e e good evening everyone it's Wednesday April 10th 2024 this is our Board of Commissioners regular meeting could I impose on the City attorney to do our invocation please and Pledge of Allegiance heavly father we seek blessings on the tasks before us bless our efforts with clear Insight our deliberations with wisdom our work with Clarity and accuracy and our decisions with impartiality we pray that our work this evening will find favor in your sight this we pray amen I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all city clerk would call the role please may rosc present vice mayor Kerr here commissioner tagini here commissioner mcgean here commissioner Brooks here all are present all right thank you all right next up is approval of the agenda mayor and commission I do have one item that we'd like to bring back at the May 8th meeting and that's item under contracts and agreements item 18 excuse me 18 ger excuse me item 14a code enforcement satellite office you bring back at the May 8th meeting an agreement to item to approve an agreement to proceed with that project okay so you want to take it off of yes yeah we'll bring it back at the May 8th meeting okay I guess we need a motion that's the only change that I have okay and anybody else have any changes I'll make a motion to approve the agenda as written with the exception of item 14a code enforcement satellite office will be rescheduled to May 8th all right thank you do we have a second second all right thank you city clerk we call the rooll please vice mayor Kerr yes tagini yes mayor rosc yes commissioner MC yes commissioner Brooks yes the motion Carri five to zero right thank you next up is the March 19th 2024 municipal election certified official election results city Madera Beach Charter Amendment the cler the clerk will go over the results of the election all right thank you I think as everyone is aware on March 19th there was an election we had one item on madira beach or about the city of madira Beach and that was a to amend the city Charter um to change the candidate qualifying period to the first full week of December instead of the first two full weeks the item uh did not pass the total number of votes cast were 665 uh there were 236 votes for yes and 429 votes for no thank you Robin my computer's still spinning and of course those results were certified by the penel County Supervisor of Elections um office and the canvasing board and that is included in the agenda packet and I think the agenda packet begins with it's an alphabetical well in the order by items but if you just scroll down multiple Pages eventually you get to the madira beach it's item 5 a page five yeah yeah under Clear Water anything I think that's all clear to cover yes sir that's the official results there it was the unofficial results at the workshop correct all right well next item up it's time to appoint a new Vice chair appointment of a vice mayor wanted to let me just go ahead and go over this this is under City Charter section 4.4 title vice mayor it provides the Board of Commissioners shall appoint a vice mayor at the first regular meeting following the election the term of vice mayor shall be for one year the vice mayor shall act as mayor during the absence or disability of the mayor so the vice mayor be required to act as mayor for a period in excess of 30 days he or she shall receive compens ation of the of the mayor retroactive to the date upon which he or she assumed the mayoral duties um so tonight it would just be um either a nomination or a motion however you want to do that uh to appoint the vice mayor okay Commissioners the question I have is it someone different it always has to be someone different is that true the charter doesn't say that but that's been historically what has what has happened historical well then I'd like to nominate uh Amry Brooks okay I I second that all right C clerk we call the role please good vice mayor Kerr yes commissioner tagini yes mayor Rost yes commissioner mcin yes and commissioner tagini oh commissioner Brooks yes yes the motion Carri five to zero congratulations congratulations congratulations congrat and I would also like to uh thank vice mayor uh Kerr outgoing for his support assistance and dedication to the position and for covering my uh covering for me in my absence for the past month thank you very much all right next up are proclamations I have none and then uh up from there is presentations we have presentation of the FY 2023 annual comprehensive financial report sure I'll I'll give introduction so our fy2020 23 annual comprehensive Financial reporter Acer uh the audit has been completed and the act for issued uh the audit work was performed by James Moren company uh here with me is a partner Zach chaliford to give you a presentation on those audit results just want to thank Zach and his team for their efforts uh it was a very smooth audit this year got done in fact even a little earlier than we have in years past uh usually it's towards more the end of March this felt like a little more towards mid-march uh also want to thank my team for their diligent efforts in getting all the audit prep work uh completed timely uh to facilitate a rather smooth audit this year so um thanks all around for both the uh Auditors and the auditees that were involved in the process and now just turn it over to Zach to give you to deliver the uh the presentation on audit results and it has a PowerPoint presentation we go over all right good evening Zach shafor partner James Mo and Company uh as Andrew mentioned a little bit earlier this year in the wrap-up phase but this has been kind of the consistent timing for the presentation really about for the most part just about as early as it could be there's certain items that we have to wait on from the state and so forth to to bring everything to a final close so likewise we appreciate all of the help from your team as well as always you know we appreciate the opportunity to work with the city this is our believe fourth year uh as your external Auditors I'm going to walk through the PowerPoint presentation uh you know keep it pretty high level as I go through though feel free to jump in with any questions and of course more than glad uh at the end to answer any questions as well uh as is noted in the agenda item on that next slide uh the city does prepare what's called an Acer or an annual comprehensive report uh this really goes above and beyond the minimum requirements you know set forth by State Statute what has to be in your audited financial statements uh every year staff submits that document to the government Finance officers Association for evaluation of compliance with the program requirements the 2022 fiscal year act for was awarded the certificate of achievement for excellence in financial reporting reflecting that the city met those enhanced reporting requirements and we expect the current year uh once again to receive that award as those same elements are in here this year uh these are Management's financial statements and there's four reports that we issue that really summarize the results of the audit the first is the report on the financial statements at the very front uh of the document we did Issue an unmodified opinion that the city's financial statements are fairly presented in all material respects uh this is the best opinion that we can issue what you want to see effectively a clean opinion that the numbers can be relied upon uh the reports in the back are more of the qualitative side of the audit where while the the second report while we do not audit the city's internal controls there separate audit engag ments outside of a financial audit that would do that we do consider the internal controls over key financial areas you know accounts payable payroll those that have a major Financial impact as well as just the kind of evaluation of Staff being able to produce these statements have all the numbers where they should be so if you know we have a major adjustment and say hey this was wrong we had to fix it those could also be cases where we would have to report an internal control comment uh on those items we had no com ments in this report this year related to internal control and then also if we come across any material compliance issues uh generally related to uh debt budget grants or otherwise those would get reported here as well we had we had no modifications or comments uh on either side in this report this year uh the third report looks at um various items required by the state of Florida kind of the catchall to say you know the state wants to know if there's any you know negative Financial Trends things like that that we would have to raise certain Red Flags uh if that were the case there were no such items to that effect identified as we'll get to the city's in a strong financial position uh there's also a catchall for any other items comments recommendations uh the one item here we had related to the building department fund uh we had that this same comment last year related to a state statute looking at what are the carry forward limitations in that fund and that balance being a little bit over uh that threshold so really just kind of noting notating that as an FYI that we did note that to be over what that statutory limit uh is as of 9:30 2023 uh we had one comment last year that was corrected uh this year and then the final report we have to look at the city's compliance with State statutes related to investment activity investment policies and did note the city to be in compliance with that statute uh on the next slide we have a four-year trend of your general fund B you know really kind of your primary operating reserves looking at assets minus liabilities uh in the general fund as you can see pretty much flat year-over-year from fiscal year uh 22 to 23 and the bulk of those unrestricted reserves fall into those bottom two lines the assigned plus the unassigned fund balance the committed is primarily made up of your um emergency Reserve so the the remainder again unrestricted residual fund balance comes down to those bottom two lines and on the next slide what I always like to do is say the dollars are great but let's compare that to the size of the budget and kind of say okay what what is here when looking um at everything in totality and looking at about 13.5 million in fund balance relative to what you spent in the current year um a 15.8 million about an 85% um number uh that is down from the prior year some of that's just timing as you have normal fluctuations expenses were higher that bottom line un assign to sign fund balance um was a bit lower this year but in total 85% about 10 or so months in reserves the gfoa does recommend a bare minimum of two months uh so you guys of course are over that I always emphasize the fact that it's a bare minimum recommendation and when you factor in you know being relatively small being Coastal it's really a matter of preparing for those contingencies and wh ifs to say well hey what what could go wrong what do we want to make sure that we have on hand to kind of be ready for what you know the unknown whether it's you know covid a few years ago hurricanes things of that nature so overall the city again in a strong financial position on the next slide looking at your business type funds uh what we look at here is your unrestricted net position again a very similar bottom line number really to focus on do we have any negative balances and how are the trends looking um you know all three of your existing proprietary funds moving in a positive direction so that's always you know kind of what we want to see there inflationary type increases uh then of note this year of course your parking fund was separated so that now shows uh as an Enterprise fund on a standalone basis to see all of the direct revenue and expenses associated uh with that function and then lastly a few catch all items your building fund and other governmental funds as always most of those restricted dollars those are in separate funds to have the accountability and transparency over seeeing how those funds are being used all positive fund balance is there so no kind of hey there's there's a deficit to be aware of everything um you know has a positive fund balance at year end and then I always like to touch on the net pension liability related to the Florida retirement system from the standpoint that uh we do present a liability to the tune of about $3 million called your net pension liability uh but the real impact of that you how I call it an exercise in accounting principles governmental accounting because while we show that liability the real obligation of the city is every month based on payroll you remit contributions to the state for um that retirement plan and normally the way I kind of look at it is when that liability goes up or goes down if it goes up and it's high that generally means that when new contribution rates come out effective July 1 that we can probably expect to see some of an increase so as we've had that liability we've had increased rates about a percent or so the last few years on average uh but again that $3 million big number in there is really just for informational purposes it's not one where the city will have to go and write a check um again your ongoing obligation is those monthly contributions relative to payroll uh so those are the highlights again wanted to be quick but more than glad uh to dive in deeper anywhere as necessary I'll jump in for just a second looks like on our page 107 which is the rep page 92 it's got 20221 impact fee accounting corrective action taken is that what you referred to earlier correct ah okay all right so if you had to give the city a grade how are we doing we're not supposed to you we always have to say the auto report is the auto report I don't think the uh you the aicpa attorneys would like having grades but um absolutely you know everything moving in the right direction financially healthy level of reserves so there's there's not much we could say hey this this is a problem here or here's an issue or here's something not moving in the right direction so probably as close as an a as I could get to without actually saying it because again we're probably not supposed to understood thank you Commissioners any other questions okay is there any public comment on this all right well thank you absolutely thank y'all next up is public comment for any items that are not on the agenda if you'd like to come up and speak to us we'd love to hear what you have to say okay no public comment we'll move on then next item up is approval of the minutes we have letter A 20243 from 0313 202 24327 and 202 24327 we had a regular meeting special meeting and then a regular Workshop Commissioners we need approval of the minutes I um I read over them I'd like to make a motion that we approve the M the minutes as written great do we have a second I'll second the motion well thank you city clerk we call the role please commissioner Kerr yes vice mayor Brooks yes commissioner tagini yes mayor rosc yes commissioner McAn yes the motion carried five to zero all right thank you next up is the consent agenda it doesn't appear that we have anything so we can just cross that one off and then we would go to uh our public hearings we have ordinance 20244 special magistrate code enforcement first reading and public hearing City attorney thank you Mr Mayor this is ordinance 2024 d04 an ordinance of the city of madira Beach Florida amending division 2 enforcement by special magistrate of article 7 code enforcement of the code of ordinances of the city of madir beach to reflect the changes that have been adopted in chapter 162 Florida Statutes deleting section 2- 380 priority of leans and renumbering subsequent sections providing for conflict providing for codification providing for severability and providing for an effective date that was the first reading of ordinance 20244 by title only this is the ordinance that was discussed at the March 27th Workshop meeting this is as the title says just to update our code in relation to updates and the Florida Statutes all right thank you first up is a public comment on this do we have any public comment all right public comment is closed Commissioners I don't have any questions do we have a motion like to make a motion to approve ordinance 20244 special magistrate code enforcement all right thank you do have a second a second thank you kindly C the clerk we call the role please commissioner Kerr yes commissioner tagini yes vice mayor Brooks yes commissioner mcgean yes mayor rosc yes the motion carry five to zero all right thank you next up is 12b ordinance 20246 special magistrate compensation first reading in public hearing City attorney thank you mayor this is ordinance 20246 in ordinance of the city of Madera Beach Florida amending section 2502 appointment and removal of article 8 special magistrate of chapter 2 administration of the code of ordinances of the city of Madera Beach to amend the approval process for the rate of compensation of the special magistrate providing for conflict providing for codification providing for severability and providing for an effective date that was the first reading of ordinance 202 24-6 by title only this also was discussed at the March 27th Workshop the purpose of this ordinance is just to make it consistent in the special magistrate variance code section as we do in the code enforcement section all right thank you is there any public comment on this first all right nobody coming up public comment we will close Commissioners do we have a motion then I move that we pass ordinance 20246 special magistrate compensation do we have a second I'll second the motion thank you kindly city clerk will you call the role please commissioner tager Rini yes vice mayor Brooks yes mayor rosc yes commissioner mcgean yes commissioner Kerr yes the motion carry five to zero all right thank you next up is item 12C Charlie ordinance 20245 fees and collections procedures manual FY 2024 update first reading and public hearing mayor Commissioners this is ordinance 20245 an ordinance of the city of madir Beach Florida adopting the fees and collection procedures manual repealing ordinance 20238 providing for conflict providing for separability and providing for on effective date that was the first reading of ordinance 202 24-5 by title only this ordinance also was discussed at the March 27th uh Workshop meeting all right thank you very much is there any public comment on this if you'd like to talk we'd love to hear what you have to say all right public comment is closed Commissioners um in summary it just added the building safety Milestone report review fee for $250 is that correct yes I don't have any comment do we have a motion I move we pass ordinance 20240 sorry 05 fees and collection manual update fiscal year 2024 thank you do we have a second a second right city clerk will we call the role please commissioner Kerr yes commissioner mcgean yes commissioner tagler rainy yes mayor rosc yes vice mayor Brooks yes the motion carry 5 to zero all right thank you next up is ABP 20242 Dockside Dave's Restaurant C attorney thank you Mr Mayor Commissioners this is a quas Judicial hearing so I just want to go through the process with you as we normally do on applications for uh be alcoholic beverage permits so first of all the applicant in this case is docside Dave's real estate LLC the summary of the application is as follows the applicant for the ABP 202 24-02 is requesting authorization from the Board of Commissioners for the approval of a special Food Service establishment for cop alcoholic beverage license for the sale of beer wine and liquor for consumption on the premises at the existing Dockside Daves restaurant located at 14701 Gulf Boulevard madir Beach Florida the standards to be applied in this application review this application are as follows they're set forth in 110- 532 of the code uh and it reads as follows when considering the alcoholic beverage application the Board of Commissioners shall consider the following factors number one the extent to which the location and the extent to which the proposed alcoholic beverage request will adversely affect the character of the existing neighborhood number two the extent to which traffic generated as a result of the location of the proposed alcoholic beverage requests will create congestion or present a safety hazard number three whether or not the proposed use is compatible with the particular location for which is proposed number four whether or not the proposed use will adversely affect Public Safety and number five no application for review under this section shall be considered until the applicant is paid in full all outstanding charges fees interest fines or penalties owed by the applicant to the city under any section of the code so the burden of proof um that you're to place against the criteria as follows or set forth in section 2-10 of your code the applicant shall have the burden of proof at the hearing to show by greater weight of the evidence that the application is consistent with the city's comprehensive plan and complies with all procedural requirements of law conditions may be suggested by the applicant the city or any party or may be imposed by the board which are intended to assure consistency and compliance as I mentioned before the the parties are docside Daves real estate LLC and also the city the order of presentation is normally by the applicant but because there is no other affected parties we're going to switch that around we're going to allow um the city to proceed first with this presentation followed by the applicant and I'm going to read the quadal procedures now that you going to need to follow this is a quasa Judicial proceeding where the Board of Commissioners acts in a quasa Judicial rather than a legislative capacity at this hearing it is not the board's function to make law but rather to apply law that has already been established in this qual hearing the board is required by law to make findings of fact based upon the evidence presented at the hearing and apply those findings of fact to prively established criteria contained in the code of ordinances in order to make a legal decision regarding the application before it the board may only consider evidence at this hearing that the law considers competent substantial and relevant to the issues if the competent substantial and relevant evidence at the hearing demonstrate that the applicant has met the criteria established in the code of ordinances then the board is required by law defined in favor of the applicant by the same token if the competent substantial and relevant evidence the hearing demonstrates the applicant has failed to meet the criteria established in the code of ordinances in the board is required by law to find against the applicant I need to ask each one of you the Commissioners and the mayor whether or not there are any experted Communications with the applicant no no no okay thank you no any conflicts of interest that anybody needs to disclose no no okay all right with that in mind mayor I'm going to go ahead and swearing any Witnesses are going to testify today if you could stand up raise your right hand I'm going to swear you under oath sir you swear the testimony you're about to give tonight is going to be the truth the whole truth and nothing but the truth yes okay thank you all all right with that said then we're going to go ahead and U sir want you want you to introduce yourself and you can sit down yes uh good evening my name is Brandon isario I'm the new owner of Dockside da and it's nice to finally sit in front of everybody and get to familiarize with all of you and I'd love to answer any questions yeah okay we're g to let the city go ahead and proceed why don't you take a seat we'll call you back up if you in just a few minutes so Joe are you gonna be doing this okay yes okay so I have the uh memorandum which I'll read for everyone um so meeting details April 10th 2024 Bo regular meeting prepared for mayor rosc and Board of Commissioners from Community Development Department uh subject public hearing for special Food Service establishment 4 4 cop alcoholic beverage license application number 202 24-02 for docside daav restaurant located at 14701 G Boulevard madira Beach Florida 33708 background persent to the Land Development code article V1 division 6 alcoholic beverages the application the applicant for ABP 2024-25 4701 G Boulevard madira Beach Florida 33708 this establishment is located in the C3 retail commercial zoning District the future land use designation for this property is residential office retail section 110- 534 of madira beach code of ordinances requires the approval of the Board of Commissioners for an existing alcoholic beverage zoned property to change to an alcoholic beverage license of Greater intensity the new application would be reviewed for all factories located under the section 110- 532 pursuing section 110- 539 the notice of public hearing has been properly sent to All Property Owners within 300 feet of the subject property 15 days before today's scheduled before the scheduled consideration of the board of commission such notice has also been posted on the subject property at the Gulf Beach Public Library City Hall and the City of madir beach website discussion when considering the alcoholic beverage license application the Board of Commissioners shall consider the following factors one the extent to which the location and the extent to which the proposed alcohol beverage request will adversely affect the character of the existing neighborhood section 110- 534 of madir beach code of ordinances requires the approval by the Board of Commissioners to change the change to an alcohol beverage license of Greater intensity the applicant is applying for a special Food Service establishment for cop alcoholic beverage license to be able to sell liquor alongside the current beer and wine offerings permitting docside Dave's Restaurant of madira beach to add liquor to the menu per consumption on premises would not adversely affect the character of the existing neighborhood the existing neighborhood is mostly commercial uses and the existing restaurant already has a 2op alcohol license to serve beer and wine on the premises additionally The Reef Bar and Grill Next Door already serves liquor criteria 2 is the extent to which traffic generated as a result of the location of the proposed alcohol beverage request will create congestion or present a safety hazard the minimum parking requirements of this property meet the requirements um which are in section 110- 971 adding liquor to the menu should not create an additional traffic congestion as the business has been in operation for over a decade and the use is not changing additional traffic and congestion should not be created by the proposed alcohol use the proposed alcohol use does not present a safety hazard criteria three whether or not the proposed use is in is compatible with the particular for which it is proposed this proposed alcohol use is is compatible with the location The Reef Bar and Grill Next Door already serves liquor this application is to permit liquor to be sold at the existing restaurant any future expansion of the square footage of alcohol use will require the applicant to send in a new permit application pursuant to section 110- 535 expansion of alcohol B zoning in the madira beach code of ordinances the owner confirmed he will be applying for a new petition for an an alcohol beverage license once the building plans for a new renovated restaurant are completed criteria four whether or not the proposed use will adversely affect the the public safety Public Safety should not be adversely adversely affected by doc side Dave's restaurant serving liquor for consumption on premises the restaurant is more than 300 ft away from any established church synagogue Temple or place of religious worship public or private school operated for the instruction of miners or youth recreation community center th this 300 foot requirement is the minimum distance required for bars and clubs located in the C3 zoning district and does not need to be met for restaurants which dox Daves is classified as criteria five no application for review under this section shall be considered until the applicant has paid in full any outstanding charges fees interests fines or penalties owed to the applicant owed by the applicant to the city under any section of the code the applicant has no outstanding fines or penalties owed to the city under any section of the code fiscal impact uh is not applicable uh staff recommendations staff recommends the approval of a special Food Service establishment for cop alcoholic beverage license with the stated intent to sell beer wine and liquor for consumption on premise at The Dockside Daves restaurant and then with the in the agenda packet we have the application which is Pages 2011 through 203 uh 20 sorry the application is 204 through 209 um the property owner has written approval is Pages 210 and 211 uh they provided a survey and site plan on page 212 and then the mailing labels that were sent out are Pages 213 through 219 public notice on the following two pages 220 221 uh Affidavit of mailing and posting on 222 223 U and then the notice of intent to be an affected party that was sent out was on tu 224 and the posting pictures are on page 225 are you requesting that the report be received into evidence yes okay um were there any uh notices of intent filed on this application no they were not did the city receive any written correspondence on this application no okay um mayor commissioner any questions of um City staff before we move to the next step no questions here we'll have an we'll have a time to ask questions of the owner at some point right yeah thank you okay no questions of City staff thank you sir if you set the podium for a moment please you'll be given the opportunity to tell the commission whatever you want to tell in just a minute but now is your opportunity to cross-examine or ask any questions of City staff if you have them do you have any questions of City staff I do not okay thank you all right um city has no other witnesses to call no okay sir now is your opportunity to tell the commission anything you want about this application okay um there is nothing at at the moment that I have to say I I think I got it all written down for you guys um if there's anything that you want to hear from me I'd be more than happy to answer it for you okay so commissioner do you have any questions of the applicant yeah uh it mentions the owner confirmed that he will be applying for a new petition for an alcohol beverage license once the building plans for new renovation restaurant are completed you have plans to renovate the restaurant can and may I ask what what kind of renovation is it going to be is it still gonna you're not making it a bar you're still keeping it a restaurant right very much a restaurant right just expanding a little bit we bought the property next store as well okay um so we're kind of mixing the two together got it and do you have any plans to change your hours of operation at this moment no thank you any other questions okay thank thank you so mayor mayor Commissioners now it's back to the commission well let's ask the public first see absolutely is there any public comment on this seeing none will'll close public comment and then back to the commission I thought they already had it okay I did too to the attorney now we need a motion correct yes okay recommendation that is in the packet correct on page 203 I'd like to make a motion to approve the application uh for the occup for the 4cop alcoholic beverage license application 20242 thank you do we have a second I'll second all right city clerk we call the role please commissioner cerr yes commissioner McAn yes vice mayor Brooks yes mayor rosc yes commissioner tagini yes the motion carry five to zero all right thank you all right congratulations next up we have unfinished business uh resolution 20242 and then the B policy handbook I guess the resolution that'll be coming that's coming to the next Workshop I believe no that's that's on the agenda tonight oh okay this is resolution 202 4-02 a resolution of the Board of Commissioners of the city of Mader Beach Florida amending the Board of Commissioners policy handbook repealing resolution 20235 and providing for an effective date it was Ring resolution 202 24-02 and I don't know if Robin or Claire wants to give any input on the changes that were made as we discussed at the last Workshop back on the 27th of March uh just some small changes um in your Handbook of course this is an opportunity for you to make any any other changes that you would like uh to make but the minor changes that were made were removing the staff reports section in the order of the agenda and Clara you can help me with the second and we may roll call vote I'm sorry yeah approval of the minutes separate the approval of the minutes is separate also in your agenda it's not under the consent agenda and then the roll call votes those are rotated so they're not the same uh each time or or very similar in that they the last person voting was the mayor so now they would be on a rotational basis for any roll call vote cor right if I can get us started or you want to go public first yes any public comment on this first all right public comments closed commissioner okay I have two different items um first is the the change to the roll call on a rotated basis including the mayor um page 45 no 399 399 in the Roberts Rules of Order newly revised 12th edition um second paragraph the role is and this is on roll call voting the role is called an alphabetical order except that the presiding officer's name is called last and only when the vote will affect the result in my mind the mayor casting his vote last as representing the city at large versus each commissioner representing each district District kind of makes sense to me and that kind and that supports it I know we've never done by alphabetical order but it still makes sense to me that the mayor would cast his vote last but I could be overruled on that I'm just wanted to point out that it is referenced in Robert's Rules of Order um sorry I'm having a hard time it's a big book page 399 399 3994 5 um you mentioned that if the V if the final vote affects the outcome that is what I've heard in the past is that that some boards the the mayor casts the tiebreaking vote in which case that's what it becomes if it's not a tiebreaking vote that's correct uh then it's not necessarily to be last how do we know if it's a tiebreaking vote unless all the other four have voted you would not know that you wouldn't you're not supposed to know that how about that but I'm just saying I mean you're not supposed to know that it's perceived that by voting last you have an opportunity to vote cast a vote that wouldn't affect the change but may be politically motivated you know um that's what it comes down to so since the again that would in my mind since the mayor is at large be okay keep in mind that you also vote even though you each represent a district you are voting for ordinances resolutions that impact the entire absolutely and just like any other branch of government would be the same correct you know just because you represent a certain state in the Senate when you make cast a vote it's for whatever that is which affects the full country same thing here but I'm just reading it out of Robert rules and that's what I remember when we had our um our class on this last year or the year before whenever we had it which was me the memory from commissioner tagini was different but that's what my memory was thanks well I mean we were elected at large even though we run by District um and it seems to me I mean I was at that training and went to one more in Gainesville not too long ago and your your colleague presented this and I asked him this question and he couldn't uh it seemed like he couldn't give me a def a def a clear answer that it had to be last that was that was what I took away from that uh does anybody else have any feelings about this unless uh uh City attorney has some strong interpretation of this that says no the mayor must be last uh I I'm still in favor of rotating so you pick you get to decide how you're going to do this just because you have the Roberts Rules of Order as your fallback this is your rule yeah so your rule will take place before you apply Robert's Rules so if you have a rule on it we're not going to look to Robert's Rules so don't get hung up on the fact that Robert's Rules is saying that we're going to do it this way keep in mind why Robert's Rules was created it was not created for local government it was never intended to be for local governments it was for big corporations or big associations not a five member board with whatever 4,000 residents you know that's not what it was created for so you decide how you want to do it and we'll include it in the rules of procedure but don't get don't think that you're stuck because Robert Jes if I could just maybe explain a little bit more our current Board of Commissioners I think works very well together and uh we have an amicable relationship we don't always agree on on how how things should be run but we we get along very well I've seen in the past uh situations where the mayor or the chair of the of the board would use his or her last vote as leverage in a way to or even to make a point even though knowing they'll be the only what yes or no is what I'm saying in a situation like this where we are elected at large represent the entire city I just would like to see a situation where no one member could use that last vote as leverage or to make a statement or to make a point uh about something um I I'd love to hear uh mayor rost's point of view about this I I think you you've done a great job uh so far this as mayor uh that's just a feeling I've had and I'm not necessarily concerned about this board I'm looking at boards uh in the future where a mayor might use that last vote to advantage or leverage his point or his position so I'm fa I'm in favor of leaving the road to getting boat I could go either way it really doesn't matter to me I I don't care either um way that we go I think that we had discussed this way back even before our last workshop and I think I was under the impression that we were going to rotate through names and it just never got implemented I would caution that we are approving these rules for this commission and if another commission comes in they can undo what we do so um that being said um I am good either way I think that if that's what you want I understand what you're wanting to get accomplished I mean it's only for year to see how that works and whether or not it creates an effective change for the community as well to see that that is not how we are voting and what we are doing and and the next board can have the same discussion that is correct yeah I also agree uh either way I'm fine with um whether we rotate or whether we call it out as uh commissioner Kerr said you know we represent each district um for a vote and then you the mayor could be the fifth vote so I'm fine either way if we rotate so it's for the next year I guess I'm just comfortable because that's the way it's been since I've been on the board that's the way I recall the I went back in history it was just something that Carri so if it if this change is ratified it would be something that's been different it would be a a new procedure yes different than custom and I I oppose the change personally um but before we go to that vot it just seemed cumbersome for the city Clark as well because uh historically she would call the whoever made the motion first for their vote whoever second the motion motion second she would at will CH select the other two Commissioners and the mayor last and it just seemed to have a flow and work to it and I don't see a big issue as far as the mayor being able to cast a a uh an opposing vote just for political reasons or whatever however you want to put so I'm I I I mentioned what I what I thought on the on that so I have a question then um Robin or Mr tras um would you have an idea of other communities and their customary way of doing it are we talking about doing something that is far different than other people in this case I think that the change is not going to affect this Commission because this commission doesn't have the issues that um commissioner tagini is talking about but do other municipalities vote in this manner my recollection is yes there are other municipalities I don't know if it was City I believe it was city of Tarpon Springs and city of Denon that have done that in the past um but they're they're bigger cities obviously and um but that's my recollection it's been a while so but many cities do do the rotation as well and so I think more do that than have the mayor as the last vote but we'd have to when I looked at I saw were like we were doing it now but I did see where they was doing yay and nay and you know different ways they were just doing it different I think and this is a time where you rewrite your rules you're right you're correct on that Robin uh but I did see yay and nay too right I will tell you that other there are few cities where usually the mayor votes less um or that's how it's designed when you have the mayor cast a tiebreaking vote so the city that IE that I came from a mayor plus six Commissioners but the mayor only voted when it was a three3 vote so which is not what I would recommend or Advocate because that's can be very political but that seems to be kind of more common to have the mayor vote last um but again as you stated however you would like to proceed um you're never go if it's a rotation I think you avoid what commissioner tagini said um you are making a change if you go to this but I don't think it's a huge change that has a negative uh impact I think it has a little little bit more positive but changes change and we all kind of handle change a little differently okay um well we'll set that to the side for for a minute um because once we make the vote to either ratify the changes or or to take exception is it like the vote we took on the second reading of John's Pass village where you if you vote against it none of the changes happen and you can't go go back to it that's correct so this is this is the time to get a consensus from the commission as to all the changes to make your Mo and make your motion subject to that consensus okay if you're not happy with the consensus make your motion and and see if it it passes only three I have a another question before we do that um and it has it has to do I handed out the email that I mentioned or that you had given me um advisement on to bring to the Commissioners and ask what to do and it is subject two um page 239 section five uh commission conduct with other public agencies I guess well I guess maybe it's not a public agency because it's the um it's the um lobbyist but again it would be the email that I passed out had to do with could I have coffee with the lobbyist and discuss items that were on my mind personally now I included the full email so you'd see what that is this may be something that we take up at a workshop actually the information that's in that this the subject but the but the reason I bring it up here is what how does the board feel about a single board member to talk with over coffee about different items that how a resident might have I don't think there's any restriction I can't or no one can ask them to do anything but it but it um you know would have to come back to to the board the board would have to tell them to do something or the city manager bring it to the city manager the city manager has that right and ability to do that um but I want why don't we bring that up at the end end of the meeting and we can discuss that a little bit more but I wanted to reference this subject this section so that you knew what I was talking about when we when we did that um as far as the motion I'd like to make the motion to make the changes as presented with the exception of the rotation of the vote okay do we have a second on that I'll second okay that was second and city clerk we call the role please yes commissioner Kerr yes commissioner MC yes vice mayor Brooks no mayor rosc yes commissioner tagini no the motion carried three to two all right thank you next up uh the one item was pulled so we're now at up to 14b RFQ 2312 planning services to create and Implement a new city master plan yes hello and good evening so we are bringing forward RFQ 23-12 is the master plan uh in your packet we have the updated scope of services that's on pages 299 through um 310 and that has the updates from our last workshop and then also in your packet uh you will see the Consulting and Design Services agreement with kimley horn and that's on pages 311 through 3 19 we also have Hannah schaer here with kimley horn if you have any questions so this would just be a motion to approve the agreement uh and the scope of services in the agenda packet okay first up is there any a public comment on this all right public comment is closed nobody came forward Commissioners vice mayor I'm just looking forward to the process and hopefully you I I see here that um we have Public public engagement um and Community workshops and a a master plan can't be developed with a lot of that it seems to be a bit Limited in my opinion but I um you have three interactive Community forums over a year but I would imagine they're kind of concentrated at some point after you collect all your data um so I'm just ready I'm excited for the process I am also okay would someone like to make a motion I'd like to make a motion to approve the RFQ 2312 planning service to create and Implement a new city master plan do we have a second I'll second just want to make sure that that motion would include the Consulting and Design Services agreement and the scope of services that are in the agenda packet too yes it does thank you I'll second all right thank you city clerk will you call the role please vce Mayor Brooks yes commissioner Kerr yes commissioner tarini yes commissioner mcgean yes mayor rosc yes the motion Carri 5 to zero right thank you next up is item 14 Charlie ITB [Music] 2023-2024 we did talk about this at the March 27th Workshop staff went out to bid for the restoration of the 22 Beach grins that we have out on the beach I can go through all the details again maram I know that you weren't here at the last meeting um we did have nine submittals we then went through each and every one of those found that um spieler companies was the most responsive responsible vendor and staff is recommending approval of the contract I have reviewed everything it looks good thank you is there any public comment on this first though all right no public comment then we will go back to the commission Commissioners would we'd like to make a motion then please I'll make a motion to approve ITB the role please commissioner Kerr yes commissioner tagini yes vice mayor Brooks yes commissioner mcgean yes mayor rosc yes the motion carry five to zero all right thank you all right next up is item approval to uh D approval to Surplus and purchase a truck I believe that's up next yes good evening again uh this is to Surplus three trucks and to purchase a new truck um so we have two trucks that have been replaced we've just held on to because we've had issues with truck number 23 23 is a 2023 Kenworth that we've had a ton of issues with so I'm requesting that we Surplus that truck trade it in for a brand new 2024 rearload truck um and with even with the Surplus and the purchase we still will receive 86,000 um let me see $863 28 back to the sanitation fund right is there any public comment on this all right no public comment Commissioners so this is the deal we trade in three get one plus cash for our fund that is correct okay only question I have is it a cabin chassis issue or is it a packer box issue it has been both it has been both currently the most issues we've had with the Packer but originally it was with the chassis okay so I would like to just say that I had the pleasure of riding along with sanitation for two days um I went out one day in the claw truck and got the opportunity to experience the residents interacting with the driver and just the amount of work that they do in the claw truck on the um when they pick up the yard waste and what the other truck does when it is picking up the smaller piles by hand you it's very impressive and the second day that I went out I was able to ride along and watch the trash commercial pickup um I would encourage anyone on the commission to take the time to go out it is unbelievable the amount of work that those men do and what they have to push and pull and it's it was really an incredible day both days um so Kudos which you know I I mean they work hard that is hard work and some of the um the dumpsters that they're pulling out of these enclosures they are the dumpster itself weighs a couple hundred pounds before you ever put anything in it and they're not pulling it along smooth concrete or pavement they're pulling out where there are rs where they fall into the r where they have to physically pick them up they can hundreds and hundreds of pounds and the staff that we have that works in sanitation I think we're really lucky and the amount of work we that they do if we go back and think about when we discussed um the possibility of considering Outsourcing our sanitation there is no way in my opinion that any other company would provide us the level of service that that small group of people it's all men now except for you and um al Ally it just I can't even impress on you that when you see them be sure that you thank them and watch what they're doing just sit back and it's outstanding thank you they had fun with you out there with them amazing it was fun any other comments in reference to the or uh the approval and and I think director webford has taken lemons to made lemonade because those were definitely lemons what she's explained so um do we have a motion then I would like to make a motion all right for approval to Surplus and purchase appr of the Surplus and purchase okay thank you all right do we have a second second all right thank you city clerk we call the role please vice mayor Brooks yes commissioner tangerini yes commissioner Kerr yes commissioner mcgean yes mayor rosc yes the motion carry five to zero okay thank you next up is item e is an echo engagement letter for magistrate services to the attorney that you yes mayor thank you so in in packet is the engagement letter for the special magistrate Mr Valdez you remember he's been your special magistrate since 2016 um we need to appoint him on an annualized basis the hourly rate that he is requesting is $190 per hour that is the same hourly rate that he's been doing this since 2016 he has not included an increase so um I think that the rate is very very fair um I would ask that you if um if you would approve this special magistrate agreement and so that the city manager can go ahead and executed we do have special magistrate hearing coming up and we need to make sure he's in place by that time all right thank you is there any public comment on this all right public comments closed only comment I have is I've attended several meetings he seems to be a straight shooter and very fair very fair person agree other Commissioners any comments do we have a motion then with the engagement letter for magistrate Services approve I move that we approve the engagement letter uh with city of Mader Beach for the magistrate do we have a second a second thank you city clerk we call a role please commissioner tagini yes commissioner Kerr yes commissioner mcgean yes V Mayor Brooks yes mayor rosc the motion carry five to Z all right next item up is new business and we have nothing there so then we'll go to agenda setting well would the new business be what I was talking about on the letter or did you want to wait I guess we could talk about it now yeah well as I mentioned um City attorney tras recommended that I speak to the board on this before I make any gesture so the uh email that you see that I had planned to send to RJ um is all there but basically to meet with him he he offered at the legisl legislative update meeting um to have a coffee sometime like to do that um I wanted to send this as a prefer pref preface to that meeting um as one of the items I'd like to talk about what I could do and is that just put on there I want to send it well two two questions should I send that for a personal email um it's the city lobbyist he knows that I'm a commissioner or do I send it as the commissioner and state that this would be this meeting would be as a representing a private citizen um or not be concerned about either but could bring up the the topic at a workshop and see if it's something that the board would like to actually engage the lobbyist in or not I don't know if you've had a time to think about any of that but um I don't just want to get a discussion on that okay uh using your personal email I would say no because that exposes your personal email to the public so I would say definitely use your City email address I wouldn't have any quals you may can contact I don't know how anybody else feels I have no objection I don't have any objection I the only thing I would ask is and I've quickly read this um what you sent to the senator you sent that as your personal conversation if you're going to speak with the with our um Lobby lobbyist um in you're speaking as a commissioner I do think we should discuss what's the content of this that the board agrees with what you're advocating for our lobbyists to do on that no it would be a different type of meaning I guess yeah I don't have any issue um I know that in as far as developing relationships with um anyone in our political world that represents our city or our County because I know that in past commissions relationships that were forged from here with those different people are why we have money allotted to us in in certain cases so I think that having the relationship is very important and I I actually think I mentioned that in in the you did earlier in the email that that it's it wouldn't be the first time because I know prior Mayors have made relationships I think I I think if I maybe now that I'm thinking how I worded it um meeting with RJ I would support because if I wanted to meet with him I would hope that that would be supported by the commission also um but if there are things that you feel strongly about that we should be really advocating for then we should put those on the agenda and discuss them openly so that we can push for that to be advocated for us in alasse well maybe we should do both yeah maybe on there yeah go ahead and do what I was going to do yep but that we could put this on a workshop at at next month I think that's a great idea what's the specific I'm sorry the agenda topic the agenda topic would be um to advocate for um additional Homestead okay rights basically is what it is okay um you know financially supportive of Homestead Properties I think when you talk to him the benef the what you can get out of him and sitting down with a one-on-one is um understanding whether or not he believes those issues would have a chance in Tallahassee based on the political climate that's going on there now or you know that would be other things he'll know other things that are going on he may he may look at this and say there's no way because you when you combine two even though they both deal with homestead and property taxes but I point out that it's been done before so it's you know I don't know I have a lot to learn but I I wanted to start that with a conversation so okay if um everyone agrees I'm GNA go ahead and reach out to RJ and um I'm not gonna ask him to do anything I just want to get us feedback just so all of I mean there is nothing precluding any of you from requesting to meet with really anyone uh that's other than each other well right but it's been occurring for many many years it will occur for many years into the future as was brought up earlier you have one-on-one meetings with myself and so it's sort of similar to that but yeah you can meet with any elected official whether um except up here but with anyone on the county another city the state federal um we do typically have some coordination for that but it does not have to be there's nothing stating that you have to have that but it's always good for well for myself or um or the attorney if you have any legal questions but to know that so it's something that we can add just as you're discussing out a future agenda or anything that you would like letters to be written either on behalf of the city through the mayor um or or myself as well so always good to coordinate whatever areas you would like to have our lobbying firm as R.J spoke I think it was at the October work or workshop at toward the end of 23 maybe November um he's available to meet with each one of you individually right okay well I was just I thought it was very opportune to bring it and that's why I wasn't on an agenda item to bring it up tonight since we were going over the policy handbook and making sure I wasn't reading something that was going to be problematic yeah so um very good thank you and commissioner Kerr can I get a copy of that email to go into meeting you can have the copy I havek you I didn't I don't think I got a copy I I I only made five copies I wasn't thinking I knew the city manager and City attorney already had copies unless the City attorney emails it to I'll just I'll hand you this one all right next up then is the agenda setting for our Workshop we have ordinance 20242 accessory structures to Bicentennial Park usage residential parking beach chairs umbrellas on the sand in front of Caddy's restaurant Readington Beach's EMS station funding agreement updates to the fence code and John's past Village zoning and then we're going to add and this item right here else to add I do want to bring up um some thoughts on the marina but we don't have to do it at this Workshop is it too early for that no let's let's add it sure um yeah as far as the marina development I don't there's some things out there that I think could be done quickly um that if we all agree on I don't know that would really be covered and we don't want wait a year for the master plan um some some of the some of the items and then overall just talk about what our Visions may be and what we if you don't have a vision you can't create a plan to go back to the state and ask them for approval so um when you're talking about our city marina City Marina okay so just some thoughts absolutely we can talk about that a little bit that's all I have okay anybody else that want to add anything all right next up is reports and correspondence Board of Commissioners have anything all right City attorney you have anything sir yes I just wanted to um remind you that I issued two memos this month one on the end of the legislative session uh and if you had any questions about that let me know um and I also provided you with a memo relative to a Supreme Court case relative to social media uh the use of that um again if you have questions about that let me know uh but I want to just remind you that that those memos were issued so okay that's all I had mayor thank you all right thank you city clerk you have a report for us I do I didn't have any history to go in there this time but I do next month because I was um as we were scanning the old uh packets and all uh I was SC we were scanning the some of the the Planning Commission meeting packets and there's an interesting thing in there about uh the voters did an initiative and put it on the ballot in 1980 and approved um limiting the building height by three stories and in the R3 Zone and there was something else too but I don't know how that stands today but it was very interesting because it's part of our history and I'll put all that on there you can read it and attorney may add some information to it all right well thank you in the in the city clerk's um section she gives us a calendar and I just wanted to bring up that on September 25th we have a regular Workshop meeting it looks like September 25th Wednesday I will not we have a special meeting that same day too what is that that's the millage rate it's yeah for the budget for fiscal 25 budget I won't will not be available on that date so I don't know if that could be I think we could probably have this back well I don't know when the county and Laughlin would have to I don't know if we could bring it up any [Music] sooner we have to adopt hours after the county and the school board well we just can't conflict I think with their meetings I don't think there's an order to it but we just don't want to conflict and have the meetings on the same evening or same date I know September 11th I'm fine so I don't know if everything could be condensed under the 11s we have to have two have to have two separate two readings yeah two public hearings I mean I guess we could check for an alternate date if that works either Tuesday would Tuesday September 24th no it would I can I can get with you one onone and we can talk about sure options and if it can be worked out great are you unavailable all week would the 26th work it basically all week's GNA be an isue fine I just thought I'd asked I think we can get this worked out we have plenty of time thank you for the very advanced notice thank you thank you all right city manager what do you have for us sir just reminders of upcoming meetings or events we will begin this Saturday uh April the 13th with the first John's Pass Village and Boardwalk zoning public Workshop right here at 10: a.m and then the ne the next two are scheduled for Thursday April the 18th uh at 10: a.m. I'm forget the time frame and then Saturday uh April the 20th um here is as well uh at 1 p.m. after we have our hurricane and turtle Expo that morning that begins at 10:00 a.m. that's from 10: to noon and then the third public workshop on the John's Pass Village zoning beginning at 1 pm on Saturday April 20th on the following Monday we will have an Earth Day event Monday April the 22 beginning at 6:00 pm and that's a beach cleanup from archabal down to John pass Park and we have various of our partners our beautification partners from the trash Pirates trash Turtles Coastal Crusaders keep pelis beautiful participating in that event so we encourage people to come out and help us keep our city as clean as possible and then on the 25th 26th and 27th right at Rock Park will be the King of the Beach Fishing Tournament I invite everybody to come out and be music there'll be Raffles lots of boating and nautical vendors and craftware and other items and lots of food so come out and watch the fish get weigh on Saturday afternoon evening the 27th and the 26th is our final Friday for the month of April at John's Pass Village all right thank you now thank you Commissioners do you have anything else go ahead one question Robin yes um in a uh several meetings back when attorney tras had given us the um ethics complaint filed against the past commission had been dismissed and no ethic violations were found I had asked you what was the cost to the city to defend that we had through the end of February it looks like just under n just over 19,000 dollars in legal expenses to the TR danal uh firm I don't think I I'll check again but that's what had been provided by their staff I just wanted to make that I'd had um several requests for what it cost the city um for an unsubstantiated ethics complaint thank you okay anything else time is 7:21 p.m. we'll adj J then