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Board of Commissioners Regular Meeting

Regular Meeting

Madeira Beach, FL · June 14, 2016

AgendaPacketMinutes

Minutes

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, JUNE 14, 2016 COMMISSION CHAMBERS I A. CALL TO ORDER Meeting Called to order at 6:01 PM B. INVOCATION AND PLEDGE OF ALLEGIANCE - COMMISSIONER TERRY LISTER C. ROLLCALL MEMBERS PRESENT: Travis Palladeno, Mayor Patricia Shontz, Vice-Mayor Terry Lister, Commissioner District 1 Nancy Hodges, Commissioner District 2 MEMBERS ABSENT: Elaine Poe, Commissioner District 3 STAFF PRESENT: Shane B. Crawford, City Manager (CM) Aimee Servedio, City Clerk (CC) Thomas Trask, City Attorney (CA) Vincent M. Tenaglia, Assistant City Manager(ACM) Dave Marsicano, Public Works/Marina Director (PW/MD) Doug Andrews, Events & Recreation Director (ERD) Michelle Orton, Planning & Zoning Director(PZD) David Healey, Planning & Zoning Consultant (PZC) Luis Serna, Planning & Zoning Consultant (PZC) D. APPROVAL OF THE MINUTES- NONE E. APPROVALOFTHEAGENDA A motion to approve the agenda as presented 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 ......................................... ABSENT DAIS LOG REVIEW F. PUBLIC COMMENT - LIMITED TO THREE (3) MINUTES Jeff Brown: Owns business in Madeira beach. Wants to address conduct of elected official. Claims the commissioner verbally assaulted city manager in press. Wants to remind the commissioner that this is "our city". No longer sees commissioner residing in seat without prejudice. Asks for the resignation. Sam Baker: Member of the petition committee to put the planned development up to a public vote. Turned in 1025 signatures of voters. All with the exception of 85 have been rejected on what is thought to be frivolous grounds. The next step is court. Jim Everett: Wanted to comment on Commissioner Poe from the last meeting. Member of the Planning Board and the Planning Commission does not conduct itself that way. Thinks it was outrageous behavior. 06 / 14/2016 BOC R e gu l a r M e et i ng, 119 Steve Page: Developed Marriot Courtyard property. Feels passionate about how great things are going in Madeira Beach with all of the new developments. Praised City Manager Crawford for being the best City Manager that he's ever worked with. Sam Lewis: Bought boat dock in Madeira in 1991. Fell in love with this city, despite its blight. Thanked Commission on making the city something to be proud of. Renee Krupp: Been here 8 years. Has never felt like she has been heard. Does not feel that ethically they are given their fair due in the development. Very disconcerted as a resident. Gathered signatures for the petition. Not against development, against the excessiveness. Kathy Behrman: Never been more proud more proud of this city. Many people signed the petition. Wants to know what the hurry is with the development. Wants to slow the development down rather than rush it. Steve Miller: Requests formal acknowledgement of the petition. Says the ordinance is legally suspended. Does not meet approval in Sec. 110. Linda Hein: 1,025 citizens should be considered as seriously as the developers. Asks commission to reconsider. Chelsea Nelson: Insulting when 1025 citizens who just asked to scale it back. No one is listening and it would be defeated in referendum. Marilyn Eckert: doesn't want a lot of high-rises. More and more feel like they're being squeezed between buildings. Sandy Holloway: 49 year resident. One of the last beach communities left. The majority of citizens and people who call it a home want it to stay that way. The Board has a responsibility to the people it serves. G. CONSENT AGENDA- NONE H. UNFINISHED BUSINESS 1. ORDINANCE 2016-05 A SECOND AND FINAL 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. A motion to approve Ordinance 2016-05 on its second and final hearing was made by Commissioner Hodges and seconded by Vice-Mayor Shontz. ROLL CALL: Commissioner Lister....................................... YES Vice-Mayor Shontz............................ YES Commissioner Hodges ................................••. YES Mayor Palladeno............................... YES Commissioner Poe .................................. ABSENT I. CONTRACTS/AGREEMENTS 1. APPROVAL OF AGREEMENT WITH PINELLAS COUNTY SCHOOL BOARD REGARDING BICENTENNIAL PARK CM: Staff recommendation is for approval A motion to approve the Agreement with the Pinellas County School Board regarding Bicentennial Park 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 .................................. ABSENT 2. APPROVAL OF JOINT USE AGREEMENT WITH PINELLAS COUNTY SCHOOL BOARD CM: Recurring contract to use the school. Staff recommendation for approval. A motion to approve the Joint Use Agreement with the Pinellas County School Board was made by Vice-Mayor Shontz and seconded by Commissioner Hodges. 06 / 14/2016 BOC Regu l a r M eeting, 2 j 9 ROLL CALL: Commissioner Lister....................................... YES Vice-Mayor Shontz............................ YES Commissioner Hodges ....•.............................. YES Mayor Palladeno............................... YES Commissioner Poe .................................. ABSENT 3. APPROVAL OF EMERGENCY MEDICAL SERVICES CONTINUING MEDICAL EDUCATION AGREEMENT CM: Staff Recommendation for approval A motion to approve the Emergency Medical Services Continuing Medical Education Agreement 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 .................................. ABSENT 4. AUTHORIZATION TO EXECUTE FINANCIAL AUDIT ENGAGEMENT LETTER FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016 WITH WELLS, HOUSER & SCHATZEL, PA IN ACCORDANCE WITH RFP NO.15-1100. ACM: Annual requirement, outlining expectations of the auditors. A motion to execute the Financial Audit Engagement with Wells, Houser & Schatzel 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 .................................. ABSENT 5. AWARD OF RFP 2016.01 (MADEIRA BEACH FERRY SERVICES) TO HUBBARD'S MARINA. A motion to award RFP #2016.01 for Madeira Beach Ferry Services to Hubbard's Marina was made by Commissioner Hodges and seconded by Commissioner Lister. Dick Lewis: Commented that he can't see the benefit of putting $25,000 into this project especially considering the debt the City already has accumulated. ROLL CALL: Commissioner lister....................................... YES Vice-Mayor Shontz............................ YES Commissioner Hodges ................................... YES Mayor Palladeno............................... YES Com missioner Poe .................................. ABSENT J. NEW BUSINESS l. DEVELOPMENT AGREEMENT {HOLIDAY ISLE MARINA) A PUBLIC HEARING AND CONSIDERATION OF AN APPLICATION TO ENTER JN A DEVELOPMENT AGREEMENT BETWEEN THE CllY OF MADEIRA BEACH AND C&T ENTERPRISES, INC. AND MHH ENTERPRISES, INC. CONTINGENT ON THE APPROVAL OF ORDINANCE 2015-18 TO REZONE THE PROPERlY LOCATED AT 555 AND 565 1501 H AVENUE FROM C-4, MARINE COMMERCIAL TO PD, PLANNED DEVELOPMENT. CA: Addressed issues regarding petition. Petition was received, and according to the petition there were 1025 signatures but believes it's 1040. Received it the morning of the 10th and responded the quickest they could. City Clerk has a legal obligation to determine the sufficiency of petition. Was asked to comment and prepare a draft letter for the Clerk to consider. Determined 3 insufficiencies. Each one falsely represented what the ordinance was to be reconsidered. 3 items mentioned, 2 inaccurate, specifically the zoning district was created in 2005. The charter requires every petition signed to be in affidavit form. Because the affiant was not placed under oath. Asked City Clerk to consider the certificate of insufficiency prepared. Made specific change relevant to language advised by CA. Have opportunity to revise petition, however the current one is insufficient. 06 / 14 / 2016 BOC Reg ul a r M ee tin g , 3 19 Dave Healy: Resume on file with the city. Helping out with community development. Finds the petition inaccurate and misleading. Ordinance 2014-08 did not in fact add PD district. It has existed since 2005. Nor did the petition make any provision for increased height and density. Applicant Presentation & Report Katie E. Cole: Tonight the commission is here to approve the development agreement. Went through rezoning process. On May 10th, commission rezoned Mr. Holton's property. Important to note the site plan was submitted in September. There has been numerous public hearings throughout the years getting to this point. Cindy Terrapani: With Florida Design Consultants, Vice President of Planning. Represents Mr. Holton. In previous public hearing, qualified as an expert witness. This site is located in the Causeway district. The permitted usages are residential, temporary lodging, tourist facilities, recreation open space and reservation. Eligible to be developed at 125 hotel rooms per acre, residential for 15 per acre. Does not exceed. Approved PDR on May 10th • Based on this summary the project is consistent with the comp plan, the PRMU plan category, and the Town Centre special area plan. Katie E. Cole: Confirmed the commission accepted Terrapini as expert witness. Luis Serna: Board approved rezoning. Number of conditions added that appear on the 3 rd page of staff report. Deal with site access along 150th avenue. Staff Recommendation is forapproval Public Comment Robert Shaw: BOC protecting constitutional rights of property owners. Residents had opportunity in the past. Dose of reality needed for wanting to keep small town atmosphere. Wasn't quaint when there was alcohol, drugs, and crime. Linda Hein: asked attorney Weiss' letter to be read into record. Shawn Rae: Chamber's number provided to TBC, by developer Holton, says there was $634,000 revenue. Lots of money for the city. Paul Tilka: petition worker. Wants BOC to consider delay. Doesn't oppose development, just the scale. Lots ofoutside influence trying to sway the vote. Linda Tilka: realtor. Spoke to resident and said petition was to have a voice in what was happening in their city. Shirley Nelle: Manages marina and currently cleaning it up. Went to Madeira Bay to read the petition and was told to get out. Was met by PCSO downstairs. Frank D. Benadetto: Problem in Clearwater wasn't addressed the same way this is being down. Wants people to come and stay. Helen Palladeno: Wants BOC to vote yes. Not impressed with the petition. Fears that if the vote fails, the property will sit. Rees Noren: City without progress will die. Change is needed in Madeira. Jeff Brown: doesn't want Clearwater beach here either. Planning has brought height and density down. Gary Prine: CM said "needs to go to referendum" in times article. Talked about petition, how it was done, and 2 thousand voters. Bob Lyons: has been developing cities for a long time. Wants to support these developments. Other cities who have had petitions have had to raise taxes. Phil Ragan: petition gatherer. All age groups petitioned. Robert Kingel: Both sides have points. Hires someone to look at the data for any red flags. 6 items listed. James Scarboroagh: Grew up here and graduated from Stetson. Believes CA has misread charter intention for referendum and that ordinance should be suspended. Janet Melia: Engineer by trade. Numbers reflect interest in petition. Put it on the ballot and let the voters decide. Jim Everett: Go to referendum, eliminate the PD, and It will halt future development. Treasure Island is struggling because for the same reason and have no development. Rick Cowley: Wants Madeira beach to reach the world. Speaks for 200 members who may not be residents, but come to Madeira beach each week. Steve Miller: resident for over 30 years. Fundamental goal is to protect family. Rick Chapman: Mayor said we need to respect each other at the beginning of the meeting and he said that is being portrayed that voters don't want these projects. Not true. Any reasonable person knows what those people want. Cork isn't out of the bottle yet. Eric Audit: Recently purchased business here. Decided to invest here due to development. 06/14/2016 BOC Reg ul a r M ee t i ng, 41 9 Dennis Fagan: Chairman of Chamber of Tl. Unique opportunity from 2 developers that are from here, not just someone coming in, building something, and leaving. Evelyn Page: Developed the Marriot and the Beach Club Condo. Got rid of the blight, spent 15 million on the Marriott and 25 million on the Beach Club. In disarray until the mayor came in and fixed it. John Hendricks: Bought for a different reason. People complaining about traffic didn't complain about it with Walmart and the other developments around us that use the bridge. Jeremy Runo: Daiquiri Shack appreciate the pro-business state of the BOC. Jeff Beggins: Encourages Yes Casandra Todaro: Bridge and traffic is a concern. Business now are in need of development. Doesn't want S years or more for the development. Both sides have valid concerns. Randy Kerschner- Strongly opposed. The quality of life for the residents should come first. Hedi Goldberg: Projects presented are amazing and it will be great for Madeira. Praised the Mayor and CM. Housh Ghovaee: Loves this town. Everyone on both sides are passionate but you can't please everyone. Wants to bring in the revenue from the tourists. Appl!cant Closing Statement/Rebuttal Katie E. Cole: No person claiming party status here to speak tonight. Applicant and property owner has the right to relay on comprehensive plan that the city has. Adopted special area plan and amendments to it. Staff Closing Statement CM: Staff Recommendation is Approval Board of Commissioners Discussion A motion to approve the Development Agreement between the City of Madeira Beach and C&T Enterprises, Inc. and MHH Enterprises, Inc. was made by Commissioner Hodges and seconded by Vice MayorShontz. ROLL CALL: Commissioner lister....................................... YES Vice-Mayor Shontz ............................ YES Commissioner Hodges ................................... YES Mayor Palladeno............................... YES Commissioner Poe .................................. ABSENT VM: in 54 years that she has lived here, never has she seen such nasty attacks on personal lives of CM, staff, and all of these developers. Under the leadership of the CM we have all new beach accesses, state of the art City Hall, ROC Park, Archibald Park, groins, and the 9/11 Memorial. Sorry that Elaine has joined this hateful group. Handing in resignation at 83 years old and 54 years of service. Effective immediately. 2. DEVELOPMENT AGREEMENT (MADEIRA BEACH TOWN CENTER) A PUBLIC HEARING AND CONSIDERATION OF AN APPLICATION TO ENTER IN A DEVELOPMENT AGREEMENT BElWEEN THE CITY OF MADEIRA BEACH AND MADEIRA BEACH DEVELOPMENT CO, LLC CONTINGENT ON THE APPROVAL OF ORDINANCE 2016-01 TO REZONE MULTIPLE PROPERTIES LOCATED ON 1501 H AVENUE, MADEIRA WAY, AND GULF BOULEVARD FROM RETAIL COMMERCIAL (C-3) TO PLANNED DEVELOPMENT (PD) DISTRICT. The Development Agreement and Ordinance 201.6-01. were heard and considered at the same time. 3. ORDINANCE 2016-01 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING CERTAIN REAL PROPERTY GENERALLY DESCRIBED AS 15026 MADEIRA WAY, 0 GULF BLVD, 0150th AVENUE, 15023 GULF BLVD, 15031 GULF BLVD, 0 MADEIRA WAY, 15000 MADEIRA WAY, 15006 MADEIRA WAY,15015 MADEIRA WAY, 15040 MADEIRA WAY,15042 MADEIRA WAY, 0150th AVENUE, 200150th AVENUE, 206 150th AVENUE, 210 150th AVENUE, 212150th AVENUE, 352 150th AVENUE, 388150th AVENUE, 390 150th AVENUE, 410150th AVENUE, 420 150th AVENUE, FROM RETAIL COMMERCIAL (C-3) TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. Applicant Presentation & Report Attorney Cate Wells: On May 10th, team provided presentation of the rezoning application. Have not made any changes, for going another presentation. The evidence and testimony in the May 10th commission hearing and the Planning hearings on March 14th and April 28th• Includes video and transcripts from the neighborhood meeting, applications, expert 06/14/2016 BOC Regula r M eet i ng, 5 19 testimony, presentations, planning analysis, traffic analysis, resumes and rendering, which are incorporated in this meeting. On May 10th, described the purpose for quasi-judicial hearing and how it differs from legislative hearing. During a legislative hearing, the commission is creating city wide policy by adopting regulation. Rezoning application complies with criteria. Staff reports contain confirming analysis. Cindy Terrapani: With Florida Design Consultants, Vice President of Planning. Here to talk about Town Center Project. Most of the site is in the commercial core. Rest of site is in the Causeway district. Property is eligible to use the resort facilities high provisions with increased density to hotels. Eligible for up to 125 rooms per acre, 15 residential units per acre, and a maximum FAR of 4.0. In order to use the additional density, it must go through with the PD rezoning. Staff Presentation & Report Luis Serna: This application has not changes since the first reading. Did detailed analysis of the 28 criteria and the findings are that it is consistent with the comprehensive plan. Recommendation for approval. Public Comment Mike Noble: Has not talked to any business that is opposed Shawn Rae: Full approval on behalf of the Tampa Bay Beaches Chamber of Commerce. Paul Tilka: most of this development seems to promote tourism and BOC should consider what the voters that put them in office want. Linda Tilka: Change is wanted. Citizens just want quality vs quantity. Frank DeBenedetto: with this development people won't have to travel to sit and enjoy vacation. Helen Palladeno: Loves the Karnes proposal and modern look. Compliments building like the one we're in now. Would like her property value to go up. Reese Noren: Thinks the petitioners had good intentions, but were misled in what we're trying to accomplish. Jeff Brown: Fortunate to serve on Board and can have inside look at what is going on. Gaye Prince: Rezoning of both properties have changed. Quotes Shakespeare "All that glitters in notgold" Jim Everett: Referendum in Treasure Island can't be built 5 over parking. Now there's no development. Rick Crowley: Had dialog on weekly basis with people who pass through and wants them to stay and spend money. Jeff Baggins: When Holiday Inn was here, Madeira Way had people and things going on., Housh Ghovaee: Hopes something will happen. Wants to thank Holton and Karns for big risks they are taking. Since he's in the field, he has a vision for how it will be. Applicant Closing Statement/Rebuttal Kate Wells: Opinion should not be based on opinion but on the facts presented. Respectfully requests approval. Staff Closing Statement Luis Serna: Staff recommends approval Board of Commissioners Discussion A motion to approve the Development Agreement between the City of Madeira Beach and Madeira Beach Development Co., LLC contingent on the approval of the rezoning Ordinance 2016-01 was made by Commissioner Lister and seconded by Commissioner Hodges ROLL CALL: Commissioner Lister....................................... YES Vice-Mayor Shontz.................. RESIGNED Commissioner Hodges ................................... YES Mayor Palladeno ............................... YES Commissioner Poe .................................. ABSENT 0 6 / 14 / 2016 BOC Regu l a r M eet in g , 6 19 A motion to approve Ordinance 2016-01 to rezone the properties associated with the Madeira Beach Town Center project was made by Commissioner Hodges and seconded by Commissioner Lister. ROLL CALL: Commissioner lister....................................... YES Vice-Mayor Shontz..................RESIGNED Commissioner Hodges ................................... YES Mayor Palladeno............................... YES Commissioner Poe .................................. ABSENT 4. PUBLIC HEARING FOR ALCOHOLIC BEVERAGE PERMIT A PUBLIC HEARING TO CONSIDER ALCOHOLIC BEVERAGE PERMIT APPLICATION #2016-03 FOR A 4COP LICENSE (BEER, WINE, AND LIQUOR; SALE BY THE DRINK FOR CONSUMPTION ON PREMISES AND PACKAGE SALES IN SEALED CONTAINERS) AT A RESTAURANT LOCATED AT 4330 DUH ME ROAD. CA: This is not a quasi-judicial hearing, but he now asks the applicant to approach the Board to present if desired. Jason Goldstein: Attorney on behalf of the applicant. The five criteria have been discussed in detail. There are several easements that are currently under legal review but the current seating would allow for the requested permit. The only parking spaces in question would really be the handicap parking. The only issue that may affect the other property owner do not have anything to do with the criteria for the permit up for a vote. Denhardt Attorney: We object to this license application. She introduced a copy of the correspondence that the City Attorney noted was distributed to the Board of Commissioners earlier today. As an expansion of a use, the nonconforming parking needs to brought into compliance. Parking is integral in approval of this permit. Right now, there is no handicapped parking spot due to the legal issue with the easements. We submit that four of the five criteria are not met in consideration for this permit. If the 4COP is approved, it will affect the character of the neighborhood for the surrounding properties. Safety hazards and congestions must be considered. Currently there is not off-street loading for this property and traffic is affected by Duh me Road. It leaves virtually no space for people to turn around and will cause back-up traffic. This is a situation of overbuild - the parking issues need to be addressed. Even without addressing these issues, this application should be denied due to the adverse effects. Unfortunately, it is just not compatible for this area. PZD: As shown in the packet, they did submit a new parking plan. The site plan has a new handicapped parking space that meets ADA regulations. The applicant also resubmitted with the correction that there were only four boat slips, not five. Attorney Goldstein: Why would they be concerned with the building to turn around in another parking lot -this is a case of a neighbor trying to control what happens on another property. To suggest that someone consuming liquor over beer will make it that much rowdier -that won't make much of a difference. It hasn't been a problem before, this is simply a feud between two property owners. Terry Lister: Can we make a condition that the loading be restricted to certain hours as it is down at John's Pass? The City Attorney said it was up to the motion maker to include. He doesn't want to make it difficult for the property owner, and only wants him to be aware of it. He won't ask that the motion be amended. A motion to approve ABP #2016-03 for a 4COP License at the Angry Pepper located at 4330 Duhme Road was made by Commissioner Hodges and seconded by Commissioner Lister. ROLL CALL: Commissioner Lister....................................... YES Vice-Mayor Shontz .................. RESIGNED Commissioner Hodges ................................... YES Mayor Palladeno............................... YES Commissioner Poe .................................. ABSENT 5. PUBLIC HEARING FOR ALCOHOLIC BEVERAGE PERMIT A PUBLIC HEARING TO CONSIDER ALCOHOLIC BEVERAGE PERMIT APPLICATION #2016-04 FOR A 2COP LICENSE (BEER AND WINE ONLY; SALE BY THE DRINK FOR CONSUMPTION ON PREMISES AND PACKAGE SALES IN SEALED CONTAINERS) AT A BAR LOCATED AT 13437 GULF BOULEVARD. 06 / 14/2016 BOC Regu l a r M eet i ng, 7 19 The Planning & Zoning Director made her staff report regarding the permit. Eric Audit: leased this bar after it had been closed for a few months due to a fire. So far, he has done about $40,000 of renovations to the building. He is looking to improve the bar and the area - craft beer will be served and the vision is that this will be a "Beach Bar" instead of a "Fisherman's Bar" as it was before. He met with Dr. Fedor who wrote a letter addressing some of his concerns and will be working with him to ensurethat anything can be resolved. His wife was raised here and they want to bring something positive to this town. They are responsible and he has 25 years as a hotel executive with food and beverages. He knows that it takes to make a good, sound business decision. He has two requirements for his business: (1) my wife can walk in alone and feel safe and (2) we want to know everyone who comes to their establishment. Terry lister: Do you have parking striped or stops to show where to park? He thinks it needs to be clearer on how to park in that lot. Mr. Audit: He thinks it is fair to mark the parking appropriately and he wants to be good neighbors with Dr. Fedor. A motion to approve ABP #2016-04 for a 2COP License for a bar located at 13437 Gulf Boulevard was made by Commissioner Lister and seconded by Commissioner Hodges. ROLL CALL: Commissioner lister....................................... YES Vice-Mayor Shontz .................. RESIGNED Commissioner Hodges ................................... YES Mayor Palladeno ............................... YES Commissioner Poe .................................. ABSENT 6. RESOLUTION 2016-21 A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA AMENDING THE FISCAL YEAR 2016 BUDGET BY INCREASING GENERAL FUND REVENUE IN THE AMOUNT OF $39,000; INCREASING GENERAL FUND CAPITAL OUTLAY EXPENDITURES IN THE AMOUNT OF $18,000; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve Resolution 2016-21 was made by Commissioner Hodges and seconded by Commissioner Lister. ROLL CALL: Commissioner lister....................................... YES Vice-Mayor Shontz..................RESIGN ED Commissioner Hodges ................................... YES Mayor Palladeno............................... YES Commissioner Poe .................................. ABSENT A. WAIVER OF BID REQUIREMENTS AND AUTHORIZATION OF EXPENDITURES A WAIVER OF BID REQUIREMENTS AND AUTHORIZATION OF EXPENDITURES IN THE AMOUNT OF $16,625 TO MEND IT ASPHALT & CONCRITT SERVICES, INC. FOR JOHN'S PASS PARKING AREA PROJECT RELATED TO RESOLUTION2016-21. A motion to waive the bid requirements and authorize expenditures for the John's Pass Parking Area Project as related to Resolution 2016-21 was made by Commissioner Lister and Commissioner Hodges. ROLL CALL: Commissioner lister ................................ YES Vice-Mayor Shontz..................RESIGNED Commissioner Hodges............................. YES Mayor Palladeno............................... YES Commissioner Poe ............................ABSENT 7. RESOLUTION 2016-22 A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2016 BUDGET BY DECREASING SANITATION FUND CAPITAL OUTLAY EXPENDITURES IN THE AMOUNT OF $202,000; DECREASING MARINA FUND CAPITAL OUTLAY EXPENDITURES IN THE AMOUNT OF $50,000; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve Resolution 2016-22 was made by Commissioner Lister and Commissioner Hodges. ROLL CALL: Commissioner lister....................................... YES Vice-Mayor Shontz ..................RESIGNED Commissioner Hodges ................................... YES Mayor Palladeno............................... YES Commissioner Poe .................................. ABSENT 06/14/2016 BOC Reg ular M eet i ng, 8 19 K. REPORTS/CORRESPONDENCE • CITY COMMISSION • CITY ATTORNEY e CITY MANAGER • CITYCLERK Terry Lister: Thanked Commissioner Shontz - she will be deeply, deeply missed. CA: Now that Vice-Mayor Shontz has resigned, he wants to address appointment of that position. According to the City Charter, the position needs to be filled within 30 days and a new Vice-Mayor will need to beselected. CM: His suggestion is as follows: we can have an ad in the Beach Beacon by next week. It will give people one weekto respond, one week to consider, and the new Commissioner will be sworn in at the next BOC Regular Meeting inJuly. The next Vice-Mayor will also be appointed at that meeting. CA: He has one more suggestion - he has seen in other cities that some will choose that appointment within the Board of Commissioners themselves. There will be an election coming up at the end of the year-do you want someone to run as incumbent orto just serve the rest of the term without intent to run again. Nancy Hodges: Is there any type of application? CA: There is no requirement, the only thing that the City Charter requires is that the position is filled in 30 days. CM: He believes that given the current atmosphere and criticism, it should be opened to the public and published but it is, of course, to be determined by the Board. Commissioner Lister agreed. The City of Treasure Island put out an RFP to take over its ~inaneial fire* services. He has reviewed with the Finance Director and Fire Chief and determined that there really is no real money to be made. If we want to talk about merging in the future, that's fine. With the expansion with the Redington Beaches as well, this would be extra without much benefit to the City Consensus to move forward with applications L. ADJOURNMENT • Amended at the 09/13/2016 Regular Meeting Date approved: August 9. 2016 Travis Palladeno, Mayor submittedbyNickl.ewis:s~pport Specialist 06/14/2016 BOC Reg u l ar M e e t i n g, 9 19 BOARD OF COMMISSIONERS - REGULAR MEETING ON JUNE 14, 2016 PUBLIC COMMENT NAM l · A'DDRFS'- /\(.3f NlJA 11LM F. P-ubuc Comment 201-1so1h Avenue Jeffery D. Brown J-1. Holiday Isle Marina Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 742 Pruitt Drive Sam Baker F. Public Comment (Petition) Madeira Beach, FL 33708 F. PublicComment(Commission) 15458 -151 Street East Jim Everett J-1. Holiday Isle Marina Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 20001 Gulf Boulevard Steve Pase F. PublicComment Indian Shores, FL 33785 429 Boca Ciega Drive Sam Lewis F. Public Comment (Commission) Madeira Beach, FL 33708 F. Public Comment 225 Boca Ciega Drive Renee Krupp J-1. Holiday Isle Marina Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center F. Public Comment 225 Boca Ciega Drive Kathy Behrman J-1. Holiday Isle Marina Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 15329 Harbor Drive F. Public Comment Steve Miller Madeira Beach, FL 33708 J-1. Holiday Isle Marina 401-1501h Avenue, #221 F. PublicComment Linda Hein Madeira Beach, FL 33708 J-1. Holiday Isle Marina 420 Boca Ciega Drive Chelsea Nelson F. Public Comment (Petition) Madeira Beach, FL 33708 F. PublicComment 13301- 2nd Street East Marilyn Eckhert J-1. Holiday Isle Marina Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center F. PublicComment 11590 741h Avenue Sandy Holloway J-1. Holiday Isle Marina Seminole, FL 33772 J-2/3. Madeira Beach Town Center 561 Crystal Drive Richard J. Lewis 1-5. Ferry Services Contract Madeira Beach, FL 33708 116 -13l51 Avenue East Shirley Nelle J-1. Holiday Isle Marina Madeira Beach, FL 33708 20001 Gulf Boulevard J-1. Holiday Isle Manna Bob Lyons· Indian Shores, FL 33785 J-2/3. Madeira Beach Town Center 14097 East Parsley Drive J-1. Holiday Isle Marina Phil Ragan Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 15520 Gulf Boulevard Robert Klingel J-2/3. Madeira Beach Town Center Redington Beach, FL 33708 15402 2nd Avenue East J-1. Holiday Isle Marina Janet Melia Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center Rich Chapman 14950 Gulf Boulevard, #807 J-1. Holiday Isle Marina Page 1 of 2 Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center J-1. Holiday Isle Marina 7449-124th Street Eric Audit J-2/3. Madeira Beach Town Center Seminole, FL 33772 J-5. ABP #2016.04 (Castaways) 14950 Gulf Boulevard, #807 Nancy Chapman J-2/3. Madeira Beach Town Center Madeira Beach, FL 33708 11670 - 6th Street East Dennis Fagan J-1. Holiday Isle Marina Madeira Beach, FL 33708 569 Normandy Road John Hendricks J-2/3. Madeira Beach Town Center Madeira Beach, FL 33708 14010 Gulf Boulevard J-1. Holiday Isle Marina Evelyn Page Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 175 East Medallion Boulevard J-1. Holiday Isle Marina Cassandra Todaro Madeira Beach, FL 3708 J-2/3. Madeira Beach Town Center 158- 131st Avenue Mike Noble J-2/3. Madeira Beach Town Center Madeira Beach, FL 33708 507 - 129th Avenue East J-1. Holiday Isle Marina Robert A. Shaw Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 400-64th Avenue#807 J-1. Holiday Isle Marina Shawn Rae St. Pete Beach, FL 33706 J-2/3. Madeira Beach Town Center 14091 North Bayshore Drive J-1. Holiday Isle Marina PaulTilka Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 14091 North Bayshore Drive J-1. Holiday Isle Marina LindaTilka Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 726 Sunset Cove J-1. Holiday Isle Marina Frank Di Benedetto Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 13319 Boca Ciega Avenue J-1. Holiday Isle Marina Helen A. Palladeno Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 363A Medallion Drive J-1. Holiday Isle Marina Rees Noran Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 14045 Marguerite Drive J-1. Holiday Isle Marina Gaye Prine Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 1375 Pasadena Avenue S, #604 J-1. Holiday Isle Marina James Scarborough South Pasadena, FL 33707 J-2/3. Madeira Beach Town Center Pastor Rick Cowley, 50 - 153rd Avenue J-1. Holiday Isle Marina Crossbridge Church Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 14995 Gulf Boulevard J-1. Holiday Isle Marina Jeremy Runo Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 14995 Gulf Boulevard J-1. Holiday Isle Marina Jeff Beggins Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 220 - 144th Avenue J-1. Holiday Isle Marina Randy Kerschner Madeira Beach, FL 33708 J-2/3. Madeira Beach Town Center 101 Wimbledon Court J-1. Holiday Isle Marina Dr. Heidi Goldberg Redington Shores, FL 33708 J-2/3. Madeira Beach Town Center 423 -150th Avenue Housh Ghovae J-1. Holiday Isle Marina Madeira Beach, FL 33708 Page 2 of 2 June14,2016 To the Citizens of Madeira Beach, Board of Commissioners, Cly Manager, Cly Attorney Trask, and Cly Clerk! You have given me the honor of serving the residents of Madeira Beach over the years both as your City Comm issioner and your Mayor. This prhtilege has El>v.ed me to work with so many of you to create the special qually of le we enjoy here i1 Madeira Beach. ti the past, numerous achievements were accomplshed i1 the Cly because the community, the City Adminstration and the focus of the City Commission. Our beautiful community has been run by is active residents and the h<l"d work and dedication of the City Managerand his adm i'listration, both who have spent a tremendous amount of their time to le rally re-create the City and make I a better community. Tragically overthe pastservalmonths, the City of Madeira Beach has been turned upsk1e down, and the Cly Manager and his administration and the resk:lents of this Cly are secondary to the nasty politics i1 our City. Therefore, lam resignirg as your \Ace-Mayor and a City Commssioner effective inmediately. Ihave seen the City achieve many great things under the lladersh4) of our current City Manager • If you beleve h him, I beleve you can resmre thi. Cly's reputatbn back to wtet we rave created over the past four years. l has been an honor and a privillge to have served on this Council. Your support and assistance over the years i; something !shall always remember and cherish. cc: Aimee Servedio, City Clerk Shane B. Crawford, City Manager Tom Trask, City Attorney Travis Palladeno, Mayor Terry Lister, Commissioner Nancy Hodges.Commissioner Elaine Poe, Commissioner

Agenda

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, JUNE 14, 2016 COMMISSION CHAMBERS REVISED JUNE 13, 2016 A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE – COMMISSIONER TERRY LISTER C. ROLL CALL D. APPROVAL OF THE MINUTES E. APPROVAL OF THE AGENDA DAIS LOG REVIEW F. PUBLIC COMMENT – LIMITED TO THREE (3) MINUTES G. CONSENT AGENDA – NONE H. UNFINISHED BUSINESS 1. ORDINANCE 2016-05 A SECOND AND FINAL 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. I. CONTRACTS/AGREEMENTS 1. APPROVAL OF AGREEMENT WITH PINELLAS COUNTY SCHOOL BOARD REGARDING BICENTENNIAL PARK 2. APPROVAL OF JOINT USE AGREEMENT WITH PINELLAS COUNTY SCHOOL BOARD 3. APPROVAL OF EMERGENCY MEDICAL SERVICES CONTINUING MEDICAL EDUCATION AGREEMENT 4. AUTHORIZATION TO EXECUTE FINANCIAL AUDIT ENGAGEMENT LETTER FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016 WITH WELLS, HOUSER & SCHATZEL, PA IN ACCORDANCE WITH RFP NO. 15-1100. 5. BID AWARD OF RFP 2016.01 (MADEIRA BEACH FERRY SERVICES) TO HUBBARD’S MARINA AND CONTRACT APPROVAL. J. 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 C&T ENTERPRISES, INC. AND MHH ENTERPRISES, INC. CONTINGENT ON THE APPROVAL OF ORDINANCE 2015-18 TO REZONE THE PROPERTY LOCATED AT 555 AND 565 150TH AVENUE FROM C-4, MARINE COMMERCIAL TO PD, PLANNED DEVELOPMENT. 2. DEVELOPMENT AGREEMENT (MADEIRA BEACH TOWN CENTER) 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 2016-01 TO REZONE MULTIPLE PROPERTIES LOCATED ON 150TH AVENUE, MADEIRA WAY, AND GULF BOULEVARD FROM RETAIL COMMERCIAL (C-3) TO PLANNED DEVELOPMENT (PD) DISTRICT. 3. ORDINANCE 2016-01 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING CERTAIN REAL PROPERTY GENERALLY DESCRIBED AS 15026 MADEIRA WAY, 0 GULF BLVD, 0 150th AVENUE, 15023 GULF BLVD, 15031 GULF BLVD, 0 MADEIRA WAY, 15000 MADEIRA WAY, 15006 MADEIRA WAY,15015 MADEIRA WAY, 15040 MADEIRA WAY,15042 MADEIRA WAY, 0 150th AVENUE, 200 150th AVENUE, 206 150th AVENUE, 210 150th AVENUE, 212 150th AVENUE, 352 150th AVENUE, 388 150th AVENUE, 390 150th AVENUE, 410 150th AVENUE, 420 150th AVENUE, FROM RETAIL COMMERCIAL (C-3) TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. 4. PUBLIC HEARING FOR ALCOHOLIC BEVERAGE PERMIT A PUBLIC HEARING TO CONSIDER ALCOHOLIC BEVERAGE PERMIT APPLICATION #2016-03 FOR A 4COP LICENSE (BEER, WINE, AND LIQUOR; SALE BY THE DRINK FOR CONSUMPTION ON PREMISES AND PACKAGE SALES IN SEALED CONTAINERS) AT A RESTAURANT LOCATED AT 4330 DUHME ROAD. 5. PUBLIC HEARING FOR ALCOHOLIC BEVERAGE PERMIT A PUBLIC HEARING TO CONSIDER ALCOHOLIC BEVERAGE PERMIT APPLICATION #2016-04 FOR A 2COP LICENSE (BEER AND WINE ONLY; SALE BY THE DRINK FOR CONSUMPTION ON PREMISES AND PACKAGE SALES IN SEALED CONTAINERS) AT A BAR LOCATED AT 13437 GULF BOULEVARD. 6. RESOLUTION 2016-21 A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA AMENDING THE FISCAL YEAR 2016 BUDGET BY INCREASING GENERAL FUND REVENUE IN THE AMOUNT OF $39,000; INCREASING GENERAL FUND CAPITAL OUTLAY EXPENDITURES IN THE AMOUNT OF $18,000; AND PROVIDING FOR AN EFFECTIVE DATE. A. WAIVER OF BID REQUIREMENTS AND AUTHORIZATION OF EXPENDITURES A WAIVER OF BID REQUIREMENTS AND AUTHORIZATION OF EXPENDITURES IN THE AMOUNT OF $16,625 TO MEND IT ASPHALT & CONCRETE SERVICES, INC. FOR JOHN’S PASS PARKING AREA PROJECT RELATED TO RESOLUTION 2016-21. 7. RESOLUTION 2016-22 A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2016 BUDGET BY DECREASING SANITATION FUND CAPITAL OUTLAY EXPENDITURES IN THE AMOUNT OF $202,000; DECREASING MARINA FUND CAPITAL OUTLAY EXPENDITURES IN THE AMOUNT OF $50,000; AND PROVIDING FOR AN EFFECTIVE DATE. K. REPORTS/CORRESPONDENCE  CITY COMMISSION  CITY ATTORNEY  CITY MANAGER  CITY CLERK L. ADJOURNMENT 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. Posted June 10, 2016

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