Board of Commissioners Regular Meeting

THE CITY OF MADEIRA BEACH, FLORIDA PUBLIC NOTICE BOARD OF COMMISSIONER REGULAR MEETING MINUTES The Board of Commissioners of the City of Madeira Beach, Florida will meet at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida to discuss the agenda ~ems of City Business listed at the time indicated below. 6:00 P.M. TUESDAY, APRIL 9TH 2013 AUDITORIUM CALL TO ORDER: The Meeting was called to order at 6:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE: Commissioner Terry Lister ROLL CALL: MEMBERS PRESENT: Travis Palladeno, Mayor Robin Vander Velde, Vice-Mayor Terry Lister, Commissioner District 1 Nancy Hodges, Commissioner District 2 Nancy Oakley, Commissioner District 3 STAFF PRESENT: Shane Crawford, City Manager (CM) Thomas Trask, City Attorney (CA) Vince Tenaglia, Finance Director (FD} David Marsicano, Central Services Director (CSD) Derryl O'Neal, Fire Chief (FC) Deputy Don Klase, Community Policing Unit (CPU) Aimee Servedio, City Clerk Pro Tern (CCPT) APPROVAL OF THE MINUTES: February 12, 2013 Special Workshop, Agenda Setting and Regular BOC meeting February 26, 2013 BOC Workshop Motion was made to approve the minutes as written by Commissioner Lister, and was seconded by Commissioner Hodges. ROLL CALL: Commissioner Lister.................YES Vice-Mayor Vander VeIde...... ..................... YES Commissioner Hodges..............YES Mayor Palladeno........................................YES Commissioner Oakley............... YES APPROVAL OF THE AGENDA: Motion was made to approve the Agenda as written by Commissioner Hodges, and was seconded by Commissioner Lister. ROLL CALL: Commissioner Lister.................YES Vice-Mayor Vander Velde........................... YES Commissioner Hodges..............YES Mayor Palladeno ........................................YES Commissioner Oakley...............YES  The City of Madeira Beach, Florida Board of Commissioners Minutes SPECIAL RESOLUTIONS: A. RESOLUTION 2013-14: A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA PROVIDING THE RESULTS OF THE MUNICIPAL ELECTION SCHEDULDED TO BE HELD ON MARCH 12, 2013; PROVIDING FOR READING BY TITLE ONLY; AND BY PROVIDING FOR AN EFFECTIVE DATE CA Trask read Resolution 2013-24 by Titie only. Motion was made by Commissioner Lister that the Commission pass Resolution 2013-14, and was seconded by Commissioner Hodges. ROLL CALL: Commissioner Lister.................YES Vice-Mayor Vander Ve Ide........................... YES Commissioner Hodges.............. YES Mayor Palladeno ........................................YES Commissioner Oakley............... YES INTRODUCTIONS-PRESENTAT IONS A. INSTALLATION OF ELECTED OFFICIALS: City Charter, Section 4.8, Induction of Board of Commissioners into office at the first regular meeting following the election Commissioner District 3 Elaine Poe Elaine Poe was sworn in by CA Trask as Commissioner for District 3. Commissioner District 4 Patricia Shontz Patricia Shontz was sworn in by CA Trask as Commissioner for District 4. B. RECOGNITION OF ELECTED OFFICIALS: Commissioner District 3 Nancy Oakley for serving for 6 years, March 27, 2007 to April 9, 2013 Mayor Palladeno stated that Commissioner Oakley had to leave, and that he would present her trophy from the City at a later time. Vice Mayor/Commissioner, District 4 Robin Vander Velde for serving 2 years, March 22, 2011 to April 9, 2013 Mayor Palladeno presented Vice Mayor Vander Velde with a trophy reflecting the City's appreciation for her 2 years of service. C. PRESENTATION MADE BY FIRE CHIEF O"NEAL: Promoting of Firefighter Steve Suranyi to Lieutenant Chief O'Neai stated that he had two announcements to make, both which concerned Firefighter Steve Suranyi. FC O'Neal said that Steve has been with the Fire Department for almost 7 years, and is always ready to help where needed. When it came time to elect a Firefighter of the Year his peers selected him for the honor. The second announcement the Chief had was not a surprise to Steve, as he had been acting Officer for the past year. Steve recentiy went through an assessment that he did very well on. FC O'Neal asked the Mayor to assist him in pinning a 2 April9,2013  The City of Madeira Beach, Florida Board of Commissioners Minutes new badge on Steve Suranyi raising him to the rank of Lieutenant. Mayor Palladeno thanked the entire Fire Department. 1. PUBLIC COMMENT (limited to 5 minutes): NONE 2. CONSENT AGENDA: Motion was made by Commissioner Shontz to accept the Consent Agenda as written, and was seconded by Commissioner Lister. A. SPECIAL EVENT REQUEST: Special Event Permit for the Old Salt 43rd Annual LOOP Billfishing Tournament & 3rd Annual 102.5 The Bone Fishing Slam hosted by the Old Salt Fishing Foundation Tom Verdensky, President of the Old Salts Club gave a brief overview of the Old Salt 43rd Annual LOOP Billfishing Tournament & 3rd Annual 102.5 The Bone Fishing Slam hosted by the Old Salt Fishing Foundation. He stated the 102.5 The Bone Fishing Slam was a free fishing tournament with over $10,000 in prizes. Mayor Palladeno and Commissioner Lister thanked him for the great job he does raising money for charities and getting the whole community involved. B. SPECIAL EVENT REQUEST: Special Event by Overhead Surf Shop, located at 12951 Village Boulevard, to hold the Overhead Skim Classico, a skim board contest, to be held at South Beach Park on May 5, 2013 There was no Representative for this event present. C. SPECIAL EVENT REQUEST: Special Event Permit for the 28th Annual Madeira Beach Triathlon on June 1 through June 2, 2013, hosted by the Florida Race Place Fred Rzymek was here to represent this event. He stated that this would be the 281h year this event has taken place, and went on to describe the type of races that would be going on including the youth Splash and Dash. Mayor Palladeno thanked Mr. Rzymek for continuing this event. ROLL CALL: Commissioner Lister.................YES Commissioner Shontz.................... ............ YES Commissioner Hodges..............YES Mayor Palladeno .......................................YES Commissioner Poe...................YES 3. APPOINTMENTS A. SELECTION OF VICE-MAYOR Motion was made by Mayor Palladeno to nominate Terry Lister for Vice Mayor and was seconded by Commissioner Shontz. Mayor Palladeno congratulated him on being voted into the third position at the Florida League of Cities. Commissioner Lister accepted with gratitude. ROLL CALL: Commissioner Lister .................N/A Commissioner Shontz...... .............................YES Commissioner Hodges..............YES Mayor-Palladeno ........................................YES Commissioner Poe...................YES 3 Apri19,2013  The City of Madeira Beach, Florida Board of Commissioners Minutes 4. BIDAWARD A. APPROVAL OF BID AWARD FOR 2013 FIREWORKS CM Crawford stated that the budget allows for a $26,000 fireworks show which includes the barge. Last month they comically asked Mr. $peeler if he would donate the barge. They don't have it donated as of yet, but they have unofficial offers to sponsor that barge. The dilemma is the company needs to know if the City wants $21 K or $26K worth of fireworks. Motion made by Vice Mayor Lister that they award $26,000 to Fireworks Displays Unlimited with the understanding thata barge is to be donated, and was seconded by Commissioner Poe. ROLL CALL: Vice Mayor Lister .................... .YES Commissioner Shontz................................ YES Commissioner Hodges..............YES Mayor Palladeno........................................YES Commissioner Poe ...................YES B. APPROVAL OF BID AWARD FOR CLEANING SERVICES FOR THE CITY OF MADEIRA BEACH Motion was made by Commissioner Shontz to award the bid to USSI and to allow the CM to enter into a contract. This was seconded by Commissioner Hodges. Vice Mayor Lister also made a comment to the CM thanking him for the substantial savings. CM Crawford stated that the cleaning service had been without a contract and by bidding it out there was about a $25K in savings. ROLL CALL: Vioe Mayor Lister .....................YES Commissioner Shontz................................ YES Commissioner Hodges.............. YES Mayor Palladeno........................................YES Commissioner Poe ................... YES 5. CONTRACTAWARD A. APPROVAL OF CONTRACT WITH DEUEL AND ASSOCATES, ENGINEERING SERVICES Motion was made by Commissioner Poe to approve the contract with Duel and Associates, and was seconded by Vioe Mayor Lister. Commissioner Shontz also stated that some years ago the City had a contract with this company and it worked out well. ROLL CALL: Vice Mayor Lister .................... .YES Commissioner Shontz................ ................ YES Commissioner Hodges..............YES Mayor Palladeno........................................YES Commissioner Poe...................YES 6. UNFINISHED BUSINESS A. ORDINANCE NO. 2012-10: A SECOND READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA AMENDING SECTION 66-74 OF ARTICLE Ill OF CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH, FLORIDA TO ADD JOHNS PASS PARK (SOUTH BEACH) PARKING LOT TO THE LIST OF CITY PARKING LOTS IN WHICH PRIVATLEY OWNED MOTOR VEHICLES, UP TO 18 FEET IN LENGTH, SHALL BE PERMITTED TO PARK, WITH LIMITATION AND APPROPRIATE PERMITS; AND PROVIDING FOR AN EFFECTIVE DATE .. CA Trask read Ordinance 2012-10 by Title only; this was the second and final reading of Ordinance 2012-10 by Title only. Motion was made by Commissioner Hodges to pass Ordinance 2012-10, and was seconded by Commissioner Shontz. 4 April 9, 2013  The City of Madeira Beach, Florida Board of Commissioners Minutes ROLL CALL: Vice Mayor Lister .....................YES Commissioner Shontz................................ YES Commissioner Hodges.............. YES Mayor Palladeno........................................YES Commissioner Poe ...................YES 7. NEW BUSINESS A. RESOLUTION 2013-12: A RESOLUTION SUPPORTING AND ENDORSING SECRETS OF THE SEA MARINE EXPLORATION CENTER AND AQUARIUM. CA Trask read Resolution 2013-12 by Title only. Mayor Palladeno asked Lari Johnson to come to the Podium, and give an update on the Aquarium. Ms. Johnson stated that on April 23rd they will be making a major announcement for the Aquarium. She stated that when completed Secrets of the Sea will be 13,500 square feet of interactive exhibits, and is projected to attract 250,000 visitors annually. It will also have an 8 million dollar economic impact on the City. She said that she wanted to publicly thank the City of Madeira Beach and in particularly Mayor Palladeno's and CM Shane Crawford's constant assistance and support over the last 2 years. CM Crawford let them know about a Federal Grant that has become a major part of their financing package. Motion made by Vice Mayor Lister for the City of Madeira Beach to pass Resolution 2013-12, and was seconded by Commissioner Poe. Vice Mayor Lister stated that it is going to reach about 40,000 students each year and that is great. ROLL CALL: Vice Mayor Lister .....................YES Commissioner Shontz................................YES Commissioner Hodges.............. YES Mayor Palladeno........................................YES Commissioner Poe ................... YES B. RESOLUTION 2013-13: A RESOLUTION REQUESTING PRIOROTY DISPATCHING PHASE 3 NOT BE IMPLEMENTED UNTIL AT LEAST 45 DAYS AFTER THE FINCH STUDY IS RELEASED. CA Trask read Resolution 2013-13 in its entirety. Motion made by Commissioner Shontz that Resolution 2013-13 be passed on first and final reading, and was seconded by Commissioner Poe. FC O'Neal stated that they were against anything that will delay First Responder ALS to the citizens of Madeira Beach and thanked the Commission for being the first to pass a Resolution of this kind in the County. Vice Mayor Lister wanted to say that they were getting less service and paying more money, and not having the option of using their own Firefighters. ROLL CALL: Vice Mayor Lister ..................... YES Commissioner Shontz................................YES Commissioner Hodges ..............YES Mayor Palladeno ................................ ........YES Commissioner Poe ...................YES C. SECOND PUBLIC HEARING RELATING TO A DEVELOPMENT AGREEMENT A SECOND READING OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MADEIRA BEACH AND GULFWATERS LAND DEVELOPMENT, LLC.: THE CITY OF MADEIRA BEACH INTENDS TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GULFWATERS LAND DEVELOPMENT, LLC, TO BUILD A RESTAURANT ON PROPERTY GENERALLY LOCATED AT 14080 GULF BOULEVARD, MADEIRA BEACH, FL 33708, [PARCEL I.D. #10-31-15-34344-001-0010), AND LEGALLY DESCRIBED IN EXHIBIT A. THE PROPOSED BUILDING HEIGHT IS 32.83 FEET ABOVE THE BASE FLOOD ELEVATION (BFE). THE PROPOSED BUILDING IS ONE 5 April 9, 2013  The City of Madeira Beach, Florida Board of Commissioners Minutes OCCUPANCY LEVEL OVER PARKING. THE DEVELOPMENT INTENSITIES OF THE SITE ARE AS FOLLOWS: A MAXIMUM GROSS BUILDING AREA OF 47.7%, A FLOOR AREA RATIO OF 49.2%, AN IMPREVIOUS SURFACE RATIO OF 64.9%, AN OPEN SPACE AREA OF 52.3%, A VEHICULAR USE AREA OF 51.5%, AND A LANDSCAPE AREA OF 22.3%. A TOTAL OF 54 PARKING SPACES ARE REQUIRED AND WILL BE PROVIDED ON-SITE AND THROUGH APPROVED OFF-SITE PARKING ARRANGEMENTS. CA Trask gave the second reading of the Development Agreement between the City of Madeira Beach and Gulfwaters Land Development, LLC. CM Crawford stated that an older version of the contract was accidentally placed in the packet; he apologized, and brought their attention to the bottom of page 4, and said that they were taking out the word •not". Also on page 5 there was a typo, and it should be 'built" not "build". CM Crawford also refers to the staff report and stated that it is incorrect citing that the tape of the 2nd Planning Commission was cut off. The PC originally voted down the plan, but ultimately did approve it with the 54 parking spaces. Motion was made by Commissioner Poe to approve the Development Agreement between the City of Madeira Beach and Gulfwaters Land Development, LLC. as approved by the City Manager, and was seconded by Commissioner Shontz. CM Crawford stated that it was time to introduce the owners of the restaurant. Mr. David Becker, Mr. Doug Nanny, and Mr. Steve Westfall are all here, and have a short presentation. It may answer some questions and then open it up to the public. Steve Westfall stated that he has owned and operated the Waterfront Pub on Indian Shores for the last 15 years. He said he resides in Downtown St. Petersburg where he also has several more establishments, among those the Cafe Gala in the Dali Museum. He was happy to have the opportunity to operate a restaurant on the sand. He also said that they will be serving sustainable Gulf seafood. Mr. Westfall said that he hoped to bring a Crown Jewel to the City of Madeira. Vice Mayor Lister asked if they had any idea what the walk up traffic was going to be. Jt was stated that it would probably be about 25%. Commissioner Shontz said that she has known Steve since he was a teenager, and if his name is attached to it, that it will be a quality place. Marilynn McGinley, North Bayshore, and PC Member: She was speaking on her own behalf and not that of the Planning Commission, and that she was delighted with the restaurant. Her concern is that with the addition of restrooms to Kitty Stuart Park that it will encourage the homeless and prostitution that can be a problem there. While she appreciated the fact the developers want to improve the park, she is opposed to the addition of the restrooms. She asked CA Trask about the Variance for the 15 parking spaces, and was told that if the agreement was approved that the Variance would also be approved and there would be no need for a Special Magistrate. She wanted to encourage the Commission to uphold the 54 parking spots and eliminate the restrooms. John Stonebreaker, 80 - 137111 Avenue Circle: States that he is in favor of the restrooms and the restaurant. Steve Kochick, 15301 - 2nd Street: Stated that we live on a barrier Island and there is just not room to do it any other way. Although it looks like a special deal it is the only way this will be possible. This is a great project, but it can't be done for everyone, this is a very special project. Housh Ghovaee, 423 - 150th Avenue: He stated that whatever restaurants that Mr. Westfall has been involved in are excellent. It would be great to have a great restaurant on Madeira Beach. Let the owners worry about the parking, if it is not adequate they will be the ones to suffer the consequences. Guy Critelli, 13025 Pelican Lane: Stated that he applied for many Variances, but was denied. He is very happy for the restaurant and their opportunity, but it was not fair to give them City land. Cm Crawford clarified for Mr. Critelli that the developer was giving the City 5 feet not the other way around. II will be metered and the City will collect the revenue. Pete Trott, 378 - 145th Avenue: Stated that we have a lot of good restaurants on Madeira Beach, but this one will be top notch. We needed a fine dining restaurant. 6 April9,2013  The City of Madeira Beach, Florida Board of Commissioners Minutes Lari Johnson, with the Secrets of the Sea Marine Exploration Center stated that Steve Westfall never hesitates to step up to the non-profits in Pinellas County. The idea of serving sustainable seafood from the Gulf ties in beautifully with Secrets of the Sea, and would be great to work together. Dr. Ed Schroeder, 14130 Gulf Blvd.: He handed out a Special Magistrate handout. Stated that he knew Kitty Stuart, and does not think she would approve of the use of her park donation. He also questioned if there were any deed restrictions, and if was even legal for the City to make this Development Contract. He also had concerns with the hygiene liabilities of the public restrooms, and the City to maintain it. He also wanted to know why the Special Magistrate procedure was not followed. He stated that this will have a major impact on the surrounding neighborhood. He wanted to bring to the attention of the Commission the Special Exception uses in the Code of Ordinances (handout) Chapter 110 Zoning, Article 4, Section 121 Authorization by Special Magistrate, stating that special exception uses shall be permitted only by Special Magistrate. Jim Madden, 133-140th Avenue: Yielded his time to Dr. Schroeder Dr. Ed Schroeder, 14130 Gulf Blvd.: He stated that he would like to see a recommendation from the Special Magistrate to protect the City, and the adjacent property owners. He is concerned that people on the balcony can see into the homes of the condo owners. He also states concerns about noise, and traffic incidents. The parking requirement requires a Variance, and a hearing. He knows Steve Westfall he is a good person, and has great restaurants. He states that is not in question. He went to Caddy's and was told that on any day there were 2-3,000 people there. It will have a huge impact on-the beach. Arthur Clarke, Arena Condominiums: He lives at the 4th floor level, so he will be looking at the A/C units, and smelling the odors from the exhaust vent. He spoke to the Developers who told him it would be too expensive to change it now. They did say that they would put in the best fans available to eliminate odors. He does not want to smell the odors when he is on his balcony. He also asked that they not use any amplified music, and again was given no specific answer. He thinks that they should have to close the outside bar at 10:00 p.m. and move everyone inside. He assumes that there will be a Variance to allow parking until midnight at Kitty Stuart Park. He was also concerned that alcohol and food in plastic containers will be allowed to leave the restaurant and he feels this needs to be stopped. Jan Stach, 728 Sunset Cove: She stated that this was a community, and she has been listening to these gentlemen and all she heard was I, I, I. Madeira Beach is a growing Community with young people. Deby Weinstein, 441 - 129th Avenue: States that she was interested in Dr. Schroeder and would like to yield her time to him. Dr. Ed Schroeder, 14130 Gulf Blvd.: Wants to build a 5400 square foot per floor Condominium here in Madeira Beach. He also wanted to thank Commissioner Poe for cleaning up the undesirable mess across the street. He3 hopes that they won't return to the Kitty Stuart restrooms or in front of this proposed restaurant. He stated that a Tiki bar is nice, but it will have a major impact. He stated that at Caddy's there were 200 cars parked there on Good Friday. The Caddy's Staff has to park far away. Where will they park for this restaurant? How will people sleep? The R-3 mixed use zoning is dangerous. Tom Poe, 353 - 144"' Avenue: Stated that he has traveled the beaches all throughout Florida, and there is not enough parking on any of them. Get over it. We need a restaurant like this one. He says he likes burgers and beer as much as the next person, but that it would be nice to have a steak and a scotch. Make this happen. Tim Church, 13413 Boca Ciega Avenue: He stated that he is one of the newer residents of Madeira Beach. It is a diverse area, and that is what he likes about it. His house has been full of family visiting from all over and they wanted to eat on the beach, and they had to go to Caddy's. He would love to have a place that they could walk to and have a nice time. This is not designed to be another Caddy's. Robin Stach, 728 Sunset Cove: Stated that he was a Native Floridian, and he thinks a restaurant on the beach would be great. It is the Commissions job to decide. 7 April 9, 2013  The City of Madeira Beach, Florida Board of Commissioners Minutes William Marsh, 114200 Gulf Blvd.: He owns the Shoreline Motel and he had the Flamingo bar south of him. He was up every night until 2:00 a.m., and he had no control over it. He stated that it is devastating to an adjoining property. Ashok Panda, 14110 Gulf Blvd.: Kitty Stuart Park is full all day especially on the weekends, and parking will be a big issue. He has called the City numerous times about the homeless people living in the park. He is a heart patient and feels that the noise will keep him up. He stated that the property value on his condo will drop and that will affect the City's taxes. There will be no parking for delivery trucks except in the middle of Gulf Blvd. He also said that the lighting will have an impact to the Sea Turtles that Jay their eggs on the beach. He is against the restaurant. ROLL CALL: Vice Mayor Lister .....................YES Commissioner Shontz................................ YES Commissioner Hodges..............YES Mayor Palladeno........................................YES Commissioner Poe ................... YES There was a recess called at 7:45 p.m. and the Meeting reconvened at 7:56p.m. Mayor Palladeno made a mistake in allowing people to yield their time. He stated that people were limited to one 5 minute statement, and apologized for the confusion. D. AUTHORIZE THE CITY MANAGER TO PROCEED WITH CITY HALL PROJECT--PHASE 1, PHASE 2 OR BOTH. CM Crawford stated that there was a document in the back of the room called City of Madeira Beach Tentative Capital Improvement Projects, for the benefit of the Commission as well as the public. He said that even though it is a generic document it is meant to give some assurances that one project would not be negated or neglected for another. CM Crawford then went over the list, and explained where the funding sources were coming from. They just found out today that they qualified for a $322K grant to help with the funding for the Marina dock improvements. They have also applied for grants for the Transient Docking at John's Pass. He said that there is rhyme and reason to what they are doing. CM Crawford then went over the steps that the Commission was going to have to take tonight. 1) To identify the project as being Phase I, Phase 11, or both (Item D). 2) Is to hire Bond Council (Item E). 3) Pass Resolution 2013-10 (Item F}. 4) Pass Resolution 2013-11 (Item G}. 5) Approve the contract with Wannemacher and Jenson. Motion was made by Commissioner Shontz to proceed with both Phase I and Phase 11, and was seconded by Commissioner Poe. Vice Mayor Lister stated that it couldn't be a better time to borrow the money for this project. Kudos. Jim Madden, 133 -140th Avenue: Asked the Commission to consider taking time and to delay these items. Secondly instead of improving the ball fields, and do neighborhood projects first such as drainage. He stated that he had been involved with Bonds before, and they will take a close look at the City. Initially the RFQ went out for a new City Hall, Fire Station, and a Public Works building. It said nothing about the Rec Center. He said that the City hasn't amended their CIE, which is required by State or the CJP which is required by Charter. It was expanded later in a letter sent to the architectural firm by the CM and was not included in the bid process. He had an email that he passed out to the new Commission members regarding the flooding and ponding conditions. He said to take their time and to use due diligence. Roger Koske, 706 Sunset Cove: Stated that he was against Phase II, but was for the City Hall and Fire Station. He said there is almost enough money to cover to cover Phase I, and the rest could be borrowed from the bank. He is not in favor of going out to Bond. He said that Penny for Pinellas is for non-recurring Capital Improvements and shouldn't be used for Archibald Park that should be funded with the parking meter money only. He doesn't want to see every other Commission after this to be encumbered by this. Peter Pisciotta, 148111 Avenue: He asked if Phase II was in the original RFQ. CM Crawford stated that originally it was not, but the Commission has the authority to change the scope of that, and that they asked for qualifications not for bids. Mr. Pisciotta then asked if it was over $15K, and was told yes. He stated that Vice Mayor Lister campaigned that his No.1 priority was undergrounding the utilities. He questioned the report on Stormwater. The Mayor stated 8 April 9, 2013  The City of Madeira Beach, Florida Board of Commissioners Minutes that at some point you nave to use common sense tne Dottom line on the report was if the City wanted to do everything. They need to make decisions on what the priority is, do they want to maintain what exists, or do they want to enlarge some of the pipes. The report is not complete. Mr. Pisciotta also asked what happens when the payments are factored in. FD Vince Tenaglia stated that there was a long tenn plan that went through all the requirements of the Charter. He also stated that Operating Expenses and Revenues are included, and so were Capital Projects. Mr. Pisciotta wanted to know how they came up with these numbers so fast, but couldn't come up with them over the last 4 or 5 years. The CM stated that the FD just started last March. Mr. Pisciotta stated that there are regulations. CM Crawford staled that the paperwork that Mr. Pisciotta was referring to was the PowerPoint presentation that was given by CPGW on Stormwater. He said that is not the complete report, and that they were looking at the components of Stormwater, maintain the system they have while addressing the more troublesome areas the City has. Seymour Shatz, 631 Normandy Rd.: He stated that there had been no bids on sealing the windows, roof repair, or masonry work. The inspection is full of assumptions on the building. The whole replacement of the building is based on the fact that it will cost more than 50% of its worth. There were no independent inspectors called in. He stated that he found an inspector that has been employed by several other Cities, and offers thermo graphic equipment and digital video for $180 per hour, and how many hours could it take compared to $9,000,000. No one has taken care of this building, and he does not think a new building is necessary. Deby Weinstein, 441 - 129th Avenue: States that she is disappointed in a Commission that would chose to finance a $9,000,000 project that won't benefit the residents. She said that most that came to the previous Meeting that were lobbying for the ball fields were not residents. Some of the speakers that praised the Commissions vision were members of the 9-11 Ad Hoc Committee, and everyone knows how the City is bailing out that project. She quoted the City Manager as saying ''that every purchasing rule has been violated in this project". She says that they have not used due diligence in this matter and urges the Commission to do so. What about Archibald? You approved it then you unapproved it. With all the confusion where does it leave the tax payers? CM Crawford wanted to clarify the statements made about the purchasing of the 9-11 Memorial. When he started as City Manager there were 2 groups, the 9-11 group and the City group. In the early months they recognized it as a City Project, but had already proceeded on. When he made the statement about violating the purchasing rules he felt that it was reasonable to finish the project based on how it was initially started. Armando Castellon, 553 John's Pass Avenue: He stated that he is a Structural Engineer, the building can't meet code. It would be a waste of money. He also said that it makes sense to include the ball fields, and the Rec Center while the contractors are here. He said this is an island, there will be flooding no matter what. The City hall project needs to be done. John Lipa, 399 - 150th Avenue: He said that he was listening to everyone speaking, and they are all passionate about their beliefs. It seems to be all about priorities and they all have different views on what should be done first. If the Commission thinks that it should be done first then do it. CM Crawford stated the speaker makes a very good point, and that all the projects are under way. This just happens that this is the one that came through first. When you hear the analogy of a million balls in the air, that is what is happening here, there are a million balls in the air. In the next 6 months they will knock a few more of the projects out. Robin Stach, 728 Sunset Cove: He told the Commission that they all needed a raise. He also stated that we live in Florida flooding will always be an issue. He stated that he has said it before, but they are the Commission and they were elected to make the decisions. So make one and let's move on. Steve Kochick, 15301 - 2ndnd St. E.: None of these projects are new. The Stormwater master plan is the same as it was 10 years ago. Nothing has changed. We don't have the elevation to move the water from the street to the bay. Every year the budget has a vision of priorities and it has not changed since 2000. He believes that the whole project should be done at the same time. If the fields are not included now it won't get done for another 20 years. If 9 April 9, 2013  The City of Madeira Beach, Florida Board of Commissioners Minutes the projects keep being postponed the price is only going to go up. It is time to pull the trigger. What is the worst that can happen? They don't reelect you. Pete Trott, 378-145lh Avenue: Money was more expensive 9 years ago. The best time to do it is now. June Mohns, 13321 Boca Ciega Avenue: She stated that she understands wanting to move forward and is glad to see it. She thinks that if the Commission wants to have the community behind them that they should take a 90 day hiatus and nail down the costs. She had asked Jeff Larson previously just how much the City could borrow, he told her a lot more since the Millage rate was so low. They need to take the time to include operating and staffing costs for the new building. Stormwater and roads are the priorities. Marv Merrill, 581 Crystal Drive: He stated that Phase I is a necessity with the City Hall and Fire Department, but he asked the Mayor why do we need a new ball field. Mayor Palladeno told him that it was to make it more user friendly, and to give more green space. Mr. Merrill stated that if the fields were so important then why wasn't it in the 5 year plan. All of a sudden in comes an architect and wants to add Phase 11, which is understandable, and putting the City $10 million in debt. He feels that the Commission has not given a lot of thought as to what the financial impact will be by including Phase II. He would like Phase II put on the back burner. Martha Boos, 15316 Gulf Blvd.: She admits that she is not up to date on this whole thing, but we shouldn't be borrowing a huge amount of money to do anything. She stated that the City has been putting Money aside for years. She said the City Hall and Fire Station do need to be done, it is making people sick. Stormwater issues needs to be addressed, and the undergrounding of utilities needs to be done. Flooding makes the property value go down. She said that this architect seemed to come out of nowhere and that when she was on the Commission they talked to 2 or 3. The CM replied that the architects were bid out, there was a Commissioner on the evaluation team, and the Commission approved the architect. ROLL CALL: Vice Mayor Lister .................... .YES Commissioner Shontz................................ YES Commissioner Hodges..............YES Mayor Palladeno ........................................YES Commissioner Poe ................... YES E. AUTHORIZE THE CITY MANAGER AND THE CITY ATTORNEY TO HIRE BOND COUNSEL. Motion was made by Vice Mayor Lister to authorize the CM and the CA to hire Bond Council, and was seconded by Commissioner Hodges. CM Crawford stated for full disclosure that the Commission would waive the bid process in doing this. The reason for doing this is that there has been experience with this Bond Council with both the CA and the Financial Advisor, so the vote on this will have to be a super majority of 4 yeses to pass. Peter Pisciotta, 148lh Avenue: He asked CA Trask if the Charter allowed them to bypass the RFQ process, and referred him to Section 2.193 Sub 5 of the Charter. He asked how the best interest of the City is compromised by waiving the RFQ process. CA Trask stated that this was not part of the Charter it is a Code provision, and is a legislative activity where the Commission makes the determination as to whether or not those particular provisions have been met. CA Trask stated that if he were asking him personally what he thinks, it really doesn't matter. Once the Commission has made that determination for whatever reason they have, does it need to be expressed to the public, the answer is no. A 4/5 vote is enough to comply with the Code provision. Mr. Pisciotta then stated to the Commission that St. Pete Beach reported a $1 .25 million deficit, so there is a tax increase in their future. He asked the Commission if they commit to no tax increases. CA Trask told the Mayor that the Commission did not have to answer questions, that this was a comment portion, and that this Item was an action Item, and did not even have to be open for discussion, that was discretionary. Jim Madden, 133 - 140th Avenue: He stated that they are a good Bond Council, but he sees a problem with the City not going out to bid for their services. The complete cost is not included; there are other fees that can be charged. He suggested CA Trask has a conflict with this. He stated that there is a provision in the contract to help with Validation proceedings, but it had already been said that they were going to get insurance so that court proceedings 10 April 9, 2013  The City of Madeira Beach, Florida Board of Commissioners Minutes would not have to be done, if that is so then why are they being charged for it. He also believes that there should be verbiage added to protect the City. He also questioned traditional bond services, and blue sky references as well as the authorization for the CA and CM to add additional services. Jeff Larson Financial Advisor for the City stated that this is a fine firm. He said that one of the benefits is that they have the confidence of the CA, and they have a good working relationship. Roger Koske, 706 Sunset Cove: Says that he trusts the CA implicitly, but feels that it should go out for bid. Marv Merrill, 581 Crystal Drive: He brought up the fact that the City had to go out for bid on the benches, but not on this $20K item. ROLL CALL: Vice Mayor Lister .....................YES Commissioner Shontz................................ YES Commissioner Hodges..............YES Mayor Palladeno.................. ......................YES Commissioner Poe................... YES F. RESOLUTION 2013-10: A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA AUTHORIZING CITY STAFF, THE CITY'S FINANCIAL ADVISOR, THE CITY'S BOND COUNSEL AND THE CITY ATTORNEY TO PREPARE THE LONG-TERM TAX-EXEMPT FINANCING OF CERTAIN CAPITAL PROJECTS DESCRIBED HEREIN; ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES INCURRED WITH PROCEEDS OF SUCH FUTURE FINANCING; PROVIDING CERTAIN MATTERS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. CA Trask read Resolution 2013-10 by Title only. Motion was made by Vice Mayor Lister to pass resolution 2013-10, and was seconded by Commissioner Shontz. Peter Pisciotta, 148111 Avenue: Gave a hand out to the Commission. He stated that he is really not against the project, but wants the Mayor to hold to his campaign promise of tight fiscal controls. He was concerned that we are in deficit spending, that starting October 1st expenses exceed revenue for the next 5 years. He said that the Governmental Accounting Standards Board (GASB) and the City Charter require there to be a Capital Plan which he claims has not been done. He also wanted to say something about the FEMA 50% rule, he says that there are 3 evaluation methods and the City cherry picked one. He said that multiple renovations are allowed with no waiting period between permits. He stated that Stormwater needs to be done before a disaster strikes. Jim Madden, 133 - 140th Avenue: He stated that the architects did not include Stormwater renovations in their proposal. ROLL CALL: Vice Mayor Lister .....................YES Commissioner Shontz................................ YES Commissioner Hodges...... ........YES Mayor Palladeno ...... ............... ...................YES Commissioner Poe ................... YES G. RESOLUTION 2013-11: AMENDING THE FY 2013 BUDGET BY APPROPRIATING EXPENDITURES FOR CONTINUED ARCHITECTURAL SERVICES FOR THE MUNICIPAL COMPLEX RECONSTRUCTION PROJECT, IN THE AMOUNT OF $866,178. CA Trask read Resolution 2013-11 by Title only. Motion was made by Commissioner Shontz, and was seconded by Commissioner Poe. 11 April 9, 2013  The City of Madeira Beach, Florida Board of Commissioners Minutes Jim Madden, 133-140th Avenue: He wanted to know if the City was doing away with the Public Works as there is no provision for the building, or employees. ROLL CALL: Vice Mayor Lister .....................YES Commissioner Shontz................................ YES Commissioner Hodges..............YES Mayor Palladeno ........................................YES Commissioner Poe...................YES H. APPROVAL OF CONTRACT WITH WANNEMACHER JENSEN, ARCHITECTS Motion was made by Commissioner Poe, and was seconded by Vice Mayor Lister. Peter Pisciotta, 148111 Avenue: He wanted to point out that there had been very little discussion from the Dais tonight. He stated that he wanted to be on record as saying that this is not the way things should be done. The Government needs to be held accountable. Marv Merrill, 581 Crystal Drive: He wanted to know if the $866K included the 130K that they were already given the CM answered him that it does not. He said that it was more than the 10% that was quoted. Mayor Palladeno wanted to address some of the comments that Mr. Pisciotta had made. He stated that they discuss things, and do not do things that are shady. He does not want to raise the millage rate, as he owns a home here too. He said that Stormwater and re paving are both important projects. He has had a lot of residents asking for a swimming pool in the recreational area, and dog parks. This is what he heard from the residents when he asked them during his campaign. The Mayor also said that he has confidence in the CA. He has a great reputation, and he believes in taking his attorneys advice. Mr. Pisciotta stated that all he asks is that the CM, the FD, and all to do is to review what he brought. Mayor said the only thing they are trying to do is to move forward. ROLL CALL: Vice Mayor Lister .....................YES Commissioner Shontz................................YES Commissioner Hodges..............YES Mayor Palladeno ........................................ YES Commissioner Poe...................YES 8. OTHER BUSINESS-NONE 9. REPORTS/CORRESPONDENCE: • CITY COMMISSION Commissioner Shontz wanted to thank the City staff for putting together the Agenda Packet; she said it was well done. Vice Mayor Lister asked if the Workshop could be rescheduled to April 30th. Consensus: Yes at the regular time of 6:00 • CITY ATTORNEY: NONE • CITY MANAGER: CM Crawford told Mr. Pisciotta to get with Vince Tenaglia and set something up to walk through some of the issues. He also wanted to say that Deputy Heffner had been nominated Cop of the Year by the City of Madeira Beach, and the invitations will be sent out soon. 12 April 9, 2013  The City of Madeira Beach, Florida Board of Commissioners Minutes • CITY CLERK: CCPT Aimee Servedio stated the City received a card thanking them for the flowers sent on their behalf to Commissioner Oakley's father's funeral. She also had mail and several other items to give to the new Commissioners. She said that if anyone was going to attend the 2013 Annual Conference of The Suncoast League of Cities and those that were planning to attend would need to give her their registration forms no later than April 17tti. 10. ADJOURNMENT: Seeing that there was no further business the meeting was adjourned at 9:41 p.m. Date Approved: S / \ ~ / 1.:\ ? ' .... Travis Palladeno, Mayor Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The law does not require the City Clerk to transcribe verbatim minutes; therefore, the applicant must make the necessary arrangements with a private reporter or private reporting firm and bear the resulting expense. In accordance with the Americans with Disability Act and F.S. 286.26; any person with a disability requiring reasonable accommodation in order to participate in this meeting should call 727-391-9951 or fax a written request to 727-399-1131. THIS MEETING IS TELEVISED LIVE ON CHANNEL 615 13 April 9, 2013