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Board of Commissioners Regular Meeting

Regular Meeting

Madeira Beach, FL · October 13, 2021

AgendaPacketMinutes

Minutes

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 13, 2021 6:00 p.m. The City of Madeira Beach Board of Commissioners held a regular meeting at 6:00 p.m. on October 13, 2021, in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor Helen "Happy" Price, Vice Mayor/Commissioner District 1 Nancy Hodges, Commissioner District 2 Doug Andrews, Commissioner District 3 Dave Hutson, Commissioner District 4 CITY STAFF PRESENT: Robert Daniels, City Manager Clara VanBlargan, City Clerk Attorney Nancy Meyer, Trask Daigneault, LLP 1. CALL TO ORDER Mayor Hendricks called the meeting to order at 6:04 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Hodges gave the Invocation and led the Pledge of Allegiance. 3. ROLLCALL City Clerk Clara VanBlargan called the roll. 4. APPROVAL OF THE AGENDA The Mayor moved Agenda Item 10. C., Ratification of a Successor Collective Bargaining Agreement with IAFF Local 4966, between Public Comment and the Consent Agenda. Vice Mayor Price motioned to approve the Agenda with the change mentioned by the Mayor. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hodges "YES" October 13, 2021, BOC Regular Meeting Page 1 of 17 Commissioner Andrews "YES" Commissioner Hutson"YES" Mayor Hendricks "YES" The motion carried 5-0. 5. PROCLAMATIONS/PRESENTATIONS 5.1.PROCLAMATIONS - MAYOR/CITY CLERK A. Lights on Afterschool Proclamation - Holly McPhail, Communications; Florida Afterschool Network - Mayor John B. Hendricks City Manager Robert Daniels read a proclamation proclaiming October 28, 2021, as "Lights on Afterschool." B. Florida City Government Week; October 18-24, 2021 - Mayor John B. Hendricks City Clerk Clara VanBlargan read a proclamation proclaiming October 18-24, 2021, as "Florida City Government Week." 5.2. PRESENTATIONS (limited to 10 minutes each) A. Help Us Gather "Hug" Organization - Robin Lally, Co-President of the Forward Foundation and Founder of Help Us Gather; Jody Armstrong, Director of Outreach, Disability Achievement Center Mayor Hendricks introduced Jody Armstrong, Director of Outreach, Disability Achievement Center. He had known Jodi for many years, and she is a past mayor of Redington Shores, President of Treasure Island & Madeira Beach Chamber of Commerce, and among other things. Ms. Armstrong told about their organization and how they worked hard trying to get the funding needed to get mobi-mats for beach communities so everyone with disabilities and mobility issues can access the beaches. She said Robin Lally, the co-founder of the Forward Foundation, took on the project and has offered to pay for any mat that municipalities want to put down throughout Pinellas County. They will pay for the permitting fees. As of today, they will have 19 mats in Pinellas County and four in Pasco County. They are so thrilled that the City of Madeira Beach is finally getting a mobi-mat at Archibald Park. They have the measurements, the quotes, put in the application, and soon as the permits are approved, the Forward Foundation will draft a check to the City of Madeira Beach. Because Forward Foundation is a non-profit, they cannot write a check directly to the beach access mobi-mat company. The check gets written to the municipality, and the municipality writes a check to the mobi-mat company. The only thing asked of Madeira Beach is to put up a sign at Archibald Park about the mat, what it is for, and why it is important and include Forward Foundation, the funder, and Hug, their sub-organization, the active organization, and disability achievement center. Jodi introduced Michael Chaffin, who October 13, 2021, BOC Regular Meeting Page 2 of 17 commented and asked that the City fill out the paperwork when they get it so they can get the mats. Mayor Hendricks thanked Jodi and Northside Engineering for all the pro bono engineering work they have done on all the projects. He said the paperwork had already been prepared and set. B. Gulf Beaches Rotary to present a check to the City as Co-Sponsors for Annual Carnival Representatives of Gulf Beaches Rotary presented a check to the City as co-sponsors for their annual carnival. They presented a check to the City for $24,127.35. C. Presenting $10,000 to the Madeira Beach Coast Guard Flotilla Holiday Isle Marine Training and Rescue Group for building maintenance Mayor Hendricks and Vice Mayor Price presented a check for $10,000 to Madeira Beach Coast Guard Flotilla Holiday Ise Marine Training and Rescue Group for maintenance of the building. The Mayor said he would like to have it continued on an annual basis. They thanked the Commissioners for having the foresight and supporting them. He also thanked Commissioner Hutson for his generous support to them. 6. PUBLIC COMMENT Mayor Hendricks opened to public comment. There were no public comments. 10.C. Ratification of a Successor Collective Bargaining Agreement with IAFF Local 4966 - City Manager Robert Daniels This item was moved from under Contracts/Agreements to be the first item of discussion. City Manager Robert Daniels reviewed the item and said he did his best to keep the Commission informed of the progress. The negotiations went well with the Union, and hopefully, they feel the same way with the City. A representative of the Fire Department thanked the City and those he works for at the Fire Department. Vice Mayor Price motioned to approve the Collective Bargaining Agreement between the City of Madeira Beach and the Pinellas County Professional Firefighters IAFF Local 4966. Commissioner Hutson seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" October 13, 2021, BOC Regular Meeting Page 3 of 17 The motion carried 5-0. City Manager Robert Daniels presented City Clerk Clara VanBlargan a Certificate of Completion for attending the FACC "New Council & Candidate Orientations" training and the "Supervision in Government" training. 7. CONSENT AGENDA A. Approval of Minutes: • 2021-06-30, BOC Regular Workshop Meeting Minutes • 2021-07-21, BOC Budget Workshop Meeting Minutes • 2021-08-18, BOC Budget Workshop Meeting Minutes • 2021-09-07, BOC Special Meeting Minutes • 2021-09-08, BOC Special Meeting Minutes • 2021-09-14, BOC Special Meeting Minutes • 2021-09-22, BOC Town Hall Meeting Minutes • 2021-09-22, BOC Special Meeting Minutes • 2021-10-04, BOC Special Meeting Minutes B. Electrical Contract First Term Amendment -Public Works Director Megan Wepfer Commissioner Andrews motioned to approve the Consent Agenda. 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. 8. PUBLIC HEARINGS A. Ordinance No. 2021-16, Amendment to the City of Madeira Beach Code of Ordinances - Chapter 14, Florida Building Code Floodplain References - 2nd Reading & Public Hearing - Linda Portal, Community Development Director Attorney Nancy Meyer read Ordinance No. 2021-16 by title only: ORDINANCE NO. 2021-16 October 13, 2021, BOC Regular Meeting Page 4 of 17 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 14 BUILDINGS AND BUILDING REGULATIONS, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO PROVIDE CONSISTENCY WITH AND SUPPORT OF THE ADOPTED PROVISIONS OF CHAPTER 94 - FLOODPLAIN MANAGEMENT OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal reviewed the item and explained the purpose of the proposed. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hutson motioned to approve Ordinance No. 2021-16. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Hutson "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Vice Mayor Price "YES" Mayor Hendricks "YES" The motion carried 5-0. B. Ordinance No. 2021-22, Amending City of Madeira Beach Code of Ordinances, Section 82-2, Amending the definition of Building, contiguous, tourist as defined in dwelling unit, employee, height, and nonconforming structure or use - 1st Reading & Public Hearing - Linda Portal, Community Development Director Attorney Nancy Meyer read Ordinance No. 2021-22 by title only: ORDINANCENO. 2021-22 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE DEFINITION OF BUILDING, CONTIGUOUS, TOURIST AS DEFINED UNDER THE DEFINITION OF DWELLING UNIT, EMPLOYEE, HEIGHT, AND NONCONFORMING STRUCTURE OR USE IN SECTION 82-2 - DEFINITIONS OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; AND PROVIDING FOR AN EFFECTIVE DATE. October 13, 2021, BOC Regular Meeting Page 5 of 17 Community Development Director Linda Portal reviewed the item. The proposed amendments update the definition section in the code to reflect proposed changes in the code, current use of definitions, and consistency with Pinellas County. Vice Mayor Price asked if condo hotels exist in Madeira Beach. Director Portal explained that the condos started functioning as hotels and gradually recognized as tourist accommodations instead of condos over time. They have the proposal for building potentially more condo-type hotels. The people coming in now want to build tourist accommodations, but they cannot because they cannot use more than 850 square feet. The code will not allow them to approve the suite type situation or to use condo hotel configuration with both the bedrooms separated out. They are below the square foot requirement. When referring to condos, they are talking about residences, not tourist accommodations. A condo hotel is just a definition of ownership. Somebody may own a hotel room or a hotel suite and then rent it out on their behalf by a management company. Hotels are being built, and they are financing them by having a separate person to own each room . The rest of the time it functions as a standard hotel. The real issue is just the size. They do not usually prevent that kind of ownership, but the size is restricted. Director Portal said they had to specify that the height of a building also includes the freeboard because gradually, they will be scrunching down their potential second floors. Vice Mayor Price said it looks as though they are changing the definition to be worse than it was. Director Portal noted that is a roadway classification. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Andrews motioned to approve Ordinance No. 2021-22. 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. C. Ordinance No. 2021-23, proposed amendments to, City of Madeira Beach Code of Ordinances, Section 82-2 Definitions, Section 110-182 Maximum Building Height (R-1), Section 110-207 (R-2), Section 110-232 Maximum Building Height (R-3), Section 110-262 Maximum Building Height (C-1), Section 110-292 Maximum Building Height (C-2), Section 110-322 Maximum Building Height (C-3), and Section 110-352 Maximum Building Height (C-4) - 1st Reading & Public Hearing - Linda Portal, Community Development Director October 13, 2021, BOC Regular Meeting Page 6 of 17 Attorney Nancy Meyer read Ordinance No. 2021-23 by title only: ORDINANCE NO. 2021-23 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, SECTION 110-182 MAXIMUM BUILDING HEIGHT, SECTION 110-207 MAXIMUM BUILDING HEIGHT, SECTION 110-232 MAXIMUM BUILDING HEIGHT, SECTION 110-262 MAXIMUM BUILDING HEIGHT, SECTION 110-292 MAXIMUM BUILDING HEIGHT, SECTION 110-322 MAXIMUM BUILDING HEIGHT, SECTION 110-352 MAXIMUM BUILDING HEIGHT, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO PROVIDE CONSISTENCY WITH AND SUPPORT OF THE ADOPTED PROVISIONS OF CHAPTER 94 - FLOODPLAIN MANAGEMENT OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal reviewed the item. She said they are dealing with the maximum building heights because they have been raising freeboard but have not raised the total height of a building over the years. They have been making the bottom floor taller, but without moving the roof up they have been compressing what would have been the second floor to the point where sometimes you cannot get one in. That is not the intent of the changes. The intent is to keep the bottom floor up out of the water, and so they are suggesting that all their definitions be amended to include the base flood elevation plus whatever the freeboard is adopted at that time. There is a recommended change for maximum building height dealing with the C-2, John's Pass Marina commercial district because they discovered that it currently only allows single-story buildings. Every building there has a second story. The code makes the entire street non-conforming, which is not the intent of the City. They want to clean that up for the moment. Mayor Hendricks said he discussed with Director Portal that day that he wanted to make sure it does not lock them into that 44 foot height because on commercial buildings, hotels, condos, and whatnot they have got to look at the height of a parking garage potentially under a lot of the units so they want to be sure they are not taking away the height of the building strictly with the parking garage to where they are locked into a certain height on that. As he understands, if it comes to that, it will be handled as a PD. Director Portal said they would have to do a PD to get past that. They would look at the comprehensive plan and the land development regulations that support it. They would come back to the Commission with language providing for options either with a PD or a special exception or something deemed appropriate to add height if necessary. Right now, they have always done that by PD. Building heights are low enough that it is the reason almost every commercial project that comes is treated as a PD because of the building issue. When the heights were first established, people parked next to the building and over the years, those now have the parking under the building because of FEMA requirements. If you are taking up two floors, there is nothing left to build on top within a 44 foot and pitched roof. They will have to come back on that, but they wanted to make sure they were not making it impossible October 13, 2021, BOC Regular Meeting Page 7 of 17 to get a second story at least or on top of a building because of the change in the freeboard. Mayor Hendricks asked if it would help cut down on the number of PD requests they are getting. Director Portal said it would be better for them to have more of a performance standard so they would not have to do every single commercial building as a PD. Vice Mayor Price said she is glad they are cleaning it up and making it easier to conform. She asked why not uniform how they measure the height of a building. Director Portal said in some places in the code, it specifies that the maximum height will be up to the eave. The ordinance prevents people from building overly exuberant roofs or extra things on top of the building. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Price motioned to approve Ordinance No. 2021-23 as presented by Linda Portal. 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. D. Ordinance No. 2021-24, Prescribing the Manner of holding the March 15, 2022, Municipal Election, providing for the polling places, and providing for a referendum for the sale of real property owned by the City - 1st Reading & Public Hearing - City Clerk/Election Official Clara VanBlargan Attorney Nancy Meyer read Ordinance No. 2021-24 by title only: ORDINANCE NO. 2021-24 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, CALLING FOR A MUNICIPAL ELECTION ON MARCH 15, 2022, FOR THE PURPOSE OF ELECTING A COMMISSIONER FOR DISTRICT ONE (1) AND A COMMISSIONER FOR DISTRICT TWO (2); PROVIDING FOR A REFERENDUM FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY; PROVIDING FOR PUBLICATION; AUTHORIZING ELECTION EXPENDITURES; IDENTIFYING THE PINELLAS COUNTY CANVASSING BOARD AS THE CANVASSING BOARD FOR THE MARCH 15, 2021 MUNICIPAL ELECTION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF October 13, 2021, BOC Regular Meeting Page 8 of 17 ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Clara VanBlargan read her staff memo into the record describing the manner of holding the election, providing the polling locations, providing for the candidate qualifying period, and providing for a referendum for the sale of real property owned by the City. Mayor Hendricks said he understood that Attorney Trask would get back with them on whether everything was finalized on it. Attorney Meyer said Attorney Trask said if the Commission agrees with everything else in the ordinance to approve it, anticipating that the property will be the City's property by that time. The defendant in the case has filed an appeal, and they have until the end of November to file their brief. If it is still in litigation by chance and something changes, it can be pulled before the election. If everything goes smoothly and the property belongs to the City, then it can go on as a referendum. If you decide to wait, it will have to wait until next year, and then the property will be in the City's inventory, which is not the intent. Mayor Hendricks said Vice Mayor Price did some work on the referendum question and came up with some options to add to the question. They have three pocket parks near that vacant lot, so it makes no sense to hang onto the property, not when it can start generating tax revenue for them. Vice Mayor Price said instead of costing them money to insure the property and make sure no one injures themselves on the lot. They would be better off selling it and letting someone put in a new home. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Andrews motioned to approve Ordinance No. 2021-24. 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. E. A request by DK Mad Beach, LLC, on behalf of The Brass Captain for Alcoholic Beverage Use ABP 2021-07, for a 4COP alcoholic beverage license with stated intent to sell Beer, Wine, and Liquor; sale by the drink for consumption on premises and package sales in sealed containers at The Brass Captain located at 15045 Madeira Way, Madeira Beach, Fl 33708 - Linda Portal, Community Development Director Attorney Nancy Meyer stated the procedures for the quasi-judicial hearing and administered the Oath to those wishing to speak. October 13, 2021, BOC Regular Meeting Page 9 of 17 Director Portal included the staff report in the record. She reviewed the factors and the staff analysis for each and said the decision must be made on the recommended findings and conditions. Staff recommends approval. Vice Mayor Price asked about the package sales and asked if that was a request from them. Director Portal explained that is a complete definition under the state license. The Commission can always specify that is not the intent. The applicant had no statement. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Price motioned to allow The Brass Captain to expand their alcoholic beverage license into the nearby restaurant area or expand their footprint since it is approved by staff under the condition that they remove the port-a-potty on the premises. 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. 9. UNFINISHED BUSINESS A. Amendment to the Gulf Beaches Library Interlocal Agreement - Vice Mayor Price Mayor Price said she had been in discussions with the other mayors regarding the interlocal agreement. Treasure Island made some changes that were relatively insignificant, but it seemed to make Treasure Island happy. Vice Mayor Price said she read through and compared the two. She agrees with everything they have added and thinks they even cleaned it up a little bit. There was one area on p. 136 of 183, agenda packet, that caused a little concern. The City of Madeira Beach agreement, four towns initially agreed on, Section 5.1 c) states, "The Library adopt a policy directing reserves shall not exceed $100,000." In that same section, City of Treasure Island agreement states, "The Library adopt a policy directing undesigned fund balance reserves shall not exceed ten (10) percent of its total undesignated fund balance." In the Library budget, there is nothing called designated or undesignated. Even if you took every bit of money they had and took 10%, that is $100,000. She does not think they would be remiss to go ahead and approve it even though it is a crazy clause. They should adopt the Treasure Island version. The Mayor said they needed to vote on it. October 13, 2021, BOC Regular Meeting Page 10 of 17 Mayor Hendricks opened to public comment. There were no public comments. Commissioner Andrews motioned to approve the interlocal agreement for the continuing funding of the Gulf Beaches Public Library. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 10. CONTRACTS/AGREEMENTS A. Consultant Agreement with Aclarian LLC (Contractor) who shall appoint the president of the Company, Andrew Laflin to perform the duties of a Finance Director and City Treasurer for the City of Madeira Beach - City Manager Robert Daniels; Financial Consultant Andrew Laflin City Manager Robert Daniels said the Commission seems to be satisfied with the services provided by Andrew and Aclarian LLC. Financial Consultant Andrew Laflin said the City paid $7,000 a month last year. This year it is $7,200 per month, which is about a 2% increase. Vice Mayor Price asked if everything was the same in the agreement. Mr. Laflin said everything is pretty much the same. They looked at it a little closer based on the duties and added a couple of things, but overall, the terms and conditions are identical. Vice Mayor Price said she was fine with the 2% increase. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Andrews motioned to approve the consultant agreement with Aclarian LLC. Vice Mayor Price seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" October 13, 2021, BOC Regular Meeting Page 11 of 17 Mayor Hendricks "YES" The motion carried 5-0. B. Interlocal Agreement with Pinellas County for Annual Regulatory Program and Surveillance Fee - Public Works Director Megan Wepfer Director Wepfer explained the item. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve the Interlocal Agreement with Pinellas County for the annual regulatory program and surveillance fee. Commissioner Hutson seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 5-0. C. Ratification of a Successor Collective Bargaining Agreement with IAFF Local 4966 (agreement to be provided before meeting) - City Manager Robert Daniels This item was discussed as the first order of business and was approved. D. Three Year Amendment to existing agreement with Snack Shack - City Manager Robert Daniels City Manager Robert Daniels reviewed the item. The agreement allowed them to request a two- year extension. In the negotiations, considering what happened with COVID and the fact they were closed for some time, they asked for a three-year extension. Mr. Trask was consulted about it, and he said it was up to the Commission. Per the original agreement, they made utility payments, but there were no water meters to count the usage of the water, so through the negotiations, they were able to come up with an agreement where the concessionaire will supply a meter and the plumbing. He is all set to go with the permits. Mr. Trask included in the agreement a 3% increase for each of the three years. They also provide services for the bathrooms, so that was increased. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hutson motioned to approve the three-year amendment to the existing agreement with Snack Shack. Commissioner Hodges seconded the motion. October 13, 2021, BOC Regular Meeting Page 12 of 17 ROLL CALL: Commissioner Hutson "YES" Commissioner Hodges "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. 11. NEW BUSINESS A. Resolution No. 2021-12, Ballot Language for the March 15, 2022, Municipal Election - Sale of Vacant Lot at 13222 3 rd Street E, Madeira Beach FL 33708 - City Attorney Tom Trask Attorney Nancy Meyer read Ordinance No. 2021-24 by title only: RESOLUTION NO. 2021-12 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA, CALLING FOR A REFERENDUM ELECTION TO BE HELD IN CONJUNCTION WITH ITS MUNICIPAL ELECTION ON MARCH 15, 2022; ESTABLISHING THE WORDING OF THE SUBSTANCE OF THE REFERENDUM QUESTION AND BALLOT TITLE FOR THE SALE OF REAL PROPERTY LOCATED AT 13222 3RD STREET E. IN MADEIRA BEACH, FLORIDA; PROVIDING FOR SAID ELECTION; SUBMITTING SAID REFERENDUM QUESTION TO THE VOTERS; PROVIDING FOR NOTICE TO THE SUPERVISOR OF ELECTIONS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Vice Mayor Price distributed to the Commission options she came up with to modify the referendum question. She would rather explain the reason for the referendum question so people would understand its reasoning and want to vote on it. Mayor Hendricks said they need to give as much information as possible because people will not drive by it and look. Referendum question in Resolution No. 2021-12: City of Madeira Beach No. 1 Referendum Question Authorize the sale of the real property located at 13222 3 rd Street E. The City proposes to sell the real property consisting of a vacant residential lot located October 13, 2021, BOC Regular Meeting Page 13 of 17 at 13222 3rd Street E. for an amount equal to or in excess of its fair market value. Shall this sale be approved? YES NO Vice Mayor Price reviewed the three options, shown on the handout she distributed to the Commission, providing a reason for the referendum question: 1. This is proposed to recoup accumulated fines and maintenance costs and avoid future insurance premiums required to prevent liability for the City. 2. Avoid becoming a landlord? To encourage new home growth/ development? To increase tax base by use of lot for new single family residence? (Zoned R-2?) The City has no justifiable use for owning this lot? 3. To recoup accumulated fines and maintenance costs and avoid future insurance premiums, the City proposes to sell the real property consisting of a vacant residential lot located at 13222 3rd Street E. for an amount equal to or in excess of its fair market value. The Board discussed the options and chose Option 1 to add to the referendum question: City of Madeira Beach No. 1 Referendum Question Authorize the sale of the real property located at 13222 3 rd Street E. The City proposes to sell the real property consisting of a vacant residential lot located at 13222 3rd Street E. for an amount equal to or in excess of its fair market value. This is proposed to recoup accumulated fines and maintenance costs and avoid future insurance premiums required to prevent liability for the City. Shall this sale be approved? YES NO Commissioner Andrews motioned to choose Option 1 for the referendum question to authorize the sale of the real property located at 13222 3rd Street E. Vice Mayor Price seconded the motion. ROLL CALL: October 13, 2021, BOC Regular Meeting Page 14 of 17 Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. Vice Mayor Price motioned to approve Resolution No. 2021-12. 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. 12. STAFF REPORT City Manager Robert Daniels said he met with the Fire Chief. They have in their budget to purchase a fire rescue boat. Instead of buying the new jet skis originally requested, they will be buying a boat that will be a bit more sufficient for providing the services to the residents. The budget amount was $65,000. The problem is finding a boat. The Chief got three quotes and found a place that has the boat. It is only $60,000. With the procurement process, unless the Board decides to waive that, they would have to go out for an RFP because it is over $30,000. Fire Chief Belk said the boat is located in Connecticut. It is the only boat he could find that is within their budget. He did a zoom meeting with them, and the three quotes are for more than what is budgeted. There is only one boat in stock. If they wait too long, it may be gone. He suggested doing it as a sole source option to allow him to purchase the boat. He received three informal bids but did not do a formal RFP. Mayor Hendricks said if they do not have a good answer right now, he would rather have a special meeting to ensure they do it properly. Commissioner Andrews said they bypassed an RFP in the past and did not see an issue with it, but he does not want to speak for the attorneys. The attorney asked for a recess so she could contact the City Attorney about it. The Mayor recessed the meeting at 7:39 p.m. and reconvened the meeting at 7:45 p.m. October 13, 2021, BOC Regular Meeting Page 15 of 17 The City Manager said the best solution is to make an emergency purchase and have the Board to ratify it at a special meeting. He has it within his power to do that. Recreation Director Jay Hatch said the lights on ballfields started today. 13. AGENDA SETTING - October 27, 2021, BOC Regular Workshop Meeting Items added to the workshop agenda: A. Discussion on employee parking in John's Pass Village - Board of Commissioners B. Discussion on Charter Amendments for the March election - City Clerk Clara VanBlargan C. Possible increase in Commission salary and health insurance for Commissioners - City Clerk Clara VanBlargan D. Board Appointments for Planning Commission and the Civil Service Commission - City Clerk Clara VanBlargan E. Parking rate increases - Board of Commissioners F. Chairs on the beach - come up with a plan for someone wanting to put a bar on the beach or be able to serve alcohol on the beach - Commissioner Andrews The Board removed Agenda Item A, discussion on employee parking in John's Pass Village. Vice Mayor Price said she needed an alternate for the Library Board to serve in her absence if she were unable to attend a meeting. She does not anticipate her alternate to show up at the meeting while she is there. Commissioner Hutson volunteered to serve as the alternate. The Board scheduled a special meeting on October 21, 2021, at 2 :00 p.m. to select the city manager candidates to be interviewed. 14. REPORTS/CORRESPONDENCE A. Board of Commissioners A. City Attorney B. City Manager C. City Clerk The City Clerk reported that her new Executive Administrative Assistant, Lara Hooley, will be starting on October 27, 2021, and she will be attending the workshop meeting that night to meet everyone. 15. ADJOURNMENT Mayor Hendricks adjourned the meeting at 7:39 p.m. October 13, 2021, BOC Regular Meeting Page 16 of 17 October 13, 2021, BOC Regular Meeting Page 17 of17

Agenda

City of Madeira Beach Agenda BOC Regular Meeting Wednesday, October 13, 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 A. Lights on Afterschool Proclamation - Holly McPhail, 5 Communications; Florida Afterschool Network - Mayor John B. Hendricks Proclamation - Lights on Afterschool; October 28 2021 B. Florida City Government Week; October 18-24, 2021 - Mayor John 6 B. Hendricks Proclamation - Florida City Government Week 5.2. PRESENTATIONS (limited to 10 minutes each) A. Help Us Gather "Hug" Organization - Robin Lally, Co-President of the Forward Foundation and Founder of Help Us Gather; Jody Armstrong, Director of Outreach, Disability Achievement Center B. Gulf Beaches Rotary to present a check to the City as Co-Sponsors for Annual Carnival C. Presenting $10,000 to the Madeira Beach Coast Guard Flotilla Holiday Isle Marine Training and Rescue Group for building maintenance 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. 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: 7 - 39 2021-06-30, BOC Regular Workshop Meeting Minutes 2021-07-21, BOC Budget Workshop Meeting Minutes 2021-08-18, BOC Budget Workshop Meeting Minutes 2021-09-07, BOC Special Meeting Minutes 2021-09-08, BOC Special Meeting Minutes 2021-09-14, BOC Special Meeting Minutes 2021-09-22, BOC Town Hall Meeting Minutes 2021-09-22, BOC Special Meeting Minutes 2021-10-04, BOC Special Meeting Minutes B. Electrical Contract First Term Amendment - Public Works Director Megan 40 - 60 Wepfer Memo - 2021 Term extension for Electrical services memo 2021 first term extension Contract signed by USA Voltage 2018 USA Voltage LLC Contract COIs for COMB 9.28l.21 Updated License exp 9.30.22 Exhibits A and B COMB Agrmt eff 11.2.21 8. PUBLIC HEARINGS A. Ordinance No. 2021-16, Amendment to the City of Madeira Beach Code of 61 - 70 Ordinances - Chapter 14, Florida Building Code Floodplain References - 2nd Reading & Public Hearing - Linda Portal, Community Development Director Memo_Ordinance 2021-16 FBC Ordinance 2021-16 Chapter 14_FINAL 21.9.1 B. Ordinance No. 2021-22, Amending City of Madeira Beach Code of 71 - 77 Ordinances, Section 82-2, Amending the definition of Building, contiguous, tourist as defined in dwelling unit, employee, height, and nonconforming structure or use - 1st Reading & Public Hearing - Linda Portal, Community Development Director Memo_Ordinance 2021-22 Definitions Ordinance 2021-22 Definitions C. Ordinance 2021-23, proposed amendments to, City of Madeira Beach Code 78 - 82 of Ordinances, Section 82-2 Definitions, Section 110-182 Maximum Building Height (R-1), Section 110-207 (R-2), Section 110-232 Maximum Building Height (R-3), Section 110-262 Maximum Building Height (C-1), Section 110-292 Maximum Building Height (C-2), Section 110-322 Maximum Building Height (C-3), and Section 110-352 Maximum Building Height (C-4) - 1st Reading & Public Hearing - Linda Portal, Community Development Director Memo_Ordinance 2021-23 Height Measurements Ordinance 2021-23 Height Measurements D. Ordinance No. 2021-24, Prescribing the Manner of holding the March 15, 83 - 88 2022 Municipal Election, providing for the polling places, and providing for a referendum for the sale of real property owned by the City - 1st Reading & Public Hearing - City Clerk/Election Official Clara VanBlargan Memo-Election Procedures Ord 2021-24 Calling for March 2022 Municipal Election... 2022 Municipal Election Cost Estimate (RV 2-21) E. A request by DK Mad Beach, LLC, on behalf of The Brass Captain for 89 - 133 Alcoholic Beverage Use ABP 2021-07, for a 4COP alcoholic beverage license with stated intent to sell Beer, Wine, and Liquor; sale by the drink for consumption on premises and package sales in sealed containers at The Brass Captain located at 15045 Madeira Way, Madeira Beach, Fl 33708 - Linda Portal, Community Development Director ABP 2021-07 Brass Captain Memorandum ABP 2021-07 The Brass Captain Application Packet 9. UNFINISHED BUSINESS A. Amendment to the Gulf Beaches Library Interlocal Agreement - Vice 134 - 138 Mayor Price New Interlocal Agreement 10. CONTRACTS/AGREEMENTS A. Consultant Agreement with Aclarian LLC (Contractor) who shall appoint 139 - 144 the president of the Company, Andrew Laflin to perform the duties of a Finance Director and City Treasurer for the City of Madeira Beach - City Manager Robert Daniels; Financial Consultant Andrew Laflin Consultant Agreement - Finance Services FY 2022 B. Interlocal Agreement with Pinellas County for Annual Regulatory 145 - 182 Program and Surveillance Fee - Public Works Director Megan Wepfer Memo - Pinellas County ILA for Annual Regulatory Program and Surveillance fee 2021 SF_ILA_Muni_Final Unsigned_AATF_2021_09-27 C. Ratification of a Successor Collective Bargaining Agreement with IAFF Local 4966 (agreement to be provided before meeting) - City Manager Robert Daniels D. Three Year Amendment to existing agreement with Snack Shack - City 183 - 184 Manager Robert Daniels Snack Shack memo 11. NEW BUSINESS A. Resolution 2021-12, Ballot Language for the March 15, 2022, Municipal 185 - 186 Election - Sale of Vacant Lot at 13222 3rd Street E, Madeira Beach FL 33708 - City Attorney Thomas Trask Res 2021-12 (Ballot Language -Sale of Vacant Lot at 13222 3rd Street E.) - Rev. 10-5-21 12. STAFF REPORTS 13. AGENDA SETTING October 27, 2021, BOC Regular Workshop Meeting A. Discussion on employee parking in John's Pass Village - Board of Commissioners 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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