Board of Commissioners Regular Meeting

MJNUTES BOARD OF COMM ISSION ERS REG ULAR MEETING AUGUST 11 , 2021 6:00 p.m. The City of Madeira Beach Board of Commissioners held a regular meeting at 6:00 p.m. on August 11 . 2021 , in the Patricia Shontz Comm iss ion Chambers at City I lal l, located at 300 Municipa l Drive, Madeira Beach. Florida. MEMBERS PRESENT: .John B. Hendricks, Mayor Helen '·Happy.. Price. Vice Mayor/Commiss ioner District I Nancy Hodges, Commi ssioner District 2 Doug Andrews, Commissioner District 3 Dave Hutson. Commissioner District 4 CITY STAFF PRESENT: Robert Danie ls. City Manager Clara VanBlargan, City C lerk Thomas Trask. City Attorney 1. CALL TO ORDER Mayor Hend ri cks called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE City Attorney Tom Trask gave the Invocation and led the Pledge of Allegiance. 3. ROLL CALL City Clerk Clara VanBlargan called the ro ll. 4. APPROVAL OF THE AGENDA City Manager Robert Dan iels asked to move Public Hearing Agenda Item 8.H., Schooner Development Agreement, in front or Pub lic Hearing Agenda Item 8.A .. Ordi nance 2021 -05. an amendment to Chapter I 0. Anim als. to be discussed first under Public Hearings. Vice Mayor Pri ce asked that Agenda Item 8.D .. Ord inance No. 202 1-1 5. an amendment to accessory structures, be postponed to the Wednesday, September 8, 202 1. BOC Regular Meeting. It will allow a citizen who brought issues to their attention time to attend the meeting to give input on the item. They can give him a 30-day notice to attend the meeting. August I I. 202 1. BOC Regular Meeting Page 1 of 16 Commissioner Andrews motioned to approve the Agenda with the changes discussed. 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. City Attorney Tom Trask said he wanted to make the public aware that Ordinance 2021-15 has been continued or deferred to first reading and public hearing on September 8, 2021. 5. PROCLAMATIONS/PRESENTATIONS 5.1. PROCLAMATIONS- MAYOR/CITY CLERK 5.2. PRESENTATIO NS (limited to 10 minutes each) 6. PUBLIC COMMENT Mayor Hendricks opened to public comment. There were no public comments. The City Manager said he received two emailed public comments dealing with Agenda Item 8. H, Schooner Development Agreement. The item was moved up on the agenda and will be continued. With the advice of the City Attorney, since the item will be postponed to the October meeting, those comments will be saved and read at the October meeting. 7. CONSENT AGENDA A. Approval of Minutes: • 2021-06-09, BOC Budget Workshop Meeting Minutes • 2021-06-09, BOC Regular Meeting Minutes • 2021-06-30, BOC Special Meeting Minutes • 2021-07-05, BOC Special Meeting Minutes • 2021-07-21, BOC Special Meeting Minutes • 2021-07-28, BOC Regular Workshop Meeting Minutes Vice Mayor Price motioned to approve the Consent Agenda. Commissioner Andrews seconded the motion. ROLL CALL: August 1I, 2021, BOC Regular Meeting Page 2 of 16  Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 5-0. Board of Commissioners Meeting Calendar Vice Mayor Price said they needed to reschedule the August 17, 2021, BOC Special Meeting to vote on a candidate to be city manager because they will be interviewing candidates on August 17 and August 18 for the city manager position. Commissioner Andrews said they might need to schedule two meetings to have discussions and narrow the pool of candidates to three candidates and then do a second round of interviews and then meet to decide. After interviewing the seven people, they might need more than an hour to discuss it and come up with their final candidate. The City Attorney said the City Manager's contract expires in August, and they must have a contract. His advice would be to extend the contract for one or more months as appropriate, so long as Mr. Daniels agrees to that timeframe. They cannot be without a city manager. The City Manager said he could agree to an extension depending on the terms. The terms of his contract expire on August 30, and his lease expires on August 31. The Mayor said the tenns will be what is in the contract now if they extend it. If an extension does not work out, they will have to go with an interim city manager. The Board discussed the meeting calendar and took the following action: • Canceled the 2:00 p.m., Tuesday, August 17, 2021, BOC Special Meeting to vote on a candidate to be city manager • Scheduled Tuesday, August 17, 2021, and Wednesday, August 18, 2021, for Zoom and in-person interviews with seven candidates for city manager • Confirmed 4:00 p.m., Wednesday, August 18, 2021, BOC Budget Workshop Meeting • Scheduled 4:00 p.m., Wednesday, August 25, 2021, BOC Special Meeting to select top three candidates, extend the City Manager's contract for 30 days or longer if needed, or get an interim city manager. • Confirmed 5:00 p.m., Wednesday, August 25, 2021, BOC Special Meeting for the second reading and public hearing on the sanitation amendment ordinance • Confirmed 6:00 p.m., Wednesday, August 25, 2021, BOC Regular Workshop Meeting • Scheduled the week of August 30, 2021 for in-person interviews with the final three candidates for the city manager's position. • Scheduled 2:00 p.m., Tuesday, September 7, 2021, BOC Special Meeting for the final city manager decision Vice Mayor Price read a two-minute statement she had prepared and stated, "This past Monday the Commission met to narrow the field of applicants to interview for their open City Manager position. Twenty-eight applicants expressed their desire to be their city manager. The vast majority August 11, 2021, BOC Regular Meeting Page 3 of 16 of them had every qualification the Board put in their job advertisement. Many had a master's degree in public administration, planning, engineering, and years of city manager experience. She has a hard time narrowing it down to just five to interview. One candidate was a West Point graduate with two master's degrees and a business degree from Harvard. He ran an entire county and a city with 450 employees. She was very disheartened and confused to hear one of her colleagues, Commissioner Hutson, state that he was disappointed in the qualifications of most of the candidates and that they scared away the better candidates, and he was not impressed with the applicant pool. She could not disagree more and thought she was in shock when hearing it and regrets not saying anything about it at that time. The commenting by Commissioner Hutson and the folks who put themselves out there was wrong and not in the best interest of Madeira Beach. She would like to say publicly to all 28 candidates who submitted an application that she was very impressed with them all, she enjoyed learning about each of them, and have no doubt they will secure a great city manager for their wonderful slice of paradise." 8. PUBLIC HEARINGS H. Schooner Development Agreement- Public Hearing continued from Wednesday, July 14, 2021 - Linda Portal, Community Development Director This item was moved up to be discussed first. The City Attorney said the item was previously continued to this specific meeting for the purposes of considering the development agreement, which is a legislative matter and not a quasi-judicial hearing. About a week ago, they received notice from the attorney representing the developer that they were working on some additional issues and wanted to further clarify to bring a better development agreement to the Board, and that they needed some time to do that. In that regard, they had received a letter from their attorney asking for a continuance of the public hearing on the development agreement consideration to a date certain of October 13, 2021, which is the Board of Commissioners Regular Meeting after the September meeting. The September meeting came to quickly for them to do the things they wanted to get done. So, it was suggested that it be October 13. They are asking for a continuance of this particular matter to that particular date. If there are anyone in the audience that wants to speak on the agenda item, they have the opportunity to do that. His suggestion is that it would probably be better for them to hold their comments for that meeting so they can gather all the information needed if it is of significance. If that is acceptable to the Commission, a motion would need to be made to continue the hearing until October 13, 2021, and in that regard, they would not have to re-advertise. Vice Mayor Price motioned to continue the Schooner Development Agreement to October 13, 2021. Commissioner Hodges seconded the motion. Commissioner Hutson said on one of the previous development agreements, they tried to add something to it in the meeting, and it did not work. If they wanted to add something to the agreement, what is the best way to do that? He would like something put in the agreement to require that all the employees to park within the parking garage or on the facility, so cars are not parked in the residential area and to require that the delivery trucks loading and unloading to not August 11, 2021, BOC Regular Meeting Page 4 of 16 park on Gulf Blvd. and block a lane, especially right in front of the crosswalk because it is dangerous. The City Attorney said the time to discuss it would be when looking at the development agreement on October 13. The Board would decide at that time what is acceptable and not acceptable or approve it as is. The Board does not have the development agreement in its final form to comment on. Some of those issues may be addressed in the revised version coming back to the Board already, but he does not know. ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. A. Ordinance No. 2021-05, Proposed amendment to the City of Madeira Beach Code of Ordinances, Chapter 10, Animals (chickens) - 1st Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-05 by title only: AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 10 ANIMALS, OF THE CITY CODE OF ORDINANCES, SEC. 10-2(a)(3) TO DELETE REFERENCE TO CHICKENS, AND CREATE SECTION 10-15 PROVIDING FOR THE REGULATION OF CHICKENS IN BACKYARDS; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal introduced Planning staff member Jenny Rowan who reviewed the item and explained the proposed ordinance. She said staff and the Planning Commission recommended approval of the ordinance. Mayor Hendricks said a chicken expert told him that they should have an odd number of chickens because they team up against one another. Vice Mayor Price said they should keep it at four chickens. Vice Mayor Price said when they previously discussed it, they agreed to make it only for a non- waterfront property because of the high nitrogen, phosphorus, and potassium in chicken manure. That needs adding in the ordinance. Commissioner Hutson said from the conversation he remembered that there are no waterfront properties in Madeira Beach that would allow a setback to have chickens. Director Portal said under the location section, they could specify non-waterfront lots. The City Attorney said they probably want to also add it in Paragraph I. B, applicability, so it reads, "The provisions of this section shall apply to the keeping of chickens on 'non-waterfront properties' in August 11, 2021, BOC Regular Meeting Page 5 of16 R-1 and R-2 districts." Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Ordinance No. 2021-05 with the addition that it only applies to non-waterfront properties in R-1 and R-2 districts. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Mayor Hendricks "NO" The motion carried 4-1. B. Ordinance No. 2021-06, Proposed amendment to City of Madeira Beach Codeof Ordinances, Chapter 94, Floodplain Management - 2nd Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-06 by title only: ORDINANCE NO. 2021-06 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 94 FLOODPLAIN MANAGEMENT TO AMEND SEC. 94-22 - BASIS FOR ESTABLISHING FLOOD HAZARD AREAS; SEC 94-42 - BUILDINGS, STRUCTURES AND FACILITIES EXEMPT FROM THE FLORIDA BUILDING CODE, TO ADDRESS EMERGENCY HOUSING AND AGRICULTURAL AREAS ADDRESSED IN STATE CODES; SEC. 94-43(5)- APPLICATION FOR A PERMIT OR APPROVAL, ESTABLISHING A COST ESTIMATING SOURCE; SEC. 94-50(1) - INFORMATION FOR DEVELOPMENT IN FLOOD HAZARD AREAS, ESTABLISHING 4 FEET OF FREEBOARD; SEC. 94-50(4) DEFINING THE PURPOSE OF FILL; SEC. 94-70 - GENERAL, ADDRESSING SPECIAL MAGISTRATE REQUESTS FOR APPEALS AND VARIANCES; SEC 94-93 - DEFINITIONS, ADDING ACCESSORY STRUCTURE, AMENDING FLORIDA BUILDING CODE SECTION IDENTIFICATION, ADDING COASTAL A ZONE, AMENDING FREEBOARD STANDARD, DEFINING LIMIT OF MADERATE WAVE ACTION, AMENDING MARKET VALUE, ADDING NONCONVERSION AGREEMENT; SEC. 94-102 AT-GRADE ACCESSORY STRUCTURES, DEFINING CONDITIONS OF USE PLACEMENT AND CONSTRUCTION; SEC 94-110 - MINIMUM REQUIREMENTS, ADDRESSING DRAINAGE IN SPECIAL FLOOD HAZARD AREAS; SEC 94-111 - SUBDIVISION August 11, 2021, BOC Regular Meeting Page 6 of 16  PLATS, REQUIRING 4 FEET OF FREEBOARD; SEC 94-120 - MINIMUM REQUIREMENTS, INCLUDING ALL SPECIAL FLOOD HAZARD AREAS; SEC 94-121- SANITARY SEWAGE FACILITIES, TO REFLECT UPDATED FLORIDA ADMINISTRATIVE CODE STANDARDS AND CITATIONS; SEC 94-123 - LIMITATIONS ON PLACEMENT OF FILL, CLARIFYING STANDARDS FOR THE USE OF STRUCTURAL FILL; SEC 94-124 - LIMITATION ON SITE IN COASTAL HIGH HAZARD AREAS (ZONE V), ADDING COASTAL A ZONES; SEC. 94-130, PROHIBITING SEPTIC TANKS IN FLOOD HAZARD AREAS; SEC. 94- 131 EXTENDING PROHIBITION OF ABOVE GROUND TANKS TO COASTAL A ZONES; SEC 94-141 - CONCRETE SLABS, EXTENDING V ZONE STANDARDS TO APPLY TO COASTAL A ZONES; SEC 94-142 - DECKS AND PATIOS IN COASTAL HIGH HAZARD AREAS, EXTENDING V ZONE STANDARDS TO APPLY TO COASTAL A ZONES; SEC 94-143 - OTHER DEVELOPMENT IN COASTAL HIGH HAZARD AREAS, EXTENDING V ZONE STANDARDS TO APPLY TO COASTAL A ZONES; AND SEC. 94-144 - NONSTRUCTURAL FILL IN COASTAL HIGH HAZARD AREAS, EXTENDING V ZONE STANDARDS TO APPLY TO COASTAL A ZONES; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Community Development Director Linda Portal reviewed the item. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Price motioned to approve Ordinance No. 2021-06. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 5-0. C. Ordinance No. 2021-14, Proposed Amendment to the City of Madeira Beach Code of Ordinances, Article I., Section 66-2 Motor Vehicles Prohibited on Public Beach Areas Exception, to prohibit the operation of electric bicycleson beaches, adding Section 66- 2(c) Providing Exceptions for Personal Assistive Devices - 1st Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-14 by title only: August 11, 2021, BOC Regular Meeting Page 7 of 16  ORDINANCE NO. 2021-14 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING SEC. 66-2 TITLED MOTOR VEHICLES PROHIBITED ON PUBLIC BEACH AREAS; EXCEPTION, OF THE CITY CODE OF ORDINANCES TO INCLUDE A PROHIBITION FOR THE OPERATION OF ELECTRIC BICYCLES ON BEACHES, AS WELL AS AN EXCEPTION FOR PERSONAL ASSISTIVE MOBILITY DEVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal introduced Planning staff member Andrew Morris who reviewed the item. Director Portal said Mr. Morris is the one who has been shepherding the micro-mobility through and coordinating with the other communities to make sure they have a plan that suits al I the islands together. Mayor Hendricks said several Big-C members are trying to get consistent ordinances, so the same regulations apply throughout each city, particularly on the beach, which is what the ordinance is about. Commissioner Andrews received confirmation that they are allowed to ban electric bicycles on the beach. Director Portal explained that in the last Legislative session, electric bikes were added to the prohibitions on the beach if local governments wanted to do so. That is the reason they are amending the micromobility element to include that exclusion. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Price asked if she had an electric bike with a small motor on it that she can use or not use, could she still ride it down the beach without it being in electric mode. Director Portal said it should be fine if it is not being used as an electric bike. Commissioner Hutson motioned to approve Ordinance No. 2021-14, prohibiting electric bikes on the beach. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Hutson "YES" Vice Mayor Price "YES" Commissioner Hodges YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. D. Ordinance No. 2021-15, Proposed amendment to the City of Madeira Beach Code of Ordinances, Division 4. - Accessary Structures, SEC. 110-472. -1st Reading & Public Hearing - LindaPortal, Community Development Director August 11, 2021, BOC Regular Meeting Page 8 of 16  Agenda Item 8. D. was postponed to the September 8, 2021, BOC Regular Meeting. E. Ordinance No. 2021-16, Amendment to the City of Madeira Beach Code of Ordinances - Chapter 14, Florida Building Code Floodplain References -1st Reading & Public Hearing - Linda Portal, Community Development Director Community Development Director Linda Portal asked that the item be continued to the September meeting because they were contacted by the state a couple of days ago informing them that FEMA had put out a call for additional language to be put in the sections. The adjustments will be made before moving forward. Vice Mayor Price motioned to continue Ordinance No. 2021-16 until the September 8, 2021, BOC Regular Meeting. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Commissioner Hodges YES" Mayor Hendricks "YES" The motion carried 5-0. F. Ordinance No. 2021-17, Amendment to the City of Madeira Beach Code of Ordinances, Division 3- Landscape Fences, Gates, Hedges and Walls; Sec. 110-446 - Applicability of Division; Section 110-44 7 - Location and Height of Fences, Hedges, and Walls, Providing for Consistency-1st Reading & Public Hearing- Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-17 by title only: ORDINANCE NO. 2021-17 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING SECTION 110-446 - APPLICABILITY OF DIVISION; SECTION 110-447 - LOCATION AND HEIGHT OF FENCES, HEDGES, AND WALLS OF DIVISION 3 - LANDSCAPE FENCES, GATES, HEDGES AND WALLS OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Community Development Director Linda Portal said the Board had previously discussed the item and asked that they come back with an ordinance doing away with the height restriction on landscaping in backyards. They changed the language to the existing code that allows the landscaping to grow to natural height while keeping the walls and the fences August 11, 2021, BOC Regular Meeting Page 9 of16 under the same regulations. The Planning Commission discussed it and recommended denial. It was not only a matter of enforcement and difficulty enforcement but the concern on the narrower lots. There is more impact to tall landscaping than just visibility and open view. There is also the problem of shading the neighbor's pool entirely or cutting down on the circulation of the air. They would prefer to keep the current landscaping height restrictions in place. The vote was five to one to deny it. Mayor Hendricks said p. 97 of 157 states that fences must not exceed four feet. Depending on the direction driving from, you can see directly in back yards. They are not allowed to have anything that blocks the view. He would like to see an exception beside bridges and maybe even City property so those people can have a higher fence. Three of the four corners have a pool in their backyard, and they probably would like some privacy back there. Commissioner Hutson said he thought they had a 4-ft level if there was a pool in the backyard. He did not see that in the ordinance. Director Portal said the requirement is in the building code. The requirement is that if they have a pool, they must have a minimum of a 48-inch fence. Commissioner Hutson asked if they could include the building code requirement in the ordinance so people could find it. Director Portal said they would look at it to see if there is a way to add it in the reference. The City Attorney said the reference is in the definition of hedges where it says, 'except those fences required by the Florida Building Code'. That is where it is addressed. Mayor Hendricks said he appreciated what the Planning Commission said about not going along with it, but he has a problem that over the years, the City has not done its job in enforcing what is on the books. There is one street he is aware of that has about 20 homes that are in violation. It is difficult to go back and start enforcing it. The best thing to do is amend the code. It will eliminate a lot of problems for the City by passing the ordinance. One concern is that the City violates its code in numerous places. Vice Mayor Price asked if the requirement they now have that says no hedge or solid non- see-through foliage higher than 3-ft to the waterline was City code or Florida Building Code. Director Portal said it is not the Florida Building Code. It is common, and a lot of the islands and communities have it. Since it is not enforced, they are getting rid of it. Commissioner Andrews said if the Planning Commission recommended denial, what did she recommend. Director Portal said they had recommended approval for the very reasons discussed by the Board, and it is not being enforced, which is common. She explained the changes made to the ordinance. Commissioner Hutson asked if it needed to be postponed to include the changes talked about. The City Attorney said the changes will be made for second reading. Mayor Hendricks opened to public comment. There was no public comment. August 11, 2021, BOC Regular Meeting Page 10 of 16 Vice Mayor Price motioned to approve Ordinance No. 2021-17 with the changes discussed regarding properties that are on roadways and bridges to make adjustments for their view. Commissioner Hutson seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 5-0. G. Ordinance No. 2021-18, Amendment to the City of Madeira Beach, Florida Code of Ordinances, Chapter 82 General Provisions, Section 82-2 Definitions, to respond to the modern use of hedges and support the intent of the code to protect the open character of the community - 1st Reading & Public Hearing - Linda Portal, Community Development Director City Attorney Tom Trask read Ordinance No. 2021-18 by title only: ORDINANCE NO. 2021-18 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE DEFINITION OF HEDGES IN SECTION 82-2 - DEFINITIONS OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal reviewed the item. Staff recommended it to the Planning Commission. They voted 5-1 to approve it with the change that the last sentence be deleted dealing with the growth to natural height to be consistent with their other recommendation from before. Mayor Hendricks opened to public comment. There was no public comment. Commissioner Hodges motioned to approve Ordinance No. 2021-18. 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. August 11, 2021, BOC Regular Meeting Page 11 of 16 9. UNFINISHED BUSINESS 10. CONTRACTS/AGREEMENTS A. Agreement between the City of Madeira Beach and Trask Daigneault, LLP for City Attorney Services - Assistance in drafting an RFP and related documents for the purpose of obtaining proposals for the Marina High/Dry project - City Attorney Thomas Trask City Attorney Tom Trask said at a recent Commission meeting there was direction to the City Manager and staff to begin working on an RFP for the Marina project. Their firm has an expert in that field who has done numerous of them. It should be considered a special project as defined under their agreement as complex in a complicated matter. He cannot give an estimate of the time. It depends upon how City staff works with it and how the consultant works with the attorney. If it is a special project, his contract requires that he get approval from the Board to do it. Commissioner Andrews said that when discussing going out for an RFP to construct a high and dry facility, they had agreed to do an RFP if they are not spending any more money. They just put $50,000 into a feasibility study for the project. He does not know if they normally go to outside vendors to write RFPs for the City. If it is a special project and they cannot put together an RFP without the help of Mr. Trask and another attorney with the firm, he is okay with it, but it changes the parameters of what they spoke about. It also goes against what they do on a day-to-day basis. Each department is supposed to write its own RFPs. If there are no people in those departments who can write an RFP for their projects, they need new people. He does not like going outside if they do not have to. Mayor Hendricks said he has only been in the seat for a little over the year and came to a lot of Commission meetings beforehand and has not seen it. He asked how they got to the point of having an attorney write it. The City Manager explained they do a legal review on RFPs that are complicated. The City Attorney does not charge for the legal review. The plans are to write it, but with it being a turnkey concept of public/private partnership in some manner like a lease, there are some legalities that he wants to make sure they are protected on, which is how they got to the point of where they are now. Mayor Hendricks asked for a ballpark figure of what it would cost. The City Attorney said about $3,000 to $4,000 based on the number of hours. There are about 20 hours currently on it. The rate charged is the same as what the previous city attorney charged, which is the same rate he came in on. The estimate is a guess. Vice Mayor Price said it is complicated, and she would not expect a director to write it other than doing the first draft. The legalities that need to be written in it need to be done by an attorney. She does not want to risk missing something that would cost them a lot more than $4,000 to fix. As long as the attorney doing it has some type of format, he can share with staff to help get it right the first time; she has no problem with it because it is so complicated. It is a two-part thing, a Marina and possibly a restaurant. She is for it because she would rather not put out something and then pull it back, making them look unprofessional. August 11, 2021, BOC Regular Meeting Page 12 of 16 Mayor Hendricks said he was not satisfied with the feasibility study and asked if they had already fully paid Cardno. The City Manager will check on it. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Price motioned to agree to the agreement between the City of Madeira Beach and Trask Daigneault, LLP for assistance in drafting the RFP and related documents for the high and dry project. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Commissioner Andrews "NO" Mayor Hendricks "YES" The motion carried 4-1. 10. NEW BUSINESS A. Resolution 2021-11, FY 2021 Budget Amendment - A11drew Laflin, Financial Consultant RESOLUTION 2021-11 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, MARINA FUND, AND BUILDING 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. Due to circumstances not anticipated during the budgeting process, certain budgeted adjustments are needed within the Marina Fund, Building Fund, Recreation, and Legal Services within the General Fund. He explained the following: • Within the Marina Fund, fuel, propane, and store purchases were initially budgeted as expenditures within the FY 202 I operating budget. This amendment will revert these balances to contra-revenues and remove them from the operating expense budget. Also, a capital request for electrical improvements to the marina generator is included in the amendment for the Marina Fund. August 11, 2021, BOC Regular Meeting Page 13 of 16  • Within the Building Fund, a desire is to implement a customized permitting solution with online customer interface capabilities. Initially, this was budgeted for FY 2022, but management would like to start and complete the project in FY 2021. • Within the Legal Services Department in the General Fund, legal costs for the non-retainer portion of the City Attorney's fees and other legal services from other law firms pertaining to various matters have exceeded the amount originally budgeted. • Within the Recreation Department in the General Fund, there were unplanned expenditures within the Maintenance Grounds/Parks account due to Tropical Storm Eta (Shade structure replacement in park, fence repairs). Also, the amount initially budgeted for promotions and special events was determined before reopening clubs and activities that were temporarily stalled due to COVID-19. More available funding is required due to the reopening of these activities. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Andrews motioned to pass Resolution 2021-11. 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. 12. STAFF REPORT City Manager Robert Daniels gave an update on Red Tide and a storm they may be having the weekend. Public Works Director Megan Wepfer said they have I 0,000 bags for anyone who needs some. The City Manager said Frank DeSantis did a good job on his open house event. Mayor Hendricks said he would like to give a Key to the City to the Archibald family because they have done a lot for the City and gave them Archibald Park. The City Manager said he would get with him about doing something appropriate. 13. AGENDA SETTING - August 25, 2021, BOC Regular Workshop Meeting August I I, 2021, BOC Regular Meeting Page 14 of 16  A. Employee Emergency Compensation Policy - Robert Daniels, City Manager B. Pesticides and Fertilizers - Commissioner Andrews Mayor Hendricks said he would like to add City health insurance to Commissioners on the workshop meeting agenda to help encourage younger people to get involved with the City government and maybe one day run for commissioner. Vice Mayor Price said they could think of ideas on doing that, and health insurance could be one of them. Commissioner Andrews asked to move the pesticides and fertilizers on the back burner. The City Manager said he could forward the county ordinance to him ifhe would like a copy. Vice Mayor Price said their Madeira Beach U.S. Coast Guard Auxiliary Flotilla 11-3 are all volunteers and gets their income from doing the safe boating courses, which was on hold, and they could not do it for a long while. Now their air conditioner has broken. They cannot do classes because it is hot in the building. Madeira Beach built the building for them so they could have them on the property. There are only five coast guard auxiliaries located from Clearwater to Madeira Beach. They are an asset to Madeira Beach and need help getting a new air conditioner. If the place closes, the property reverts to the original owner. She would like to donate something to them and help them. Commissioner Andrews said they also have a seawall issue. Public Works Director Megan Wepfer said about three or four years ago, they asked the City for help, but the City could not do a seawall on private property. It has become such an issue that it may take down the seawall on the City's property and the seawall on the property next to them. The Mayor said they can donate some money but cannot put up a seawall. The Vice Mayor said they might need a little mold removal. The Mayor said they could put that on the workshop. The City Manager said Director Hatch would like to add retaining talent at the Rec Center and replacing the school bus to the workshop meeting agenda. 14. REPORTS/CORRESPONDENCE A. Board of Commissioners Vice Mayor Price gave a Library report. They chose the colors and are painting the Library inside and out. They are picking up on the colors that are in the logo and would like to have the Library logo on the front of the building. Mayor Hendricks said if Madeira Beach had not stepped up last year during the budget thing, all the improvements being done in the Library would not be happening. The mayors of all the towns involved other than Treasure Island would like the move made to go ahead and reduce the Board to five members. They are instructing their Library Board members to vote in favor of that. If the City's other Library Board member does not vote as instructed by the City of Madeira Beach, they will be replaced on the Library Board until it is dropped to five members. That needs to be passed to the other board members. The City Manager said he has a strategy and will be conveying that message next week. August 11, 2021, BOC Regular Meeting Page 15 of 16  A. City Attorney B. C ity Manager The City Manager announced the SK Beach Run at 5:00 p.m. on Friday down the beach. He said Breakfast with Bob would be on August 26 at the Waterfront Rea lty office. C. C ity Clerk The City Clerk said she would soon be preparing candidate packets for the Candidate Quali fy ing Peri od in December. She is preparing an advertisement to run twice in the newspaper in November and will include the elate of when the candidate packets will be ava ilable fo r pick up. 15. ADJOURNMENT Mayor Hendricks adjourned the meeting al 7:45 p.m. ATTEST: Clara VanBlargan, MMC, MSM , City -. .. . ,... -- .. August I I , 202 1, BOC Regular Meeting Page 16 of 16