monday, august3,2020 city of belleair beach, florida ... · upcoming meetings and events as of july...
TRANSCRIPT
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)
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
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
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
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June 2020 ~---~:=•- ~....,.
0 0 0 0 0 0 0 0 0 0 0 1 0 0
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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
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
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
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
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
"(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
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
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
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
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
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
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
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
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
ATTEST
Patricia Gentry, City Clerk Joscph A.Manzo,Mayor
APPROVED AS TO FORM AND CORRECTNESS:
Fred Reilly, City Attorney
11 OrdinanceCharter Amendmcn~0717 2020
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
City Council Meeting Monday, July 6, 2020
• 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
2
City Council Meeting Monday, July 6, 2020
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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City Council Meeting Monday, July 6, 2020
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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City Council Meeting Monday, July 6, 2020
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
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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City Council Meeting Monday, July 6, 2020
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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City Council Meeting Monday, July 6, 2020
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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City Council Meeting Monday, July 6, 2020
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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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.
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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City Council Meeting Monday, July 6, 2020
• 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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City Council Meeting Monday, July 6, 2020
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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City Council Meeting Monday, July 6, 2020
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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City Council Meeting Monday, July 6, 2020
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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City Council Meeting Monday, July 6, 2020
• 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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City Council Meeting Monday, July 6, 2020
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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City Council Meeting Monday, July 6, 2020
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
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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.
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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
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
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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
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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
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
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
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
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
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.
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
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
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.
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
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
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/ .
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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., .
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Please attach a resume if available. Date submitted: , .:t, / i:, / ' ' I
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.
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
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.
Qualifications
Tammie Levenda
97 Harbor Dr. Belleair Beach, FL 33786 219.707.3745
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
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
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.
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
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
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
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.
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
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;
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
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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