Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING APRIL 13, 2022 6:00 P.M. The City of Madeira Beach Board of Commissioners held a regular meeting at 6:00 p.m. on April 13, 2022, in the Patricia Shontz Commission Chambers at City Hall , located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor Doug Andrews, Vice Mayor/Commissioner District 3 David Tagliarini , Commissioner District 1 Ray Kerr, Commissioner District 2 Dave Hutson, Commissioner District 4 MEMBERS ABSENT: CITY STAFF PRESENT: 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 City Attorney Tom Trask gave the Invocation and led the Pledge of Allegiance. 3. ROLLCALL City Clerk Clara VanBlargan called the roll. 4. APPOINTMENT OF VICE MAYOR After passing the gavel to Commissioner Andrews, Mayor Hendricks motioned to appoint Commissioner Doug Andrews to serve as Vice Mayor for a term of one year. Commissioner Hutson seconded the motion . ROLL CALL: April 13 , 2022, BOC Regular Meeting Page 1 of23  Mayor Hendricks "YES" Commissioner Hutson "YES" Commissioner Tagliarini "YES" Commissioner Kerr "YES" Commissioner Andrews "YES" The motion carried 5-0. 5. APPROVAL OF THE AGENDA Mayor Hendricks requested to move Agenda Item 12. D., Approval of the FY 2021 Annual Comprehensive Financial Report, to after Presentations and to move Agenda Item 11. B., Software Licensing Agreement with Aclarian LLC, to the next workshop when City Manager Robin Gomez could attend. Commissioner Hutson motioned to approve the Agenda with the changes of moving Item 12. D. under New Business to the beginning of the meeting and to postpone Agenda Item B under Contracts and Agreements to the workshop. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Hutson "YES" Vice Mayor Andrews "YES" Commissioner Tagliarini "YES" Commissioner Kerr "YES" Mayor Hendricks "YES" The motion carried 5-0. 6. PROCLAMATIONS/PRESENTATIONS 6.1. PROCLAMATIONS - MAYOR/CITY CLERK There were no proclamations. 6.2. PRESENTATIONS (limited to 10 minutes each) A. Appreciation Plaque - Helen "Happy" Price Mayor Hendricks presented Vice Mayor Price with an appreciation plaque and flowers and thanked her for her two years of service as the District 1 Commissioner. B. Approval of the FY 2021 Annual Comprehensive Financial Report This item was moved from under New Business. April 13, 2022, BOC Regular Meeting Page 2 of23 Financial Consultant Andrew Laflin introduced Zach Chalifour, CPA from James Moore & Co., who reported on the FY 2021 Annual Comprehensive Financial Audit. They submitted the annual Comprehensive Financial Report to the GFOA (Government Financial Officers Association) and applied for the Certificate of Achievement for Excellence in Financial Reporting. He responded to questions and comments from the Board. Vice Mayor Andrews said he was very pleased with the report. He expressed concern with the infrastructure projects coming up, the inflation rate, and fiscal responsibility. Mayor Hendricks commented they had unforeseen things come up like red tide and storms they will need money for. He thanked Mr. Chalifour for his good work. Mayor Hendricks opened to public comments. There were no public comments. Vice Mayor Andrews made a motion to approve the FY 2021 Annual Comprehensive Financial Report as written. Commissioner Hutson seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hutson "YES" Commissioner Kerr "YES" Commissioner Tagliarini "YES" Mayor Hendricks "YES" The motion carried 5-0. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT AGENDA A. Approval of Minutes: • 2022-03-09, BOC Special Meeting Minutes • 2022-03-09, BOC Regular Meeting Minutes • 2022-03-23, BOC Special Meeting Minutes • 2022-03-23, BOC Workshop Meeting Minutes Vice Mayor Andrews motioned to approve the Consent Agenda as written. Commissioner Hutson seconded the motion. April 13, 2022, BOC Regular Meeting Page 3 of23 Commissioner Tagliarini asked that the Mayor's comment be added to the March 23, 2022, BOC Worksop Meeting Minutes in regards to keeping Helen Price on the Library Board of Trustees. City Clerk Clara VanBlargan said she would be happy to add the comment. Vice Mayor Andrews motioned to approve the Consent Agenda with the change made by Commissioner Tagliarini. Commissioner Kerr seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Kerr "YES" Commissioner Tagliarini "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 9. PUBLIC HEARINGS A. 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 - 2 nd Reading and Public Hearing - Community Development 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. Jenny Rowan, Senior Planner, said there were no new changes to the ordinance and it was approved at the March BOC Meeting. Commissioner Kerr asked if someone repairing a portion of their fence would have to abide by the ordinance. Ms. Rowan said only if it is being replaced. The ordinance is less restrictive than what they have currently. Commissioner Kerr asked how the ordinance became about. Ms. Rowan explained that several contractors pulled out of their contract because the current Code is too restrictive. April 13, 2022, BOC Regular Meeting Page 4 of23 Commissioner Tagliarini asked if the range was I .5'' to 3.5". Ms. Rowan confirmed it was. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Andrews motioned to approve Ordinance 2022-05 on second reading. Commissioner Tagliarini seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Tagliarini "YES" Commissioner Hutson "YES" Commissioner Kerr "YES" Mayor Hendricks "YES" The motion carried 5-0. B. 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 110-321 Setback Requirements (C-3, Retail Commercial), and 110-351 Building Setback Requirements (C-4, Marine Commercial) - 2nd Reading and Public Hearing - Community Development 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. Jenny Rowan, Senior Planner, said there were no new changes to the ordinance and it was approved at the March BOC Meeting. Commissioner Kerr asked how will the C-1 Section, where it is currently parking gravel be impacted when it is developed. Ms. Rowan said they were trying to account for what is there, what is legally non-conforming, to build back to what is there. April 13, 2022, BOC Regular Meeting Page 5 of23 Commissioner Tagliarini asked if the C-4, Marine Commerical setbacks go right up against where people live. He asked if it was a maximum of five feet they have to go before they can build. There is currently none in the current side yard of abutting residential use, and now there is an additional five feet. Ms. Rowen explained that commercial setbacks in C-4 is ten feet and the ordinance would add an additional five feet, a total of 15 feet. Commissioner Tagliarini asked about the sideyard-residential, which reads nine feet. Ms. Rowan said it currently reads 10 feet. If you have a commercial use next to residential, you would have to do an additional five totalling 15 feet. Commissioner Hutson said he is still having trouble with C-3, the east side of Gulf Boulevard, reducing the setback with the widened street. He does not want to increase the density if they put hotels in residential zoning. He does not think he can vote for the ordinance. Community Development Director Linda Portal, explained that a change to setbacks could not have an impact on density. It only changes the position where to put the building on site. Even if they change the impervious surface ratio it would still not increase density. The purpose of the C-3 setback change would be to recognize that the setback from the right-of-way from the property line. They are proposing to implement corrections to the Code that have created a lot of non-conformities and, at the same time, reflect more modern planning standards. Mayor Hendricks said the properties in C-3 have water or an alley behind them, so if they do not do it some lots could be too narrow to build on. Commissioner Hutson asked if they reduced the setback on the front they could not allow a larger building on the lot. Director Portal said it could not allow more floor area. Commissioner Tagliarini asked for confirmation that it would not have an impact on parking requirements for the businesses. Director Portal said anyone who comes in with a new building plan would have to meet updated parking requirements. Commissioner Kerr asked when coming up with the recommendations, was there any study done on the percentage of buildings in C-3 that are currently at the 15 feet versus the 25 feet. Director Portal said they had done various surveys and maps, but it has not been presented in a formal or community setting, but they will be doing that. They need to be looking at the complete street situation and how much space there is on either side of the sidewalks and the lighting for safety and convenience. Mayor Hendricks opened to public comment. Jean Farnan, 574 Johns Pass Avenue, said it was premature without having all the information. She was concerned about all of the changes without specific information to analyze. She wondered why some of the buildings could not be grandfathered as opposed to a blanket change for setbacks. April 13, 2022, BOC Regular Meeting Page 6 of23 Mayor Hendricks said they could not grandfather something if rebuilding it. Commissioner Kerr was on the Planning Commission, and it had been looked at and studied for several months. The Planning Commission and staff recommended approval. Joel Martin, 423 150th Avenue, said they have been property owners in Madeira Beach since 2008, been gone since 2020, and have just returned to what has developed. There are no wide tree-lined walkways; only a narrow sidewalk butted up by condo buildings. The setbacks are now non-existent. He asked what will happen with the rest of 150th Avenue. The setbacks that were approved before have disappeared. He questioned who approved it. Vice Mayor Andrews motioned to approve Ordinance 2022-06 on second reading. Mayor Hendricks said they must get the City in conformity with county and state regulations. He asked for a second to the motion. The motion failed due to a lack of a second. C. Ordinance 2022-08: Proposed amendments to City of Madeira Beach Code of Ordinances, Chapter 110 Zoning, Division 5. C-1 Tourist Commercial, Section 110- 256 Definition; purpose and intent, Section 110-257 Permitted uses, Section 110-260 Minimum building site area requirements, Section 110-262 Maximum building height, Section 110-263 Maximum lot coverage, Section 110-264, Impervious surface ratio (ISR), and Section 110-265 Special requirements - is• Reading & Public Hearing - Community Development City Attorney Tom Trask read Ordinance 2022-08 by title only: ORDINANCE NO. 2022-08 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, DIVISION 5. - C-1, TOURIST COMMERCIAL, SECTION 110-256 DEFINITION; PURPOSE AND INTENT, SECTION 110-257 PERMITTED USES, SECTION 110-262 MAXIMUM BUILDING HEIGHT, SECTION 110-263 MAXIMUM LOT COVERAGE, SECTION 110-264 IMPERVIOUS SURFACE RATIO (ISR), SECTION 110-265 SPECIAL REQUIREMENTS, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Jenny Rowan, Senior Planner, said the next several ordinances will sound very similar, and a lot of it is cleanup. She explained the proposed changes and responded to questions and comments by the Board. April 13, 2022, BOC Regular Meeting Page 7 of23 Commissioner Hutson asked for clarification on C-2 zoning along the Boardwalk and the area off the Boardwalk further to the east and north in John's Pass, a fairly small area. Ms. Rowan said they were referring to C-1. The lot used for parking is also in C-1. Commissioner Tagliarini said he understands that it is mostly to allow the vibe in John's Pass Village and to retain it, and he supported it. The issue is with the proposed increase in the impervious surface ratio (ISR) in the C-1, C-2, and C-4 zones. The law is set at .70, and their comprehensive plan is at .90. According to the Ecosystems Research Division of the Environmental Protection Agency, changing the impervious regions on coastal communities has significantly impacted soil erosion because there is no method to restrict or reduce the flow of polluted runoff into the coastal waterways. It does not appear the suggested change is related to a specific community need or urgent action. They need to stop adding to the problem with new construction. The ISR for St. Pete Beach is .70 for all structures. Commissioner Kerr said he would like to know more about that. Director Portal said the ratios were put in place over existing development patterns and made all of them non-conforming. There are higher standards for collection, percolation, and stormwater treatment. Commercial areas would have to meet the current requirements for containing the amount and quality of the water if they are going to be redeveloped. Whatever collected on commercial property has to be filtered and gradually released. The comp plan allows things that the Code prevents them from doing. They will be amending the comp plan this year, making the perfect time to change the ISR. Commissioner Kerr said he would like to look at other cities. He asked how the water is filtered in John's Pass. Director Portal said in a lot of cases it is not filtered at all. The sewer system underneath the Village is faulty. Any new development that comes in will have to contribute to repairing the underlying sewage system. Commissioner Tagliarini said -filtering is a way of getting the pollutants out but does not eliminate soil erosion. Ten percent of the property cannot absorb rain at an efficient rate. He does not want to increase the ISR but rather hold it back. Commissioner Kerr asked if they should coordinate with the review and updates of the comp plan. Director Portal said they could change certain parts of the ordinance without approving it as written. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Kerr motioned to approve Ordinance 2022-08, proposed amendments to the City of Madeira Beach Code of Ordinances, with the exception of the changes to the impervious surface ratio to the Code. Vice Mayor Andrews seconded the motion. Commissioner Tagliarini asked what happens to the proponents. Mayor Hendricks said it would come back for discussion at the workshop. The City Attorney said he received clarification on the deletion of Section 5 dealing with the ISR in Section 110-264. He said the motion is to approve the ordinance without Section 5. April 13, 2022, BOC Regular Meeting Page 8 of23 Commissioner Hutson said C-1 is all concrete and if they are going to rebuild it the way it is, there will be an ISR that is .95 or higher. Commissioner Kerr thought the item needed more discussion. The Mayor asked Commissioner Kerr if it went through the Planning Commission, which he was on. Commissioner Kerr said that was at a different level, and at the time, he agreed to move it forward, but now he has more questions and could not vote for it. Mayor Hendricks opened for public comment. There were no public comments. ROLL CALL: Commissioner Kerr "YES" Vice Mayor Andrews "YES" Commissioner Hutson "NO" Commissioner Tagliarini "NO" Mayor Hendricks "YES" The motion carried 3-2 D. Ordinance 2022-09: Proposed amendment to City of Madeira Beach Code of Ordinances, Chapter 110 Zoning, Division 6. C-2 John's Pass Marine Commercial, Section 110-286 Deefinition; purpose and intent, Section 110-291 Setback Requirements, Section 110-292 Maximum building height, Section 110-294 Impervious surface ratio (ISR), and Section 110-295 Special requirements - 1st Reading & Public Hearing - Community Development City Attorney Tom Trask read Ordinance 2022-09 by title only: ORDINANCE NO. 2022-09 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, DIVISION 6. - C-2, JOHN'S PASS MARINE COMMERCIAL, SECTION 110-286 DEFINITION; PURPOSE AND INTENT, SECTION 110-291 SETBACK REQUIREMENTS, SECTION 110-292 MAXIMUM BUILDING HEIGHT, SECTION 110-294 IMPERVIOUS SURFACE RATIO (ISR), SECTION 110-295 SPECIAL REQUIREMENTS, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Jenny Rowan, Senior Planner, explained the ordinance and the proposed changes and responded to questions and comments from the Board. April 13, 2022, BOC Regular Meeting Page 9 of23 Mayor Hendricks reminded the Board that the ordinances are being changed for John's Pass Village and the small business owners if there is a potential major disaster to help the small businesses rebuild. It only concerns the Village and not the whole City. Commissioner Kerr said they could come back and discuss the two ordinances. The proposed .85 ratio makes sense in the C-2, boardwalk area. Commissioner Tagliarini said he would have the same problem with this ordinance as he did with the previous one. He does not want to plug up the entire island if they have the opportunity not to do it. The Mayor said it is for the Village. The Village is dense and has two stories. You cannot penalize a business because it is big and owned by someone successful. Commissioner Tagliarini agreed and said he wanted to focus on the ISR. The Mayor said things are different now, and they cannot build back like it was because of government regulations. He reminded the Board that the decisions they make now will affect the entire City and the business community. Commissioner Tagliarini said that is why he based his choices and decisions on geographical surveys, water science, and impervious surface ratios from the EPA. Vice Mayor Andrews said they employ professionals who work tirelessly to present the facts to them. Everything the Board does affects the bottom line. If something happened to John's Pass they would not be able to rebuild as it stands right now. The parking revenues would get cut dramatically, and the roads would deteriorate quicker. They need the revenue from parking and John's Pass and the growth of the City. A lot of work went into the plans, and they needed to address the professionals on what was presented. Commissioner Hutson said he wanted to postpone the vote on Ordinance 2022-06 until next month so that the new Commissioners could get their questions answered. And for Ordinance 2022-08, he would vote yes for the way it was originally written. The Mayor said they would come back before them with some modifications. They can be talked about at a workshop. Mayor Hendricks opened to public comment. Jean Farnan, 574 Johns Pass Avenue, asked since all of the ordinances are changed and if they had a catastrophic hurricane what would stop the property owners from reconstructing. Were there any provisions in place? The Mayor said the maximum height is 34 feet. Director Portal said the community has done community-wide processes before. They are looking at the inconsistencies that exist now as well as the outcome of the 2002 community process which was very involved and expensive. There was a lot of public participation in that, and it came with a series of proposed regulatory design standards. The ordinances would apply to properties that come in to do redevelopment right now. It would be very difficult to go to 70% ISR at the Boardwalk because there is not much land there. Vice Mayor Andrews motioned to pass Ordinance 2022-09 as written. Commissioner Hutson seconded the motion. April 13, 2022, BOC Regular Meeting Page 10 of 23  ROLL CALL: Vice Mayor Andrews "YES Commissioner Hutson "YES" Commissioner Tagliarini "NO" Commissioner Kerr "YES" Mayor Hendricks "YES" The motion carried 4-1. E. Ordinance 2022-10: Proposed amendment to City of Madeira Beach Code of Ordinances, Chapter 110 Zoning, Division 7. C-3 Retail Commercial, Section 110- 316 Definition; purpose and intent, Section 110-320 Minimum building site area requirements, Section 110-322 Maximum building height, Section 110-323 Maximum lot coverage, and Section 110-326 Special requirements - 1st Reading & Public Hearing - Community Development City Attorney Tom Trask read Ordinance 2022-10 by title only: ORDINANCE NO. 2022-10 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, DIVISION 7. - C-3, RETAIL COMMERCIAL, SECTION 110-316 DEFINITION; PURPOSE AND INTENT, SECTION 110-320 MINIMUM BUILDING SITE AREA REQUIREMENTS, SECTION 110-322 MAXIMUM BUILDING HEIGHT, SECTION 110-323 MAXIMUM LOT COVERAGE, SECTION 110-326 SPECIAL REQUIREMENTS, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Jenny Rowan, Senior Planner, explained the proposed changes in the ordinance. She responded to questions and comments from the Board. Mayor Hendricks said they have no intentions of building 10 & 12 story buildings along Gulf Boulevard. All of the ordinances state the maximum height is 34 feet. Commissioner Kerr asked for clarity on how the different side setbacks were defined among the residential, commercial, and mixed-use categories. Ms. Rowan explained the commercial general and the residential office retail are land use categories that were seen in the future land use map, not the zoning map. There are three different maps; the county-wide rule map, the future land use map, and the zoning map. They have to be consistent with each other. Commissioner Kerr asked for clarification on Section 110-326, Special requirement C, where it is proposed non- April 13, 2022, BOC Regular Meeting Page 11 of23 residential use in a C-3 retail, a commercial district that butts on residential use, an additional five-foot setback is required, but earlier it referenced the mixed-use residential office retail. Ms. Rowan explained it refers to a new building being built and it's next to a single-family home or duplex. It has to adhere to the setbacks plus an additional five feet. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Andrews motioned to pass Ordinance 2022-10 as written. Commissioner Tagliarini seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Tagliarini "YES" Commissioner Kerr "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. F. Ordinance 2022-11: Proposed amendment to City of Madeira Beach Code of Ordinances, Chapter 110 Zoning, Division 8. C-4 Marine Commercial, Section 110- 346 Definition; purpose and intent, Section 110-352 Maximum building height, Section 110-354 Impervious surface ratio, 110-355 Buffering requirements, and Section 110-356 Special requirements - is• Reading & Public Hearing - Community Development City Attorney Tom Trask read Ordinance 2022-11 by title only: ORDINANCE NO. 2022-11 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, DIVISION 8. - C-4, MARINE COMMERCIAL, SECTION 110-346 DEFINITION; PURPOSE AND INTENT, SECTION 110-352 MAXIMUM BUILDING HEIGHT, SECTION 110-353 MAXIMUM LOT COVERAGE, CREATING A NEW SECTION 110-354 IMPERVIOUS SURFACE RATIO (ISR), RENUMBERING OLD SECTIONS 110-354 AND 110-355 TO BE NEW SECTIONS 110-355 AND 110-356 ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Jenny Rowan, Senior Planner, explained the proposed changes in the ordinance and responded to questions and comments from the Board. April 13, 2022, BOC Regular Meeting Page 12 of23 Commissioner Tagliarini pointed out the Code did not address the ISR for C-4. He asked what the ratio is now on the buildings. Director Portal explained that there are several zoning categories within a maximum land use, and each category has more restrictive ISR. They have been using what the comprehensive plan said, .85 Commissioner Tagliarini asked if they could have used .70. Director Portal said yes, they could have, but it would probably result in all existing marine commercial development being legal non-conforming. Mayor Hendricks opened to public comment. Jerry Cantrell, 13322 I st Street East, said he has a degree in electrical engineering and a graduate degree in environmental science, environmental policy, and environmental geography. The ground does not have to be cement. There are things you can put on the ground that are pervious to water that will allow absorption and minimizes the impact on the environment. Vice Mayor Andrews motioned to pass Ordinance 2022-11. Commissioner Hutson seconded the motion. ROLL CALL: Vice-Mayor Andrews "YES" Commissioner Hutson "YES" Commissioner Tagliarini "NO" Commissioner Kerr "YES" Mayor Hendricks "YES" The motion carried 4-1. G. Ordinance 2022-12: Carports in R-3, Medium Density Multifamily Residential Zoning District - 1st Reading & Public Hearing - Community Development City Attorney Tom Trask read Ordinance 2022-12 by title only: ORDINANCE NO. 2022-12 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE VI. SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 4. ACCESSORY STRUCTURES, SECTION 110-474 R-3, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL ZONES, SECTION 110-480 MAXIMUM SIZE IN R-1, R-2 AND R-3 ZONES, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. April 13, 2022, BOC Regular Meeting Page 13 of23 Jenny Rowan, Senior Planner, explained the ordinance and responded to questions and comments from the Board. Commissioner Hutson asked if it was a maximum size for a carport. It would be about half that size for many of the condos. Ms. Rowan said they are proposing that the condos be regulated through the site plan process. The condos would have a cohesive carport, but single-family or duplex structures could have one carport. Mayor Hendricks said he is fine with it. Commissioner Kerr concurred. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Kerr motioned to approve Ordinance 2022-12, carports in R-3, Medium Density Multifamily Residential Zoning District. Commissioner Hutson seconded the motion. ROLL CALL: Commissioner Kerr "YES" Commissioner Hutson "YES" Commissioner Tagliarini "YES" Vice-Mayor Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. H. Ordinance 2022-13: Proposed amendments to Section 110-427. Yard regulations - Open sky requirements - 1st Reading & Public Hearing - Community Development City Attorney Tom Trask read Ordinance 2022-13 by title only: ORDINANCE NO. 2022-13 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE VI. SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 2. LOT, YARD, HEIGHT AND OTHER SITE AREA REGULATIONS, SECTION 110-427 YARD REGULATIONS - OPEN SKY REQUIREMENTS, OF 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 explained Ordinance 2022-13 and responded to questions and comments from the Board. April 13, 2022, BOC Regular Meeting Page 14 of 23 Commissioner Kerr asked about the setback from the property line. He asked if a hedgerow could be on the property line and if a column could be part of the hedgerow and be within that five feet. Director Portal said yes. Mayor Hendricks opened to public comments. There were no public comments. Vice Mayor Andrews motioned to pass Ordinance 2022-13. Commissioner Kerr seconded the motion. ROLL CALL: Vice-Mayor Andrews "YES" Commissioner Kerr "YES" Commissioner Tagliarini "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. I. Ordinance 2022-14: Proposed amendment to City of Madeira Beach Code of Ordinances, Chapter 110 Zoning, Division 4. R-3 Medium Density Multifamily Residential, Section 110-226 definition; purpose and intent, Section 110-230 Minimum building site area requirements, Section 110-231 Setback requirements, Section 110-232 Maximum building height, Section 110-230 Maximum lot coverage, Section 110-234 Impervious surface ration (ISR), and Section -236 Special requirements - 1st Reading& Public Hearing - Community Development City Attorney Tom Trask read Ordinance 2022-14 by title only: ORDINANCE NO. 2022-14 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, DIVISION 4. - R-3, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL, SECTION 110-226 DEFINITION; PURPOSE AND INTENT, SECTION 110-230 MINIMUM BUILDING SITE AREA REQUIREMENTS, SECTION 110-231 SETBACK REQUIREMENTS, SECTION 110-232 MAXIMUM BUILDING HEIGHT, SECTION 110-233 MAXIMUM LOT COVERAGE, SECTION 110-234 IMPERVIOUS SURFACE RATIO (ISR), SECTION 110-236 SPECIAL REQUIREMENTS, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Jenny Rowan, Senior Planner, explained the ordinance and responded to questions and comments from the Board. April 13, 2022, BOC Regular Meeting Page 15 of23 Commissioner Tagliarini said he would love it if the ISR was .70. It is right on the water and this is where they should be most concerned. The Mayor asked where he came up with his figures. He said it was what was recommended by the National Geographic survey, part of the Environmental Protection Agency. Ms. Rowan said that multi-family and related uses have an ISR of .85. Commissioner Tagliarini said he would have voted "yes" for all of them if they were .70. Mayor Hendricks opened to public comments. There were no public comments. Vice Mayor Andrews motioned to pass Ordinance 2022-14. Commissioner Hutson seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hutson "YES" Commissioner Tagliarini "NO" Commissioner Kerr "NO" Mayor Hendricks "YES" The motion carried 3-2. 10. CONTRACTS/AGREEMENTS A. Purchase of a 600HD Barber Surf Rake -Megan Wepfer, Public Works Director Public Works Director Megan Wepfer explained the item was brought before the Board at a workshop in March. The reason for moving the item into 2022 is because the current rake needs over $15,000 in repairs, and they need a surf rake to keep the beach clean. Mayor Hendricks asked how quickly it can be delivered. Director Wepfer said she sent a letter of intent after the previous meeting, and it was 75 days from then, possibly three months. She has an option to use one from Redington on Tuesdays and Wednesdays, a rake that is not in great shape. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hutson motioned to approve the purchase of a 600HD Barber Surf Rake. Commissioner Tagliarini seconded the motion. ROLL CALL: Commissioner Hutson "YES" Commissioner Tagliarini "YES" Commissioner Kerr "YES" April 13, 2022, BOC Regular Meeting Page 16 of23  Vice Mayor Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. B. Software Licensing Agreement with Aclarian LLC - Andrew Laflin, Fiinance Director This item was moved to the April 27, 2022 BOC Workshop Meeting. C. Florida Traffic Safety Grant from AAA - Clint Belk, Fire Chief Fire Chief Clint Belk explained the Fire Department applied for the AAA Traffic Safety Grant. They were funded $10,000.00, which was I 00% and no city match. He asked for approval from the Board. Mayor Hendricks thanked Chief Belk. He asked what he could use the money for. Fire Chief Belk said there is a wide range of use in public safety. They were thinking about beach wheelchairs for the Mobi-Mat. Mayor Hendricks opened to public comment. There were no public comments. Vice-Mayor Andrews motioned to approve the Florida Traffic Safety Grant from AAA. Commissioner Kerr seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Kerr "YES" Commissioner Hutson "YES" Commissioner Tagliarini "YES" Mayor Hendricks "YES" The motion carried 5-0. 11. NEW BUSINESS A. Appointment to Planning Commission Mayor Hendricks asked if each candidate would approach the podium and tell them why they would like to be on the Planning Commission. Amanda Baldwin, 519 Johns Pass Avenue, introduced herself, and told her background and experience, and said she could be an added value to the Planning Commission. April 13, 2022, BOC Regular Meeting Page 17 of23 Helen "Happy" Price, 13319 Boca Ciega Avenue, said she wants to help the town. She has the experience and is familiar with the Planning Commission members and can work well with them. She wants to give back to her community. The Executive Assistant to the City Clerk, Lara Hooley, distributed ballots to each Commissioner. City Clerk Clara VanBlargan collected each ballot and tallied them along with Ms. Hooley. The City Clerk read the results: Mayor Hendricks Helen Price Vice Mayor Andrews Helen Price Commissioner Tagliarini Chuck Dillon Commissioner Kerr Amanda Baldwin Commissioner Hutson Chuck Dillon The City Clerk announced a tie between Helen Price and Chuck Dillon. Each Commissioner was given a piece of paper and instructed by City Attorney Tom Trask to sign it along with their vote according to the Sunshine Law. Ms. Hooley collected the votes and assisted the City Clerk in tallying them. The City Clerk read the results: Mayor Hendricks Helen Price Vice Mayor Andrews Helen Price Commissioner Tagliarini Chuck Dillon Commissioner Kerr Chuck Dillon Commissioner Hutson Chuck Dillon The City Clerk announced that Chuck Dillon had three votes and Helen Price had two votes. Chuck Dillon is the new Planning Commissioner for a term expiring on September 30, 2023. B. Resolution 2022-03 - Listing of Authorized Signers of Banking Documents -Andrew Laflin, Finance Director City Attorney Tom Trask read Resolution 2022-03 by title only: RESOLUTION 2022-03 A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA, DESIGNATING AUTHORIZED SIGNERS OF BANKING DOCUMENTS FOR THE CITY OF MADEIRA BEACH; BY REPEALING RESOLUTION 2020-13 AND ANY OTHER RESOLUTION IN CONFLICT HEREWITH; AND BY PROVIDING FOR AN EFFECTIVE DA TE. April 13, 2022, BOC Regular Meeting Page 18 of23 Finance Director Andrew Laflin explained the City's financial institution requires formality and formal Board approval to designate the signatories of the bank accounts. Resolution 2022-03 will designate the following authorized signers: Robin Gomez, City Manager Patrick Cade. Assistant Finance Director Karen Paulson, Payroll Financial Coordinator Mayor Hendricks opened to public comment There were no public comments. Vice Mayor Andrews motioned to approve Resolution 2022-03. Commissioner Tagliarini seconded the motion. ROLL CALL: Vice Mayor Andrews "YES .. Commissioner Tagliarini ''YES" Commissioner Hutson "YES" Commissioner Kerr "YES"' Mayor Hendricks ''YES'" The motion carried 5-0. Mayor Hendricks addressed Commissioner Tagliarini about using his personal laptop during a Commission meeting and possibly violating the Sunshine Law. Commissioner Tagliarini said he talked to the City Manager about it who said his notes need to be available. City Attorney Trask said it could be a public record whether or not it is on a personal laptop. They need to be retained by the custodian of the record. The Commissioner can retain them himself or forward them to a City email account or City Clerk's office. He is responsible for making them available if requested through a public records request. C. ARPA Election of Standard AHowance-Andrew Laflin, Finance Director Financial Consultant Andrew Laflin explained the City had been nominated as a NEU, Non- Entitlement Unit, and had been allocated $2,154,172.00 in two tranches. They have received the first tranche of $1,077,086.00 and will be receiving the second tranche at the end of the fiscal year. They discussed at the last workshop where to spend the money. It puts formality around their election, which is due at the first reporting cycle, April 30, 2022. They can designate up to $10 million of ARP A proceeds to support revenue loss which gives them a broad range of flexibility on how to use the funds. His recommendation to the Board is to take the $2,154,172.00 for public sector revenues for revenue loss. That is the standard allowance they will be electing. Mayor Hendricks asked if it could go into the General Fund. Mr. Laflin said it could. Mayor Hendrick opened to public comment. There were no public comments. April 13, 2022, BOC Regular Meeting Page 19 of 23 Commissioner Hutson motioned to use the entire $2,154,172.00 for the standard allowance. Commissioner Kerr seconded the motion. ROLL CALL: Commissioner Hutson "YES" Commissioner Kerr "YES" Commissioner Tagliarini "YES" Vice Mayor Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. D. Approval of the FY 2021 Annual Comprehensive Financial Report - Finance Department This item was moved to Presentations 6.2.B 12. STAFF REPORTS A. City Manager's Report City Manager Robin Gomez was not present at the meeting. 13. AGENDA SETTING April 27, 2022, BOC Regular Workshop Meeting • Presentation - Florida Parking Group • BOC Policy Handbook • Mid-Year Budget Review • Commission Goals and Objectives • Licensing Agreement with Aaclarian LLC Items added to the workshop agenda: Commissioner Tagliarini 1. Discuss being the voting member of the Library Board. 2. Discuss using the ARPA Funds to landscape City property at the ends of 132nd , 134th and 135th Avenues to include water permeable pavers and space for community gardens. Mayor Hendricks said they already have a member of the Library Board, Helen Price, and she has over two years left on her term. April 13, 2022, BOC Regular Meeting Page 20 of23 Mayor Hendricks 1. Discuss Ordinance 2022-06 and Ordinance 2022-08. The discussion will be on the ISR on Ordinance 2022-08. Commissioner Hutson said he was going to make a motion that they postpone the vote for Ordinance 2022-06 because the new Commissioners had questions. Attorney Trask said Ordinance 2022-06 failed, and for them to bring it back, there needs to be a motion for reconsideration either at the meeting tonight or a following regular meeting. It needs to be made by someone on the prevailing side; anyone other than the Commissioner who made the motion would be on the prevailing side. Commissioner Hutson motioned to reconsider Ordinance 2022-06 at the next regular meeting in May to vote on. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Hutson "YES" Vice-Mayor Andrews "YES" Commissioner Kerr "YES" Commissioner Tagliarini "YES" Mayor Hendricks "YES" The motion carried 5-0. Mayor Hendricks said Ordinance 2022-06 would not be discussed at the next workshop. Commissioner Hutson 1. Discuss the conditions they put on the Planning Commission. He does not think they negotiate well. One suggestion was to use a point system and making a list of things they would like to see get done. Vice Mayor Andrews agreed and suggested putting it on the May workshop meeting agenda. Commissioner Kerr 1. Discuss lighting in the crosswalks. Mayor Hendricks thought that might be something FOOT would address. Director Wepfer said she recently met with FOOT to install another crosswalk, and the lighting issue came up. They will be sending information on new technology. She suggested bringing in FOOT to discuss it in May or June. 14. REPORTS/CORRESPONDENCE A. Board of Commissioners Commissioner Hutson said people asked him if bathrooms could be included in the parking garage. The consensus of the Board was to bring it up at a later date because they were not in a hurry to build the garage. April 13, 2022, BOC Regular Meeting Page 21 of 23 Commissioner Tagliarini informed the Board that he created an unofficial email distribution list to facilitate collaboration with residents. His goal is to provide an efficient way for him to survey and poll residents regarding issues that may come before the Board, to provide a connection between the residents and himself, to provide an easy way to communicate, to keep residents up to date on important issues that are being addressed at the BOC meetings, and to get resident's imput. It will not be a discussion blog, and all emails will be blind copied. In accordance with the Sunshine Law, all emails will be available to the public. The City Clerk said if she were to get a public records request for the blind copy list of email addresses the list would have to be provided to her. City Attorney Trask said that was correct; they are public emails. The Commissioner would be responsible for those public records requests if he retains them and does not forward them to her. Commissioner Kerr said he knew the Board approved the 15 mph speed limit on South Bayshore but he did not know that the Board approved the speed tables that were installed. The City Manager made the funding decision, but did not think he had the authority to make the decision to install them. Mayor Hendricks said they did discuss it, and it is day to day operation of the City, and it was completely within his authority. Commissioner Kerr said it was not voted on, and disagreed. Mayor Hendricks said• his niece is graduating from college on May 12, 2022 and he would like to attend. The Commission meeting is on May 11 th and he would like to move the meeting to 2:00 p.m., so he could attend the graduation. City Attorney Trask said there would be a problem if any ordinances were published for that date. The City Clerk confirmed there were no ordinances advertised for second reading and public hearing for that date. Vice Mayor Andrews motioned to move the Board of Commissioners meeting on May 11, 2022 from 6:00 p.m. to 2:00 p.m. Commissioner Hutson seconded the motion. ROLL CALL: Vice-Mayor Andrews "YES" Commissioner Hutson "YES" Commissioner Tagliarini "YES" Commissioner Kerr "YES" Mayor Hendricks "YES" The motion carried 5-0. B. City Attorney C. City Manager April 13, 2022, BOC Regular Meeting Page 22 of23 Director Wepfer gave an update regarding the 140th Avenue rehab project from Frontier. The start date is on April 18, 2022. The message boards were placed on April 12, 2022. It will probably take about one and a half or two months to complete the construction. D. City Clerk The City Clerk welcomed the new Commissioners and said she looked forward to working with them for the next two years. She reminded the Board the BOC Handbooks were distributed to them, and they have up to ninety days from the election to approve the procedures for the meetings. It will be discussed at the next workshop. Commissioner Kerr asked if it included the Comprehensive Plan. She said it did not. It is the Board's meeting procedures. 15. ADJOURNMENT Mayor Hendricks adjourned the meeting at 9: 11 p.m. ATTEST: Clara VanBlargan, MMC, MSM, ty Clerk 14-fp.11.ovcd 5-11-zoz_ --z_ April 13, 2022, BOC Regular Meeting Page 23 of23