Board of Commissioners Regular Meeting

MJNUTES BOARD OF COMMISSIONERS REG ULAR MEETI NG APRIL 14, 2021 6: 00 p.m. A regular meeting of the City o f Madeira Beach Board of Commissioners was he ld at 6:00 p.m. on April 14, 202 1 in th e Patric ia Shontz Commission Chambers at City Hall , located at 300 Municipal Drive, Madeira Beach. Flori da. MEMBERS PRESENT: John B. Hendricks. Mayor (first roll call) Helen '·Happy"· Price. Vice Mayor/Comm issioner District I Nancy Hodges, Commissioner District 2 Doug Andrews, Comm issioner Di strict 3 Dave Hutson. Commi ss ioner District 4 CITY STAFF PRESENT: Robert Daniels, City Manager Clara VanBlargan, C ity Clerk Thomas Trask. City Attorney 1. CALL TO ORDER Mayor Hendricks called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE O F ALLEGIANCE Commissioner Hodges gave the Invocation and led the Pledge o f A ll egiance. 3. ROLL CALL City Clerk Clara VanBlargan ca ll ed the ro ll. 4. APPROVAL OF T HE AGE NDA Vice Mayor Price asked to move Consent Agenda Item 8.C .. First Amendment to W&A Cleaning Serv ices. LLC Agreement & Contract to under 11. Contracts/Agreements as Agenda Item 11 .B. Commiss ioner Andrews motioned to approve the Agenda, moving Agenda Item 8.C. to I 1.8. Commissioner Hodges seconded the motion. ROLL CALL: Comm issioner Andrews "YES" Comm issioner Hodges "YES" April 14, 202 1, BOC Regular Meeting Page 1 of 22  Vice Mayor Price "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 5. PROCLAMATIONS/PRESENTATIONS 5.1. PROCLAMATIONS-MAYOR/CITY CLERK A. 52 nd Annual Professional Municipal Clerks Week; May 2- May 8, 2021 Mayor Hendricks read a proclamation proclaiming May 2 - May 8, 2021 as the 52 nd Annual Professional Municipal Clerks Week and extended appreciation to the City's Municipal Clerk, Clara VanBlargan. 5.2. PRESENTATIONS (limited to 10 minutes each) 6. PUBLIC COMMENT Mayor Hendricks opened to public comment: Lois Jacobsen, 568 Lillian Drive, said the signage for Kitty Stuart Park is incorrect. The correct name is Kitty Stuart Park and not Tom and Kitty Stuart Park. Guy Critelli, 13025 Pelican Lane, said something needed to be done about two-wheeled motorized bicycles in Madeira Beach. Kids ride them too fast and into the streets. The parking fees in John's Pass needs to be lowered so tourists wi 11 want to come back. Robert Preston, 425 S. Bayshore Drive, asked for a status on beach groins, grants, and the fence to be installed at the Marina. He would like to see additional information in the City Manager's Report on how well the Marina is doing compared to last year. Turtle season starts on May I, and Code Enforcement needs to adjust their schedule a couple of times during the week to be out there at night to see who is violating the light code. Donna Stasiuk, 14001 Marguerite Drive, said she thought the permitting fees would be waived for home repair due to the recent storms in November. A contractor from another county did the inspection on her new roof and he charged $485 to come out and take pictures. She was told that the wrong roofing materials were used and if something were to happen later, she could file the claim on her insurance. The problem should be corrected now. The new roof is costing between $7,000 and $8,000. The permit for the final roof inspection is yet to be signed off on since December. City Manager Robert Daniels read emailed public comments: April 14, 2021, BOC Regular Meeting Page 2 of22  • Becky Stone, 522 Lillian Drive, stressed concern about the congested traffic and parking issues in the City and said there needed to be a plan to address them. • Mike Ferzacca, 13620 Gulf Blvd., stressed traffic concerns due to the opening of the new hotel, restaurant, and the red-light timers. 7. COMPREHENSIVE ANNUAL FINANCIAL REPORT, FISCAL YEAR ENDED SEPTEMBER 30, 2020 Financial Consultant Andrew Laflin reviewed the item. Zach Chalifour, CPA with the auditing firm, James Moore Certified Public Accountants and Consultants, showed a PowerPoint presentation providing a brief overview of the audit results. The best they could do was issue an unmodified opinion, meaning that the financial statements were fairly presented in all material respects. There was one significant deficiency that was related to a prior period reinstatement, which changed the starting number on the balance sheet. In prior years, capital expenditures were recorded related to road improvements. It was a county or state- owned road and not a City-owned asset. Those should have been expensed rather than recorded as a capital asset. That was the one adjustment the auditor had, tweaking the beginning number based on that. The City complied with the specified statutes. Vice Mayor Price asked about the City putting $1.5 million into a state or county road and Mr. Chalifour explained. Commissioner Andrews made the following comments that he would like the Board to discuss during the budget process: • On Page 84 of 427, Changes in Net Position - In 2011, the governmental expenditures were $1.341 million. That number grew to $4.2 million in 2020. There has not been a lot of change in how they go about the day-to-day business. Under program revenues, the parking revenue in 2014 was 717,859 and that grew to $2.28 million in 2020, a $1.5 million increase in seven years. • On Page 87 of 427, Changes in Fund Balances of Governmental Funds - In 2011, the City collected $2.7 million, and in 2020, the taxes collected was $5.2 million, another $2.5 million. In the last ten years, just in parking and taxes, they collected another $4 million. The Crystal Island project was $4 million over budget. That amount means a lot to the City when trying to do what is needed and accomplished. There are two more road projects to do that they do not have enough money for. They cannot keep spending at the rate being spent today. • Page 97 of 427, Full-time Equivalent City Government Employees by Function - In 2011, there were 51 employees and in 2020, there were 72 employees. He wanted to know what was being done differently today that required an additional 21 employees. Vice Mayor Price motioned to approve the Comprehensive Annual Financial Report, Fiscal Year Ended September 30, 2020. Commissioner Andrews seconded the motion. ROLL CALL: April 14, 2021, BOC Regular Meeting Page 3 of22  Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 8. CONSENT AGENDA A. Approval of Minutes: • February 24, 2021, BOC Workshop Meeting Minutes • March 10, 2021, BOC Regular Meeting Minutes • March 24, 2021, BOC Workshop Meeting Minutes 8. Ratify the purchase of Kubota Tractor - Megan Wepfer, Interim Public Works Director C. First Amendment to W&A Cleaning Services LLC Agreement & Contract - Megan Wepfer, Interim Public Works Director Commissioner Andrews motioned to approve the Consent Agenda, excluding Consent Item 8.C. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. 9. PUBLIC HEARINGS A. Ordinance No. 2021-03, Purchasing Policy Amendment to Code of Ordinances - 2 nd Reading and Public Hearing -Andrew Laflin, Financial Consultant City Attorney Tom Trask read Ordinance No. 2021-03 by title only: ORDINANCE NO. 2021-03 April 14, 2021, BOC Regular Meeting Page 4 of22  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CERTAIN SECTIONS OF ARTICLE V- PURCHASE AND CONTRACTS OF CHAPTER 2 - ADMINISTRATION OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO PROVIDE FOR AN INCREASE OF THE $15,000.00 SEALED BIDS THRESHOLD TO $30,000.00; TO PROVIDE THAT NOTICE TO BIDDERS SHALL BE PUBLISHED ON THE CITY'S WEBSITE; TO PROVIDE THAT NOTICE FOR ALL BIDS MAY BE GIVEN BY POSTING A REQUEST FOR PROPOSALS ON A WEB-BASED NOTIFICATION AND DELIVERY SYSTEM USED FOR PUBLIC SOLICITATIONS; TO PROVIDE FOR THE DELETION OF PRINTED ADVERTISEMENT, POSTING OR PUBLICATION IN THAT PORTION OF A NEWSPAPER NORMALLY GIVEN TO LEGAL ADVERTISEMENTS AND FOR THE REQUIREMENT THAT ALL BIDS, WHETHER POSTED OR ADVERTISED, BEAR THE TITLE "REQUEST FOR BIDS;" TO PROVIDE FOR DELETION OF THE REQUIREMENTS OF A PENAL BOND, A PERFORMANCE BOND AND THAT ALL BIDDERS SHALL POSSESS A MUNICIPAL OR COUNTY OCCUPATIONAL LICENSE; TO ADDRESS NON-RESPONSIVE BIDS; TO ADDRESS THE AMOUNT OF A BID BOND; TO PROVIDE REVISIONS REGARDING THE ACCEPTANCE OF BIDS; TO PROVIDE REVISIONS REGARDING THE EVALUATION OF BIDDER RESPONSIBILITY; TO PROVIDE THAT CHANGE ORDERS SHALL BE APPROVED BY THE CITY MANAGER; TO PROVIDE FOR AN INCREASE TO THE DOLLAR THRESHOLDS IN THE REGULATIONS GOVERNING THE PURCHASE AND SALES CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. The City Attorney reminded the Board that a few days ago, he made a minor tweak to the ordinance, specifically in Sec. 2-188 (b ). In the first sentence, the words "city and" were deleted" and the words "any bid" were substituted with the words, "any contract." Financial Consultant Andrew Laflin reviewed the item. Anything above the threshold of $30,000, no matter the procurement method, will be brought to the Commission for approval even if the item was already budgeted. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hutson motioned to approve Ordinance No. 2021-03, purchasing policy amendment to Code of Ordinances, after second reading and public hearing. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Hutson "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" April 14, 2021, BOC Regular Meeting Page 5 of22  Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. B. Ordinance No. 2021-04, Amendment to Code of Ordinances - PlanningCommission Appointments - 2 nd Reading and Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-04 by title only: ORDINANCE NO. 2021-04 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CERTAIN SECTIONS OF ARTICLE III - BOARDS, COMMITTEES, COMMISSIONS OF CHAPTER 2 -ADMINISTRATION OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO DELETE REFERENCE TO THE BOARD OF COMMISSIONERS AS IT RELATES TO THE LOCAL PLANNING AGENCY; TO PROVIDE FOR THE APPOINTMENT OF SEVEN (7) MEMBERS TO THE PLANNING COMMISSION; TO PROVIDE FOR THE QUALIFICATION OF PLANNING COMMISSION MEMBERS; TO PROVIDE FOR QUALIFICATION CRITERIA OF PLANNING COMMISSION MEMBERS; TO PROVIDE THAT THE PLANNING COMMISSION WILL MEET MONTHLY AS NECESSARY; TO PROVIDE THAT HEARING APPLICATIONS BE FILED WITH AND NOTICED BY THE COMMUNITY DEVELOPMENT DEPARTMENT; TO ENLARGE THE NOTICE AREA TO 300 FEET OF THE SUBJECT PROPERTY; TO PROVIDE THAT THE BOARD OF COMMISSIONERS WILL NO LONGER PROVIDE CLERICAL AND ADMINISTRATIVE PERSONNEL TO THE PLANNING COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Community Development Director Linda Portal reviewed the item. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Ordinance No. 2021-04, amendment to Code of Ordinances - Planning Commission Appointments, after second reading and public hearing. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Andrews "YES" Vice Mayor Price "YES" April 14, 2021, BOC Regular Meeting Page 6 of22  Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. C. Ordinance No. 2021-01, PD Zoning for Schooner - 15• Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-0 I by title only: ORDINANCE 2021-01 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING CERTAIN REAL PROPERTY GENERALLY DESCRIBED AS 14500 GULF BOULEVARD, 14550 GULF BOULEYARD, VACANT LOT TO THE WEST OF 106 145TH AVENUE EAST, VACANT LOT TO THE SOUTH OF 14601 GULF BOULEVARD, 106 145TH AVENUE EAST AND 14503 GULF BOULEVARD FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL (R-3) AND RETAIL COMMERCIAL (C-3) TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. City Attorney Tom Trask explained the quasi-judicial procedures. He administered the oath to all witnesses that would be speaking on the item. Community Development Director Linda Portal presented a PowerPoint presentation and said if approved, it will go to the Local Planning Agency on May 5 and back to the Commission on May 12. Mayor Hendricks asked about the time line on the second phase of the project regarding a parking garage and if the parking garage would have excess capacity. Director Portal said she is suggesting that an extra floor of capacity be allowed, which will be addressed in the development agreement. Commissioner Hodges asked if the people coming in off the beaches would have access to the hotel services. Director Portal said that is the intent, but they cannot take their drinks from outside the bar or restaurant onto the beach. That is the privilege of only the hotel guests. Vice Mayor Price asked how the new development would reduce emergency services demand and its associated public costs. Director Portal said Schooners currently attract Jots of drug activity. The new development will help eliminate it. Vice Mayor Price said the R-2 zoning areas are being absorbed into the PD and asked if the people living in those areas had anything to say about looking at a nice landscaped retention pond. Director Portal said the developer would send out notices to them. Standards could be added to make them look like a pocket park and to require a specific type of landscaping. The code allows April 14, 2021, BOC Regular Meeting Page 7 of22 a six-foot fence to extend to the front setback in residential areas with any commercial parking. They could require the developer to put in the fence as a condition. Vice Mayor Price said the ordinance did not reference R-2 zoning. The City Attorney said that could be added for the second reading if not appropriately addressed in the ordinance. Commissioner Hutson asked about the required number of parking spots required for the hotel services. Jeff Beggins, 429 Boca Ciega Drive, one of the owners of the Schooner Hotel and applicant of the project, said they redesigned to come up with something very nice. He clarified some false information that was sent out about the development. He explained that the parking spots they have planned meets the code and it would be economically feasible to build the parking garage at the same time, adding more parking spaces. They did not propose a traffic light at 145 th and 146th as someone had mentioned. They are looking to get a pedestrian crossing there because safety is a priority. They did a traffic study that was provided in the agenda packet. Keven Bowden, owner, said he was excited about building the upscale hotel and appreciated everyone's support. FDOT's primary concern is safety and not transportation. Jack Bodziak, the Architect, said they adhered to all the basic codes and all the applicable routines of processing the project. The flood and FEMA regulations were met. He explained the number of parking spaces planned that are required for the development. They are putting in as much parking without the need for a parking garage. Commissioner Hutson asked if a loading dock was included in the plan. Mr. Bodziak said there are areas under the building for that. City Attorney Trask opened to public comment to those sworn in to speak. Chuck Dillion, 529 Lillian Drive, said the zoning show that only one of the properties go to the waterline, a 50 ft. section, and asked if cabanas would go on that section. The building will be 99 feet tall, and he understood that anything over 70 ft. is considered a high rise. He did not think a 9-story building was appropriate for Madeira Beach. The following people commented in favor of the project: • Nickolas Newberry, a realtor in town. • Jim Everett, 17404 2nd Street E., Redington Shores • John, protected address. • Bill Karns, 11055 9th Street E., Treasure Island • Marcus Winters, Treasure Island • Randy Hagwood, 12405 3rd Street E., Treasure Island Mayor Hendricks opened to public comment to those not sworn in to speak. April 14, 2021, BOC Regular Meeting Page 8 of22 The City Clerk read a comment card from Curt Miller, no address given, commenting in support of the Schooner development. The City Manager read the following emailed public comments from those that supported the project: • Margaret Eibell, 251 Boca Ciega Drive • Philip DeConti, 13 I 37 Gulf Lane • Michele Christmas, 14100 N. Bayshore Drive • Sonny Flynn, 505 129th A venue E • Julie Stilwell, 14100 N. Bayshore Drive • Jeremy W. Runo, LJR Investment Group • Randy and Dianne Taylor, 14120 N. Bayshore Drive • Rodger Gerstung, no address provided • Natalie Gallays, 146 Gulf Blvd, #102 • Steve Lambert, 15015 Madeira Way • Shuzhi Wang and John Moradi, 15408 Gulf Blvd. • Ronnie Gallant, Madeira Beach Management, LLC The City Manager read the following emailed public comments from those that opposed the project: • Kathleen LaVoie, 14089 N. Bayshore Drive • Gayle Juedes, 13336 Gulf Blvd. • Brian and Missy Hand, 15400 Gulf Blvd., #604 • William Housh, 13336 Gulf Blvd., #404 • John and Theresa Spooner, 13600 Gulf Blvd. • John Gardner, 14087 East Parsley Drive • Florian Simala, 15400 Gulf Blvd. • Robert Baffi, 13600 Gulf Blvd. • Lori Rosenberger, 1400 I Gulf Blvd. • William Gay, 423 150th A venue Director Portal said the recommendation of the Local Planning Agency and City staff is for the Board of Commissioners to approve the zoning request as described and based on findings provided, including conditions recommended in the report as presented. Jack Bodziak addressed parking and traffic issues. He said the redevelopment will help to bring a controlled circumstance. They did not request a traffic light. A traffic study was done and provided early on to the City. He said more people tend to use a public or private transportation service to hotels and beaches, limiting the need for more parking. He explained why some hotels do not have riparian rights down to the beach when long ago they did. Kevin Bowden, owner, said the complaints have been about parking and traffic. They currently meet the parking code. Financing a project as such in the current environment will be challenging, April 14, 2021, BOC Regular Meeting Page 9 of22 mainly due to COVID, so they are trying to phase the project. The plan is not to build the building across the street until they have a tenant. They feel they can get the hotel financed and begin construction within a year. Adding the 14 rooms will not cause a major traffic problem. There will be adequate parking. They feel FOOT will give them a signal crosswalk. If not, the valet guys will be required to walk down the street to where the signal is and cross in the crosswalk. Vice-Mayor Price said she had no problem with the building's height and no problem with the traffic and commended the landscaping. She was present when the hotel was first presented; it was too ornate and decorative. Now, it looks too budget. About 15 years ago, she attended a series of meetings where the citizens came out and talked about what they wanted their town to look like. They favored a Mediterranean look like the ones between 130th and 140th Avenue: Bellarte on the Gulf Condos, Madeira Bay Resort, Beach Club Condo, and Barefoot Beach Club Hotel. On Gulf Blvd. between 140th to 150th • the buildings have a very modern look. She does not want to see another cube-style looking hotel with a modern look. Her motion would include a condition asking for the design to be a bit more of a Mediterranean look. Mayor Hendricks said the landscaping would take care of a lot of that. He is good with it as is. Commissioner Andrews said it would be tough to put a condition on a building to look a certain way. For a beach community, they need more hotels and not the box-style ones they see. The plans were modified over the years to fit into the City's specifications. The new Schooners hotel will help clean up the drug activity seen there. Commissioner Andrews motioned to approve Ordinance No. 2021-01, PD zoning for the Schooner hotel, with the conditions set forth in the staffing made in the findings of the staffing, after first reading and public hearing. Commissioner Hutson seconded the motion. Commissioner Hutson said he lives near the Cambria, and he has a problem with the rooftop bar. When they have a band playing music, he cannot use his backyard because of how the sound comes across the water. It sounds more like a noise than music. If Schooners has a roof-type bar, he would like a condition added that there be no amplified music or require a type of system to keep the music on the property. Mayor Hendricks said the City has a noise ordinance already in place. To the south, there are no neighbors, only a parking lot. To the north, there are neighbors, and he heard from some of them they supported the hotel. He does not think they can shut a business down because of having a band, but they can make them adhere to the noise ordinances. Vice Mayor Price said their purpose is to negotiate because they know what the neighbors want and do not want. They could add a condition that they will partition around any amplified noise if they get complaints from nearby neighbors. The City Attorney said the development agreement would be coming to the Commission at the May 12 BOC meeting. It will include terms and conditions other than what is listed in the ordinance. The Commission can vote it up or vote it down. April 14, 2021, BOC Regular Meeting Page 10 of22  ROLL CALL: Commissioner Andrews "YES" Commissioner Hutson "NO" Commissioner Hodges "YES" Vice Mayor Price "NO" Mayor Hendricks "YES" The motion carried 3-2. D. Ordinance No. 2021-07, Regulating micromobillity devices and associated rental businesses in the City of Madeira Beach - 1st Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-07 by title only: ORDINANCE NO. 2021-07 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CITY OF MADEIRA BEACH CODE OF ORDINANCES TO CREATE ARTICLE V MICROMOBILITY; ESTABLISHING REGULATIONS FOR MICROMOBILITY USERS AND MICROMOBILITY PROVIDERS OPERATING WITHIN THE CITY OF MADEIRA BEACH; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal explained the purpose of the ordinance and the need. There had been an increase in activity with motorized devices all up and down the beaches and in communities around the country with a high tourist concentration. The local governments have been trying to determine how to manage it properly. The Big-C decided to cooperate to have a unified code from one island city to the next. Motorized bicycles cannot be regulated any differently than non-motorized bicycles. If approved, businesses will be made aware of the new regulations and be mandated to adhere to them. They will be monitored for compliance. Penalties will apply to all those who violate the rules. She pointed out a change to be made in the ordinance before the second reading. Sec. 131, (C) seems to refer to all mobility units, and all other places in the ordinance refer to micromobility devices. Units need to be defined in the ordinance. The title of the ordinance will not change. City Manager Robert Daniels explained that the three cities involved that worked on the ordinance are Madeira Beach, Treasure Island, and St. Pete Beach. There are things in the ordinance that might not be important to all, but it would be better to include them. Vice Mayor Price said according to the ordinance, the City would be responsible for building designated micromobility parking stations in its public parking lots. Mayor Hendricks said the mayors involved in the Big-C are all concerned about the safety and would like to have a consistent ordinance. April 14, 2021, BOC Regular Meeting Page 11 of22 Vice Mayor Price said the statute only applies to micromobility devices. Those are defined by transportation devices available by private use, reservation through a store, or online application. The City Attorney said the ordinance covers privately owned motorized scooters and motorized bicycles, and not just micromobility devices. There are portions of the code that addresses those and the definitions. Commissioner Andrews said he did not want to take away the ability to ride the motorized bicycles safely. The motorized scooters are the dangerous ones. He is glad they are doing it with a couple of other towns. He asked if the bikes and scooters are allowed on the beach. Director Portal said the intent is not to allow them on the beach. Any place they are prohibited, they must be prohibited together, and where they are allowed, they must be allowed together. Mayor Hendricks opened to public comment. Robert Preston, 425 S. Bayshore Drive, said he wanted to make sure that people with motorized vehicles are allowed to ride them on Gulf Blvd., but only in the bike path and not on the sidewalks. He asked about the age requirement for riding them. The City Attorney said the reference is for micromobility devices, the rented ones. The age for riding them, is at least 16 years old. The code provision does not talk about the others. They must be ridden in the bike lane like bicycles and not going more than 15 miles per hour if the ordinance is adopted. Vice Mayor Price said the statute says that bicycles are allowed on the sidewalk throughout Florida. Vice Mayor Price motioned to pass Ordinance No. 2021-07, regulating micromobillity devices and associated rental businesses in the City of Madeira Beach, after first reading and public hearing. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. E. Ordinance No. 2020-21, Amendment to the City of Madeira Beach Florida Comprehensive Plan - 2 nd Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2020-21 by title only: April 14, 202 l, BOC Regular Meeting Page 12 of22  ORDINANCE NO. 2020-21 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF MADEIRA BEACH TO ESTABLISH DEFINITIONS; RENUMBER THE PLAN ELEMENTS, GOALS, OBJECTIVES, POLICIES, AND STRATEGIES TO ESTABLISH A UNIQUE ENUMERATION SYSTEM; AMENDING THE TRANSPORTATION, INFRASTRUCTURE, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENTS ELEMENTS TO ESTABLISH NEW LEVEL-OF-SERVICE STANDARDS FOR MUNICIPAL, AREA-WIDE CULTURE AND RECREATION, MOBILITY, AND PUBLIC SAFETY FACILITIES AND SERVICES; REVISING LANGUAGE FOR IMPROVED ACCESSIBILITY; AMENDING THE CAPITAL IMPROVEMENTS ELEMENT TO UPDATE THE CAPITAL IMPROVEMENTS PROGRAM (CIP) AND THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS; RENUMBERING SECTION 3.1, GOALS, OBJECTIVES, AND POLICIES, TO SECTION 3.0, RETITLED COMPREHENSIVE PLAN ELEMENTS; AMENDING SECTION 3.1 TO BE RETITLED DEFINITIONS, AND PROVIDING FOR CERTAIN DEFINITIONS; AMENDING SECTION 3.2, INTRODUCTION; RENUMBERING SECTION 3.3, FUTURE LAND USE ELEMENT TO SECTION 4.0; RENUMBERING SECTION 3.4, TRANSPORTATION ELEMENT TO SECTION 5.0, RETITLED MOBILITY ELEMENT, AND AMENDING THE GOALS, OBJECTIVES, AND POLICIES THEREUNDER FOR MORE ACCESSIBLE LANGUAGE, TO PROVIDE A LEVEL-OF-SERVICE STANDARD FOR IMPROVED MUNICIPAL MOBILITY FACILITIES AND SERVICES, A MOBILITY PLAN, AND THE UTILIZATION OF PROPORTIONATE-SHARE DEVELOPMENT FEES; REMOVING THE STORMWATER MANAGEMENT GOALS, OBJECTIVES, AND POLICIES FROM SECTION 3.6, INFRASTRUCTURE ELEMENT, RELOCATING TO SECTION 5.0, MOBILITY ELEMENT, AND AMENDING FOR MORE ACCESSIBLE LANGUAGE; RENUMBERING SECTION 3.5, HOUSING ELEMENT, TO SECTION 6.0; RENUMBERING SECTION 3.6, INFRASTRUCTURE ELEMENT TO SECTION 7.0, AND AMENDING THE GOALS, OBJECTIVES, AND POLICIES THEREUNDER FOR MORE ACCESSIBLE LANGUAGE, AND AMENDING LEVEL-OF-SERVICE STANDARDS; RENUMBERING SECTION 3.7, CONSERVATION AND COASTAL MANAGEMENT ELEMENT, TO SECTION 8.0; AMENDING AND RENUMBERING SECTION 9.0, RESERVED; RENUMBERING SECTION 3.8, OPEN SPACE AND RECREATION ELEMENT, TO SECTION 10.0, RENAMING SECTION 10.0 CULTURE AND RECREATION ELEMENT, AND AMENDING THE GOALS, OBJECTIVES, AND POLICIES THEREUNDER FOR MORE ACCESSIBLE LANGUAGE, LEVEL-OF-SERVICE STANDARDS, AND April 14, 2021, BOC Regular Meeting Page 13 of22  THE UTILIZATION OF PROPORTIONATE-SHARE DEVELOPMENT FEES; RENUMBERING SECTION 3.9, INTERGOVERNMENTAL COORDINATION ELEMENT, TO SECTION 11.0, AND AMENDING THE GOALS, OBJECTIVES, AND POLICIES THEREUNDER FOR MORE ACCESSIBLE LANGUAGE; AMENDING AND RENUMBERING SECTION 12.0, RESERVED; RENUMBERING SECTION 3.10, CAPITAL IMPROVEMENTS ELEMENT, TO SECTION 13.0, AMENDING THE GOALS, OBJECTIVES, AND POLICIES THEREUNDER FOR MORE ACCESSIBLE LANGUAGE, TO PROVIDE LEVEL-OF-SERVICE STANDARDS, UPDATING THE CAPITAL IMPROVEMENT PROGRAM (CIP) SCHEDULE OF CAPITAL IMPROVEMENTS FOR FISCAL YEARS 2020-21 THROUGH 2024-25 AND THE UTILIZATION OF PROPORTIONATE-SHARE DEVELOPMENT FEES; RENUMBERING SECTION 3.11, PUBLIC SCHOOL FACILITIES ELEMENT, TO SECTION 14.0; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal reviewed the item. Jerry Murphy, University of Florida, said he was available for questions. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to pass Ordinance No. 2020-0 I, an amendment to the City of Madeira Beach Florida Comprehensive Plan, after second reading and public hearing. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. F. Alcoholic Beverage Use ABP 2021, for a 2COP License with stated intent to sell beer, and wine by drink or in sealed containers for consumption on premises of Drunkn Dolphin at 209 Boardwalk Place E., Madeira Beach, FL 33708 - Linda Portal, Community Development Director City Attorney stated the rules for the quasi-judicial hearing and administered the Oath to those wishing to speak on the item. Community Development Director Linda Portal reviewed the factors and the staff analysis for each. She said the decision must be made on the recommended findings and conditions. April 14, 2021, BOC Regular Meeting Page 14 of22 Commissioner Hutson asked Director Portal if the building met all the codes, and she said yes. The City Attorney asked Director Portal if she was tendering into evidence the staff report, and she said yes. Craig Shultz, an owner of Florida Tiki Tours, asked if anyone had any questions. Vice Mayor Price asked if people would be able to take their drink on the tiki tour, if alcohol sales were unlimited during the tour, and if they were allowed to bring their cooler on the tour, and Mr. Shultz said yes. Eventually, they plan to eliminate people bringing their cooler on the tour to control what people consume on the water and to make it safer. Bill Karns, 11055 9 th Street E., Treasure Island, the general contractor for the project, said they have a small space and limited to ten stools inside. He does not understand the need to restrict someone from having a beer while waiting to book a tour. Guy Criteli, 13025 Pelican Lane, said he owns the property next door to Tiki Tours. He asked what happened to the ordinance requiring the 300 ft. notice requirement for beer and wine applications. He was not in favor of another beer and wine establishment in Johns Pass. Jeff Beggins, the landlord of the building Tiki Tours operates out of, said he did not think it will increase the consumption in Johns Pass. Robert Preston, 425 S. Bayshore Drive, commented that the permit should be approved without the condition prohibiting someone from sitting down and drinking a beer while waiting to make a reservation. Director Portal said they are only codifying on what the establishment said they wanted to do. A person there to book a reservation would be considered a customer. Craig Shultz, an owner of Florida Tiki Tours, said there are two sides to their building, one side is family-friendly, and the other side is a bar. They are trying to keep a spirit of a family atmosphere in mind while conducting business. Director Portal responded to questions and comments by the Board. Mayor Hendricks said staff considered the City's best interest when adding the restrictions and what the City can do legally. Vice Mayor Price motioned to grant the Alcoholic Beverage Use License with the restrictions as recommended by the City. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Price "YES" April 14, 2021, BOC Regular Meeting Page 15 of22  Commissioner Andrews "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 5-0. 10. UNFINISHED BUSINESS A. Resolution 2021-01, BOC Policy Handbook- Board of Commissioners City Attorney Tom Trask read Resolution 2021-01 by title only. RESOLUTION 2021-01 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA AMENDING THE BOARD OF COMMISSIONERS POLIC)' HANDBOOK; AND PROVIDING FOR AN EFFECTIVE DATE. There were no changes by the Board. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Resolution 2021-01, BOC Policy Handbook. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 11. CONTRACTS/AGREEMENTS A. First Amendment to W &A Cleaning Services LLC Agreement & Contract - Megan Wepfer, Interim Public Works Director This item was moved from the Consent Agenda. Interim Public Works Director Megan Wepfer said the item was brought back at the request of the Board after renegotiating with W&A. April 14, 2021, BOC Regular Meeting Page 16 of22 Vice Mayor Price said the agreement looked to be the same and not renegotiated. On November 4, 2020, the Board voted to approve negotiations with United States Services Industries. Then, the next month they heard a passionate presentation by Wonda and Angel of W&A. At the January 3, 2021 meeting, the Board decided to negotiate an extension of terms of the old existing W&A agreement and renegotiate for a lower cost, and if not in line with a lower amount to rebid. It is not in line, and the amount did not change. It is still $12,250 a month. Director Wepfer said the fees for special cleanings and the hourly rates were renegotiated and they are lower. The City Manager said the monthly charge did not change. The hourly charge did. Vice Mayor Price said they are charging $44,000 a year more than the proposal from United States Services Industries, which was $8,640 per month. Commissioner Andrews asked if the City used to pay for the cleaning supplies, and now W&A would be providing the cleaning supplies, the cost of which is included in the monthly fee. If so, they need to quantify that number to see the difference. Vice Mayor Price said the amendment does not mention who is responsible for providing the supplies. Commissioner Andrews suggested discussing the item at a workshop before deciding to go back out to bid. Mayor Hendricks asked if the cost of cleaning supplies was included in the proposal submitted by United States Services Industries and was told yes. He said then the cost is a $44,000 difference. Director Wepfer said they would see a decrease in the level of service. Vice Mayor Price said they do not know that. She has an obligation to the citizens to save money wherever they can. They could use the $44,000 elsewhere. Commissioner Hodges said she would hate to lose W&A and asked that the item be placed on the workshop meeting agenda. The Board consented. 8. Gulf Beaches Public Library Interlocal Agreement - Mayor Hendricks. Mayor Hendricks reviewed the item. He said all mayors involved agreed with the amendment as written now. It must be voted on by each Commission involved. The City is the first to take action. Vice Mayor Price pointed out a scrivener's error in the revised document provided at the meeting. In Section 4.4, page 3 of 5, the word "agree" is missing at the end of the sentence. The word is in the first document. The City Attorney said it would be corrected. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Price motioned to approve the Gulf Beaches Public Library lnterlocal Agreement presented to them that afternoon. Commissioner Hutson seconded the motion. ROLL CALL: April 14, 2021, BOC Regular Meeting Page 17 of22  Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. The City Attorney explained the purpose of the conflict of interest document he prepared and provided before the meeting. He asked for authorization for the Mayor or City Manager to sign it. His partner will be providing it to his two towns that are involved as well. Vice Mayor Price motioned to waive any potential conflict with the Trask firm in handling the negotiations with them in the contract, along with the Town of Redington Beach and the Town of North Redington Beach, and for the City Manager to sign the document. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 12. NEW BUSINESS A. Resolution 2021-04, FY2021 Budget Amendment (October 1, 2020 - September 30, 2021) -Andrew Laflin, Financial Consultant City Attorney Tom Trask read Resolution 2021-04 by title only: RESOLUTION 2021-04 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE BUDGET FOR FISCAL YEAR 2021 (BEGINNING OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021) BY INCREASING THE GENERAL FUND, STORMWATER FUND, MARINA FUND, BUILDING FUND, AND ARCHIBALD FUND REVENUES OR USE OF AVAILABLE FUND BALANCE OR NET POSITION AND APPROPRIATIONS FOR EXPENDITURE; AND PROVIDING FOR AN EFFECTIVE DATE Financial Consultant Andrew Laflin reviewed the item. April 14, 2021, BOC Regular Meeting Page 18 of22 Mayor Hendricks said they have the cheapest parking fees and would like to see it increased to $2.75 an hour. There are more expenses going on and more roadwork to do, and the additional revenue will help pay for it. He said St. Pete Beach is $3.50 an hour. Commissioner Andrews said the situation with the portable restroom at Tom and Kitty Stuart Park needed addressing. He would like to have something built more usable because it will be a nightmare when it's opened. He does not mind hiring someone in parking, but going forward, the overall expenditures needs to be looked at because the expenditures are rising at a much higher level than revenues. Mayor Hendricks said he does not like discussing putting somebody else on the payroll. Vice Mayor Price said if anyone needs it, it would be parking enforcement. The City Manager said the position is seasonal. If later the Commission sees that the position is warranted, they could discuss during the budget process changing it to a permanent position. Vice Mayor Price asked why the cost of the HR payroll software increased from the original planned $15,000 to $35,000. The City Manager explained they now have a new vendor. Their payroll software does more than what the previous payroll software did. Mayor Hendricks asked why the HR person is making more than what was budgeted. The City Manager and the Financial Consultant explained the need for the increase. Vice Mayor Price motioned to approve Resolution 2021-04, FY202 l Budget Amendment (October I, 2020 - September 30, 2021 ). Commissioner Hutson seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. B. Resolution 2021-05, Emergency Operations Plan 2021-2022 - Clint Belk, Fire Chief City Attorney Tom Trask read Resolution 2021-05 by title only: RESOLUTION 2021-05 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA, PROVIDING FOR THE ADOPTION OF THE CITY OF MADEIRA BEACH EMERGENCY OPERATIONS PLAN DATED APRIL 14, 2021; AND PROVIDING FOR AN EFFECTIVE DATE. April 14, 2021, BOC Regular Meeting Page 19 of22 Fire Chief Clint Belk reviewed the item. Commissioner Andrews motioned to approve Resolution 2021-05, Emergency Operations Plan. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" Commissioner Hodges "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. C. Causeway Park Re-naming Contest - Robert Dtmiel.f, City Manager The City Manager reviewed the item. He said the Court of Honor would be at the same park. Interim Public Works Director Megan Wepfer said the sign for the park is not that big and for the Board to keep that in mind when renaming the park. She mentioned that there is no pay station at Causeway Park; it is free parking. Vice Mayor Price said something could be done about that. Following discussion, the Commission decided to choose between Madeira Beach Patriot Park and Madeira Beach Freedom Park: • Vice Mayor Price chose Madeira Beach Patriot Park • Commissioner Hodges chose Madeira Beach Freedom Park • Commissioner Andrews chose Madeira Beach Patriot Park • Commissioner Hutson chose Madeira Beach Patriot Park • Mayor Hendricks chose Madeira Beach Freedom Park Commissioner Andrews motioned to rename Causeway Park to "Madeira Beach Patriot Park." Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hodges "NO" Commissioner Hutson "YES" Mayor Hendricks "NO" The motion carried 3-2. April I 4, 2021, BOC Regular Meeting Page 20 of22 13. STAFF REPORT A. City Manager's Report March 2021. The City Manager announced the Hurricane Expo in the Commission Chambers on Saturday from 9:00 a.m. to 12:00 p.m. Commissioner Andrews referred to the marina numbers listed on Page 421 of 427 of the agenda packet. He said they could discuss it more during the budget process. They must have accurate forecasting because not having accurate numbers almost cost them to raise the millage rate last year. Vice Mayor Price said she was not aware they sold propane gas at the Marina. 14. AGENDA SETTING - April 28, 2021, BOC Regular Workshop Meeting A. Status of Board of Commissioners' Department Initiatives for FY2021, and set the Department Initiatives for FY2022 - Board of Commissioners B. Consideration of revocation for use of City right-of-way for restaurants/bar seating- Robert Daniels, City Manager Vice Mayor Price asked for department information on the Commissioners' department initiatives. She would like for the goals to be put with each department, so the department heads will know what they are going for. The items added to the workshop meeting agenda: • City Manager - capital improvements to the Rec Center • Board of Commissioners - W&A cleaning contract • Mayor Hendricks - parking revenues and possibly raising the rates to get the parks back in shape • Vice Mayor Price asked for a memo on what they are charging for weekly and monthly parking passes • Vice Mayor Price - status of American Rescue Plan regarding the federal COVID money going to all the municipalities • Vice Mayor Price - status of an abandoned home in her district, 13222 3!d Street East • Mayor Hendricks - look at getting with the representative and senators regarding Johns Pass to address the sand and beach groin issues and possibly bump it up to a federal level with an earmark attached to a bill going through the House of Representatives in hopes of getting some funding that way • Vice Mayor Price - status of Johns Pass bridge banners • Commissioner Hutson - some type of plan for providing sand for storms this year 15. REPORTS/CORRESPONDENCE A. Board of Commissioners April 14, 2021, BOC Regular Meeting Page 21 of22 Vice Mayor Price said the Library Board would be discussing and fina lizing the budget at their upcoming meeting. Recreation Director .lay Hatch mentioned a landsca ping project going on at the Library. 2. City Attorney No report. 3. City Manager No report. 4. City Clerk No report. 17. ADJOURNMENT Mayor Hendricks adjourned the meeting at 11 :22 p.111. ATTEST: April 14, 202 1, BOC Regular Meeting Page 22 of 22