Board of Commissioners Regular Meeting

ROLL CALL: Vice Mayor Andrews "YES" Commissioner Tagliarini "YES" Commissioner Hutson "YES" Commissioner Kerr "YES" Mayor Hendricks "YES" The motion carried 5-0. 8. PUBLIC HEARINGS A. Ordinance 2022-08, C-1 Zoning District, Second Reading - Community Development Department City Attorney Tom Trask read Ordinance 2022-08 by title only: ORDINANCE 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 110-265 SPECIAL REQUIREMENTS, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Linda Portal explained the purpose of the proposed ordinance, the changes made, and responded to questions and comments from the Board. Staff recommended continuation of the item to the next regular meeting on June 8, 2022. Vice Mayor Andrews motioned to continue the discussion on Ordinance 2022-08 to the June 8, 2022, BOC regular meeting. Commissioner Hutson seconded the motion. Commissioner Kerr said he would like to bring Sections 110-95 and 110-96 into the discussion. The sections go along with most of the ordinances on the Agenda. Director Portal said if they take advantage of the redevelopment, it must be rebuilt to the exact same footprint, and they meet all floodplain requirements. Mayor Hendricks opened for public comment. There were no public comments. ROLL CALL: May 11, 2022, BOC Regular Meeting Page 3 of 14  Vice Mayor Andrews "YES" Commissioner Hutson "YES" Commissioner Kerr "YES" Commissioner Tagliarini "YES" Mayor Hendricks "YES" The motion carried 5-0. . Ordinance 2022-09, C-2 Zoning District, Second Reading - Community Development Department ity Attorney Tom Trask read Ordinance 2022-09 by title only: ORDINANCE 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. ommunity Development Director Linda Portal said the Planning Commission approved the rdinance, and on first reading by the Board of Commissioners, and no changes were ecommended. She responded to questions and comments from the Board. ice Mayor Andrews motioned to pass Ordinance 2022-09. Commissioner Hutson seconded the otion. ayor Hendricks opened to public comment. ill Gay, 423 150th Avenue, commented on _the impervious surface changes. He recommended hat he thought was a better impervious surface ratio to provide proper drainage within John's ass Village. aptain Dylan Hubbard, Hubbard's Marina, said impervious surface does not impact the nvironment, and drainage and sewage is a much bigger problem. The sand is blocking the rains. Any reduction beyond the .85 is unacceptable. ason Delacruz, 215 Boardwalk Place, said he agreed with Captain Hubbard and wanted people o understand the value John's Pass Village brings to the community. ay 11, 2022, BOC Regular Meeting Page 4 of 14  ROLL CALL: Vice Mayor Andrews "YES Commissioner Hutson "YES" Commissioner Tagliarini "NO" Commissioner Kerr "YES" Mayor Hendricks "YES" The motion carried 4-1. C. Ordinance 2022-10, C-3 Zoning District, Second Reading - Community Development Department City Attorney Tom Trask read Ordinance 2022-10 by title only: ORDINANCE 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. Community Development Director Linda Portal said the ordinance was approved by the Planning Commission and on first reading by the Board of Commissioners, and no changes were recommended. She responded to questions and comments from the Board. Vice Mayor Andrews motioned to pass Ordinance 2022-10. Commissioner Kerr seconded the motion. Commissioner Hutson asked where Zone C-3 was located. Director Portal said primarily along the East side of Gulf Boulevard. Mayor Hendricks opened to public comment. Bill Karns, 410 150th Avenue, said it is very important in the C-3 area to be concerned with the height above the base flood elevation and not the number of building stories. ROLL CALL: May 11, 2022, BOC Regular Meeting Page 5 of 14  Vice Mayor Andrews "YES" Commissioner Kerr "YES" Commissioner Hutson "YES" Commissioner Tagliarini "YES" Mayor Hendricks "YES" The motion carried 5-0. D. Ordinance 2022-11, C-4 Zoning District, Second Reading- Community Development Department ity Attorney Tom Trask read Ordinance 2022-11 by title only: ORDINANCE 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 1_10-354 IMPERVIOUS SURFACE RATIO (ISR), RENUMBERING OLD SECTIONS 110-354 AND 110-355 TO BE NEW SECTIONS 110-355 AND 110-356, OF CODE OF ORDINANCES OF THE CITY OF MADEIRA BEACH; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ommunity Development Director Linda Portal said the ordinance was approved by the lanning Commission and on first reading by the Board of Commissioners, and no changes were commended. She responded to questions and comments from the Board. ice Mayor Andrews motioned to pass Ordinance 2022-11. Commissioner Hutson seconded the otion. ommissioner Hutson said they do not want a low impervious surface ratio in this area. irector Portal said the impervious surface is not necessarily the way they control drainage. here is more than one way to manage runoff. ayor Hendricks opened to public comment. an Farnan, 574 Johns Pass Avenue, said the City lacks enforcement. ROLL CALL: ay 11, 2022, BOC Regular Meeting Page 6 of 14  Vice-Mayor Andrews "YES" Commissioner Hutson "YES" Commissioner Kerr "YES" Commissioner Tagliarini "NO" Mayor Hendricks "YES" The motion carried 4-1. E. Ordinance 2022-12, Carports in R-3, Second Reading - Community Development Department City Attorney Tom Trask read Ordinance 2022-12 by title only: ORDINANCE 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. Community Development Director Linda Portal explained the ordinance originated with a City Commission referral to address some issues of carports that were not technically allowed by their size. It was approved by the Planning Commission and on first reading by the Board of Commissioners, and no changes were recommended. She responded to questions and comments from the Board. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Andrews motioned to pass Ordinance 2022-12. 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. May 11, 2022, BOC Regular Meeting Page 7 of 14  F. Ordinance 2022-13, Yard Regulations - Open sky requirements, Second Reading - Community Development Department ity Attorney Tom Trask read Ordinance 2022-13 by title only: ORDINANCE 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. ommunity Development Director Linda Portal said the ordinance was approved by the lanning Commission and on first reading by the Board of Commissioners, and no changes were ecommended. She responded to questions and comments from the Board. ommissioner Hutson wanted confirmation that columns are allowed, and if sidewalks and stairs ould be infringed in some of the setbacks. irector Portal said stairs would not be in the setbacks. All accessory structures are considered a tructure by the Building Code and regulated individually within their own sections of the Code. ayor Hendricks opened to public comment. There were no public comments. ommissioner Hutson motioned to approve Ordinance 2022-13, yard regulations. Vice Mayor ndrews 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. G. Ordinance 2022-14, R-3 Zoning District, Second Reading- Community Development Department ay 11, 2022, BOC Regular Meeting Page 8 of 14 City Attorney Tom Trask read Ordinance 2022-14 by title only: ORDINANCE 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. Community Development Director Linda Portal said the ordinance was approved by the Planning Commission and on first reading by the Board of Commissioners, and no changes were recommended. She responded to questions and comments from the Board. Commissioner Kerr said it was brought to his attention that in Section 110-93, R-1, and R-2 would allow a residential structure to be elevated with the same footprint it had, but it was not allowed in R-3. Director Portal said R-3 is separately regulated. If there is any conflict, they would bring it back and go through it separately. Mayor Hendricks opened to public comment. 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 Kerr "YES" Commissioner Tagliarini "NO" Mayor Hendricks "YES" The motion carried 4-1. H. Ordinance 2022-15, Proposed Amendment to City Charter, Section 4.8 - Induction of Board of Commissioners into office; meetings - 1st Reading & Public Hearing - City Clerk May 11, 2022, BOC Regular Meeting Page 9 of 14  ity Attorney Tom Trask read Ordinance 2022-15 by title only: ORDINANCE 2022-15 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY OF MADEIRA BEACH A PROPOSED AMENDMENT TO CITY CHARTER SECTION 4.8, INDUCTION OF BOARD OF COMMISSIONERS INTO OFFICE; MEETINGS, TO PROVIDE THAT THE FIRST MEETING OF EACH NEWLY ELECTED MEMBER OF THE BOARD OF COMMISSIONERS FOR INDUCTION INTO OFFICE SHALL BE AT THE FIRST REGULAR BOARD OF COMMISSIONERS MEETING FOLLOWING THE ELECTION; AND BY PROVIDING FOR AN EFFECTIVE DATE. ity Clerk Clara VanBlargan reviewed the item and explained that the purpose of the endment is to avoid a conflict that might arise when newly elected members of the Board of ommissioners are inducted into office and when their term shall begin. ommissioner Kerr said when discussing it at the workshop, he thought they were going to emove the word "regular" so they could induct the new Board at the next meeting. The City lerk said it was up to the Board on what to do, and any changes made would need to go to the oters for approval. That is the purpose of bringing the ordinance forward in a public hearing. ommissioner Kerr said he would like to see it at a workshop or a special meeting, whatever the ext meeting is if it can be done. ayor Hendricks said part of the discussion was there were time constraints between the election d what happened to Commissioner Kerr, where it went for a recount and being able to do it at he next meeting, which would be a workshop. Because of time constraints, it was not feasible, nd that is why they discussed taking it to the first regular meeting. he City Clerk said they could not appoint their vice mayor at a workshop meeting. ommissioner Kerr said it was discussed that they might have to go a few weeks without a vice ayor. Vice Mayor Andrews said they could have a special meeting just for that. They talked bout having a special meeting when Clara is ready and making that their first meeting. It only equires a 24-hour notice. The City Attorney said they needed to follow the normal notice equirement to call a special meeting to do that. If they took out the word "regular" they could ave the special meeting. Vice Mayor Andrews said he would rather do it that way so that they an get down to business at the first regular meeting. ayor Hendricks said they could have a special meeting toward the end of the month of the lection to give the City Clerk time to get organized and get what is needed. He is happy either ay they do it. ice Mayor Andrews asked why the new Commissioners could not participate in the workshop eeting after being sworn in at the special meeting before the workshop. Commissioner Kerr , ay 11, 2022, BOC Regular Meeting Page 10 of 14 said that was his point. The City Clerk explained that per Section 2.2. of the City Charter, the term of office does not start until the first regular meeting following the election. Commissioner Tagliarini said if it does not provide the City Clerk enough time to prepare, he does not know why that would prevent them from participating in the workshop. He would like to have participated in the workshop as soon as he was sworn in. Commissioner Andrews said they could discuss it at the workshop to decide the language. The City Manager said a different section of the Charter stipulates when the term begins, which is at the next regular meeting. The section in the discussion states that the induction will take place in March. What he is hearing is that they would like to have the induction in March, as soon as they have the results and when the Clerk is ready, and then the term begins when inducted into office. They need to change two sections of the Charter to do that. In Section 2.2, they could change it to say that the term begins upon induction or whatever the language would be and in the other section, they would remove the word "regular" from meeting. That can be discussed at the workshop. The City Attorney said his advice would be to continue to a date certain of June 8, have the workshop meeting in between, and bring the ordinance back at the June 8 meeting to amend it or otherwise add something else to the ordinance. They could follow up from there. The other option would be to vote down the ordinance today and start from new. The Mayor said they could discuss it at the workshop and decide the route to take. The City Attorney said they could take the issue to the workshop but the ordinance to June 8. Mayor Hendricks opened to public comment. Bill Gay, 423 150th Avenue, said he was concerned there were only three members on the dais after the last election. He suggested bringing the new members on sooner for a smoother transition. Jean Farnan, 574 Johns Pass Avenue, asked if they could set a tentative meeting that could be canceled to induct the new Commissioners, so they do not have a gap again. The City Manager said the Charter had been changed two or three years ago to the current dates, which is why they were bringing it up because it caused the issues that came up. Vice Mayor Andrews motioned to move Ordinance 2022-15 to the June 8, 2022, BOC regular meeting. Commissioner Kerr seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Kerr "YES" Commissioner Tagliarini "YES" May 11, 2022, BOC Regular Meeting Page 11 of 14  Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. . UNFINISHED BUSINESS A. Resolution 2022-05, BOC Policy Handbook - Commission ity Attorney Tom Trask read Resolution 2022-05 by title only: RESOLUTION 2022-05 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA AMENDING THE BOARD OF COMMISSIONERS POLICY HANDBOOK; REPEALING RESOLUTION 2021-01, AND PROVIDING FOR AN EFFECTIVE DATE. he City Attorney said at the workshop meeting the Board asked that language be added egarding the usage of City issued devices on the dais and or in public meetings. The change was ade to reflect that. ice Mayor Andrews motioned to pass Resolution 2022-05. Commissioner Kerr seconded the otion. ayor Hendricks opened to public comment. There were no public comments. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Kerr "YES" Commissioner Tagliarini "YES" Commissioner Hutson "YES" Mayor Hendricks "YES" The motion carried 5-0. 0. CONTRACTS/AGREEMENTS B. Software Licensing Agreement with Aclarian LLC - Andrew Laflin, Finance Director ity Attorney Tom Trask reviewed the item. Staff recommended approval. ommissioner Hutson motioned to approve the software licensing agreement with Aclarian LC. Commissioner Kerr seconded the motion. ay 11, 2022, BOC Regular Meeting Page 12 of 14 Mayor Hendricks opened to public comment. There were no public comments. ROLL CALL: Commissioner Hutson "YES" Commissioner Kerr "YES" Commissioner Tagliarini "YES" Vice Mayor Andrews "YES" Mayor Hendricks "YES" The motion carried 5-0. 11. NEW BUSINESS 12. STAFF REPORTS Mayor Hendricks congratulated Recreation Director Jay Hatch and his staff on the job they did at the Grouper Gala on Saturday. A. City Manager's Report City Manager Robin Gomez reviewed the City Manager's Report for April 2022 and responded to questions and comments by the Board. Mayor Hendricks asked when the utilities undergrounding would start. City Manager Gomez said it might start in November 2022. Commissioner Kerr asked for future updates on Ordinance 2020-05. 13. AGENDA SETTING May 25, 2022, BOC Regular Workshop Meeting 1. Presentation - Trash Turtles 2. Discuss/Review - Commercial Setbacks (Ordinance 2022-06) 3. John's Pass Boardwalk and Village COP 4. Discuss proposed amendment to City Charter - District Commissioner occupying a district be elected only by the qualified voters residing in that District Commissioner's district Items added to the workshop agenda: Mayor Hendricks 1. Discuss Ordinance 2022-08 May 11, 2022, BOC Regular Meeting Page 13 of 14  2. Discuss Duke Energy Franchise Agreement ommissione r Hutson 1. Discuss O rdinance 2022-1 5 ;v ice Mayor Andrews 1. Discuss hours of alcohol sales rommissioner Kerr I. Discuss the interim C ity attorney situation 14. REPORTS/CORRESPONDENCE A. Board of Commissioners Commissioner Tagliari ni addressed Captain Hubbard's public comme nt regarding the environment not being affected by the impervious surface ratio. Commissioner Hutson announced the Gulf Beaches Public Library Director had resigned. There wi ll be a meeting o n Monday to begin plann ing on a replacement. Comm issioner Kerr said he would li ke the Building Department to investigate impervious pavers. Mayor Hendricks announced the dedication of the turtle lights o n June 8, 2022, World's Ocean's Day, at 4 :30 p.m. a t Archibald Park. B. City Attorney C. City Manager C ity Manager Gomez said the rack cards for the 75 th Anniversary were updated to include the re maining events for the year. D. City Clerk 15. ADJOURNMENT Mayor Hendricks adjourned the meeting at 3:30 p.m . Cl , , May 11 , 2022, BOC Regular Meeting Page 14 of 14