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 the Madeira Beach Patricia Shontz Commission Chambers, located at300 Municipal Drive, Madeira Beach, Florida to discuss the agenda items of City Business listed at the time indicated below. !6:00 P.M. TUESDAY, FEBRUARY 14, 2017 COMMISSION CHAMBERS A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE - Commissioner Terry Lister C. ROLLCALL D. APPROVAL OF THE MINUTES E. APPROVAL OF THE AGENDA PRESENTATIONS/PROCLAMATIONS 1. FIREFIGHTER OF THE YEAR AWARD - C. JAMIE MCGAUGHEY DERRYL O'NEAL, FIRE CHIEF 2. RECOGNITION OF SERVICE DERRYL O'NEAL, FIRE CHIEF F. PUBLIC COMMENT- LIMITED TO THREE (3) MINUTES G. CONSENT AGENDA H. UNFINISHED BUSINESS 1. ORDINANCE 2016-17 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 34 (ENVIRONMENT), ARTICLE Ill (NOISE), SECTION 34-89 (EXCEPTIONS) TO CLARIFY THE DEFINITION OF EXCEPTIONS TO THE TERM "LOUD AND RAUCOUS NOISE;" BY PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. 2. ORDINANCE 2016-18 A SECOND AND Fl NAL READING OF AN ORDINANCE OF THE CITY OF MADEi RA BEACH, FLORI DA, AMENDING CHAPTER 42 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE II (SPECIAL EVENTS), SECTION 42-16 (DEFINITION) TO CLARIFY THE DEFINITION OF SPECIAL EVENTS; BY PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE 3. ORDINANCE 2016-19 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE VIII (SPECIAL MAGISTRATE), SECTION 2-503 (CONDUCT A HEARING) TO CLARIFY THE REQUIREMENTS OF CONDUCTING A HEARING; BY PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. 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 t he proceedings and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includP.s thf' tP.stimany and P.vidP.nCP. upon which thP. app~al 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 Month XX, 2016  4. ORDINANCE 2017-01 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, 0 150th AVENUE, 200 150th AVENUE, 206 150th AVENUE, 210 150th AVENUE, 212150th AVENUE, 352 150th AVENUE, 388150th AVENUE, 390150th AVENUE, 410150th AVENUE, 420150th AVENUE, FROM PLANNED DEVELOPMENT (PD) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. 5. DEVELOPMENT AGREEMENT 6. ORDINANCE 2017-02 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, UPDATING MADEIRA BEACH'S COMPREHENSIVE PLAN CAPITAL IMPROVEMENT ELEMENT BY ADOPTING AN ADDENDUM TO THE FIVE- YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR FY 2017 THROUGH FY 2021; PROVIDING FOR READING BY TITLE ONLY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES tN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. I. NEW BUSINESS 1. ORDINANCE 2017-03 A FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 (ZONING), ARTICLE V (DISTRICTS) AS TO SECTIONS 110-154, 110-179, 110-204, 110-229 AND 110-259, AND ARTICLE VI (SUPPLEMENTARY DISTRICT REGULATIONS) AS TO SECTIONS 110-596, 110-859, 110-881, 110-882, 110-884, po- 885 and 110-886, TO SUBSTITUTE THE WORDS "SPECIAL MAGISTRATE" FOR "BOARD OF ADJUSTMENT" AS CONTAINED THEREIN; BY PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. 2. ORDINANCE 2017-04 A FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA REZONING CERTAIN REAL PROPERTY GENERALLY DESCRIBED AS O 150™ AVENUE, 555 - 150™ AVENUE AND 565 - 150TH AVENUE FROM PLANNED DEVELOPMENT (PD) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. 3. ORDINANCE 2017-05 A FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE Ill (BOARDS, COMMITTEES, COMMISSIONS), DIVISION 2 (PLANNING COMMISSION), SECTION 2-77 (ORGANIZATION) TO CHANGE THE MEETING DATE OF THE PLANNING COMMISSION FROM THE SECOND MONDAY OF EACH MONTH TO THE FIRST MONDAY OF EACH MONTH, AS NEEDED; AND BY PROVIDING FOR AN EFFECTIVE DATE. 4. DISCUSSION ON CITY CLERK RESIGNATION AGREEMENT SHANE B. CRAWFORD, CITY MANAGER 5. DISCUSSION ON APPOINTING INTERIM/PERMANENT CITY CLERK SHANE B. CRAWFORD, CITY MANAGER J. REPORTS/CORRESPONDENCE • CITY COMMISSION • CITY ATTORNEY • CITY MANAGER • CITY CLERK K. ADJOURNMENT Any person who decides to appeal any decision of the City Commission with respect to any matter considered atthis meeting will need a record of t he proceed ings 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 orfax a written request to 727-399-1131. Posted Month XX, 2016  THE CITY OF MADEIRA BEACH, FLORIDA PUBLIC NOTICE !1 BOARD OF COMMISSIONERS ADEIRA. £EA~H -- REGULAR MEETING The floard of Commissl<mers of the City of Madeira Beath, Florida will meet at the Madeira Beach Patrir.ia Shontz Commis~ion Chambers, located at 300 Municipal Drive, M~dei ra Beach, Florida to discuss the agenda Items of City Busine~s listed at the time indicated below. j 6:00P.M. TUESDAY, FEBRUARY 14. 2017 C:OMMISSION CHAMBERS I A. CALL TO ORDER -The meeting was called to order at 6:01 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE·- Commissioner Terry Lister C. ROLLCALL D. APPROVAL OF THE MINUTES 1. BOC REGULAR MEETING NOVEMBER 15, 2016 Z. BOC REGULAR MEETING DECEMBER 13, 2016 3. BOC REGULAR MEETING JANUARY 10, 2017 4. BOC SPECIAL MEETING JANUARY 17, 2017 A motion to approve the minutes as presented was made by Vice-Mayor Ghovaee and seconded by Commissioner Lister. ROLL CALL: Comml5sloner Llster.................,......................VES Vice-Mayor Ghovaee.........................YES Commissioner Hodies....................................VES Mayor Palladeno................................ YES Commissioner Ferro-Spllde ............................YES The motion passed s-o E. APPROVAL OF THE AGENDA A motion to approve the agenda as pmsr.nted was made by Commissioner Lister and seconded by Commissioner Hodges. ROLL CALL: Commissioner Lister ........................................VES Vice-Mayor Ghovaee.........................YES Commissioner Hodges .................................... YES Mayor Palladeno................................YES Commissioner Ferro-Spilde............................YES The motion passes 5-0 PRESENTATIONS/PROCLAMATIONS 1. FIREFIGHTER OF THE YEAR AWARD-C. JAMIE MCGAUGHEY DERRYL O'NEAL, FIRE CHIEF 2. RECOGNITION OF SERVICE DERRYL O'NEAL, FIRE CHIEF F. PUBLIC COMMENT- LIMITED TO THREE (3) MINUTES G. CONSENT AGENDA 1. MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF MADEIRA BEACH- PERIOD OF PERFORMANCE EXTENSION 02/14/2017 BOC R e gu l a M eeting A c t i o n Minute~ agP 1 1 5 A motion to approve the modification to subgrant agreement between the Division of Emergency Management and the City of Madeira Beach was made by Commissioner Lister and seconded by Commissioner Hodges ROLL CALL: Commissioner Lister ........................................YES Vice-Mayor Ghovaee.........................YES Commissioner Hodges....................................YES Mayor Palladeno................................YES Commissioner Ferro-Spilde............................YES The motion passes 5-0 H. UNFINISHED BUSINESS 1. ORDINANCE 2016-17 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH. FLORIDA, AMENDING CHAPTER 34 (ENVIRONMENT). ARTICLE Ill (NOISE). SECTION 34-89 (EXCEPTIONS) TO CLARIFY THE DEFINITION OF EXCEPTIONS TO THE TERM "LOUD AND RAUCOUS NOISE;" BY PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO Tl-IE EXTENT OF SUCH CONFLICT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. A motion to approve Ordinance 2016-17 on its second and final reading was made by Commissioner Lister and seconded by Commissioner Hodges. ROLL CALL: Commissioner lister........................................YES Vice-Mayor Ghovaee.........................YES Commissioner Hodges....................................VES Mayor Palladeno................................YES Commissioner Ferro-Spilde ............................YES The motion Passes 5-0 2. ORDINANCE 2016-18 A SECOND AND FINAL READING OFAN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 42 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE 11 (SPECIAi. EVENTS), SECTION 42-16 (DEFINITION) TO CLARIFY THE DEFINITION OF SPECIAL EVt:NTS; BY PROVIDING FOR REPEAL OF ORDINANCES OR PARTS Of- ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCII CONFLICT; BY PROVIDING FOR SEVERABII.ITV; AND BY PROVIDING FOR AN EFFECTIVE DA'TE A motion to npprove ordinance 2016-18 on it!I second and final reading was made by Commissioner Hodges and seconded by Con1missloner Ferro-Spilde. ROLL CALL: Commissioner Lister........................................VES Vice-Mayor Ghovaee.........................YES Commissioner Hodges....................................YES Mayor Palladeno ................................YES Commissioner Ferro-Spilde............................YES The motion Passes 5-0 3. ORDINANCE 2016-19 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 2 (ADMINISTRATION). ARTICLE VIII (SPECIAL MAGISTRATE), SECTION 2-503 (CONDUCT A HEARING) TO CLARIFY THE REQUIREMENTS OF CONDUCTING A MEARING; BY PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES lN CONFLICT IIEREWITH TO THE EXTENT OF SUCH CONFLICT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFF.CTIVE DATE. A motion to approve Ordinance 2016-19 on its second and final reading was made by Vice Mayor Ghovaee and seconded by Commissioner Lister. ROLL CALL: Commissioner Llster........................................YES Vlce•Mayor Ghovaee .........................YES Commissioner Hodges....................................YES Mayor Palladeno................................YES Commissioner Ferro-Spilde............................YES The motion Passes S·0 02/14/2017 BOC Regu ar Meeting Act on M n ut es Pa e 2 15  4. ORDINANCE 2017~01 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING CERTAIN REAL PROPERTY GENERALLY DESCRIBE DAS 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, 0 150th AVENUE, 200 150th AVENUE, 206 150th AVENUE, 210 150'h AVENUE, 212 150th AVENUE, 352 150th AVENUE, 388 150th AVENUE, 390 1501h AVENUE, 410 150th AVENUE, 420 150th AVENUE, FROM PLANNED DEVELOPMENT (PD) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. A motion to approve Ordinance 2017-01 on its second and final reading was made by Commissioner Lister and seconded by Commissioner Hodges ROLL CALL: Commissioner llster........................................YES Vice-Mayor Ghovaee.........................YES Commissioner Hodges....................................YES Mayor Palladeno................................YES Commissioner Ferro-Spilde............................YES The motion Passes S·0 5. DEVELOPMENT AGREEMENT (MADEIRA BEACH TOWN CENTER) CONSIDER THE APPLICATION FOR ENTERING INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MADEIRA BEACH AND MADEIRA BEACH TOWN CENTER, LLC AS REZONED IN ORDINANCE 2017-01. A motion to approve the entering of a development agreement between The City of Madeira Beach and Madeira Beach Town Center, LLC was made by Commissioner lister and seconded by Commissioner Hodges ROLL CALL: Commissioner Uster........................................YES Vice-Mayor Ghovaee.........................YES Commissioner Hodges ....................................YES Mayor Palladeno................................YES Commissioner Ferro-Spilde............................YES The motion Passes S·0 6. ORDINANCE 2017-02 A SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, UPDATING MADEIRA BEACH'S COMPREHENSIVE PLAN CAPITAL IMPROVEMENT ELEMENT BY ADOPTING AN ADDENDUM TO THE FIVE· YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR FY 2017 THROUGH FY 2021; PROVIDING FOR READING flY TITLE ONLY; PROVIDING FOR SEVERABJLITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. A motion to approve ordinance 2017-02 on its second and final reading was made by Commissioner Hodges and seconded by Commissioner Ferro-Spilde ROLL CALL: Commissioner Llster........................................YES Vice-Mayor Ghovaee......................... YES Commissioner Hodges....................................YES Mayor Palladeno................................YES Commissioner Ferro•Spilde............................YES The motion Passes 5-0 I. NEW BUSINESS 1. ORDINANCE 2017-03 A FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMt:l\lDING CHAPTER 110 (ZONING), ARTICLE V (DISTRICTS) AS TO SECTIONS 110-154, 110-179, 110-204, 110-229 AND 110-259, AND ARTICLE VI (SUPPLEMENTARY DISTRICT REGULATIONS) AS TO SECTIONS 110-596, 110·859, 110-881, 110·882. 110·884, 110· 885 and 110-886. TO SUBSTITUTE THE WORDS "SPECIAL MAGISTRATE" FOR "BOARD OF ADJUSTMF.NT" AS CONTAINED THEREIN; BY PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. 02/l ' /20 1 7 BOC Regu l a , M ee t n g Act o n M n ut e \ P ge 3 5 A motion to approve the first reading of ordinance 2017-03 was made by Vice-Mayor Ghovaee and seconder by Commissioner Ferro-Spilde. ROLL CALL: Commissioner Lister........................................YES Vice-Mayor Ghovaee.........................YES Commissioner Hodges....................................YES Mayor Palladeno................................YES Commissioner Ferro-Spilde............................YES The motion Passes S·O 2. ORDINANCE 2017-04 A FIRST IH:ADING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA REZONING CERTAIN REAL PROPERTY 11f.NERALLY DESCRIBE[) AS O lSOrn AVENUE, 555 - 150m AVENUE AND 565 - lSOrM AVENUE FROM PLANNED DEVELOPMl:NT (PD) DISTRICT TO PIANNED DEVELOPMENT (PDj DISTRICT; PROVIDING FOR READING BV TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. A motion to approve the first reading of Ordinance 2017-04 was made by Commissioner Lister and Seconded by Vice- Mayor Ghovaee ROLL CALL: commissioner lister........................................VES Vice-Mayor Ghovaee.........................YES Commissioner Hodges....................................VES Mayor Palladeno ................................YES Commissioner Ferro-Spilde............................VES The motion Passes 5-0 3. ORDINANCE 2017-05 A FIRST READING OF AN ORDINANCE OF THF. CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 2 (ADMINISTRATION), I\RTICl.f: Ill (BOARDS, COMMITTEES, COMMISSIONS), DIVISION 2 {PLANNING COMMISSION), SECTION 2-7"/ (ORGANIZATION) TO CHANGE THE MEETING DATE OF THE PLANNING COMMISSION FROM THE SECOND MONDAY Of' EACH MONTH TO THE FIRST MONDAY OF EACH MONTH, AS NEEDED; AND BY PROVIDING FOR AN EFFECTIVE DATF.. A motion to approve the first reading of Ordinance 2017-0S was made by Commissioner Hodges and seconded by Vice Mayor Ghovaee ROLL CALL.; Commissioner Lister........................................YES Vice-Mayor Ghovaee.........................YES Commissioner Hodges....................................YES Mayor Palladeno ................................YES Commissioner Ferro-Spilde............................VES The motion Passes 5-0 4. DISCUSSION AND POSSIBLE ACTION ON CITY CLERK RESIGNATION AGREEMENT SHANE B. CRAWFORD. CITY MANAGER A motion to accept the resignation of the City Clerk was made by Commissioner Lister and seconded by Commissioner Ferro-Spilde ROLL CALL: Commissioner Llster........................................YES Vice-Mayor Ghovaee.........................YES Commissio11l'!r Hodgl!s....................................VES Mayor Palladeno ................................YES Comntlsslonr.r Ferro-Spilde............................YES 1 he motion Passes 5-0 S. DISCUSSION ON APPOINTING INTERIM OR PERMANENT CITY CLERK SHANE B. CRAWFORD, CITY MANAGER 02/14/2017 BOC Regu l a r M ee i in g Action Minute'> Page 4 1 5 A motion to appoint Cheryl McGrady as the City Clerk was made by Vice-Mayor Ghovaee and seconded by Commissioner Lister. ROLL CALL: Commissioner Lister........................................VES Vice-Mayor Ghovaee.........................YES Commissioner Hodges....................................YES Mayor Palladeno................................YES Commissioner Ferro-Spilde............................YES The motion Passes 5-0 J. REPORTS/CORRESPONDENCE o CITY COMMISSION o CITY ATTORNEY o CITY MANAGER • CITY CLERK K. ADJOURNMENT-The meeting adjourned at 10:21 p.m. Date approved: March 07, 2017 Travis Palladeno, MAYOR 02/14/2017 BOC R egu l a 1 M eet i ng Action Minute, P e sIs