congress Anna Paulina Luna to

address City Council and the Public - Council agreed

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• Request to allow candidate for Pinellas County Commission Tammy Vasquez to address City Council and the Public - Council agreed

3. Presentation: Pinellas County Sheriff's Office. • Belleair Beach monthly analysis of events

Sergeant Tacia reviewed the PCSO statistics: • Zero crimes • 3 arrests in May • 4 DUis • 804 events - 758 were self-initiated • 909 units responded • 2 crashes • 72 citations and warnings • Sgt Tacia to check with the Captain to include the Belleai r Shore

easements reports with the Belleair Beach report

4. Board and Committee Reports.

Communication Advisory Committee Chair Leslie Notaro outlined the items discussed by the Committee to date :

• Town Hall meetings • Mailings to Citizens to determine their preferred methods for

surveys, etc • Development with other municipalities of a Barrier Island Alert

system • Possibility of City website participation

The next meeting of the Committee is July 16, 2020.

Park and Recreation Board Chair June VanScoyoc did not have a report.

There was no report from the Planning and Zoning Board.

There was no report from the Board of Adjustment.

Public Hearing

5. Consideration of Ordinance 20-03, An Ordinance Of The City Council Of The City Of Belleair Beach, Florida, An Ordinance Of The City Of Belleair Beach, Florida Relating To Stormwater Management; Establishing A Stormwater Utility Pursuant To Chapter 166, Florida Statutes And Section 403.0893, Florida Statutes; Providing For A Stormwater Fee; Specifying The Methods For Calculating, Billing And Collecting The Fee; Establishing A Rate Schedule For The Stormwater Fee Through Fiscal Year 2020-21; Providing That The Rate Schedule For

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Fiscal Years Thereafter May Be Established By Resolution Of The City Council Adopted During The City's Annual Budget Process; Directing Codification Of This Ordinance; Repealing All Ordinances In Conflict Herewith; And Providing An Effective Date. (Second Reading)

Mayor Manzo read Ordinance 20-03 by Title only.

MOTION was made by Councilmember Shirley and seconded by Councilmember Behm for Ordinance 20-03.

Bryant Miller Olive Attorney Christopher Roe, and Stantec Consultants Kelly Westover and Kyle Stevens were present.

Comments included, in part: • Should this be taken to the Citizens for a referendum

• Citizens have been notified, this is a public hearing and those Citizens that have an interest are here

• These funds can only be used for stormwater • There is no "sunset date", but an option for yearly review

Mayor Manzo called Point of Order not to characterize it as foolish regarding Councilmember Shirley's comment that it is "foolish" to consider taking the issue to a referendum at this Second Hearing considering this is an issue that is talked about at every meeting.

Comments continued : • The Finance Advisory Committee had recommended this fee to

Council in their report • Some condominium owners do not believe the fee is equitable • The validation process sets a ceiling for the fee • The fee helps to offset maintenance of the stormwater system • All grant opportunities have been researched • Bonds were discounted as the City is trying to avoid taking on

any debt

Attorney Roe stated this common, straightforward approach to calculating the fees of $15.00 for single-family properties and $6.00 per condominium unit per month is based on the burden put on the stormwater system and results in less administrative costs over time .

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Nay

Motion passed 6-1.

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6. Consideration of Resolution 2020-09, A Resolution Of The City Council Of The City Of Belleair Beach, Florida, A Resolution Of The City Of Belleair Beach, Florida Authorizing The Issuance Of A Stormwater Utility System Revenue Note, Series 2020, In The Principal Amount Of Not To Exceed $45,000.00 To Fund The Acquisition And Installation Of Capital Improvements Necessary For The Provision Of Stormwater Management Services In The City; Providing That The Series 2020 Note Shall Be A Limited Obligation Of The City Payable From Certain Stormwater Fees As Provided Herein; Providing For The Rights And Remedies For The Owner Of The Series 2020 Note; Making Certain Covenants And Agreements In Connection Therewith; And Providing For An Effective Date.

MOTION was made by Councilmember Gattis and seconded by Councilmember Behm for Resolution 2020-09.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

Consent Agenda

7. Approval of May 18, 2020 City Council Work Session Minutes.

8. Approval of May 20, 2020 City Council Work Session Minutes.

9. Approval of lune 1, 2020 City Council Meeting Minutes. (Removed from Consent Agenda by request of Mayor Manzo)

10. Approval of lune 15, 2020 City Council Work Session Minutes.

11. Approval to Change QuickBooks Master Administration. • Name City Manager as Master Administrator

(Removed from Consent Agenda by request of Mayor Manzo)

12. Authorize the City Manager to Advertise for Seventh and Eighth Street Drainage Modification Project.

• Project includes outfall, check valves, piping, stormwater inlets, and paving and curb work

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13. Consideration of Acceptance of the Finance Advisory Committee Final Report to City Council.

• Accept Committee Findings and Recommendations from research requested by City Council

(Removed from Consent Agenda by request of Mayor Manzo)

14. Consideration of Acceptance of the Planning and Zoning Board Final Report to City Council.

• Accept Board's research for alternative uses of City properties as requested by City Council

MOTION was made by Councilmember Swope and seconded by Councilmember Behm for Consent Agenda Items 7, 8, 10, 12, 14.

Motion passed 7-0.

MOTION was made by Councilmember Shirley and seconded by Councilmember Behm to approve Agenda Item 9.

Mayor Manzo inquired about his voting conflict Form 8B for the June 1, 2020 City Council Meeting.

City Clerk Gentry stated the form is attached to the June 1, 2020 meeting minutes to be signed by the Mayor.

Motion passed 7-0.

MOTION was made by Councilmember Ache and seconded by Councilmember Gattis to approve Agenda Item 11.

Mayor Manzo asked for clarification of the request.

City Manager Rives advised it is required by QuickBooks to change the Administrator.

Motion passed 7-0.

MOTION was made by Councilmember Shirley and seconded by Councilmember Behm to approve Agenda Item 13.

Mayor Manzo asked for a MOTION to amend the word 'recommendations' to 'research'.

Comments included, in part: • Accepting the Report submitted as "recommendations" does not

mean that the Council will act on the recommendations

Seeing no MOTION, Mayor Manzo withdrew his request to amend .

Motion passed 7-0. 5

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City Council Meeting

Mayor Manzo called for a recess at 7:47pm.

The meeting reconvened at 7:58pm.

Regular Agenda

Monday, July 6, 2020

30. Unfinished Business. (Agenda Item moved for Public participation) b. Beach accesses

•Belleair Shore Ordinance and beach access usage

Mayor Manzo gave an overview of: • The Erosion Control Line • The Belleair Shore easements

City Manager Rives: • He has spoken with Mayor Schmidt and Commissioner Blume • PCSO is not enforcing the easements • He would like to propose that Belleair Shore exempt the access

area from the ordinance • He wants to have a discussion with Belleair Shore for ideas to

control the beach access • The majority of the problem seems to be non-residents

City Attorney Reilly : • He has spoken with Belleair Shore Town Attorney Kardash • He suggested that City Council authorize City Manager Rives to

continue discussions with the Belleair Shore Commission

Following Council discussion, consensus was to have City Manager Rives represent the City in discussions with the Belleair Shore Commission with the goal of having the results memorialized in writing.

Comments included, in part: • Gates with card access • Beach Badges • PCSO should issue tickets • Additional PCSO patrols on weekends • Have vehicles without decals towed • Belleair Beach citizens should be 'good neighbors' when using

the accesses • Belleair Beach to have an action item idea to present to the

Belleair Shore Commission at their July 21, 2020 meeting demonstrating that the City is making an attempt to curb the number of non-resident visitors to the accesses

15. {now 21b) Consideration of Emergency Order 01-2020, An Emergency Order Of The City Council Of The City Of Belleair Beach, Florida, Setting Indoor Public Safety Requirements;

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Mandating That Individuals Wear A Face Covering In Public Indoor Places; Providing For Findings; Providing For Definitions; Providing For Mandatory Requirements And Prohibitions; Providing For Penalties And Enforcement; Providing For Severability; Providing For Applicability And Conflicts; Providing For An Effective Date; Providing For A Sunset Date; And Providing For Codification.

• Public Safety requirements of face masks for indoor places

Mayor Manzo read Emergency Order 01-2020 by Title only.

MOTION was made by Councilmember Behm and seconded by Councilmember Ache for Emergency Order 01-2020.

Council discussion included City Employee safety and Public safety .

City Manager Rives described the procedures being used by Staff.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley No Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn No Mayor Manzo Aye

Motion passed 5-2.

16. Consideration of Appointment of Alternate Board of Adjustment Member John J. Hayes to Board member.

• Council appointment of Board Member

MOTION was made by Councilmember Gattis and seconded by Councilmember Behm to appoint John J. Hayes to Board of Adjustment Board Member.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

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17. Consideration of Ordinance 20-02, An Ordinance Of The City Council Of The City Of Belleair Beach, Florida, Relating To Five (5) Proposed Charter Amendments For Submission To Referendum; Providing For Incorporation Of Recitals; Providing For Amendments To Article II, Section 2.02, Article II, Section 2.045(A), Article II, Section 2.06, Article IV, Sections 4.02 And 4.03, And Article IX Of The City Charter; Providing For Five (5) Ballot Titles; Providing For City Clerk To Obtain Spanish Language Translation; Providing For Approval By The Majority Of Electors Voting On The November 3, 2020 General Municipal Election Ballot: Providing For A Notice Of An Advertisement Of The Referendum Election To Be Published In Accordance With The State Of Florida Election Code; Providing That Upon Adoption Of This Ordinance The Five (5) Proposed Charter Amendments Shall Be Submitted To The Qualified Electors Of The City Of Belleair Beach, Florida, On The November 3, 2020 General Municipal Election Ballot And Shall Become Effective As Provided By Law; Providing For The City Clerk To Conform And Codify The Charter Amendments To The Charter If Approved; Providing For Repeal Of Ordinances In Conflict Herewith; Providing For Severability; Providing An Effective Date; And Providing For An Effective Date(s) Of Proposed Charter Amendment(s). (First Reading)

• Proposed charter amendments for November 2020 election ballot

Mayor Manzo read Ord inance 20-02 by Title only.

MOTION was made by Councilmember Behm and seconded by Councilmember Gattis for Ordinance 20-02.

Following Council discussion City Attorney Reilly will revise the Title of Ordinance 20-02 for the Second Reading at the July 20, 2020 Special City Council Meeting.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

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18. Consideration of Resolution 2020-07, A Resolution Of The City Council Of The City Of Belleair Beach, Florida, Establishing An Amended Residential Rental Registration Fee Pursuant To Ordinance 11-05; And Establishing An Effective Date.

• Rental property registration rate increase

Mayor Manzo read Resolution 2020-07 by Title only.

MOTION was made by Councilmember Behm and seconded by Council member Shirley for Resolution 2020-07.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

19. Consideration of Resolution 2020-08, A Resolution Of The City Council Of The City Of Belleair Beach, Florida, Amending Parking Pay Station Hourly Rates At Bayside Park, The Community Center City Hall, The City Marina, And Morgan Drive Park; And Establishing An Effective Date.

• Hourly parking rate increase

Mayor Manzo read Resolution 2020-08 by Title only.

MOTION was made by Councilmember Shirley and seconded by Councilmember Behm for Resolution 2020-08.

City Manager Rives will check with Pinellas County to see if the proximity and linear feet to the sand required for parking spaces for beach nourishment had changed and whether the Marina parking lot could be reconsidered.

City Council gave City Manager Rives authorization to set a maximum three-hour cap on the hours that can be paid at one time and advise City Council of the cap that had been set.

Mayor Manzo called the question.

Vice Mayor Gunn asked what the new rates were going to be.

City Manager Rives restated the new rates.

Mayor Manzo called the question again.

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Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

20. Consideration of Releasing and Removing lune VanScoyoc from the Park and Recreation Board. (Councilmember Swope)

• City Council to vote for removal of lune VanScoyoc

MOTION was made by Councilmember Swope and seconded by Councilmember Gattis for consideration of releasing and removing June VanScoyoc from the Park and Recreation Board.

Councilmember Swope stated, in part: • Request that City Council vote to remove Ms. VanScoyoc due to

actions taken that do not represent the City in a manner which is expected from a member of the City's advisory boards or committees

• Ms. VanScoyoc has consistently represented herself as the assistant to the Mayor, of which Belleair Beach has no such position

• Ms. VanScoyoc has taken on roles that are not part of the Park and Recreation Board responsibilities

• These actions since September 2019 continue to escalate • Ms. VanScoyoc, stated she was speaking as a citizen on her own

behalf, and identifying herself as the Belleair Beach Park and Recreation Board Chairperson and as the life partner of the Mayor of Belleair Beach, called in to the June 16, 2020 Belleair Shore Commission Meeting to read a statement she had faxed regarding Belleair Shore Town Clerk Barbara Colucci being " permitted to sour the excellent relationship between the Mayors and the cities"

• That this is not about the Park and Recreation Advisory Board's work and accomplishments, it is about Ms. VanScoyoc representing herself as someone in the position of authority with the City

Discussion and comments included, in part: • Ms. VanScoyoc was commended for spearheading events for the

City • Ms. VanScoyoc has come up with fantastic ideas for the Board • Ms. VanScoyoc has taken initiative working with the Board • A good performance in one area does not necessarily translate

to other areas

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• Ms. VanScoyoc should not represent herself as Assistant to the Mayor

• These issues that are being addressed continue to be a constant source of distraction for Council

• The biggest problem is the misrepresentation by Ms. VanScoyoc as the Mayor's Assistant when dealing with other municipalities and public officials who believe she is speaking on behalf of the City or representing the City - this is from feedback received from other municipal agencies and has been a source of confusion - it's wrong and it needs to end

Mayor Manzo began reviewing his comments, Councilmember Swope called Point of Order:

Mayor Manzo: Rita Swope on the day of my inauguration told the judge that I violated the Sunshine Law.

Councilmember Swope: Point of Order.

Mayor Manzo: No Point of Order - this is a fact.

Councilmember Swope: This is not about me, we need to go back to the Agenda, it's about removing Ms. VanScoyoc from the ...

Mayor Manzo: ... and I'm talking right now.

Councilmember Swope: But Rita Swope has nothing to do with it.

Mayor Manzo: Yes, it does, I'm talking about the Sunshine, this is not debatable, I don't find it well founded. If the Council wants to appeal it, I'll go through an appeal.

Mayor Manzo repeated his statement regarding the Sunshine Law violation.

Councilmember Swope: That is not true . I never spoke to that judge.

Mayor Manzo: You're Out of Order. Do not interrupt me, I did not interrupt you.

Councilmember Swope: You're accusing me of something I didn't do.

Mayor Manzo: Judge Moore, the circuit court judge in Pinellas County came to June and I afterwards and said - what's with your Councilmember, she made a Sunsh ...

Councilmember Swope: I ...

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Mayor Manzo: I'm going to ask you one more time to stop interrupting me, this is the third time.

Mayor Manzo to City Attorney Reilly: Mr. Reilly - one more time it triggers the removal - you understand, right - we talked about this, I've given her three warnings.

Vice Mayor Gunn: I'd like to Cal l the Question. I would like to Call the Question.

Mayor Manzo: You have no right to interrupt, you cannot Call the Question, you're not allowed to interrupt. Please learn Robert's Rules of Order, Mr. Gunn. You're Out of Order also . You can't Call a Question, you cannot interrupt. I'll stop the meeting and I'll research it with the City Attorney. I've listened to everyone else.

Councilmember Gattis: Mayor, I'd like to call Point of Order, just for a second, just so you can calm down and lower your voice, just relax and take some breaths.

Mayor Manzo: Thank you, ok.

Conversation continued regarding points of Calling the Question.

City Attorney Reilly: Mayor, may I suggest that you continue making the points that you're making, it's already 10 minutes until 11:00pm and you still have quite a few things to cover. I wanted to make a couple comments because there's a few legal issues that. ..

Mayor Manzo: I haven't gotten to that yet. I keep getting interrupted, I'm going to get to that. Let's just get to Calling the Question.

Mayor Manzo began reading information regarding 'end debate and amendments and move the previous question', then stopped and asked if anyone wanted to read this - there was no response from Council. He asked if anyone wanted to appeal his decision.

Seeing no response from Council, Calling the Question ended.

Mayor Manzo resumed his comments regarding the Sunshine Law, public records requests, and public officials. He then addressed Ms. VanScoyoc's letter and call to the Town of Belleair Shore Commission Meeting:

• When June VanScoyoc goes across the street and speaks in any capacity to the Town of Belleair Shore she's doing it as a private citizen as she stated in her letter

• Ms. VanScoyoc spoke about the relationship between the two cities as a concerned citizen in a specific category under the

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First Amendment of the Constitution of the United States of America, and the Constitution of the State of Florida

• I will not support this motion, and I will tell you why I will not support this motion

Mayor Manzo directed City Clerk Gentry to enter his comments into the record.

Mayor Manzo: 42 U.S. Code 1983. Civil action for the deprivation of rights, now I'm not going to read the whole thing, I'm just going to read the operative piece. Every person who, under color of statute, ordinance, regulation, custom, or usage, of any State Territory or the District of Columbia, subjects, or cause, causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. Councilwoman Swope has got the City into a Section 1983 lawsuit if June VanScoyoc wishes to push it. The reasons given, and I'm glad that these are being recorded, are that she, this is not conduct in keeping with our City, that she exceeded her boundaries that are not delineated in any paperwork or any rules. She, again, like I said earlier, I didn't check my First Amendment rights at the door, neither did she when she became Parks Chairman. So, you're being basically harassed and removed in retaliation because as everyone knows, Rita Swope is friends with Barbara Colucci. And that's fine, but it's not fine when it comes to the law. Our City Charter is of no matter when it says you can remove people for any reason because this is an illegal reason. It's as bad as removing a person for race, color, or creed. It is illegal. And it goes one step further why I won't support it -we swore an oath that night that Judge Moore came here. And I told Judge Moore that I solemnly swear that, and I affirmed that I will support, honor, protect, and defend the Constitution of the United States. By doing this you have violated your oath of office and you are subject to recall and removal. I will not support this. I reject all argument that there's any validity whatsoever. If you want her not to refer to herself as the Assistant to Mayor perhaps you can give me an Assistant, or maybe she'll just not call herself that. I think that's a reasonable compromise. I urge this Council to run, not walk away from this because you're making bad evidence and there's three cameras back there. That will stop it, Patti."

Councilmember Ache added additional comments to her original statement.

Councilmember Gattis began to address Councilmember Ache regarding her additional comments.

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Mayor Manzo called Point of Order for Counci lmember Gattis to address his comments to the Council as a whole.

Comments from Councilmembers: • This seems to be a personal issue, and Ms. VanScoyoc should

continue to plan events on the Park and Recreation Board • This has nothing to do with a personal issue - there are actions

that have not been appropriate and don't reflect well on the City - nothing to do with the Sunshine Law, there has just been too much conflict since the last election

Vice Mayor Gunn read the portion of Section 6.0l(a) Boards and Committees of the City Code - A member of any board or committee may be removed, for any reason, by a majority vote of the council. He stated that this is a section that has been cited on numerous occasions by the Mayor when Board or Committee members have been elected. He stated that this issue has become so divisive and Called the Question.

Councilmember Shirley and Councilmember Gattis seconded the MOTION.

Mayor Manzo: We haven't heard from the public or the accused .

City Attorney Reilly: You're making this too complicated, and the Public needs to speak before the vote.

Discussion between City Council and City Attorney followed .

City Attorney Reilly: I encourage Vice Mayor Gunn to withdraw his Motion, and continue Council and Public comments before the vote.

Vice Mayor Gunn: I will take the advice of the City Attorney and withdraw my Motion at this time.

Council Comments resumed:

Councilmember Ache: I wanted to know why he personally attacked me.

Councilmember Shirley: Point of Order. Let's move on please .

Mayor Manzo: I'm going to find that well founded - we can get into that later, we can't have that.

Citizens Comments included, in part: • As a co-committee member and friend, Ms. VanScoyoc does not

discuss Board business • Ms. VanScoyoc has done a good job on the Board

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• Opinions have been stated that this is a personal issue; this is not a personal issue but based on non-board related actions

• There has been misuse of a title and position with the City that does not exist

• We need to get to the business of the City in the best interest of the Residents

• That as a public official Ms. VanScoyoc is subject to criticism by all citizens who should be free to express their opinion without fear of reprisal and lawsuits by that public official - so the possibility of a lawsuit by Ms. VanScoyoc is nonexistent

Mayor Manzo: I will rebut that later. I'm going to make a MOTION to dispense with the rules, this is the accused, she's listened to a half hour of our discussion, she should not be limited to three minutes to respond, she's not a regular Citizen, she's the accused. We would be doing her a grave injustice if we didn't let her speak her piece fully without time limitation, within reason.

Seeing no objection from Council, Ms. VanScoyoc came forward.

Ms. VanScoyoc's comments to Council included, in part: • Her accomplishments and the benefit to the City from her role

as the Park and Recreation Board Chair, all at no cost to the City ► The Festival by the Sea ► Halloween Trunk or Treat ► The Children's Holiday Party

• Everything she has done for the City has eclipsed anything that some Councilmembers have done in one year

• There is uneven enforcement of rules regarding Councilmember Swope's on-street parking, and City-event and garage-sale parking

• Councilmember Swope has not helped to unify the City • The Board events bring positive press to this City and she has

done an excellent job as Chair of the Board • It is absurd that she has to defend herself to Council on

something that has nothing to do with her position • The City is simply unbelievable and unacceptable, and this is

against her First Amendment rights of freedom of speech • She never portrayed herself as a representative of the City to

Belleair Shore

Council Comments included, in part : • That Ms. VanScoyoc has done nothing wrong with the Park and

Recreation Board • Mayor Manzo reread the section of 42 U.S. Code 1983, and

spoke regarding First Amendment lawsuits, parking on City streets, selective code enforcement, and making up Sunshine rules

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Councilmember Gattis objected to the reference to making up Sunshine rules.

Mayor Manzo: Dave Gattis, you absolutely said Sunshine, I have it in my notes.

Councilmember Shirley: Point of Order, Point of Order, we need to Call the Question and move on.

Mayor Manzo: You can't interrupt me for a Point of Order to Call the Question. You can wait until I'm finished and then you can call it.

Councilmember Shirley: Well, Point of Order, we don't need to attack people.

Mayor Manzo: I'm not attacking him, I'm explaining where he was wrong in his statement, so not well founded.

Councilmember Gattis: You misunderstood what I said.

Mayor Manzo: Again, it's not debatable, I have the floor, you can rebut it.

Mayor Manzo completed his comments.

Mayor Manzo: You vote for this at your own peri l. I have given you the rule, I have given you the law. Your City Attorney should be giving you this. He should stop this right now and warn you just the way I'm warning you. You're trampling her personal rights. You're trampling it over a personal friendship by one Councilmember who quite frankly hasn't supported a thing that June VanScoyoc and the Parks Board has done. I'll be voting 'no'. I suggest that each of you vote 'no' and if you don't, then let the chips fall where they may. Ms. VanScoyoc is recording this, I'm sure she knows what to do with it. And, Victor, please, this is subject to very, very important future usage, make sure those tapes that you have are preserved.

Discussion between Counci l and City Attorney Reilly followed.

MOTION was made by Vice Mayor Gunn and seconded by Councilmember Gattis to Cal l the Question, end the debate, and go to a vote.

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Vote to stop the debate.

Councilmember Behm Yes Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo No

Motion passed 6-1.

MOTION to Vote for Releasing and Removing June VanScoyoc from the Park and Recreation Board.

Councilmember Behm Nay Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache No Vice Mayor Gunn Aye Mayor Manzo No

Motion passed 4-3.

21. (now 21a) Consideration of Emergency Resolution 2020-10, An Emergency Resolution Of The City Council Of The City Of Belleair Beach, Florida, Providing For Local Government Public Meetings; Providing For Findings; Providing For Local Government Public Meetings To Be Held Using Technology Platforms; Providing For Severability; Providing For Applicability And Conflicts; Providing For An Effective Date; Providing For A Sunset Date; And Providing For Codification. (Mayor Manzo)

• For all City meetings to be held virtually

Mayor Manzo read Emergency Resolution 2020-10 by Title only.

MOTION was made by Councilmember Gattis and seconded by Councilmember Behm for Emergency Resolution 2020-10 .

Councilmember Gattis distributed handouts of research he had done.

City Manager Rives will meet with Councilmember Gattis to discuss.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye

17

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City Council Meeting

Councilmember Ache Vice Mayor Gunn Mayor Manzo

Motion passed 7-0.

Aye Aye Aye

Monday, July 6, 2020

22. Consideration of Resolution 2020-11, A Resolution Of The City Council Of The City Of Belleair Beach, Florida, Relating To Section 86-65 (Political Signs), Code Of Ordinances; Providing For Findings; Providing For The Temporary Suspension Of Enforcement Of Section 86-65, Code Of Ordinances; Providing For Severability; Providing For Applicability And Conflicts; Providing For An Effective Date; Providing For A Sunset Date; And Providing For Codification. (Mayor Manzo)

• To temporarily suspend political sign enforcement for further consideration

Mayor Manzo read Resolution 2020-11 by Title only.

MOTION was made by Councilmember Gattis and seconded by Councilmember Ache for Resolution 2020-11.

City Manager Rives advised that this Agenda Item was generated by Citizen complaints.

City Council and City Attorney discussion followed.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

23. Authorization to Enter into an Agreement with Duke Energy for Undergrounding of the Utilities along 22nd Street between Bayshore Drive and Gulf Boulevard.

• Funding paid by Residents of the BEi project area

MOTION was made by Councilmember Gattis and seconded by Councilmember Behm for City Manager Rives to Enter into an Agreement with Duke Energy for Undergrounding of the Utilities along 22nd Street between Bayshore Drive and Gulf Boulevard.

18

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City Council Meeting Monday, July 6, 2020

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

24. Authorize City Manager to Execute a Purchase Order for Asphalt Overlay and Patching Services.

• Milling and replacement of asphalt on Louisa, Donato, and Aleta Drives and 22nd Street

MOTION was made by Councilmember Behm and seconded by Councilmember Gattis to Authorize the City Manager to Execute a Purchase Order for Asphalt Overlay and Patching Services.

Councilmember Behm Aye Councilmember Gattis Aye Counci lmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

25. Authorize the City Manager to Execute an Extension of the Code Enforcement Special Master Memorandum of Understanding.

• Two-year extension of MOU with Attorney Susan More

MOTION was made by Councilmember Shirley and seconded by Councilmember Swope to Authorize the City Manager to Execute an Extension of the Code Enforcement Special Master Memorandum of Understanding.

Mayor Manzo stated that for various reasons, he was not impressed with Ms. More at the hearing he had seen her preside over.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo No

Motion passed 6-1. 19

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City Council Meeting Monday, July 6, 2020

26. Consideration of Selecting Councilmembers as Voting Delegate, Alternate Voting Delegate 1, and Alternate Voting Delegate 2, for the Barrier Islands Governmental Council {BIG C).

• Nominate and elect voting delegates

MOTION was made by Councilmember Shirley and seconded by Councilmember Ache to nominate and elect Mayor Manzo as Voting Delegate and Councilmember Behm as Alternate Voting Delegate 1.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

27. Consideration of Selecting Councilmembers as Voting Delegate and Alternate Voting Delegate for the Florida League of Cities.

• Nominate and elect voting delegates

MOTION was made by Councilmember Shirley and seconded by Councilmember Ache to nominate and elect Mayor Manzo as Voting Delegate and Councilmember Behm as Alternate Voting Delegate .

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

28. Consideration of Selecting Councilmembers as Voting Director and Alternate Voting Director for the Suncoast League of Cities.

• Nominate and elect voting directors

MOTION was made by Councilmember Ache and seconded by Councilmember Behm to nominate and elect Mayor Manzo as Voting Director and Councilmember Behm as Alternate Voting Director.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye

20

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City Council Meeting

Councilmember Ache Vice Mayor Gunn Mayor Manzo

Motion passed 7-0.

Aye Aye Aye

Monday, July 6, 2020

29. Consideration of Designating the Voting Delegate for the 94th FLC Annual Conference - Business Meetings.

• Conference is for Business Meetings only - Delegate may choose Remote Access or in-person - all voting will be electronic

MOTION was made by Councilmember Ache and seconded by Councilmember Behm to designate Mayor Manzo as the Voting Delegate for the 94th FLC Annual Conference - Business Meetings.

Councilmember Behm Aye Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

30. Unfinished Business. a. Seawalls and docks

City Manager Rives advised that research is still being done, with the possibility of having a committee in the Fall.

b. Beach accesses • Belleair Shore Ordinance and beach access usage

(Moved - Immediately precedes Item 15)

c. Virtual Meetings

Virtual meetings were covered under Resolution 2020-10 .

31. City Attorney.

City Attorney Reilly had no further comments .

32. City Manager.

Comments from City Manager Rives included : • The proposed budget was distributed to City Council

21

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City Council Meeting Monday, July 6, 2020

• Please return the project priorities ranking spreadsheet by the end of the week

• The Penny IV funding for Gulf Boulevard Undergrounding of Utilities in 2021 is projected to be $240,000.00, and four years of $676,000.00. City Manager Rives to discuss the Belleair Shore portion with them

• Pinellas County will charge the City to do the billing for the Stormwater fee

33. City Clerk.

City Clerk Gentry had no further comments.

34. City Council Comments.

Councilmember Swope had no further comments.

Councilmember Shirley had no further comments. Councilmember Gattis had no further comments.

Mayor Manzo received an offer to join the Pinellas County Library Cooperative - declined by City Council. He reminded everyone to complete the Census.

Councilmember Behm had no further comments.

Councilmember Ache had no further comments.

Vice Mayor Gunn stated that he is totally on board with the virtual meetings.

ADJOURN

MOTION was made by Councilmember Swope and duly seconded to adjourn at 1:08am.

Passed 7-0.

Date Approved APPROVED : ________ _

Joseph A. Manzo, Mayor

ATTEST: ______________ _ Patricia A. Gentry, City Clerk

22

Page 41: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

CITY COUNCIL BUDGET WORKSHOP VIRTUAL MEETING

CITY OF BELLEAIR BEACH July 13, 2020

6:00 PM

PUBLIC MEETING MINUTES

The meeting was called to order by Mayor Joseph A. Manzo, followed by a Pledge of Allegiance to the Flag of the United States of America .

Roll Call: Present were Councilmembers Robyn Ache, Marv Behm, Dave Gattis, and Rita Swope; Mayor Joseph A. Manzo, City Manager Lynn Rives, and City Clerk Patricia Gentry. Vice Mayor Glenn Gunn joined the meeting at 6: 11pm. Councilmember Jody Shirley was unable to attend.

1. Discussion and review of FY 2020/2021 Budget.

City Manager Rives reviewed: • Page 7 of the Agenda Packet is the Budget Calendar • July 20, 2020 is the Special City Council Meeting to adopt the

tentative millage rate and send to the PCPAO for the TRIM notice

• September 9, 2020 is the First Public Budget Hearing • September 21, 2020 is the Final Public Budget Hearing to adopt

the budget and the final millage rate • Page 8 is a summary of the proposed budget using a millage

rate of 2.0394 for $1,164,305.00 of ad valorem taxes • The new Stormwater Fund will be a designated Enterprise Fund • The Operating Budget is $1,442,118.00 and Capital Projects is

$892,315.00 • Page 10 - property values went up by 4.95% to

$594,694,094.00 • The City receives approximately 13% of the total ad valorem

taxes a property owner pays to the County • The COVID-19 Pandemic may have an effect on some revenue

the City receives from franchise fees and taxes • The projected inter-fund transfer from reserves is $266,040 - a

significant drop - the majority will be in the Stormwater Fund for Capital Projects

• The increase in the City Clerk budget is the cost of the two Elections - the referendum for the Charter revisions in November, and the City Council Election in March

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CITY COUNCIL BUDGET WORKSHOP VIRTUAL MEETING

July 13, 2020 6:00 PM

• The Finance department has a 3% increase in their contract • A recommendation of a 3% pay increase for employees • Code enforcement with the PCSO would go up 2.6%. However -

there are concerns, and consideration of bringing code enforcement partially back in-house, a topic for further discussion by Council

• $58,000.00 in Public Works is part of the Stormwater Fee and will be transferred there

• The budget has been streamlined to make it more easily readable, and has the detail included in the backup

• Page 29 is General Fund Projects for next year, which are mostly savings plans

• $70,000.00 is budgeted for dune walkovers for the Beach Accesses at 21st Street, 25th Street, Howard Drive, and Harrison Avenue. The County is also contributing $50,000.00 to the City through a Grant

• Computer IT - iPads for City Council have been budgeted for meeting notices, agendas, etc

• There are savings plans for the ATV, the tractor, the Community Improvement truck, and the large utility truck

• There is a new line item for security cameras • Page 42 is the budget summary for the Capital Projects Fund • Page 45 is the Capital Projects Fund Expenditures for

improvements/repairs/replacements, and the Capital Expenditure of the Community Center debt service

• Page 46 is the Capital Improvement Program and Plan Projects, with Savings Plans detail backup pages

► Roof replacement for Community Center ► Replace HVAC ► Digital sign at City Hall ► Community Center generator ► Bayside Park Master Plan ► Tennis Court Improvements ► 7th Street boat ramp replacement ► Morgan Park improvements ► Street resurfacing ► 22nd Street bridge repairs ► 22nd Street bridge replacement ► Harrison Avenue bridge repairs ► Harrison Avenue bridge replacement ► Bridge lighting replacement ► City streetlighting program ► Replace City seawalls

2

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CITY COUNCIL BUDGET WORKSHOP VIRTUAL MEETING

July 13, 2020 6:00 PM

• There is currently a savings plan for the 22nd Street bridge and City Manager Rives will research the projected total repair cost for the bridge

• Harrison Avenue and Belle Isle Avenue seawalls have been repaired - the savings plan is for the seawa lls in the parks

• Streetlighting - part is for the Causeway Bridge lighting, and gradual replacement throughout the City of the wooden poles with concrete poles

• City Manager Rives will double-check for missing ground behind the seawalls at 16th Street - CSA Riefler may have already repaired them

• Page 66 Marina Fund - parking revenue has doubled in the last two months since the beach reopened after the COVID-19 Pandemic closure. There is usually a transfer of $40,000.00 -$45,000.00 to the General Fund each year from Slip renta l revenue

• Page 71 is the new Stormwater Fund budget summary ► The County's subcontractors wi ll charge a program

development fee of $23,000.00 ► The assessment is estimated to be $175,000.00

beginning October 1 • City Council is to return their CIP priority spreadsheets back to

City Manager Rives so that he may calculate the averages and return to Council

• Street paving priority rankings are going to be based on the Pavement Condition Index Study done by CSA Riefler, excluding the Stormwater Project areas

• City Attorney Reilly's fees went up significantly this budget year due to public records requests - Council needs to review for cost containment because if it continues this would significantly impact the budget in the long term

• The City will be using Forward Pinellas in 2021 for the Planning Document due in 2021

• City Manager Rives gave an overview of the Vendor contracts • There is a new reader-friendly Budget-in-Brief document in

development, that can also be viewed by the Residents, showing:

► Revenues ► Expenses ► How much of their taxes are actually paid to the City

• A $25,000.00 Grant request has been submitted to the Florida Department of Law Enforcement Coronavirus Emergency Supplemental Funding for response to the coronavirus - the $25,000.00 had been allocated for the City of Belleair Beach . Pinellas County also has a grant opportunity

3

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CITY COUNCIL BUDGET WORKSHOP VIRTUAL MEETING

July 13, 2020 6:00 PM

Councilmember Gattis, Vice Mayor Gunn, and Mayor Manzo stated good job on the budget, and good presentation.

ADJOURN

MOTION was made by Councilmember Behm and seconded by Councilmember Gattis to adjourn at 7:03pm .

Motion passed 7-0.

Date Approved APPROVED: _________ _

Joseph A. Manzo, Mayor

ATTEST: _____________ _ Patricia A. Gentry, City Clerk

4

Page 45: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

CITY COUNCIL BUDGET WORKSHOP VIRTUAL MEETING

CITY OF BELLEAIR BEACH July 20, 2020

6:00 PM

PUBLIC MEETING MINUTES

The meeting was called to order by Mayor Joseph A. Manzo, followed by a Pledge of Allegiance to the Flag of the United States of America.

Roll Call: Present were Councilmembers Robyn Ache, Marv Behm, Dave Gattis, Jody Shirley, and Rita Swope; Vice Mayor Glenn Gunn, Mayor Joseph A. Manzo, City Manager Lynn Rives, and City Clerk Patricia Gentry.

The meeting started at 6: 38pm due to technical difficulties .

1. Discussion and review of FY 2020/2021 Budget.

City Manager Rives advised that this is a recap of the July 13, 2020 Budget Workshop for comments and adjustments to the budget.

Councilmember Behm requested items to add to the budget: • HVAC vents in the mechanical corral to prevent overheating • Security system around the Community Center • Gate at the south end of Bayside Park • An additional Public Works employee

Comments included, in part: • The Trane estimate to structurally modify the wall of the

mechanical corral and install the four ventilation louvers is $23,000.00

• The savings account for the security cameras is at $20,000 • There is a chain gate at Bayside Park now which was utilized

when the Park was closed to the public • What is the cost benefit to install ventilation at this time for a

unit that is in the middle of its life

City Manager Rives will contact a mechanica l engineer for an opinion.

Beach Accesses: City Manager Rives is meeting with Belleair Shore Mayor Schmidt to discuss their new beach ordinance. It can be determined if additional funds will be needed to address options for the beach accesses after the discussion.

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CITY COUNCIL BUDGET WORKSHOP VIRTUAL MEETING

July 20, 2020 6:00 PM

Cost Containment of City Attorney Fees: • The invoice for June 2020 was $6,500.00 and will be higher

in July due to the seven-hour City Council Meeting • The $35,000.00 annual budget for the City Attorney has

been expended, as of June, for consultations on public records requests, and for the Charter Review

• Discussion and strategies need to be discussed amongst City Council before the City Attorney is tasked with an actionable item - when strategies are set without discussion and consensus of Council and then presented to Council, any changes result in additional work effort and legal costs

• To control City Attorney costs, City Council communications should go through the City Manager to the City Attorney, unless it is a dire circumstance

• Mayor Manzo counsels with the City Attorney as Mayor. He wrote the City Attorney's contract with the parameters that he can counsel with the City Attorney, and City Council approved it

• The proposal that any and all discussions with the City Attorney should either be in the Council Chamber with all Councilmembers present, or be filtered through the City Manager to take the lead - this also keeps the City Manager in the loop

• An hourly rate appeared attractive with the City Attorney Applicants - that may not always be cost-effective if they are not well -versed in beach community issues, or on a topic that requires research for an issue outside of their scope

• It may be beneficial to go directly to a specialist on complicated issues, it may cost less in the long run

• The question of an annual review of the City Attorney, and possibly interviewing other attorneys

• A work session to discuss contracts

Code Enforcement and Public Works - City Manager Rives : • Use the funds budgeted for the current out-sourced code

enforcement for a combination of an in-house code enforcement person and a public works person

• Public Works has a new shift of Sunday through Thursday for better coverage

• Leave funds in the budget as is and redistribute as needed • Laura Mataluni for code enforcement in the City each

morning before City Hall opens and some weekend days

2

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CITY COUNCIL BUDGET WORKSHOP VIRTUAL MEETING

July 20, 2020 6:00 PM

• Additional training with the Public Works Staff to look for code issues - this would add more people looking at code issues and at additional times with the new shift in Public Works

• A possible part-time person for trash and to be in the City on weekends

• There has been a trial period with the PCSO for code enforcement - now can try a trial period with in-house code enforcement with the addition of Public Works also looking for issues

Law Enforcement: City Manager Rives advised that he had spoken with Captain Leiner regarding expectations for beach access enforcement, community engagement by the Deputies, and continuity of the Deputies assigned for each shift. He will speak with the City of Clearwater again for possible law enforcement.

Possible changes to the budget - City Manager Rives: • Clarify the Code Enforcement budget • Funding for a mechanical engineer opinion • A placeholder of $10,000.00 for security screener • This will increase the amount needed from reserves to

approximately $280,000.00

City Marina: • Consideration of increasing the Marina monthly slip rental

rate or charge a monthly utility fee to offset costs

City Manager Rives will have a rate comparison for the August work session .

ADJOURN

MOTION was made by Councilmember Behm and seconded by Councilmember Shirley to adjourn at 7 : 57pm.

Motion passed 7-0.

Date Approved APPROVED : _________ _

Joseph A. Manzo, Mayor

ATTEST: ______________ _ Patricia A. Gentry, City Clerk

3

Page 48: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

Special City Council Meeting Virtual Meeting

PUBLIC MEETING MINUTES

Monday, July 20, 2020 Immediately following 6:00pm Budget Workshop

The meeting was called to order by Mayor Joseph A. Manzo, followed by a Pledge of Allegiance to the Flag of the United States of America.

Roll Call: Present were Councilmembers Robyn Ache, Marv Behm, Dave Gattis, Jody Shirley, and Rita Swope; Vice Mayor Glenn Gunn, Mayor Joseph A. Manzo, City Manager Lynn Rives, and City Clerk Patricia Gentry.

1. Consideration of setting the Tentative Millage Rate for FY 2020-2021.

City Manager Rives stated that Staff's recommendation is to set the tentative millage rate at the current rate of 2.0394%. This is not the final millage rate, but by setting it at this rate, the final rate cannot be set higher. It has been at this rate for the last 6-7 years. This is an increase of 4.28% of the rollback rate, generating approximately $59,000.00 in revenue due to the increase in property values.

MOTION was made by Councilmember Gattis and seconded by Councilmember Behm to set the Tentative Millage Rate for FY 2020-2021 at 2.0394%.

Council comments, in part:

Councilmember Swope: I agree with City Manager Rives.

Councilmember Shirley: I feel strongly that I like the idea of a rollback, keep everyone's taxes where they are and find the $50,000.000 somewhere in the budget.

Mayor Manzo: I agree, I ran on no new taxes, I know it's difficult, I know that law enforcement and trash go up every year, we did a good job at cost containment last year, but I'm in favor of keeping it at the rollback. I will vote for the cap tonight, but that doesn't mean I will support passing it at final passage, I didn't vote for it last year. I think we need to be very vigilant about coming up with new sources of revenue.

Councilmember Behm: Staff did a good job saving money last year by being very diligent. The State's loss of revenue this year may affect us and by staying where we're at we just might break even at the end of the year.

Page 49: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

Special City Council Meeting Virtual Meeting

Monday, July 20, 2020 Immediately following 6:00pm Budget Workshop

Councilmember Gattis: I agree with City Manager Rives' recommendation. We haven't seen yet what effect COVID-19 will have on us past, present, and future, and we're better off keeping it as is until next year. It's too risky at this time and the last thing we can afford is to be in a position where we are not able to run the City in the proper manner. I think we should trust City Manager Rives.

Councilmember Gattis Aye Councilmember Shirley Aye Councilmember Swope Aye Councilmember Ache Aye Councilmember Behm Aye Vice Mayor Gunn Aye Mayor Manzo Aye

Motion passed 7-0.

2. Authorize City Manager to Execute an Agreement for Stormwater Rate Category Development through Pinellas County Utilities and Budget Amendment Approval.

• Approve Agreement with Pinellas County

MOTION was made by Councilmember Behm and Councilmember Gattis to Authorize the City Manager Agreement for Stormwater Rate Category Development County Utilities and Budget Amendment Approva l.

City Manager Rives advised:

seconded by to Execute an

through Pinellas

• This is the Pinellas County vendor who will collect the fees • Through negotiations with Pinellas County he was able to reduce the

fee from $23,625.00 to $16,625.00 • This is a one-time fee

Councilmember Shirley Aye Councilmember Swope Aye Counci lmember Ache Aye Councilmember Behm Aye Councilmember Gattis Aye Vice Mayor Gunn Aye Mayor Manzo Aye

City Manager Rives thanked Mayor and Counci l for their support through the budget process. He also thanked Community Services Administrator Kyle Riefler, Executive Assistant Laura Mataluni, City Clerk Patti Gentry, and Finance - Andy Tess and Heather Guadagnoli .

2

Page 50: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

Special City Council Meeting Virtual Meeting

Monday, July 20, 2020 Immediately following 6:00pm Budget Workshop

Mayor Manzo gave kudos to everyone involved with the budget.

Motion passed 7-0.

ADJOURN

MOTION was made by Councilmember Swope and seconded by Councilmember Behm to adjourn at 8: lSpm.

Motion passed 7-0.

Date Approved APPROVED : _________ _

Joseph A. Manzo, Mayor

ATTEST: ______________ _ Patricia A. Gentry, City Clerk

3

Page 51: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

APPLICATION

FOR

APPOINTMENT

TO

CITY BOARDS

Board of Adjustment

Park and Recreation Board

Planning and Zoning Board

leas& Note: ny informa io., giv ~non t is pplic:ati :;i• s bj ' to the u lie R c rd Law Fl id

Name:

Address:

Email: j Agh) s; a e9mA1 I. Co~;

Home Phone: 7:J 7 ~ t/ ri I ·-a,3.3.

Cell Phone: 7a7- 1/.J/- 003 ""3, vo·er

City/State: R. gis;t $lt io . 1 /

Belleair Beach, FL 33786 Oat : Jo/lift) 5 -(Jr1:;1 "41/

Educational Background:

Experience:

T. h¥:t,,e ✓ 3D-t' 1-e..i,.q(S exr-e-C1.f.ioc'/ 1$ A: 6ealW11£'e. €j:!L1J\We.. ,.., n -roles te~,n:, :G:ol'\ c onspJ~ ::t:o C, F:.O.. -r re l>o--'0-.+J,i , l..:zb<e J , n 1 .. \ov ~ m c .4:n c/ .

A-v,,,. I oo "k,;~ -G.ir1,JAC~ $1 ·w erk I.:, 1'1~. :h._v11,,,y >1'(i ~ bbu c< fu ... . A ·--i I:> .Q,.(' ~

C \'>f"~ "~ Se- \/Q_,f\r.7-\ k?Ok1-rd.s ~tPl-h~r wor It:., "l~ N-n~-f,P-';,..1i . Why would you like to be considered as a candidate for service on this Board?

fV\'i b'-'-b k-A v:id 'o V\ l1 'A .-1- d, I k>¥t ve . tn.1 r c\ \ a f?e-1 j lff1 r ~-e. ½(' -l1 ·hc ...}he pas± 3 '/i'je.¥JCS iAv1d love, ·-H'\:L., .

. T \.-J i,.. v ~ Ai - r at W l A co~v...v~)'i-1 4--C t_.o.-i,+I v'\. ...... Q_ ~ V\11 *k-L \ "'-' C\~- t>e.s+ f / ,t:N;,,,(!_ I l Ve,; ~ Al I . u

Please attach a resume if available. Date submitted: , .:t, / i:, / ' ' I

Page 52: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

Would you consider serving on another Board or Committee other than the one you selected above? + YES ___ NO

Other Board(s) / Committee(s) in which you would be interested:

~\ 1/hin.i v:i,~ +- 2-,oh IV))

What Board or Committees do :,,pu currently serve: } _ 1 -;r'½-£,+ te ¼:~ te J , rtwe, ~l (Rd< ~bl Jn L2' ¥H-kl '-d 19-11~

?ffJe,.cJ ol"'7 A-0~ 14,,-,cl_ ff LJ~ k,or'l-1.J.l: T I have been a rltsidertt of the City ofBelleair Beach for .~ 1/4--: years.

I am a qualified voter of the City of Belleair Beach. Voter registration date 6.Lr Ce IL-:1 { t)1.0 / I '7

SIGNATURE,_~-+-~~ ....... ~--~------------

NOTE: Application is effective for ONE YEAR from date of submission.

If you have any questions, please call the City Clerk, Patricia A. Gentry, at 727.595.4646 ext 124.

CITY BOARDS/ COMMITTEES

Applicants must be residents and qualified voters of the City of Belleair Beach. The City C1erk maintains a file of candidate applications. Appointments are made by City Council when an opening is available. Applications are available in the City Clerk's Office.

• Toe Board of .Adjusbnent-'

• The City Planriing BMJ:d*

• The Park and Rscreation Board

*Requires filing a financial disclosure form with the Supervisor of Elections within thirty (30) days of appointment

Please Note: Information is subject to the Public Records Law of Florida.

Page 53: Monday, August3,2020 City of Belleair Beach, Florida ... · Upcoming Meetings and Events as of July 30, 2020 Communication Advisory Committee Meeting Virtual Meeting Wednesday, July

APPLICATION

FOR

APPOINTMENT

TO

CITY BOARDS ~ ·ase No'·e: A y h"'l",u• ...... "' ···ion . ve ~ o ·· is f.!r,>pii«::t:Ccm: i

Name: Tammie Levenda

Board of Adjustment

Board of Adjustment Alternate

Planning and Zoning Board

X Park and Recreation Board

Park and Recreation Board Alternate

ub ic

Email: _.\--A...,h'1: c... le. ./ Gil ~A ;,5 vwi I --------- ~~

~ t-~r ~ I>) . Home Phone: ( 2- 11) 1 o 1. 1145 Address: ll

Cell Phone:

I t r

City/State: Belleair Beach, FL 33786 c.o I en,\"\-.\ l R0

eg3

is: a.- on j:'½ 7 '/ __ __,__ __ _

Educational Background:

~i,~ vi,, f) -t ;\:--l-s-

Experience:

c; :yi s

Why would you like to be considered as a candidate for service on this Board?

:C v--.10 i..-t. oL l ~ llA- ~ ~ ivti1,<.... ; I"\, ol ,~ 4-

Please attach a resume if available. Date submitted: 1. l1. 2o

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Would you consider serving on another Board or Committee other than the one you selected above? ___ YES K NO

Other Board{s) / Committee(s) in which you would be interested:

What Board or Committees do you currently serve: %

I have been a resident of the City of Belleair Beach for __ i __ years.

I am a qualmed vote of the City of 8f11eair Beach. Voter registration date j--:'y SIGNATU E V\/v~ L{_,--.;L-DATE ___ 1_. _l_1_. _2o _______________ _

NOTE: Application is effective for ONE YEAR from date of submission.

If you have any questions, please call the City Clerk, Patricia A. Gentry, at 727.595.4646 ext 124.

CITY BOARDS/ COMMITTEES

Applicants must be residents and qualified voters of the City of Belleair Beach. The City Clerk maintains a file of candidate applications. Appointments are made by City Council when an opening is available. Applications are available in the City Clerk's Office.

• The Board of Adjustment*

• The City Planning Board*

• The park and Recreation Board

*Requires flllng a financial disclosure form with the Supervisor of Elections within thirty (30) days of appointment

Please Note: Information is subject to the Public Records Law of Florida.

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Qualifications

Tammie Levenda

97 Harbor Dr. Belleair Beach, FL 33786 219.707.3745

[email protected]

5 years experience Real Estate & Property Management 16 years experience in Wine & Spirit Sales Management 7 years experience Wine & Spirit Outside Sales Representative

Skills

■ Own & Manage rental properties from search, real estate transaction, renovation to tenant placement

■ Outside sales experience, territory and sales rep management including accounts of multicultural & diverse marketing segments

■ Sales goal & incentive driven; managed & grew business with sales teams from 7 to 35 million in revenue & controlled team marketing budgets

■ Relationship building, presentations & proposals, sales training & coaching in Local 3 union based companies

■ Interviewing experience, time management, organizational skills & detailed project management

Professional Experience

Boulder Bay Real Estate - Valparaiso, IN T & TL Properties - Valparaiso, IN Real Estate Agent & Property Owner I Manager 2015 to Present

Wirtz Beverage - Chicago, IL District Manager - 2009-2014

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Union Beverage- Chicago, IL District Manager -2006-2009

Southern Wine & Spirits - Bolingbrook, IL Sales Manager & District Manager- 2003 - 2005

Romano Bros. Distributing, Chicago, IL District Manager - 1999- 2002

Premier Wine & Spirits, St Thomas USVI Sales Representative - 1996-1997

Olinger Dist. Co, Indianapolis, IN On Premise Specialist - 1991- 1995 Sales Representative Customer Service

Education

McColly School of Real Estate - Crown Point, IN 2015 Valparaiso University - Valparaiso, IN 1986 - 1990, 1991-92 Bachelor of Arts in Sociology, Psychology & World History Indiana Teaching License - 6 to 12 grades

Volunteer Activities

► St Jerome-Largo, Florida - Office I Admin volunteer ► Save Your Seconds - IRB, Florida

Church Thrift Store for religious charities ► Housing Opportunities - Valparaiso, IN

Homeless Women's Shelter Due Diligence Committee & Front Desk

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Annual Assessment Resolution 2020

RESOLUTION 2020-12

A RESOLUTION OF THE CITY COUNCIL OF BELLEAIR BEACH, FLORIDA, APPROVING THE FISCAL YEAR 2020-21 NON-AD VALOREM ASSESSMENT ROLL FOR THE BELLEVUE ESTATES ISLAND ASSESSMENT AREA; DIRECTING CERTIFICATION OF THE ASSESSMENT ROLL TO THE PINELLAS COUNTY TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLEAIR BEACH, FLORIDA, AS FOLLOWS:

SECTION 1.

SECTION 2.

SECTION 3.

AUTHORITY. This resolution of the City of Belleair Beach, Florida (the "City") is adopted pursuant to City Ordinance No. 17-02 (the "Assessment Ordinance"), City Resolution Nos. 2018-02, 2018-03, 2018-16 and 2018-18 (collectively, the "Assessment Resolutions"), Chapter 197, Florida Statutes, and other applicable provisions of law.

DEFINITIONS. This Resolution is the Annual Assessment Resolution for the Bellevue Estates Island Assessment Area for the fiscal year commencing October 1, 2020 (the "Fiscal Year 2020-21 "). All capitalized terms in this Resolution shall have the meanings defined in the Assessment Ordinance and the Assessment Resolutions.

FINDINGS. It is hereby ascertained, determined and declared as follows:

(A) The Council adopted the Assessment Resolutions to provide for the undergrounding of electrical, cable and communications utilities and the installation of street lighting improvements on and adjacent to Bellevue Estates Island and the funding of such improvements through non-ad valorem special assessments (the "Assessments") imposed upon the real property specially benefited thereby, and to approve the non-ad valorem assessment roll for such Assessment Area.

(B) The Assessment Resolutions provide that any Assessments not prepaid in full at the option of the property owner shall be collected in not more than twenty (20) annual installments pursuant to Section 197 .3632, Florida Statutes, which authorizes collection of non-ad valorem assessments on the same bill as property taxes.

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SECTION 4.

Annual Assessment Resolution 2020

(C) In accordance therewith, the Council approved and certified the non-ad valorem assessment rolls for the Bellevue Estates Island Assessment Area (collectively, the "Assessment Roll") pursuant to which collection of annual installments of the Assessments began with the tax bill mailed in November 2018.

(D) Section 2.08 of the Assessment Ordinance requires the Council to adopt an Annual Assessment Resolution approving the Assessment Roll for each Fiscal Year.

(E) In accordance therewith, the Council wishes to hereby confirm and approve the Assessment Roll for Fiscal Year 2020-21, as revised to reflect removal of Tax Parcels for which the Assessment has been prepaid in full at the option of the owner thereof, if any, and to direct certification of the roll to the Tax Collector.

(F) The Assessments are imposed by the Council, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial.

(G) The City's authority to create the Bellevue Estates Island Assessment Area and to impose and collect Assessments therein to fund the undergrounding of electrical, cable and communications utilities and the installation of street lighting improvements was validated by the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County pursuant to that certain Final Judgment rendered in Case No. 2018-CA-1989 on May 25, 2018.

APPROVAL AND CERTIFICATION OF ASSESSMENT ROLL.

(A) The Fiscal Year 2020-21 non-ad valorem assessment roll for the Bellevue Estates Island Assessment Area, a copy of which is on file with the City Clerk and incorporated herein by reference, is hereby confirmed and approved.

(8) The City Manager is hereby authorized and directed to certify the Assessment Roll to the Tax Collector prior to September 15, 2020. The Assessment Roll as delivered to the Tax Collector shall be accompanied by a Certificate to

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SECTION 5.

SECTION 7.

Annual Assessment Resolution 2020

Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix A.

SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid , such unconstitutional or invalid part shall be considered as eliminated and in no way affects the validity of the other provisions in this resolution.

EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.

PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BELLEAIR BEACH, FLORIDA, THIS 3rd DAY OF August, 2020.

ATTEST:

Patricia Gentry, City Clerk

CITY COUNCIL OF BELLEAIR BEACH, FLORIDA

Joseph A. Manzo, Mayor

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APPENDIX A - FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL

I HEREBY CERTIFY that I am the City Manager and authorized agent of Belleair Beach, Florida (the "City"), located in Pinellas County, Florida; as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for the Bellevue Estates Island Assessment Area (the "Non-Ad Valorem Assessment Roll") is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law.

I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Pinellas County Tax Collector by September 15, 2020.

IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Pinellas County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this __ day of ______ 2020.

BELLEAIR BEACH, FLORIDA

By: ---------------­City Manager

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MEMORANDUM

TO: Mayor and City Council

FROM: Lynn D. Rives, City Manager

DATE: July 17, 2020

SUBJECT: Authorize the City Manager to Execute the Contract for Law Enforcement Services with the Pinellas County Sheriff for Fiscal Year 2020/21

Recommendation:

Request City Council authorization for the City Manager to execute the FY2020/21 Contract for Law Enforcement Services with the Pinellas County Sheriff in the amount of $503,808.00

History:

The City has been utilizing the Pinellas County Sheriff for law enforcement Services since 2007

Background:

Funding will be provided for in the FY 20/21 Operating Budget. The City Attorney has reviewed and approved the contract. A copy of the contract is attached for your review.

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CONTRACT FOR LAW ENFORCEMENT SERVICES

THIS AGREEMENT is made and entered into by and between the CITY OF

BELLEAIR BEACH, FLORIDA, a municipal corporation of the State of Florida,

hereinafter referred to as "CITY"; and BOB GUALTIERI, as Sheriff, Pinellas County,

Florida, hereinafter referred to as "SHERIFF".

WITNESS ETH:

WHEREAS, Florida law permits the CITY to contract for law enforcement

services within its boundaries; and

WHEREAS, on March 13, 2007, the electors of the City approved a referendum

to amend the City Charter by removing the City's police department as a charter

department and directing the City Council to contract for law enforcement services with

another law enforcement agency; and

WHEREAS, the parties hereto recognize and agree that the City retains the

ultimate responsibility for providing law enforcement services within the City,

notwithstanding the referendum and contracting of law enforcement services to an

outside law enforcement agency; and

WHEREAS, the SHERIFF is an independent constitutional officer of the State of

Florida; and

WHEREAS, the CITY is a municipality within the boundaries of Pinellas County,

Florida, and wishes to purchase municipal law enforcement services for that area of

land within its municipal boundaries from the SHERIFF of Pinellas County, and the

parties recognize and agree that these purchased services are in addition to those

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services otherwise required to be provided by the SHERIFF to the CITY prior to the

execution of this Agreement; and

WHEREAS the parties agree that the purpose of this Agreement shall be to

provide the CITY'S residents and property owners with the highest quality law

enforcement service available, which is being accomplished in harmony with the City's

fiscal policies of sound, economical management of public safety services; and

WHEREAS, the CITY desires that the SHERIFF furnish law enforcement

protection on a full-time basis and duly perform any and all necessary and appropriate

functions, actions, and responsibilities of a law enforcement force for the CITY; and

WHEREAS , the SHERIFF has indicated his desire and willingness to accept and

fulfill the responsibilities set forth herein; and

WHEREAS , the parties recognize and agree that nothing contained in this

Agreement affects the CITY'S right to determine whether law enforcement services

shall be provided by a City police department, by contract with another law enforcement

agency or otherwise; and

WHEREAS, this Agreement for provision of law enforcement services is not

intended by the parties nor shall it be interpreted to be a transfer, consolidation or

merger within the meaning of those terms for constitutional or statutory purposes,

pension purposes or for any other purpose whatsoever and it is the intent of the parties

that this Agreement shall at all times be administered in harmony with the intent of the

parties that no transfer, consolidation or merger shall be accomplished by the terms of

this Agreement in any respect whatsoever;

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NOW, THEREFORE, in consideration of the mutual promises contained herein

and given by each party to the other, the parties hereto do covenant and agree as

follows:

1. RECITATIONS. That the recitations set forth above are incorporated

herein by reference in their entirety.

2. LEGAL AUTHORITY. This Agreement is entered into pursuant to the

provisions of §163.01, Fla. Stat., the "Florida lnterlocal Cooperation Act of 1969". The

parties entering into this Agreement are fully cognizant of the constitutional limitations

on the transfer of powers as set forth in Article VIII, Section 4 of the Constitution of the

State of Florida and it is the express purpose of this Agreement only to enter into a

contract for the provision of law enforcement services for certain designated law

enforcement functions and shall not be deemed in any manner whatsoever to authorize

the delegation of the constitutional or statutory duties of any of the parties pursuant to

the provisions of §163.01(14), Fla. Stat. This Agreement at all times shall be construed

consistent with such constitutional and statutory limitations, and the duties and

responsibilities set forth in this Agreement shall be performed by the parties in a manner

that is constitutionally permissible.

3. PURPOSE: The purpose of this Agreement shall be to provide the citizens

of the CITY with high quality law enforcement services by the Sheriff's Office. It is

expressly acknowledged and agreed that all services provided by the SHERIFF

under the terms of this Agreement are paid for by consideration from the CITY under

the terms of this Agreement, and are completely separate and in addition to any and

all ad valorem taxes or any other revenues paid by or received on behalf of the

citizens of the CITY to the Pinellas County Board of County Commissioners .. In light

thereof, the SHERIFF shall continue to have the obligation to provide normal

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services to the same degree that such services are provided to the rest of

Pinellas County, and the CITY is not to be charged extra for these services.

4. SERVICES. The SHERIFF hereby agrees to provide all necessary and

appropriate law enforcement services in and for the CITY by providing one ( 1)

deputy sheriff with a patrol vehicle for twenty-four (24) consecutive hours each day to

serve as a law enforcement officer within the CITY. The CITY and SHERIFF further

agree that the deputy assigned to the CITY may contemporaneously provide law

enforcement services in and for the Town of Belleair Shore ("TOWN"), and that the

CITY and TOWN will "share" the deputy. A deputy shall be provided to the CITY and

TOWN on the basis of one (1) deputy per shift per calendar day so as to provide

continuous coverage twenty-four (24) hours per day, seven (7) days per week. The

SHERIFF will ensure that a deputy is continuously present within the city limits of the

CITY and/or the town limits of the TOWN at all such times except under emergency

circumstances when backup assistance may be required from other deputy sheriffs

or municipal law enforcement officers.

The services to be provided by the SHERIFF under the terms of this

Agreement include, but are not limited to:

a. Neighborhood patrol.

b. Traffic enforcement, including running radar/laser on Gulf Boulevard and the Causeway and enforcing pedestrian crosswalks.

c. House/vacation checks.

d. Morning and afternoon school bus patrol.

e. Enforcement of local ordinances such as contractors working working before/after hours or on holidays or without permits

e. Enforcement of local ordinances such as contractors working before/after hours or on holidays or without permits

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f . Marine Unit patrol on the lntracoastaland Beach.

g. Neighborhood Watch services and inspections of homes to make recommendations to improve security.

h. Periodic Citizen Police Academy for residents to team about law enforcement, courts, and related information.

i. Crime scene investigations, detective services, street crimes investigations, use of canine units, environmental crimes investigations, special operations, and evidence processing and storage.

j. Security checks at the Marina and City Hall.

k . Enforcement of "no on-street parking" regulations.

I. Provision of periodic beach patrol.

m. Provision to the City of whatever resources are needed to ensure an orderly and prompt evacuation off the Island for City residents, including the resources to go house-to-house and control traffic. In post disaster and recovery phases provision of the resources to get personnel back to the City for post event damage assessment, prevention of looting, control of returning residents, and other related tasks.

n. Meet and confer at City Hall with residents needing assistance and the like.

o. Provision of directed patrol or special traffic enforcement when needed to address specific issues such as enforcement of pedestrian crosswalk regulations or other short-term assignments.

p. Verification of garage sale permits.

q. Response to traffic crashes in the City.

r. Delivery of Agenda packets, mail and other items to the Mayor and Council and members of boards.

s. Making City bank deposits.

t. Posting of notices at City parks.

u. Provision of communications tie-in with Pinellas Suncoast Fire Rescue District.

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5. POWER OF CITY TO DIRECT SERVICES. The SHERIFF, or his

designee, shall confer with the City Manager regarding law enforcement problems

within the CITY and shall accept from the City Manager general policy direction on how

law enforcement services are delivered and to what portion of the municipality a

particular type or level of service should be delivered to counteract law enforcement

problems within the CITY. The SHERIFF shall make a good faith effort to comply with

the request of the CITY regarding such matters unless such decisions will represent a

danger to the deputies providing such service or to other members of the Sheriff's

Office, violate the law, good law enforcement practices, the rules and regulations of the

Pinellas County Sheriffs Office, or are detrimental to the citizens of the CITY or the

County. In the event that such concern arises, the SHERIFF will meet and confer with

the City Manager on policy matters regarding the delivery of such services and attempt

to resolve any dispute or misunderstanding between them.

6. NO PLEDGE OF AD VALOREM TAXES. The parties agree that this

Agreement does not constitute a general indebtedness of the CITY within the meaning

of any constitutional , statutory, or charter provision or limitation and it is expressly

agreed by the parties that the SHERIFF shall not have the right to require or compel

the exercise of ad valorem taxing power of the CITY or taxation of any real or personal

property therein for the payment of any monetary obligations due under the terms of this

Agreement, and it is further agreed between the parties that this Agreement and any

funds called for to be paid hereunder shall not constitute a lien upon any real or personal

property of the CITY, or any part thereof, and that the obligation for monetary payments

called for to be made hereunder shall be deemed to exist for less than a year at any point

in time and shall be entirely subject to the legislative budgetary discretion of the CITY.

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7. INDEMNIFICATION OF CITY. To the extent permitted by law, the

SHERIFF agrees to defend, indemnify (including the payment of litigation judgments)

and hold the CITY, its officials, and employees harmless for any and all claims, actions,

and causes of action asserted against the CITY, its officials, and employees for the acts

or omissions of the SHERIFF, his deputies, or other employees of the SHERIFF

regardless of the arguable merit of the claim , action or cause of action arising out of the

SHERIFF'S obligations and/or performance under this Agreement. The SHERIFF'S

obligations under this provision include third-party claims against the CITY for

subrogation and reimbursement, only as such claims arise solely from acts or omissions

of the SHERIFF, his deputies, or other employees of the SHERIFF arising out of the

SHERIFF'S obligations and/or performance under this Agreement. Lawsuits and claims

that may be filed against the CITY arising from the SHERIFF'S performance under this

Agreement shall be defended by the SHERIFF in accordance with the SHERIFF's

existing policies and procedures for defending and litigating such matters.

A. Nothing contained in this Agreement herein shall be construed to limit

or modify the provisions of §768.28, Fla. Stat., or constitutional sovereign

immunity, as it applies to the CITY and the SHERIFF. Nothing herein shall waive,

abrogate or expand the sovereign immunity enjoyed by the SHERIFF and the

CITY pursuant to the provisions of Chapter 768.28 Fla Stat.

8. INDEPENDENT CONTRACTOR. The SHERIFF, for the purposes of this

Agreement, is and shall remain an independent contractor, provided, however, such

independent contractor status shall not diminish the power and authority vested in the

SHERIFF and his sworn law enforcement deputies.

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9. PROVISION OF SERVICES. The SHERIFF shall provide each deputy

assigned to the CITY under this Agreement with all necessary equipment to carry out

the requirements of this Agreement.

10. PERSONNEL. The SHERIFF shall be solely responsible for the

appointment, training, assignment, discipline and dismissal of all his law enforcement

personnel performing services under this Agreement. The parties shall mutually

cooperate to carry out the terms and conditions of this Agreement. Should the CITY or

its designee believe that any deputy assigned to the CITY pursuant to the terms of this

Agreement is failing to perform in a satisfactory manner, the CITY or its designee shall

notify the Commander of the Patrol Operations Bureau of the Pinellas County Sheriff's

Office. The parties shall work together to reach a mutually satisfactory resolution of the

matter. However, it is understood that under this Agreement the SHERIFF shall retain

the sole authority to transfer, counsel, or discipline any deputy or other member of the

Pinellas County Sheriff's Office

11. ENFORCEMENT OF LAWS. The SHERIFF shall discharge his

responsibility under this Agreement by the enforcement of all state laws, county

ordinances applicable within the CITY and the ordinances of the CITY. The SHERIFF,

within his discretion, shall bring appropriate charges for violations of all laws and

ordinances. The SHERIFF shall ensure that deputies assigned to the CITY will have a

general familiarity with the code of ordinances of the CITY. The CITY will provide

adequate copies of its ordinances for this purpose at no cost to the SHERIFF.

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12. FINES. All fines or other monetary fees or penalties rendered in any court

as a result of charges made by the SHERIFF for offenses occurring with the CITY shall

be distributed as provided by general law and the rules of the Court.

13. RECORDS. The SHERIFF shall maintain Uniform Crime Reporting

records regarding crimes committed within the CITY. These records shall include the

number and type of crimes committed, the number of arrests made for each type of

crime, and any other information as required by law. A computer printout reflecting a

summary of overall activity by event type shall be furnished to the CITY each month.

14. NOTICE. Notice as required to be given hereunder shall be given to the

following persons:

A. SHERIFF OF PINELLAS COUNTY: Office of General Counsel, P.O. Drawer 2500, Largo, FL 33779-2500

B. CITY OF BELLEAIR BEACH: Attention: City Manager at 444 Causeway Blvd ., Belleair Beach, FL 33786-3326

15. TERM. The Agreement shall take effect on October 1, 2020 and continue

through September 30, 2021.

16. TERMINATION. Either party may terminate this Agreement without cause or

further liability to the other party, except as to the provisions of the Agreement regarding

indemnification and providing the CITY with legal defense, as these sections shall survive

the Agreement's termination , upon written notice to the other party given not less than

120 days prior to the requested termination date. The required notice is deemed

"delivered" when a copy is physically delivered to the other party and a receipt therefore

signed by the other party.

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The parties agree that where the Agreement is not terminated as provided

for herein, the terms of this Agreement shall automatically continue for 120 days

beyond September 30, 2021, in the event a replacement contract has not yet been

completely executed. The CITY shall continue to pay to the SHERIFF on a

monthly basis the amount due as specified herein, until such time as a

replacement contract has been approved. The parties further agree that an increase,

if any, in the cost of service, shall be retroactively applied for services rendered from

October 1, 2021, to the approval and execution of the replacement contract, and shall

be paid by the CITY to the SHERIFF immediately for the services already provided.

17. COST. The CITY shall pay to the SHERIFF, as payment in full for all of

the SHERIFF's services as set forth herein, the sum of FIVE HUNDRED THREE

THOUSAND EIGHT HUNDRED EIGHT DOLLARS AND NO CENTS ($503,808.00),

as detailed in Attachment 1. Payment shall be made in twelve ( 12} monthly

installments, of FORTY-ONE THOUSAND NINE HUNDRED EIGHTY-FOUR

DOLLARS AND NO CENTS ($41,984.00), with the first payment due October 1,

2020.

18. THIRD PARTIES. In no event shall any of the terms of this Agreement

confer upon any third person, corporation or entity other than the parties hereto any

right or cause of action or damages claimed against either party to this Agreement

arising from the performance of the obligation and responsibilities of the parties herein

orfor any other reason.

19. ENTIRE AGREEMENT. This Agreement reflects the full and complete

understanding of the parties and may be modified or amended only by a document in

writing executed by both of the parties hereto and with the same formality of this

Agreement.

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20. JOINT AUTHORSHIP. The parties agree and acknowledge that this

Agreement represents the collective work product of each party hereto and as such

interpretation of any provision shall not be construed or interpreted against one party

and in favor of the other.

21. NON-ASSIGNABILITY. The SHERIFF shall not assign or delegate the

obligations, responsibilities or benefits imposed hereby or contained herein to any third

party or in any manner contract for the provision of the services required to be

performed herein by a third party without the express written consent of the CITY, which

consent must have been agreed to by the CITY at a public meeting and which consent

may be withheld within the sole discretion of the CITY.

22. LIAISON. A close liaison shall be maintained between the CITY and the

SHERIFF. The SHERIFF agrees to make available to the CITY a specific member or

members of the command staff who shall be available twenty-four (24) hours per day to

act as liaison between the CITY and the SHERIFF. The City Liaison, the City Manager

and the SHERIFF, or their designees, shall meet and confer with each other on a

regularly scheduled basis to discuss the administration of this Agreement. The

SHERIFF, or his designee, shall, upon request of the City Council, be present at City

Council meetings for discussion of the provision of law enforcement services within the

CITY, for budget preparation purposes, or for any other purpose as the City Council

shall request from time to time. The SHERIFF, or his designee, shall be responsible for

submitting appropriate staffing or information to the City Council as is necessary for it to

conduct its legislative business. Any request for the presence of the SHERIFF or his

designee, or for the production of any information or staffing, shall be communicated

solely through the City Manager to the SHERIFF or his designee.

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23. OFFICE SPACE. The CITY, at no cost to the SHERIFF, will provide the

SHERIFF office space in the CITY, the location and size of which is to be mutually

agreed upon , for the purpose of allowing deputy sheriffs assigned to the CITY to meet

with citizens and for other law enforcement purposes.

Remainder of page intentionally left blank.

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IN WITNESS WHEREOF, the parties to this Agreement have caused the same

to be signed by their duly authorized representatives this __ day of _____ _

2020.

ATTEST:

Patricia Gentry CMC, City Clerk

Approved as to Form

City Attorney

Witness

Approved as to Form

Sheriff's Legal Counsel

CITY OF BELLEAIR BEACH, FLORIDA

Lynn Rives, City Manager

SHERIFF, PINELLAS COUNTY, FLORIDA

BOB GUALTIERI, Sheriff

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Attachment 1

City of Belleair Beach

Cost of Law Enforcement Services Worksheet - FY 21

A. Cost per Deputy $ 99,592 .00

B. Deputies by Post

Number Relief Factor !:Jeputy

4 X 1.2 X $ 99,592.00 $ 478,042.00

C. Veh icle Cost

NL.:mber #Miles $ per Mile Days per Year

1 X 120 X 0.8137 X 365 $ 35,640.00

D. Supervision

Number Crime Factor Sergeant

1 X 0.653% X $ 130,178.00 $ 850.00

E. Equipment

Number Positions Equip Cost-CD

4 I 1,322 X $ 1,071,969.00 $ 3,243.00

F. Allocated Indirect Cost (AIC)

Number Positions AIC-CD

4 I 1,322 X $ 6,981,942.00 $ 21,125.00

G. Total for supervision, equipment, and AIC $ 25,218.00

H. TOTAL $ 538,900.00

I. Credit for Belleair Shore 6.5111% Less Credit $ (35,088.00)

TOTAL Yearly $ 503,812 .00

Rounding $ (4.00)

Contract Amount $ 503,808.00

12 monthly payments $ 41,984.00

Increase from prior year-percentage $ 503,808.00 I $ 491,052.00 2.60%

Increase from prior year-cost $ 12,756.00