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Board of Commissioners Regular Meeting

Regular Meeting

Madeira Beach, FL · June 9, 2021

AgendaPacketMinutes

Minutes

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING JUNE 9, 2021 6:00 p.m. The City of Made ira Beach Board of Commissioners held a regular meeting al 6:00 p.m . on June 9, 2021, in the Patri cia Shontz Commi ssion Chambers at C ity Hall , located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor He len ··Happy" Price, Vice Mayor/Commissioner Di strict I Nancy Hodges. Commissioner District 2 Doug Andrews, Comm issioner District 3 Dave Hutson. Commissioner District 4 CITY STAFF PRESENT: Robert Dan iels. City Manager Clara VanB largan. City 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 OF ALLEGIANCE City Attorney Tom Trask gave the In vocation and led the Pledge of Allegiance. 3. ROLL CALL City Clerk Clara VanB largan ca lled the ro ll . 4. APP ROY AL OF THE AGENDA Vice Mayor Price asked to move up Agenda Item I 0.A. , Approva l or the FY'202 l Gulf Beaches Public Library Budget and Agreement. Library Director Vince Gadrix is in the audience Lo speak on the item. She docs not want him wa iting long to speak. Commi ssioner Andrews motioned to approve the Agenda with moving up Agenda Item IO.A. Commissioner Hodges seconded the motion. ROLL CA LL: Commissioner Andrews "YES" June 9. 202 1. BOC Regular Meeting Page 1 of 17 Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. 5. PROCLAMATIONS/PRESENTATIONS 5.1. PROCLAMATIONS-MAYOR/CITY CLERK 5.2. PRESENT ATIO NS (limited to 10 minutes each) 6. PUBLIC COMMENT Mayor Hendricks opened to public comment: Deby Weinstein, 441 129th Avenue, encouraged the Commission to renew the contract with City Manager Bob Daniels. Mr. Daniels is a professional City Manager, and he has given their City a certain amount of professionalism that lacked for a long time. He has a good grasp on the needs of the City of Madeira Beach and probably has worked well with the different personalities and attitudes of the Commission. He seems to work well with the administration of other beach communities and the county administration. All the residents, businesses, visitors, and staff members would like the Commission to continue Bob's contract or reinstate the contract for at least a year. Janet Melia, 15403 2nd Street East, said her thoughts mirrored that of Ms. Weinstein. She apologized to the City Manager for the way he was being treated. He does an excellent job, and they need to keep him. She asked the Commission to revisit the vote. City Manager Robert Daniels read emailed public comment from Mike Burke, President of La Coquina Condominium Association, from 14401 Gulf Boulevard, Unit 204. He objected to the Schooner development agreement and rezoning. In 2019, the proposal was five stories and now nine stories. The proposed parking is inadequate for the development. The immediate negative impacts on land use in the area from the overdevelopment fully warrant the proposals' denial and are respectfully requested of the Planning Commission and the Board of Commissioners. 7. CONSENT AGENDA A. Approval of Minutes: • 2021-05-12, BOC Regular Meeting Minutes B. Purchase of Ford F250 to replace Truck #70, 2011 F250 4x2 - Megan Wepfer, Interim Public Worb Director June 9, 2021, BOC Regular Meeting Page 2 of 17 C. Purchase of ASV Skid Steer to replace #56, 2001 Bobcat purchased to clean beach accesses - Megan Wepfer, Interim Public Works Director D. Joint Use Agreement for use of Madeira Beach Fundamental Facilities and Joint Use Agreement of Bicentennial Park - Jay Hatch, Recreation Director E. Waiving permit fees for the Gulf Beaches Public Library - Robert Daniel.ft, City Manager Vice Mayor Price motioned to approve the Consent Agenda. 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. 10. A. Approval of the FY'2021-2022 Gulf Beaches Public Library Budget and Agreement - Vice Mayor Price This item was moved up from under Contracts and Agreements to be discussed first. Vice Mayor Price said they workshopped the item and talked about it at length. The consensus was that they agreed with the budget as it was presented. The Mayor had questions about library books, library DVDs, and music CDs. And Commissioner Hodges had asked what contingency meant. On the Consent Agenda, they agreed to waive all permitting fees for the library's building needs upcoming. The City Manager added they still needed to get the building permits, although there will be no fees. Mayor Hendricks said the questions he has for 2021 are the same questions he asked last year. And that was the $45,000 for book purchases and $8,500 for DVDs & music CDs. He asked if the library was spending that amount of money on them every year. Library Director Vince Gadrix responded yes. He said the Florida Library Standards say libraries should spend IO to 15 percent of their operating budget on materials for the library. That would include books, audiobooks, books on CDs and DVDs, and added up in their budget that is 11 percent. They are within that zone for the Florida standards for acquisitions, purchasing materials for the library. Mayor Hendricks said they are not trying to make the library go anywhere but be good stewards of the City's money. The Florida standards say ''should'' and not "'must," so they do not have to spend 11 % of the budget on that. Mr. Gadrix confirmed true. The Mayor said he wanted to look out for the City's best interest, and he will do it again next year and the following year. June 9, 2021, BOC Regular Meeting Page 3 of 17 Mayor Hendricks opened to public comment. There were no public comments. Commissioner Andrews motioned to approve the FY 2021-2022 Gulf Beaches Public Library Budget and Agreement. Vice Mayor Price seconded the motion. Roll Call: Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 5-0. 8. PUBLIC HEARINGS A. Ordinance No. 2021-11, Building Regulations and Fire Prevention Code Updates - 2 nd Reading & Public Hearing- Clint Belk, Fire Chief City Attorney Tom Trask read Ordinance No. 2021-11 by title only: ORDINANCE NO. 2021-11 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING SECTION 14-31 OF CHAPTER 14 - BUILDINGS AND BUILDING REGULATIONS AND CERTAIN SECTIONS OF CHAPTER 38 - FIRE PREVENTION AND PROTECTION OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO UPDATE THE EDITION REFERENCES OF THE UNIFORM FIRE CODE AND LIFE SAFETY CODE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Fire Chief Clint Belk explained the needed updates to the City's fire code. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Ordinance No. 2021-11, Building Regulations and Fire Prevention Code updates. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" June 9, 2021, BOC Regular Meeting Page 4 of 17 The motion carried 5-0. B. Ordinance No. 2021-12, Proposed amendment to Fees and Collection Procedures Manual-2 nd Reading & Public Hearing-Andrew Laflin, Financial Consultant City Attorney Tom Trask read Ordinance No. 2020-12 by title only: ORDINANCE NO. 2021-12 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE FEES AND COLLECTIONS PROCEDURES MANUAL THAT WAS AMENDED BY ORDINANCE 2020-04, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Vice Mayor Price said something looked odd about wedding permits on Page 69 of 4 72. It states a small wedding permit application, a wedding permit application, and a wedding permit application fee. She does not know if that is a typo. Recreation Director Jay Hatch said to his knowledge they charge $50 and $ I 00. If there is an extra one there, it is a typo. Financial Consultant Andrew Laflin said they would correct it. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Price motioned to pass Ordinance No. 2021-12 to amend the Fees and Collection Procedures Manual as indicated. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hudson "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. C. Ordinance No. 2021-10, Amendment to Proportionate-Share Development Fee Ordinance - 1st Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-10 by title only: ORDINANCE NO. 2021-10 June 9, 2021, BOC Regular Meeting Page 5 of 17 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO AMEND CHAPTER 92, THE CITY OF MADEIRA BEACH PROPORTIONATE-SHARE DEVELOPMENT FEE ORDINANCE TO REGULATE THE USE AND DEVELOPMENT OF LAND IN THE CITY OF MADEIRA BEACH; IMPOSING A PROPORTIONATE-SHARE DEVELOPMENT FEE (IMPACT FEE) ON LAND DEVELOPMENT AND REDEVELOPMENT IN THE CITY OF MADEIRA BEACH FOR PROVIDING IMPROVED MUNICIPAL CULTURE AND RECREATION AND PUBLIC SAFETY FACILITIES AND SERVICES NECESSITATED BY SUCH LAND DEVELOPMENT AND REDEVELOPMENT; STATING THE AUTHORITY FOR ADOPTING THE ORDINANCE; MAKING LEGISLATIVE FINDINGS; AMENDING ORDINANCE SECTIONS 92-2, PURPOSE; 92-10, DEFINITIONS; 92-20, COMPUTING THE AMOUNT OF PROPORTIONATE-SHARE DEVELOPMENT FEES; 92-21, INDEPENDENT FEE CALCULATION; 92-25, PAYMENT OF FEES; 92-26, DEPOSIT INTO TRUST FUND; 92-35, PROPORTIONATE-SHARE DEVELOPMENT FEE TRUST FUNDS ESTABLISHED; 92-40, USE OF TRUST FUNDS FOR CAPITAL IMPROVEMENTS; 92-42, USE OF TRUST FUNDS FOR DEBT SERVICE; 92-43, USE OF TRUST FUNDS FOR REIMBURSEMENT; 92-44, ANNUAL REPORT ON USE OF TRUST FUNDS; 92-52, APPLICATION FOR REFUND OF FEES PAID; 92-55, EXEMPTIONS; 92-67, BASIS FOR ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Mayor Hendricks said they were given a handout on each phase, and Phase 2 should be Phase 1 because it is not rolling out until their new fiscal year. Phase 1 rollout will be effective 10/1/202 I, and it will be $5.60 per square foot total. Vice Mayor Price said the packet says it is $ I 1.89 for proposed culture and recreation. The Mayor said that is Phase 8. Vice Mayor Price said the way it is phased out they increase it every year and asked how it squared with House Bill 337 that the Governor signed recently preventing local municipalities from raising impact fees paid by developers and builders more than once every four years. Jerry Murphy, University of Florida, said they would be working that out before the second hearing on July 30. They cannot adopt any retroactive impact fees, but the legislation is retroactive to January 1 of this year. So, they must balance that. They should be okay because they are adopting or would adopt the fee at its total but introduce the schedule of phasing that would occur over time. They would not be increasing the fee but phasing in the fee adopted. They will confirm with the City Attorney to ensure they are on the same page between now and the second reading. It is a complicated bill, and it contains other things that may affect them, particularly the retroactive aspect, but it is not yet adopted. If they adopt the phasing program or something like it, that is okay. June 9, 2021, BOC Regular Meeting Page 6 of 17 Mayor Hendricks asked if they were below the 12.5%. Mr. Murphy said at the 10% rate they will be below the 12.5%. Commissioner Andrews asked why there was a cutoff date ~n it. Mr. Murphy said statutes usually become effective on July I or 60 days after signing die or when the Governor signs them. The way the bill was written, it was effective upon execution, so it became effective on Friday. They can adopt the fees through the ordinance and implement them at any time. If wanting to wait until October I with the new fiscal year, they can do that. He recommended charging a fee that would change on October 1 because they want to roll forward to get to the I 00%. It will probably be an accounting nightmare for a short period starting on October 1 with the new fiscal year. The City will be developing a methodology for it, calculating it, how the Finance Department can manage the money, and so forth. They can make it effective whenever or not adopt it. But the new legislation does deal with timing, so they want to make sure that the timing is good whatever they do. Commissioner Andrews said everybody agrees that some sort of impact fee is a good thing for the City. What they did not have until the first reading of the mobility study were the actual numbers. Digesting those numbers in one setting was a lot and then coming back and going through them again and hearing a little more about it was a lot. He likes the idea of starting lower, but they are sort of agreeing that$ 13.99 per square foot is a fair number, and it is not going to be a deterrent for not only businesses coming there but residents trying to improve their home. That scares him the most about it. People have to pay building permit fees, and they are asking them to pay more fees. They have not talked about that enough. He is not against impact fees but does not want them to be the first to do it. Phase one will take effect on 1O/ I /2021 of the new budget year. Mayor Hendricks said they are not the first one out there by any means. He is not opposed to not having impact fees on residential, single-family homes. They can do it how they want and choose how often to do it. It does not have to be done on an annual basis. Vice Mayor Price said culture and recreation needed to be cut at least in half, if not lower. The reason that number came out of the box at $11.89 it was based on the City's fixed assets. The City has a lot of fixed assets. She would rather see public safety increased to $1.00 and culture and recreation decreased to half the $11.89. Mr. Murphy said they could not arbitrarily determine a $5.00 or $1.00 amount. But can take a percentage of what the study has determined and adopt at that rate. It does not have to be adopted at I 00%. The study suggests it because that is the current level of service the City provides. The idea of phasing it in allows seeing how it is progressing. As the need arises, they could decrease or increase it to keep their level of service, so they do not have to dip into the General Fund. The City should be revisiting it every year because it is based on its fixed assets and on the area that has been developed according to the property appraiser's total living area, which is the area under air. Vice Mayor Price mentioned several cities in the county with impact fees and said research showed that the entire Florida counties have impact fees. June 9, 2021, BOC Regular Meeting Page 7 of 17 Commissioner Andrews said they had not discussed it enough. They would be deciding for the next two or three boards, so they need to know if that number is fair for the developers. Mr. Murphy suggested they go ahead and adopt at whatever percentage decided. Then immediately begin to look at the study and redo the numbers. They will work with the Property Appraiser's 2020 numbers and see how the changes are going. Vice Mayor Price said $1 1.89 seems too high. She does not want all the recreation to be paid for by what they think are future impact fees. She asked if they could accept 40 or 50 percent of that number and adopt it. Mr. Murphy said if they do not want to phase further, they can do that. Mayor Hendricks said they are not determining it for years down the road. It could be changed at any time. They could choose how and when to do it but not go over 12.5% per year. If they do it at 30 percent, stretch it out a little longer, it brings the total on the first year phase-in to $4.20, bringing it down another $1.40 a square foot. It would be up to the individual Commission to decide how they want to do it. Mr. Murphy said it had to be revisited every year. They could add a requirement to do it every budget cycle. They need direction so they could develop a phasing plan. Vice Mayor Price said she did not mind having public safety at I 00% because she would like to get another police officer to help enforce laws on the books. They need to decrease the $11.89 for culture and recreation. Since they can phase them in separately, maybe they can start culture and recreation at 20%, increase it by l 0%, and let it take longer to get to $1 1.89. The Mayor said they have more recreation than culture to take care of. Commissioner Andrews said he would agree to start it at 30%, put a phasing schedule together, and leave it for review every year as they phase it however long. Vice Mayor Price said if they have a plan in place, they can always stop the plan. She does not want to ignore Mr. Murphy's advice that they paid for. They should agree on a smaller number for culture and recreation and go with that or phase in culture and recreation for a number of years. Mayor Hendricks said they could start with 30% and phase it annually at I 0% for seven years after the first year, making it an eight- year life of the impact fee. Commissioner Hutson said he would like to revisit the mobility. He would like I 00% for safety and then phase in recreation because they must spend the money quickly, and streets and things are bigger projects. If they stretch those out at 30% and 10% at a time, they might not accumulate enough money to do a project before they must give the money back. Mr. Murphy said they already adopted the mobility fees at the full cost but did not phase it in. That will be codified in the land development regulations. The ordinance is an amendment to that ordinance to include culture and recreation and public safety fees. They included a phase-in program for all the fees for consideration. Mayor Hendricks opened to public comment. June 9, 2021, BOC Regular Meeting Page 8 of 17 Robert Preston, 425 S. Bayshore Drive, asked if Mr. Murphy was paid out of the General Fund to do the study and because it must be revisited and studied, could the impact fee money collected for those items be put in specific funds and the new evaluation be paid for with those funds and not the General Fund. Mr. Murphy said yes. Debbie Weinstein, 441 129th Avenue, said she is a proponent for impact fees and thinks all municipalities and many communities and counties have already had it for a long time. They might call it different things. They were told many years ago that the right way to do it was through an impact fee and through a study. which is why Jerry Murphy was hired. But many communities have put in force impact fees and called it under the guise of other types of fees and have gotten away with it. She had read that 100 years ago, Florida was the 33 rd fastest-growing state and now is the third. Everybody is coming to Florida. Developers who want to come to Florida will at some point and will be happy to pay those impact fees. It is not going to scare anybody away because it is the cost of doing business. The more reputable and best developers will realize that. Somebody must pay for it. Ray Kerr, 583 John's Pass Avenue, said he liked how it started with the residential versus the commercial. He does not know how they can have a 50 percent rule and tell somebody they cannot make large renovations to their home and then add in an impact fee because they build something nicer. On the commercial side they need to study what commercial development does for the area, the residents. ls it a financial benefit, or is it a financial burden to the residents? That has not been mentioned. Hopefully, they will discuss it and get some information on it. Victoria Anthony, 13311 Boca Ciega Avenue, said impact fees are needed, but they need to discuss the burden on the residents. Jeff Beggins, 429 Boca Ciega Drive, said the item should be tabled and discussed more. It is going to hit the residential homeowners ultimately. The fee should be lower until there is a real need, and residential should be excluded. All the impacts should be considered. Mayor Hendricks said they need to do it before the state mandate kicked in on July I. Mr. Murphy said the bil I was made retroactive on Friday when the Governor signed it. That takes it back to January I. He and the City Attorney will discuss the potential impacts the bill has on the legislation. In terms of everything that has been discussed today, except for the idea of exempting anything, they are fine. Vice Mayor Price said they have to do it, and that is the reason for having a special meeting at the end of the month because the data runs out. The Mayor said they could come back after that and have exemptions to it. Mr. Murphy said the only exemption the statute allows is affordable housing, which is not an issue for Madeira Beach. Commissioner Andrews said some people have projects they already bought a property for, and they will not materialize before implementing the fees. He asked if they had the option of accepting it and starting it in 2022. Mr. Murphy confirmed they do. Commissioner Andrews said the idea is great, but they also must be fair about it. People should not be penalized for some of their tardiness. They should start the phasing on 6/30/2021 to allow the people that have purchased properties and June 9, 2021, BOC Regular Meeting Page 9 of 17 had business plans developed time to get them finished, and then keep the same phasing schedule going forward. Vice Mayor Price said they are watering it down too much. They have been talking about impact fees for years. Everyone knew it would be at least a couple of bucks. It is $4.20. Commissioner Andrews said they had not discussed it until recently. The question is, how much should they be and when to start them. He would like to grant grandfathering in and then phase it in. Vice Mayor Price said one of the reasons they wanted October I is to coincide with their fiscal year. She suggested enacting it on April I, 2022, six months into their next fiscal year. That way, they will have half a year of data to look at for the next time they vote or the next time it pops up. That gives everybody more time to buy property and build in the $4.20. Mayor Hendrick opened to public comment again. Victoria Anthony, I 3311 Boca Ciega Avenue, asked the total for all three. Vice Mayor Price said the total for all three is $4.20 for one year. Then on April I, 2023, it will go up to probably $5.00 or so. Bill Karnes asked how commercial and residential would impact projects presented to the City by October 2021. Mr. Murphy said the statute requires that the fee not be levied any time sooner than the building permit, which is pretty much the end of the road. Jeff Beggins asked for an explanation on the seven-year limit. The Mayor explained. Mr. Karnes said if a developer is developing a project and wanted to do something special and improve City property, could the fees be lowered. Mr. Murphy said yes. The statute is increasingly granular with requirements for credits. And the idea is that anyone who improves public property gets credit for that, and those credits can be transferable. They are making them very tangible. He then explained the reason for the seven years. Mayor Hendricks asked if they wanted to look at 30 percent, then a seven-year phase-in, to start on April I . Vice Mayor Price said with a yearly review. Commissioner Andrews motioned to adopt Ordinance 2021-10 with a start date of 4/ I/22, starting at 30% of the total cost with an eight-phase increase subject to yearly review at I 0%. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" June 9, 2021, BOC Regular Meeting Page 10 of 17 The motion carried 5-0. D. Development Agreement by and between the City of Madeira Beach and JJB Property Holdings, LLC - Public Hearing - Li11da Portal, Commu11ity Development Director City Attorney Tom Trask said the public hearing would be continued. 9. UNFINISHED BUSINESS A. Resolution 2021-08, Revocation of Resolution 2020-09, use of City right-of-way for restaurants/bar seating - Robert Daniels, City Manager City Attorney Tom Trask read Resolution 2021-08 by title only: RESOLUTION 2021-08 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA, REPEALING RESOLUTION 2020-09 WHICH PROVIDED FOR BUSINESSES AND RESTAURANTS TO RECEIVE CITY-WIDE SPECIAL EVENT PERMITS FOR THE TEMPORARY USE OF CITY RIGHTS-OF-WAY DURING COVID-19; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. City Manager Robert Daniels said they discussed it at a couple of workshops. The restaurants and bars are back at 100%, and they have been for a couple of months. and it seemed to be successful at this point. Hopefully, they will not have to go back and do it again. Mayor Hendricks asked if they needed a date to when to have the City rights-of-way cleared. The City Attorney said the item is only repealing it, so the previous resolution has no effect. There is no date certain. The City Manager said they could give them 30 days to get everything cleared out. He will get the word out if that is acceptable to the Commission. Vice Mayor Price said long as they had a way of alerting everybody of that. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hutson motioned to approve Resolution 2020-08, the revocation of Resolution 2020-09. use of City rights-of-way for restaurants/bar seating with a 30-day grace period. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Hutson "YES" Commissioner Andrews "YES" Vice Mayor Price "YES" June 9, 2021, BOC Regular Meeting Page 11 of 17 Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 5-0. 10. CONTRACTS/AGREEMENTS A. Approval of the FY'2021-2022 Gulf Beaches Public Library Budget and Agreement- Vice Mayor Price This item was discussed first on the agenda. B. Amendment to landscape contract with Floriculture - Megan Wepfer, Interim Public Works Director Public Works Director Megan Wepfer said they are within their extension period of the landscaping contract. It covers everything except for the City Centre and the ballfields. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve the contract term amendment. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. C. Approval of contract with ADT Commercial to Design, Install, Maintain, Repair and Upgrade Services for Low-Voltage CCTV Security Camera Systems - Brian Rau, Marina Manager Marina Manager Brian Rau said last month the Commission approved to negotiate with ADT. He explained a couple of changes made to the original proposal put out and said it increased the cost of the original bid by $4,417. Mayor Hendricks said he had asked about a camera to read car tags with all the children dropped off and picked up at the Rec Center. Recreation Jay Hatch said they have the layout of the cameras. There is one in the cul-de-sac that was part of the original plans. They should have a view on that. Mayor Hendricks opened to public comment. There were no public comments. June 9, 2021, BOC Regular Meeting Page 12 of 17 Commissioner Hodges motioned to approve the contract with ADT Commercial to design, install, maintain, repair, and upgrade services for low-voltage CCTV security camera systems. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. D. RFP 20-10 - Athletic Field Lighting Contract - Jay Hatch, Recreation Director Recreation Director Jay Hatch reviewed the item. They budgeted $330,000 for the project. They are looking at a project cost of $313,500, plus a 5% contingency of $16,500, which puts them right at $330,000. It is an energy savings project that will get them many years down the road. They are looking at a six to eight-week process once the contract gets signed. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Andrews motioned to approve the athletic field lighting contract. 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. 10. NEW BUSINESS A. Resolution 2021-10, Employee of the Year; Volunteer of the Year; Outstanding Citizen of the Year - Robert Daniels, City Manager City Attorney Tom Trask read Resolution 2021-10 by title only: RESOLUTION 2021-10 June 9, 2021, BOC Regular Meeting Page 13 of 17 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH ESTABLISHING THE CITY OF MADEIRA BEACH AW ARD PROGRAMS FOR EMPLOYEE OF THE YEAR, VOLUNTEER OF THE YEAR AND OUTSTANDING CITIZEN OF THE YEAR; REPEALING RESOLUTION 2018-20; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said they have been doing the program a couple of years, but COVID put a damper on things last year. They hope to do it again as they get closer to December and follow the same criteria they have used before for picking the employee of the year, volunteer of the year, and the outstanding citizen of the year. Mayor Hendricks said it might be too late to add business of the year. Vice Mayor Price asked how many volunteers they have registered with the City of Madeira Beach. The City Manager said they just picked up three more volunteers that are ambassadors for the parking program and four volunteers who work at the front desk in City Hall. Vice Mayor Price said they agreed to have a professional sitting in the front. The City Manager said they do. Sue Portal is there as well, but since she is now doing the business tax receipts and the parking permits, the volunteers work with her at the front desk under her supervision. Vice Mayor Price said she is personally not thrilled with having the volunteers at the front desk. The City Manager said he could bring back a new resolution in July, adding business of the year. Vice Mayor Price said she did not know they had a volunteer program and asked if there was somewhere on the website for people to sign up to be a volunteer. The City Manager said he did not know. Mayor Hendricks opened to public comment. There were no pub Iic comments. Commissioner Andrews motioned to pass Resolution 2021-10. 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. 12. STAFF REPORT June 9, 2021, BOC Regular Meeting Page 14 of 17 A. 2021 Taxable Value Estimates from Pinellas County Property Appraiser - Andrew Laflin, Financial Consultant Financial Consultant Andrew Laflin said the property appraisers provided the initial taxable values. If they keep the millage the same at 2.75 mills, the increase in ad valorem taxes would be $316,000. B. City Manager's Report - May 2021 City Manager Robert Daniels reported on the City Manager's Report for May 2021. 13. AGENDA SETTING - June 30, 2021, BOC Regular Workshop Meeting A. Discussion - Bid out for Engineering Services or hire an employee engineer-Board of Commissioners B. Renewal of Law Enforcement Services contract for FY 2022 - Robert Daniels, City Manager The City Manager said they should have the high and dry report back soon, so he would like that to be the only discussion on the June 30 workshop agenda. He would like to move the two items listed to the July workshop meeting. Commissioner Andrews added the City Manager's search to the June Workshop Meeting. The Board consented to have only the high and dry, and the City Manager's search one the June 30 workshop agenda and move Items A and B to the July workshop agenda. 14. REPORTS/CORRESPONDENCE A. Board of Commissioners Vice Mayor Price reported on the recent Gulf Beaches Public Library Trustee Meeting. She had brought up the interlocal agreement and was told that Treasure Island did not like it. They want some deadlines for the cities to agree, and they do not like the $100,000 cap on reserves. After watching their May 14 workshop on it, it is clear they will not sign it. They think Madeira Beach is holding back on some things and not wanting to give their city attorney some information he has asked for. The previous mayor agreed to it, but the new mayor did not. She did not know what was going on. From his discussions with other mayors, Mayor Hendricks said that four of the five towns have voted for it. He and City Attorney Trask met with the city attorney and mayor of Treasure Island and discussed their concerns. He thought they had addressed everything and worked it out. All the cities except Treasure Island have voted on it and are ready to move forward with the interlocal agreement without Treasure Island. That does not mean they cannot participate in the library; it just means they won't be a part of the interlocal agreement, and part of the point that's being missed June 9, 2021, BOC Regular Meeting Page 15 of 17 is that the interlocal agreement is between the cities and not with the library. The library doesn't have input. It is to protect the cities. He watched the meeting at Treasure Island, and they continued to talk about the library and the constituents, who are the residents of their cities. They must watch out for the benefits of the residents, not just here in Madeira Beach, but in the other communities too. That was agreed on. To be told that the mayors were pressuring the Treasure Island mayor is simply not true. One mayor reached out numerous times, as has City Manager Daniels reached out to the Treasure Island mayor, and he will not return phone calls. So, he wanted to put that on the record. The idea that Madeira Beach is going out after the property is not true. And had it not been for Madeira Beach last year when COVID started, you wouldn't see the improvements that have taken place at the library because they asked them to reduce their reserves. They were keeping almost $1 million in reserves. They've got the cities they can go to, so it does no good to keep building a war chest for nothing. If Treasure Island does not come along and be a part of the library, then it will be Treasure Island's fault if the library fails. The City Attorney explained the process taken and said changes were made to address the concerns. He understands what they are asking for, but no information has been requested from him. They want more changes made, and that is not the will of the other four cities. The Mayor said there is nothing that cannot be addressed in the library's bylaws. Vice Mayor Price asked if the Interlocal Agreement was still good without Treasure Island's signature on it. The City Attorney said if Treasure Island does not want to do it, they may want to amend the current agreement to cut their name out of the title. But otherwise, there is an interlocal agreement between the four cities so far, and all four have signed it. If they want to clean it up and take Treasure Island completely out of it because they are mentioned, they can do that. Mayor Hendricks said he would approach the other mayors about it. The City Attorney said it could be done by just a simple amendment. It would be the first amendment to interlocal agreement addressing that one issue. He will look to see what the consequences of the new agreement versus the existing agreement are. Mayor Hendricks said if Treasure Island gets removed from the agreement, they could pay their dues and still participate if they choose to participate. Vice Mayor Price said today was the last day of school. She thanked all the teachers, students, everybody at Madeira Fundamental, and the crosswalk people who are always so nice to her and for allowing her to ride her bike across and not walk across like the children. A. City Attorney The City Attorney said he might be taking a couple of days off to visit his son in Colorado. If so, he will coordinate that with the Commission to ensure that is not an issue. B. City Manager No report. June 9, 2021, BOC Regular Meeting Page 16 of 17 C. C ity Clerk No report. 15. ADJOU RNMENT Mayor I lendricks adjourned the meeting at 8:26 p.111. / foi?i, B.Hendn c s. Mayo, ATTEST: I Clara VanB largan. MMC. MSM. City C June 9. 202 1, BOC Regular Meeting Page 17 of 17

Agenda

City of Madeira Beach Agenda BOC Regular Meeting Wednesday, June 9, 2021 @ 6:00 PM Commission Chambers The Board of Commissioners of the City of Madeira Beach, Florida will meet in the Patricia Shontz Commission Chambers 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. Meetings will be televised on Spectrum Channel 640 and YouTube Streamed on the City’s Website. Page 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Nancy Hodges 3. ROLL CALL 4. APPROVAL OF THE AGENDA 5. PROCLAMATIONS/PRESENTATIONS 5.1. PROCLAMATIONS - MAYOR/CITY CLERK 5.2. PRESENTATIONS (limited to 10 minutes each) 6. PUBLIC COMMENT Public participation is encouraged. If you are addressing the Commission, step to the podium and state your name and address for the record. Please limit your comments to three (3) minutes and do not include any topic that is on the agenda. Public comment on agenda items will be allowed when they come up. Public comments can also be submitted by email through the Public Comment form located on the front page of the City of Madeira Beach website at https://madeirabeachfl.gov/. Comments are accepted up to three hours prior to start of the meeting, and will be read aloud during the meeting. Please limit your comments to 400 words as the comments are limited to three minutes. For any quasi judicial public hearings that might be on the agenda, an affected person may become a party to a quasi judicial proceeding and can be entitled to present evidence at the hearing including the sworn testimony of witnesses and relevant exhibits and other documentary evidence and to cross-examine all witnesses by filing a notice of intent to be a party with the city clerk not less than five days prior to the hearing. 7. CONSENT AGENDA Any member of the Board of Commissioners can ask to pull a consent item for separate discussion and vote. A. Approval of Minutes: 5 - 19 2021-05-12, BOC Regular Meeting Minutes B. Purchase of Ford F250 to replace Truck #70, 2011 F250 4x2 - Megan 20 - 22 Wepfer, Interim Public Works Director Memo - Purchase F250 FSA20VEL28_Pickup4X2_140 MADEIRABEACH-F2A-05-10-21 C. Purchase of ASV Skid Steer to replace #56, 2001 Bobcat purchased to 23 - 28 clean beach accesses - Megan Wepfer, Interim Public Works Director Memo - Purchase ASV Skid Steer City of Madeira Beach - ASV RT-25 (NEW) RT-25 Spec Guide JCB - Sourcewell Contract Information D. Joint Use Agreement for use of Madeira Beach Fundamental Facilities and 29 - 41 Joint Use Agreement of Bicentennial Park - Jay Hatch, Recreation Director Memo- Madeira Beach Funadmental Joint Use Agreements CityofMadeiraBeachJUA2021 Bicentennial Park Agreement2021 E. Waiving permit fees for the Gulf Beaches Public Library - Robert Daniels, 42 City Manager Memo - Waiver of Permit Fees 8. PUBLIC HEARINGS A. Ordinance No. 2021-11, Building Regulations and Fire Prevention Code 43 - 47 Updates - 2nd Reading & Public Hearing - Clint Belk, Fire Chief Memo - Ordinance 2021 - 11 Fire Code update Ord 2021-11 (Code Amend. - Fire and Life Safety Code References) B. Ordinance No. 2021-12, Proposed amendment to Fees and Collection 48 - 110 Procedure Manual - 2nd Reading & Public Hearing - Andrew Laflin, Financial Consultant Memo - Ordinance Fees & Collection Procedure Manual Ordinance 2021-12, Fees & Collection Procedure Manual Exhibit A Fees Collection Procedure Manual 2021 Final Exhibit B Fees Collection Procedure Manual 2021 Tracked Changes Exhibit C - Fees & Collection Comparison Table C. Ordinance No. 2021-10, Amendment to Proportionate-Share Development 111 - 130 Fee Ordinance - 1st Reading & Public Hearing - Linda Portal, Community Development Director Memo - Ordinance 2021-10 Proportionate Share Ordinance 2021-10, Culture & Recreation Impact Fees Final Culture & Recreation and Public Safety Fee Report 210420 D. Development Agreement by and between the City of Madeira Beach and 131 - 182 JJB Property Holdings, LLC - Public Hearing - Linda Portal, Community Development Director Memo - Schooner DA Schooner Development Agreement Staff Report BOC 6_9_21 DA_Mailing_And_Posting 2021.05.26 DA Legal Ad 9. UNFINISHED BUSINESS A. Resolution 2021-08 - Revocation of Resolution 2020-09, use of City right- 183 - 185 of-way for restaurants/bar seating - Robert Daniels, City Manager Res.2021-08 (Repeal Res. 2020-09 revoking temp. ROW use permits during COVID-19) Res2020-09, City Wide Special Event Order 10. CONTRACTS/AGREEMENTS A. Approval of the FY'2021-2022 Gulf Beaches Public Library Budget and 186 - 208 Agreement - Vice Mayor Price Gulf Beaches Library Budget FY2021-2022 Madeira Beach Service Agreement Gulf Beaches Library Audited Financial Statement B. Amendment to landscape contract with Floriculture - Megan Wepfer, 209 - 234 Interim Public Works Director Memo - Amendment to landscape services Floriculture Landscape Services - Agreement & Contract Amendment Exhibit A Crime Cert and Exhibit B Drug Free Certificate of Liability Insurance 20210603-093000 City of Madeira Beach letter of intent 4-12-21 Parks Inventory 2021 Parks Landscape Map 2021 Floriculture Contract signed 2018 C. Approval of contract with ADT Commercial to Design, Install, Maintain, 235 - 256 Repair and Upgrade Services for Low-Voltage CCTV Security Camera Systems - Brian Rau, Marina Manager Memo - contract with ADT for RFP 21-01 CCTV camera system Updated Pricing For City of Madeira Beach Video System CCTV camera contract with ADT D. RFP 20-10 - Athletic Field Lighting Contract - Jay Hatch, Recreation 257 - 455 Director Memo - Athletic Field Lighting Contract NGU Ephesus Contract Contract Exhibit A - Bid Response Contract Exhibit B - RFP 20-10 - LED Field Lighting 11. NEW BUSINESS A. Resolution 2021-10, Employee of the Year; Volunteer of the Year; 456 - 458 Outstanding Citizen of the Year - Robert Daniels, City Manager Resolution 2021-10, Awards Program 12. STAFF REPORTS A. 2021 Taxable Value Estimates from Pinellas County Property Appraiser - 459 - 464 Andrew Laflin, Financial Consultant 2021 Estimates of Change in Taxable Values B. City Manager's Report - May 2021 465 - 472 05-2021 City Manager's Report May 2021 13. AGENDA SETTING - JUNE 30, 2021, BOC REGULAR WORKSHOP MEETING A. Discussion - Bid out for Engineering Services or hire an employee engineer - Board of Commissioners B. Renewal of Law Enforcement Services contract for FY 2022 - Robert Daniels, City Manager 14. REPORTS/CORRESPONDANCE A. Board of Commissioners B. City Attorney C. City Manager D. City Clerk 15. ADJOURNMENT One or more Elected or Appointed Officials may be in attendance. Any person who decides to appeal any decision of the Board of Commissioners 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 minutes to be transcribed verbatim; 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 to participate in this meeting should call the City Clerk at 727-391-9951, ext. 231 or 223 or fax a written request to 727-399-1131

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