Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING MARCH 9, 2022 6:00 p.m. The City of Madeira Beach Board of Commissioners held a regular meeting at 6:00 p.m. on March 9, 2022, 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 MEMBERS ABSENT: CITY STAFF PRESENT: Robin Gomez, City Manager Clara VanBlargan, City Clerk Lara Hooley, Executive Assistant to City Clerk Tom 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 Attorney Tom Trask gave the Invocation and led the Pledge of Allegiance. 3. ROLLCALL City Clerk Clara VanBlargan called the roll. 4. APPROVAL OF THE AGENDA Commissioner Andrews requested to move Consent Agenda Item C, Purchase of Electric Vehicles and Charging Vehicles, to Unfinished Business. Vice Mayor Price asked to move Consent Agenda Item B, Surplus 2004 John Deere 6x4, to Unfinished Business. Commissioner Andrews motioned to approve the Agenda with the changes of moving both Consent Agenda Items B and C to Unfinished Business. Vice Mayor Price seconded the motion. March 9, 2022, BOC Regular Meeting Page 1 of 12  ROLL CALL: Commissioner Andrews "YES" Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 5. PROCLAMATIONS/PRESENTATIONS 5.1.PROCLAMATIONS - MAYOR/CITY CLERK There were no proclamations. 6.2. PRESENTATIONS (limited to 10 minutes each) A. Appreciation Plaque - Nancy L. Hodges Mayor Hendricks presented Nancy Hodges with an Appreciation Plaque thanking her for the ten years of service to the City as Commissioner District 2. B. Frontier FiberOptic - Bringing Fiber to More Homes - Frontier A representative of Frontier presented on their residential Fiber to the Home project currently taking place in the City and responded to questions and comments from the Board. 6. PUBLIC COMMENT Mayor Hendricks changed seats with Commissioner Hodges and let her run the meeting since it was her last night as a City of Madeira Beach Commissioner. Commissioner Hodges opened to public comment. There were no public comments. 7. CONSENT AGENDA A. Approval of Minutes • 2022-02-09, BOC Regular Meeting Minutes • 2021-02-23, BOC Regular Workshop Meeting Minutes B. Surplus - 2004 John Deere Gator 6x4 - Recreation Department March 9, 2022, BOC Regular Meeting Page 2 of 12  C. Purchase of Electric Vehicles and Charging Vehicles - Building Department Commissioner Andrews motioned to approve the Consent Agenda, excluding Items B and C. Mayor Hendricks seconded the motion. ROLL CALL: Commissioner Andrews "YES" Mayor Hendricks "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Vice Mayor Price "YES" The motion carried 5-0. 8. PUBLIC HEARINGS A. Ordinance 2022-04, Speed Limit Designation on S Bayshore Dr. between 140th Avenue E and Island Drive - Second Reading & Public Hearing - City Manager City Attorney Tom Trask Read Ordinance 2022-04 by title only: ORDINANCE 2022-04 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING SECTION 66-34 TO INCLUDE SPEED LIMIT DESIGNATION FORS. BAYSHORE DRIVE BETWEEN 140TH AVENUE EAST AND ISLAND DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. There were no comments by the Board. Commissioner Hodges opened to public comment. There were no public comments. Commissioner Andrews motioned to approve Ordinance 2022-04, after second reading and public hearing. Mayor Hendricks seconded the motion. ROLL CALL: Commissioner Andrews "YES" Mayor Hendricks "YES" Vice Mayor Price "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" March 9, 2022, BOC Regular Meeting Page 3 of 12  The motion carried 5-0. B. Ordinance 2022-05, Proposed amendment to City of Madeira Beach Code of Ordinances, Chapter 110 Zoning, Article VI. - Supplementary District Regulations, Division 3.- Landscape Fences, Gates, Hedges, and Walls, Section 110-446 Applicability of Division -First Reading & Public Hearing-Community Development Department City Attorney Tom Trask read Ordinance 2022-05 by title only: ORDINANCE 2022-05 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING SECTION 110-446 - APPLICABILITY OF DIVISION OF THE CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH TO ADD A DEFINITION OF THE TERM POST AND ADD DIMENSIONS FOR HORIZONTAL MEMBERS IN OPEN FENCES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal explained the item and its purpose. She said the current code requires only a one-and-a-half-inch horizontal structure for fences, open fences, and picket fence types. Fence contractors have said that is not enough to provide stability, especially in waterfront lots where they are subjected to a lot of wind and salt. The proposed ordinance gives greater stability. They also addressed fence posts because usually, a post is a little higher than the fence portion itself. The amendment states the allowable post size for residential and commercial type fences to provide stability. The Planning Commission and the Staff recommend approval of ordinance 2022-05 as amended. Vice Mayor Price thanked the Staff for their help cleaning up the code and making it more workable for people to put up a fence. Commissioner Hodges opened to public comment. There were no public comments. Vice Mayor Price motioned to approve Ordinance 2022-05, after first reading and public hearing. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" March 9, 2022, BOC Regular Meeting Page 4 of 12  The motion carried 5-0. C. Ordinance 2022-06, Proposed amendment to City of Madeira Beach Code of Ordinances, Chapter 110 Zoning, Section 110-261 Setback Requirements (C-1, Tourist Commercial), Section 110-291 Setback Requirements (C-2, John's Pass Marine Commercial), Section 110-321 Setback Requirements (C-3, Retail Commercial), and 110-351 Building Setback Requirements (C-4, Marine Commercial) - First Reading & Public Hearing - Community Development Department City Attorney Tom Trask read Ordinance 2022-06 by title only: ORDINANCE 2022-06 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, SECTION 110-261 SETBACK REQUIREMENTS FOR C-1 TOURIST COMMERCIAL DISTRICT, SECTION 110-321 SETBACK REQUIREMENTS FOR C-3 RETAIL COMMERCIAL DISTRICT, SECTION 110-351 SETBACK REQUIREMENTS FOR C-4 MARINE COMMERCIAL DISTRICT, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Senior Planner Jenny Rowan discussed three proposed setbacks in three commercial districts, C-1 tourist commercial, C-3 retail commercial, and C-4 marine commercial, explained in the staff memo: C-1 Tourist Commercial: The C-1 tourist commercial district is the core of John's Pass Village. Many of the buildings create a Main Street quality focusing on pedestrian activity. Most Main Streets have no setbacks along the front and side yards to encourage pedestrian activity. Many existing buildings within John's Pass Village were built with shared walls and limited or no side setbacks. Staff proposes reducing the rear yard setback from 25 feet to 20 feet. This reduction provides enough space for an 18-foot parking stall. It is also proposed to eliminate side yard setbacks to create a more pedestrian-friendly Main Street quality. The current setbacks could create dark, narrow areas between multistory commercial buildings that could be a safety concern and reduce the pedestrian-friendly nature of this district. C-3 Retail Commercial: The C-3 retail commercial district encompasses most properties along the east side of Gulf Boulevard. This area has both high vehicle and pedestrian activity. Primary uses in this district are retail commercial, multifamily, and temporary lodging. Reducing the front yard setback to 15 feet provides a more pedestrian-friendly atmosphere along Gulf Boulevard while providing adequate March 9, 2022, BOC Regular Meeting Page 5 of 12 space between buildings and sidewalks in the right-of-way for landscaping and signage. For lots wider than 80 feet, multifamily and tourist dwellings are required to use 33% of the property width for side setbacks. Staff recommends reducing the side yard setback to ten feet for multifamily and tourist dwellings, with no change proposed to the additional five feet required when abutting residential uses. C-4 Marine Commercial: Th C-4 marine commercial district includes an area on the east side of 150th Avenue, south of Welch Causeway, and two areas along the east side of Gulf Boulevard. The proposed changes to the side setbacks in the C-4 are identical to those in the C-3, except for the addition of five feet of landscaping abutting residential uses. Ms. Rowan responded to questions and comments by the Board. Commissioner Hodges opened to public comment. There were no public comments. Mayor Hendricks motioned to approve Ordinance 2022-06, after first reading and public hearing. Vice Mayor Price seconded the motion. ROLL CALL: Mayor Hendricks "YES" Vice Mayor Price "YES" Commissioner Hodges "YES" Commissioner Andrews "YES" Commissioner Hutson "NO" The motion carried 4-1. D. Ordinance 2022-07, Comprehensive Improvement Plan (CIP) - First Reading & Public Hearing - Community Development Department City Attorney Tom Trask read Ordinance 2022-07 by title only: ORDINANCE 2022-07 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF MADEIRA BEACH TO UPDATE THE CAPITAL IMPROVEMENT PROGRAM (CIP) SCHEDULE OF CAPITAL IMPROVEMENTS FOR FISCAL YEARS 2021 THROUGH 2025; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal explained that each fiscal year, the City is required March 9, 2022, BOC Regular Meeting Page 6 of 12 by Florida Statutes and its comprehensive policy plan to amend its 5-year Capital Improvement Plan and update the Capital Improvement Element of the Comprehensive Plan. The ordinance updates the Capital Improvement Element of the Madeira Beach Comprehensive Plan. The portions of the CIP to be reviewed are facility improvements of$100,000 or more that affect levels of service standards adopted in the Comprehensive Plan. Director Portal and Public Works Director Megan Wepfer responded to questions and comments by the Board. Commissioner Hodges opened to public comment. There were no public comments. Commissioner Andrews motioned to approve Ordinance 2022-07, after first reading and public hearing. Mayor Hendricks seconded the motion. ROLL CALL: Commissioner Andrews "YES" Mayor Hendricks "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Commissioner Hodges "YES" The motion carried 5-0. 9. UNFINISHED BUSINESS A. Resolution 2022-04, FOOT State Funded Grant Agreement - Public Works Department City Attorney Tom Trask read Resolution 2022-04 by title only: RESOLUTION 2022-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MADEIRA BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO A STATE-FUNDED GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE PURPOSE OF CONSTRUCTION SERVICES FOR THE MADEIRA BEACH ROADWAY IMPROVEMENTS PROJECT; FINDING THAT A PUBLIC PURPOSE WILL BE SERVED BY ENTERING INTO SUCH AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE STATE-FUNDED GRANT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. March 9, 2022, BOC Regular Meeting Page 7 of 12 Public Works Director Megan Wepfer said the resolution was in addition to the agreement that was accepted. She accidentally missed the resolution. It is needed to execute that grant for Area 3, which is Marguerite, East Parsley, West Parsley. Director Wepfer responded to questions and comments by the Board. She said there is $2 million for this area, and then there is an additional $2 million in the Fiscal Year 2023 for Area 3. The City Manager explained that the numbers were estimates. They are working on getting actual costs and with getting the grants from the Florida Department of Transportation. The goal is to get them completed in the same year, but that does not happen. They will make the adjustments each year with more accurate costs. Financial Consultant Andrew Laflin said the estimates have changed since the budgeting process in 2020 and 2021. Commissioner Hodges opened to public comment. There were no public comments. Vice Mayor Price motioned to approve Resolution 2022-04. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. B. Surplus - 2004 John Deere Gator 6x4 - Recreation Department Recreation Director Jay Hatch explained that they have a John Deere Gator that is 2004, it is a 6x4, and it is one of the pieces of equipment used on the fields. In 2020 they replaced it but had not surplused it because they are still using it as needed. Most recently, the Madeira Beach Youth Baseball/Softball Organization has taken over the use of Rosselli Park in Treasure Island. This is an opportunity for them to prepare the fields themselves. Once surplused, they plan to give it to them as a donation. Director Hatch responded to questions and comments by the Board. Commissioner Hodges opened to public comment. There were no public comments. Mayor Hendricks motioned to approve the surplus of 2004 John Deere Gator Tractor 6x4. Commissioner Andrews seconded the motion. March 9, 2022, BOC Regular Meeting Page 8 of 12  ROLL CALL: Mayor Hendricks "YES" Commissioner Andrews "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Vice Mayor Price "YES" The motion carried 5-0 C. Purchase of Electric Vehicles and Charging Station - Building Department Building Official Frank DeSantis explained the item. He said the Building Department has a great opportunity to purchase two new vehicles for the Building Department and Code Enforcement. He worked with the Florida Sheriff's Association under the statewide purchasing contract and got a really good price on both vehicles. He said that with the current market for resale, he got good prices on the trade-in. Duke Energy has approved the rebate offer of $1,175 towards the charging stations. The Duke Energy rate is 0.1169 kilowatt or .12 per unit. To compare cost per mile, if they go electric, it is .06 per mile. If they stay with gas, it is .34 per mile. The saving in the maintenance cost alone is less than 50% of what they are doing now on gas. Director DeSantis responded to questions and comments by the Board. Mayor Hendricks said it was a good first step in getting them into electric vehicles. Commissioner Hodges opened to public comment. Ann Marie Brooks, 425 150th A venue, commented that the Mustang is controversial because it is a Mustang. People think it is a sports car, but it is more of a family sedan-style vehicle. She was in favor of voting for it. Commissioner Andrews made a motion for approval of the use of capital budget funds to purchase two new all-electric vehicles, including charging stations and electrical installation. Mayor Hendricks seconded the motion. ROLL CALL: Commissioner Andrews "YES" Mayor Hendricks "YES" Commissioner Hutson "YES" Commissioner Hodges "YES" Vice Mayor Price "NO" The motion carried 4-1. March 9, 2022, BOC Regular Meeting Page 9 of12 10. CONTRACTS/AGREEMENTS A. Proposal for Professional Surveying, Engineering, Permitting & Construction Inspection AREA 3 - East parsley, West Parsley, Marguerite, Lynn Way, A Street, B Street-Public Works Department Megan Wepfer, Public Works Director, explained the item. The City of Madeira Beach, per the Capital Improvement Plan, is providing the Commission with a proposal for Area 3, which includes East Parsley, West Parsley, Marguerite, Lynn Way, A Street, and B Street, budgeted in the Fiscal Year 2022 for roadway and drainage improvements. The proposal will cover the performance of professional engineering and surveying services for the stormwater, utility, and roadway improvements project of Area 3. The proposed scope of work is to coordinate with Pinellas County Utilities to reconstruct and replace the potable water distribution system and sanitary sewer collection system, replace the City's stormwater collection system, and replace the curbs and mill and resurface the roadway within the project limits. Deuel & Associates proposes preparing the construction plans and specifications, applying for all needed permitting through the local regulatory agencies, assisting the City with advertising the Request for Bids, and conducting the public bid opening. Staff received state appropriations grant money for $549,400, which will help cover the construction phase cost. Pinellas County will cover the cost of any replacements of utilities needed in Area 3. Director Wepfer responded to questions and comments by the Board. Commissioner Hodges opened to public comment. There were no public comments. Vice Mayor Price motioned to approve the proposal with Deuel & Associates for professional surveying, engineering, permitting, and construction inspection of Area 3 that does not exceed $165,000 for East Parsley, West Parsley, Marguerite, Lynn Way, A Street, and B Street. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" Commissioner Hutson "YES" Mayor Hendricks "NO" The motion carried 4- l . B. RFP 21-03 Mowing and Lawn Maintenance Services - City Centre Complex and Athletics Field - Recreation Director Recreation Director Hatch provided a recap of the mowing and lawn maintenance RFP discussed at the recent workshop meeting. He wanted to award the contract to Natural Designs Landscaping at an annual cost of $33,600. This year it would only cost half that and would begin on April 1 and March 9, 2022, BOC Regular Meeting Page 10 of 12 run through the end of the year. It would not cost anything extra this year budget-wise. They would need to budget for it in FY 2023, FY 2024, and FY 2025. Director Hatch responded to questions and comments by the Board. Commissioner Hodges opened to public comment. There were no public comments. Mayor Hendricks motioned to approve RFP 21-03 mowing and lawn maintenance services contract. Commissioner Hutson seconded the motion. ROLL CALL: Mayor Hendricks "YES" Commissioner Hutson "YES" Vice Mayor Price "YES" Commissioner Andrews "YES" Commissioner Hodges "YES" The motion carried 5-0. 11. NEW BUSINESS 12. STAFF REPORTS A. City Manager's Report - February 2022 The City Manager reported on the City Manager's Report for February 2022. 13. AGENDA SETTING - March 23, 2022, BOC Regular Workshop Meeting A. New Performance Appraisal Forms for Charter Officers-Board of Commissioners B. FY 2023 Federal Community Funding - City Manager Items added to the workshop meeting agenda: • American Rescue Plan Act - Board of Commissioners • Update on the parking garage -Andrew Laflin • Venders blocking Gulf Boulevard - Vice Mayor Price • Marina High and Dry - City Manager • No smoking on the beach and throughout the City - City Manager 14. REPORTS/CORRESPONDENCE A. Board of Commissioners March 9, 2022, BOC Regular Meeting Page 11 of 12 Mayor Hendricks thanked Megan Wepfer for the new Mobi-Mat at no cost to the City. It was a gift from the Hug Foundation. They are having a ceremony on Friday, March 18. Megan Wepfer said they want a press release and invitations for the event sometime between March 31 and April 14. Commissioner Hodges thanked everyone for the event held in her honor and thanked the Mayor for everything that he has done. B. City Attorney Attorney Tom Trask requested a shade meeting on the Madeira Beach versus Overture case. He said they had received a settlement offer from Overture, the defendant. He would like to set the shade meeting for April 13 at 4 p.m., a couple of hours before the regular Commission meeting on that date. The Board consented to the date and time for the shade meeting. C. City Manager The City Manager said he hoped to see many people as possible at the upcoming events. D. City Clerk The City Clerk, Clara VanBlargan, thanked Commissioner Hodges for the opportunity to work with her for the past four and a half years. It was a pleasure. She will be missed. The City Clerk reminded everyone of the March 15, 2022, Municipal Election. They need to do the induction of the new Commissioners by the end of the month. The date scheduled is March 30. The consensus of the Board was to do the induction service on Wednesday, March 23, 2022, at 5:30 p.m. before the 6:00 p.m. Regular Workshop Meeting. The City Clerk said the backup date would be March 30. 15. ADJOURNMENT Commissioner Hodges adjourned the meeting at 8:04 p.m. Clara VanBlargan, MMC, MSM, City Cl March 9, 2022, BOC Regular Meeting Page 12 of 12