Board of Commissioners Regular Meeting

THE CITY OF MADEIRA BEACH, FLORIDA PUBLIC NOTICE BOARD OF COMMISSIONERS REGULAR MEETING 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 items of City Business listed at the time indicated below. 6:00 P.M. TUESDAY, APRIL 12, 2016 COMMISSION CHAMBERS A. CALL TO ORDER – The meeting was called to order at 6:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE – COMMISSIONER TERRY LISTER C. ROLL CALL MEMBERS PRESENT: Travis Palladeno, Mayor Patricia Shontz, Vice-Mayor Terry Lister, Commissioner District 1 Nancy Hodges, Commissioner District 2 Elaine Poe, Commissioner District 3 STAFF PRESENT: Shane B. Crawford, City Manager (CM) Vincent M. Tenaglia, Assistant City Manager (ACM) Thomas Trask, City Attorney (CA) Aimee Servedio, City Clerk (CC) Dave Marsicano, Public Works/Marina Director Sea Marshall-Barley, Administrative Support Specialist (SS) D. APPROVAL OF THE MINUTES 1. BOC SPECIAL WORKSHOP MARCH 16, 2016 2. BOC AGENDA SETTING MEETING MARCH 16, 2016 3. BOC REGULAR MEETING MARCH 16, 2016 4. BOC WORKSHOP MARCH 29, 2016 A motion to approve the minutes as presented was made by Vice-Mayor Shontz and seconded by Commissioner Poe. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES E. APPROVAL OF THE AGENDA CA: Item I-1 (Development Agreement) and I-2 (Ordinance 2015-18) moved before public comment and have these two items continued until May 10, 2016. A motion to approve the agenda and postpone the hearing on items I-1 and I-2 was made by Commissioner Lister and seconded by Commissioner Hodges. Kim Dubois: This item is to rezone from Marine Use to Planned Development. We need to discuss that we need to talk about the bridges, maybe moving the school and putting the development there, etc. but we need the marine use area. Steve Miller: Why are we moving this item and asking for a continuance? CA: We are taking all precautions that the public is property noticed before it is discussed. Pete Trott: Thinks that moving the discussion until the May 10th meeting will prevent certain people from being able to attend. It seems like it is being rescheduled to inconvenience them. ROLL CALL: 04/12/2016 BOC Regular Meeting, 1|8 Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES PRESENTATIONS/PROCLAMATIONS 1. KEY TO THE CITY AWARDED TO THE GULF BEACHES ROTARY CLUB Travis Palladeno, Mayor 2. PROCLAMATION DECLARING MAY 2016 AS OLDER AMERICANS MONTH Travis Palladeno, Mayor and Area Agency on Aging Kathleen Peters: The biggest budget item in the state goes to health care, followed by education, and administration is still lean at 2.7%. The governor has been adamant about the tax cuts and the state is one of the most attractive in the country for taxes. Mental health in the state – focused on Pinellas County. One in five adults is affected by some mental disorder. There is a stigma associated with these disorders and those impacted would rather self-medicate instead of seeking treatment. Substance abuse and the revolving door of prisons. Children in the school system that are affected by mental illness. Funding for a lighting project was granted and St. Pete College will be building a new student center thanks to our delegation. She will also leave a list of all the items that Pinellas County brought back for the Board to view in detail. Ports and port traffic will increase and boost the efficiency of shipping and receiving. She believes the manufacturing, import, and export will increase over the next few year. Asked if there were any questions the Board has for her? Mayor Palladeno: As you are watching the excitement here with water taxi services, is there money that we could go after for these types of projects? Representative Peters: She recommends seeking funding for more local avenues. DAIS LOG REVIEW SS: Updated the Board on the items included in the dais log and entertained any questions the Commissioner may have. There were no questions or further discussion. F. PUBLIC COMMENT – LIMITED TO THREE (3) MINUTES John Hendricks: He has been a resident of Madeira Beach for thirty years and we did not progress for many of those years. A few years ago, we had a problem with Commissioners meddling in the administration of the City. We lost several employees with City Manager Maxemow during that time. This tore the city apart and because of this, a citizen group came together to oust those Commissioners that caused so much turnover. There is another group that is attempting to fight the Commission and direction of the City. Ms. Poe, you are tearing this City part and in my opinion you should resign. John Neff: He has heard in recent days, neighborhood rumors that upset him greatly. As a former high school teacher, he believes strongly in clean government as he is sure the Board is as well. I would like the answers to two simple questions: do you City Manager, Mr. Crawford, do you own a condo owned by Bill Karns? And Mr. Mayor, have you ever worked as an employee of Bill Karns. Two essential words of government are integrity and honesty. Mayor Palladeno: No, and I have already spoken with the City Attorney. CA: Reminded the audience that public comment is not a question and answer session. Steve Miller: Would like to clarify the rules that this meeting held. For items on the agenda, public comment on the item. It seems that this procedure was not followed at the previous meeting. Pointed out the Special Area Town Plan. This is a legal document and is part of the plans set forth years before. Missy Hahn: Is here to speak on behalf of the businesses. A great portion of these owners do not live in Madeira Beach, but on their behalf she notes that the Chamber is in favor of responsible development. 04/12/2016 BOC Regular Meeting, 2|8 Kim Debois: The commerce that takes place in John’s Pass that you are thinking of changing – when you have condominiums, they are less likely to eat out at the restaurants. To her, this seems like the best time to utilize the Marine Commercial zoning. Walter Childer: I have been coming to Florida since 1953 with my family. He has traveled all over the state beaches and settled here on the west coast. We bought a unit in the Yacht Club in 1990 and have been six month snow birds since 1994. We chose Madeira Beach because of its small town atmosphere – this is why we love it here. He does believe that Madeira Way needs improvement, but not the proposed development and the size of what is designed. Lian Nguyen: She thanked everyone for their time. Because of her busy schedule, she apologizes for coming up to complain. She asked for better noise control at John’s Pass. She knows that everyone still needs to enjoy themselves and have fun, but she just wants lower volume. She also appreciates the discussion regarding the dumpsters on Pelican Lane. Chuck Dewilder: Our City management tells citizens that residents are in favor or…this doesn’t sound like a good thing to me. His second point is in regards to the City reserves. The City reserves are being worn down to a critical level – doesn’t sound like good financial planning to him. Pete Trott: Couple of issues: Mr. Trask covered the legality of processes last time. He believes that when using public money, there is a higher standard that is required of the office. He does not like all of the innuendos. The bridge should be more like the one at John’s Pass and a proper evacuation route. State or county money. He thinks Planning should not focus on how much money they make, but on what is good and safe for the City. Robert Preston: Hyperlinks for ordinances for agenda items and topics. In this day and age it needs to be available. It is very important to find what you want. A majority of the community no longer has a voice. Postponing the meeting until May Marv Merryl: The City Manager reports to the Commission – he believes that Commissioner Poe has a right to do what she did in regards to the City Manager. Frank Stedmyer: He is extremely opposed in the direction the City is taking. The law was changed for a reason. Reese Noran: How cities die: it isn’t just reserves. It is also properties that do not make money. Change, development, and progress are also very important. Quaint is a fine thing, but it needs to be maintained and could become economically disastrous. We believe in progress – we have welcomed change all of our lives. Jeff Beggins: This is never going to be Clearwater Beach and there are only two parcels that this intensity is allowed on purpose – this ensures that it will not be all over the town. Steven Petrow: Has always had a great respect for Mrs. Bonadore. He loves this beach and wants to retire here. He sees the development while fighting the traffic now. He doesn’t mind development, but what is being proposed will be detrimental. We do need development, but not at this catastrophic point. John’s Pass was also supposed to be addressed. He sees the public going one way and the council going another way. Mary Neff: She doesn’t think that there is a person in this building that does not support development on Madeira Way. They want responsible development. She thinks it would be a good thing for the City to pay for additional impact studies. Gay Prince: There are two developers and I’m not sure how many people own property but the reflection on the Council does not reflect the peoples’ opinion, save for one. Joe Martin: He wanted to bring the attention to the Commission, that after attending two planning commission meeting, that not one member of the LPA asked any questions of any presentation. He took offense to the response of the Commission and their applause of how great a job the development was doing. He thinks they should be removed from the vote since they have already shown their bias. Karen Pare: She wants to know what she needs to do to get some new “No Wake” signs. She is the lady with the horn. She’s also not crazy about the new development. If we want to be in a beach town, let’s put some focus on the boater. She wants to be able to eat at more places to eat on the water. 50% condo, 50% hotels. The rentals need to be straightened out – they can’t rent as easily as that. Jim Everett: He is offended that he is not allowed to give his opinion as a resident since he serves as a member of the Planning Commission. He explained that the City has been working the last four years to get some development one 150th Avenue and Madeira Way. A lot of hard work has gone into preparing for such redevelopments. 04/12/2016 BOC Regular Meeting, 3|8 The City Attorney read emails that were submitted in regards to the development. The emails read into the records have been attached to these minutes. A recess was called at 7:30 p.m. and the meeting was resumed at 7:48 p.m. G. CONSENT AGENDA 1. APPOINTMENT OF INGRID FERRO-SPILDE TO FILL THE PLANNING COMMISSION VACANCY FOR THE REMAINDER OF A TWO- YEAR TERM ENDING IN AUGUST 2017. 2. AUTHORIZATION OF NOTICE OF LIMITATION OF USE/SITE DEDICATION FOR REC CENTER PLAYGROUND RELATED TO FRDAP GRANT AWARD THROUGH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. 3. APPROVAL FOR THE CITY TO ENTER INTO AGREEMENTS WITH THREE (3) FEMA GRANT RECIPIENTS FROM FDEM GRANT AWARD 2014-006. 4. APPROVAL FOR THE CITY TO EXTEND AGREEMENT WITH THE RECIPIENT OF FEMA GRANT AWARD 2013-044. CA: The CA recommended approving Item G-1 separately in order to swear in the new Planning Commission appointee. A motion to approve Consent Agenda Items 2, 3, and 4 was made by Commissioner Lister and seconded by Commissioner Hodges. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES A motion to approve the appointment of Ingrid Ferro-Spilde to fill the vacancy on the Planning Commission was made by Vice-Mayor Shontz and seconded by Commissioner Lister. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES The CA swore in the new Planning Commissioner. Ingrid Ferro-Spilde: Thanked the Board for their consideration of her application and appointment to the Planning Board. She is excited to serve and become more involved in the City. H. UNFINISHED BUSINESS 1. ORDINANCE 2016-02 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING SECTION 82-2 OF THE CODE OF ORDINANCES TO CREATE A DEFINITION FOR “RESIDENTIAL PROPERTY”; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve Ordinance 2016-02 on second and final reading was made by Commissioner Lister and seconded by Commissioner Hodges. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES 2. ORDINANCE 2016-03 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES TO CREATE AN ARTICLE PROHIBITING AND REGULATING THE OVERNIGHT ABANDONMENT OF PERSONAL PROPERTY ON THE PUBLIC BEACHES OF THE CITY AND TO BE COMMONLY REFERRED TO AS “MADEIRA BEACH LEAVE NO TRACE ORDINANCE”; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve Ordinance 2016-03 on second and final reading was made by Commissioner Hodges and seconded by Commissioner Poe. 04/12/2016 BOC Regular Meeting, 4|8 ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES 3. ORDINANCE 2016-04 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES TO CREATE A SECTION PROVIDING FOR UNOBSTRUCTED USE OF PUBLIC DOCKS AND BOAT LAUNCHING RAMPS AND RESTRICTIONS TO THE SECURING OR TYING OF VESSELS TO PUBLIC PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve Ordinance 2016-04 on second and final reading was made by Vice-Mayor Shontz and seconded by Commissioner Poe. Steve Miller: Is this addressing a particular problem or particular dock? CA: What is happening is that we have noticed that people are tying their dinghies to trees and City benches that will eventually cause damage to City property. This ordinance is used to prohibit this action to prevent any damage. If they are properly tied to the dock, it won’t be a problem. Steve Miller: Is concerned that this could be interpreted as open-ended in regards to the length of time a boat can be docked. He has seen problems in the past where boats keep staying. The Mayor noted that there is a time restraint in the Code but the CA did not know the specific section this is listed and would have to research. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES I. NEW BUSINESS 1. DEVELOPMENT AGREEMENT (HOLIDAY ISLE MARINA) A PUBLIC HEARING AND CONSIDERATION OF AN APPLICATION TO ENTER IN A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MADEIRA BEACH AND MADEIRA BEACH DEVELOPMENT CO., LLC. CONTINGENT ON THE APPROVAL OF ORDINANCE 2015-18 TO REZONE THE PROPERTY LOCATED AT 555 AND 565 150 TH AVENUE FROM C-4, MARINE COMMERCIAL TO PD, PLANNED DEVELOPMENT. Recommendation is to postpone the discussion and approval of the rezoning ordinance and development agreement for Holiday Isle Marina until the May 10th BOC Regular Meeting. 2. ORDINANCE 2015-18 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING CERTAIN REAL PROPERTY GENERALLY DESCRIBED AS 555 150th AVENUE AND 565 150TH AVENUE FROM, MARINE COMMERCIAL (C-4) TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. Recommendation is to postpone the discussion and approval of the rezoning ordinance and development agreement for Holiday Isle Marina until the May 10th BOC Regular Meeting. 3. ORDINANCE 2016-05 A FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, CREATING ARTICLE IV OF CHAPTER 42 OF THE CODE OF ORDINANCES RELATING TO SYNTHETIC DRUGS; PROVIDING FOR INTENT, DEFINITIONS, SYNTHETIC DRUG SUBSTANCE DETERMINATION, PROHIBITED ACTS, ENFORCEMENT AND PENALTIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. CA read Ordinance 2016-05 by title only. Mayor Palladeno: A Lieutenant from the PCSO, the same officer who attend the Madeira Beach Board of Commissioners Workshop in February, also spoke at the Mayors’ Council on this topic. Commissioner Lister: How will this work exactly? Will we be lab testing each person apprehended? Deputy Luckett: The synthetic substance or chemical compound is what determines illegality. It would be the discretion of the PCSO for how to proceed and when to test for these compounds. 04/12/2016 BOC Regular Meeting, 5|8 Commissioner Lister: Is this ordinance fluid to account for the changing formulas? CA: Yes, we were advised on our language from the Lieutenant who presented. We also researched the state statute. This will strengthen local enforcement of these substances. A motion to approve the first reading of Ordinance 2016-05 was made by Commissioner Lister and seconded by Commissioner Hodges. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES 4. RESOLUTION 2016-16 A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2016 BUDGET BY DECREASING GENERAL FUND CAPITAL OUTLAY EXPENDITURES IN THE AMOUNT OF $122,000; INCREASING ARCHIBALD FUND CAPITAL OUTLAY EXPENDITURES IN THE AMOUNT OF $22,000; INCREASING SANITATION FUND CAPITAL OUTLAY EXPENDITURES IN THE AMOUNT OF $44,000; TRANSFERRING A FIXED ASSET FROM THE GENERAL FUND TO THE STORMWATER FUND; AND PROVIDING FOR AN EFFECTIVE DATE. CA read Resolution 2016-16 by title only. A motion to approve Resolution 2016-16 was made by Vice-Mayor Shontz and seconded by Commissioner Poe. CM: He will turn this over to the Assistant City Manager for further explanation but he wanted to point out that the authorization in Item B would require an additional bid waiver. ACM: The budget amendment is an amendment to the vehicle replacement plan that was put into place in 2015. There are a few things to be aware of – that savings of $56,000 will only be realized if one vehicle replacement is deferred. This change is more of a deferment than saving money. The current motion will approve the budget amendment while the following authorization will be done separately. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES A. AUTHORIZATION OF EXPENDITURES AUTHORIZATION OF EXPENDITURES IN THE AMOUNT OF $20,928.04 FOR VEHICLE ACQUISITION, IN ACCORDANCE WITH STATE OF FLORIDA AGRICULTURE & LAWN EQUIPMENT CONTRACT NO. 21100000151. A motion to approve the authorization of expenditures in the amount of $20,928.04 was made by Vice-Mayor Shontz and seconded by Commissioner Hodges. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES B. AUTHORIZATION OF EXPENDITURES AUTHORIZATION OF EXPENDITURES IN THE AMOUNT OF $39,980.00 FOR VEHICLE EQUIPMENT CONVERSION. *THIS ITEM REQUIRES A WAIVER OF BID REQUIREMENTS BY FORMAL BOC MOTION* A motion to waive bid requirements and approve the authorization of expenditures in the amount of $39,980 was made by Commissioner Lister and seconded by Vice-Mayor Shontz. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES 04/12/2016 BOC Regular Meeting, 6|8  C. AUTHORIZATION OF EXPENDITURES AUTHORIZATION OF EXPENDITURES IN THE AMOUNT OF $69,009.09 FOR VEHICLE REPLACEMENT, IN ACCORDANCE WITH FLORIDA SHERIFF’S ASSOCIATION BID NO. 15-23-0904. A motion to approve the authorization of expenditures in the amount of $69,099.09 was made by Vice-Mayor Poe and seconded by Commissioner Shontz. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES 5. RESOLUTION 2016-17 A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA AMENDING THE FISCAL YEAR 2016 BUDGET BY INCREASING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $63,246; INCREASING BUILDING FUND EXPENDITURES IN THE AMOUNT OF $60,714; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve Resolution 2016-17 was made by Commissioner Hodges and seconded by Commissioner Lister. Steve Miller: What is being spent exactly? ACM: This is to provide funding for services relating to land development, planning & zoning, and building management. This is for Mr. Dave Healey and Mr. Al Carrier’s firms. Steve Miller: So the City is spending this money to aid the developer in the recent developments? Because this is how I feel this is being spent. CM: It has been proven to be difficult to recruit and fill the Planning & Zoning Director position and the two consultants (Mr. Healey and Mr. Carrier) have been working with the City for year. The developers are paying for what they are required to provide for consideration. There has been a lot of work done in addition to the recent developments but this will fund the day to day flow of work. This is for the day to day administrative functions of the planning and zoning department from the new developments to the variance and special exception use hearing, CRS, and FEMA subgrant agreements and awards. He is trying to get the Community Development Director position filled, but this is proving more difficult given the heated political environment in the City. This is a plan we developed as a team and voted on the restructuring in December 2015. Until these developments are approved or denied, the workload here will be huge. The department is completely overworked but this is the solution to which we came. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Shontz…..…………………….YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Poe…..……………………..………...YES J. REPORTS/CORRESPONDENCE  CITY COMMISSION Mayor Palladeno: Wanted to note that he has been re-elected to the EMS Advisory Board and will be the next year’s vice president of the BIG-C. This will continue to keep Madeira’s voice heard in the county.  CITY ATTORNEY – None  CITY MANAGER CM: There is an update on the utility undergrounding process. This is the most difficult process he has come across due to the many hands that have to be on the project. He doesn’t want the Board to lose track of this project and will give frequent updates. The project is moving forward very slowly at the moment. He also commended the Assistant City Manager on his work for this project as well. He will also be out of the office on Thursday this week due to a medical procedure. He can be reached by email or through his assistant if anything is needed during that time.  CITY CLERK – NONE 04/12/2016 BOC Regular Meeting, 7|8 K. ADJOURNMENT – The meeting was adjourned at 8:19 p.m. Date approved: May 10, 2016 _____________________________________________ Travis Palladeno, MAYOR _____________________________________________ Submitted by Sea Marshall-Barley, SUPPORT SPECIALIST 04/12/2016 BOC Regular Meeting, 8|8