Board of Commissioners Regular Meeting Part 2

THE CITY OF MADEIRA BEACH, FLORIDA PUBLIC NOTICE BOARD OF COMMISSIONERS REGULAR MEETING MINUTES The Board of Commissioners of the City of Madeira Beach, Florida will meet 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. 6:00 P.M. WEDNESDAY, MARCH 16, 2016 COMMISSION CHAMBERS A. CALL TO ORDER – The meeting was called to order at 6:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE – COMMISSIONER TERRY LISTER C. ROLL CALL MEMBERS PRESENT: Travis Palladeno, Mayor Elaine Poe, Vice-Mayor Terry Lister, Commissioner District 1 Nancy Hodges, Commissioner District 2 Patricia Shontz, Commissioner District 4 STAFF PRESENT: Shane B. Crawford, City Manager (CM) Vincent M. Tenaglia, Assistant City Manager (ACM) Thomas Trask, City Attorney, (CA) Aimee Servedio, City Clerk (CC) Dave Healy, Planning Consultant (PC) Luis Serna, AICP, Planning Consultant (PC) Dave Marsicano, Public Works/Marina Director (PWMD) Doug Andrews, Events & Recreation Director (ERD) Sea Marshall-Barley, Support Specialist (SS) D. APPROVAL OF THE MINUTES 1. BOC WORKSHOP MINUTES JANUARY 26, 2016 2. BOC AGENDA SETTING MEETING FEBRUARY 9, 2016 3. BOC REGULAR MEETING FEBRUARY 9, 2016 A motion to approve the minutes as presented was made by Commissioner Lister and seconded by Commissioner Poe. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES E. APPROVAL OF THE AGENDA CM: Asked to remove Resolution 2016-14 from this meeting. This was applied for previously but he was advised by the Pinellas Planning Commission that the City would not have a likely chance of obtaining this grant. To avoid wasted time and materials, he asked the item A motion to approve the agenda as amended was made by Commissioner Hodges and seconded by Commissioner Lister. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 1 | 11  PRESENTATIONS/PROCLAMATIONS 1. PROCLAMATION DECLARING APRIL 2016 AS “DONATE LIFE MONTH” Mayor Travis Palladeno and Jennifer Krouse, LifeLink Foundation, Inc. Mayor Palladeno: Introduce the representative from LifeLink Foundation, Inc., Carlos Ruiz to accept the proclamation. The Mayor then read the proclamation in its entirety. Mr. Ruiz accepted the award and was grateful to the City for their support of this cause. 2. INDEPENDENT AUDITOR’S REPORT – FISCAL YEAR ENDED SEPTEMBER 30, 2015 John Houser, Wells, Houser & Schatzel, P.A. ACM: Introduced John Houser. Last summer, the finance department went through an RFP process to find a new audit firm to work with the City. Five proposals were received and Wells, Houser & Schatzel, PA was chosen through that process. He commended Mr. Houser for his very hands-on approach to the audit and will be under contract with the City for at least two more years. They have been working on finalizing the financial statements for the CAFR. The status of the CAFR is currently delayed. We have received our fourth consecutive award from GFOA for excellence in financial reporting. These are delayed due to a new standard issued by the Governmental Accounting Standards Board for pension accounting that cities were not previously required to report. The City, along with all other participating cities, is waiting on the reports from FRS. When all of the reports are received, the CAFR will be completed and the Board will formally accept it. John Houser: The audit field work was completed on February 4th and all the reports have been drafted and compiled to be presented tonight. The finalized reports are expected by April 30, 2016. No difficulties were noted during fieldwork for the audit. Corrected and uncorrected misstatements will be pointed out in the form of journal entries. The first is in regards to stormwater revenue bond were reclassified from budgetary revenues on a budgetary basis to long-term liabilities on a GAAP basis. Other than these two instances, they found the books to be in very good order. The report will state that the firm has completed the audit and that it is management’s responsibility to make their statements and it is the firm’s responsibility to make policy recommendations to the statements. We are pleased to report that there are no weaknesses in internal control nor any issues of noncompliance need to be reported. The City was in compliance in regards to the City’s investments. There will be a schedule in the CAFR and the remaining fund balance in regards to the BP Oil Spill settlement. The last report is the Independent Auditor’s Letter that determines if any findings in the prior year has been corrected. One item found from last year was corrected and is now in compliance. The report also requires the firm to perform financial performance procedures which takes five years of historical data and compare these to benchmarks from other similar cities (fund structure, population, taxable property values, etc.). There are only three other cities which share Madeira Beach’s standards. In conclusion, he thanks management and City staff for their assistance throughout this process. Mayor Palladeno: Commended the Assistant City Manager and applauded the Finance Department at the City. ACM: The Conditions Assessment Report were inconclusive, it is his job is to make the reports conclusive at least in meaning to the Board. He has several items he would like to share and introduce some of the finance topics that are scheduled to be discussed at the March 29, 2016 Workshop. The City is absolutely in a growth phase – there is a lot of new development, redevelopment, and many projects. The general fund operating expenditures has increased by 12.8% due to all of the growth, following last year’s increase of 8.4%. The liabilities have increased 125% due the borrowing for the undergrounding utility project and the stormwater project for a combined total of nearly $9 million in debt. The City also recently completed its fourth debt issue in 29 months – which means that this is occurring about every seven months. Government fund assets have increased 23.2%, due mostly to the City Centre facilities. One time revenues need to be addressed and should not be used for ongoing costs. Two contributions, ROC Park valued at nearly $1.2 million and the BP Oil Settlement in the amount of $580,000 were received this year. These funds will be set aside for a future project. 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 2 | 11 The millage rate was raised for the first time since 1989 which increased property tax revenue – which equated to an 18% increase. The City also raised the parking meter rate to $1.50 which added to parking and tourism growth rate that has increased The City reported a net position increase of 10%, followed by a 3% increase from the previous year. The theme for the next policy discussion and the 2017 budget will be how to adequately manage the growth and sustain the City for the future. In the next few months, the City will need to determine how it going to manage this growth. He will revisit the fund balance policy, introduce new policy concepts, and begin preliminary Fiscal Year 2017 discussion all aimed at finding the best approach to have long term sustainability. F. PUBLIC COMMENT – LIMITED TO THREE (3) MINUTES Steve Kochick: With the budget coming up, he would like to bring up the idea to incorporate solar energy at the City Centre. He mentioned the funds from the BP Oil Spill Settlement and believes that these funds should be invested in something positive for the City. He also wanted to thank the citizens of the City for their high turnout for the election and is in favor of the outcome. He mentioned that some concerns he heard were in regards to the Mark Marrow: He wants to comment on the financial numbers that were discouraging. He has been in the City for forty years and the City has not had such a commendable finance director. He also wanted to comment on the referendum ballot language. He believes that the language was misleading because the super majority was mentioned but the current charter language allows for a referendum to sell City property. He accused the Board of knowing what they were doing with this language and should be embarrassed that it failed. These are the same people that voted this Board and he does not think this is right. One of the reason that he voted against this is due to the Board’s business knowledge. He also noted that this same Board also voted for the City Manager to have seven weeks of vacation, who can then turn that vacation in if it is unused. Robert Shaw: He thinks it is good to remind people that we have a representative form of government. We could go to a referendum form of government, but that would not be efficient. We either trust the Board we elected or don’t trust them in which case he would vote to replace them. He trusts this Board and believes in representative government. Doreen Moore: She is also extremely disappointed in the Board. She also disagrees with the City Manager’s comment asking “where were we” in the Tampa Bay Times. She is disappointed in the lack of education that was originally promised in the early phases. Mayor Palladeno: We did have an educational meeting and no one showed up. Pete Trott: He wants to commend the population of the residency in that they didn’t understand the referendum and voted against it. What you are doing is giving power to people that aren’t even here yet – they need to think of any future ramifications such decisions will have. Renee Crup: She is new to the process but has lived in the City for eight years. If you provided a meeting and no one came, then this was a failure on the Board. It is their responsibility to ensure that the information is presented to the people and a forum is available. It is very difficult to do business with this Commission and often times, if you do get a voice to talk to, you are sent to voicemail. The people shouldn’t have to dig and hunt down information. G. CONSENT AGENDA 1. AUTHORIZATION OF EXPENDITURES TO FIREWORKS DISPLAY UNLIMITED, LLC IN THE AMOUNT OF $26,000 FOR FOURTH OF JULY FIREWORKS SHOW. 2. AUTHORIZATION OF EXPENDITURES TO CLARK SALES DISPLAY, INC. IN THE AMOUNT OF $30,670 FOR HOLIDAY DECORATIONS. A motion to approve the consent agenda was made by Commissioner Lister and seconded by Commissioner Hodges. CM: These are two budgeted items. The first item is in regards to the fireworks and the City did receive the anonymous donation of $5,000. The second item is in regards to the holiday lights, and we need to keep in mind that with the 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 3 | 11 undergrounding, there may need to be some adjustments to the holiday decorations depending on where the project is at that time. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES H. CONTRACTS/AGREEMENTS – NONE I. UNFINISHED BUSINESS – NONE J. NEW BUSINESS 1. AUTHORIZATION OF GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST ADOPTION AGREEMENT WITH ICMA RETIREMENT CORPORATION Vincent M. Tenaglia, Assistant City Manager ACM: This item is regards to a new IRS requirement. We need to meet the IRS requirement by April 30, 2016 and recommends bringing this topic back up during a Workshop meeting to re-evaluate the plan. A motion to authorize the Governmental Money Purchase Plan and Trust Adoption Agreement with ICMA-RC was made by Commissioner Shontz and seconded by Commissioner Poe. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES 2. ORDINANCE 2015-18 A FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING CERTAIN REAL PROPERTY GENERALLY DESCRIBED AS 555 150th AVENUE AND 565 150TH AVENUE FROM, MARINE COMMERCIAL (C-4) TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. The CA read Ordinance 2015-18 by title only. A motion to approve the first reading of Ordinance 2015-18 was made by Commissioner Lister and seconded by Commissioner Hodges. Several pieces of evidence were presented tonight at the public, quasi-judicial hearing including ex-parte communications, submitted and revised applications, the City staff report, and resumes of the parties who gave testimony. Those items are attached to the minutes. CA: This is a quasi-judicial process and this will be a more formal approach. He will explain the steps of the process as this item is presented and discussed. The parties are as follows: C&T Enterprises, MMH Enterprises, and the City. There were three notices of intent were presented to the City Clerk’s office on March 11, 2016 but were not received in a timely manner. The three notices were filed by Peter Trott, John Lipa, and Bill Gay. The CA then read all public ex-parte communications specifically related for this project. These communications have been attached to the minutes and will serve as public record of the communications presented at this meeting. A short recess was called at 8:30 p.m. and the meeting was reconvened at 8:40 p.m. Katie Cole: As Mr. Trask advised, this is a quasi-judicial hearing and the first step is the disclosure of ex-parte communication. The disclosure prevents any She noted that Vice-Mayor Poe had an additional meeting in December with the developer that she wants to ensure is entered into record. The applicant is not seeking to ask the Vice-Mayor to recuse herself based on communications that 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 4 | 11 alluded to her opposition to the project with the understanding that any decision that the Board make tonight is based solely on the evidence presented tonight. The initial and revised applications have been submitted to the City and entered into record. The mayor accepted the initial and revised applications into evidence and directed Attorney Cole to proceed. Katie Cole: Where did this idea come from and why does it fit with the City. To facilitate the development of privately owned property – the use of the intensity and density was additionally amended recently and reviewed by the Pinellas Planning Council. There is extensive public property in the Town Center Plan and existing new condominium development. Mr. Holton’s property is one of the properties in the 150th Avenue area. Ed Hooper: Based on the disclosure of ex-parte communications, there was a lot of information heard. The City established a vision with the Town Center Special Area Plan, and in that plan the City specified how the eastern entrance of the City would appear. He noted that the applicant did not request the meetings in the December timeline, but they worked with City staff to accommodate their schedule. This process began much earlier in 2015 and he assures that nothing has been rushed or attempted to be pushed through. Mr. Holton’s family has owned the property in question for nearly fifty years. Based on what the City’s code allows for maximum density, what is presented today is only 47% of that maximum. This project is also 42% of the bulk of what is allowed in the area. Four of the five buildings have been lowered and 22% of the rooms have been decreased. We are not only meeting the code, but not coming close to the maximum. Mr. Holton also intends to live on this four acre property once the project is completed. Istvan Peteranecz and Robert Pergolizzi submitted their resumes to the City Clerk. The applicant has strived to ensure that landscaping and aesthetics of which the City would be proud. He now introduces Istvan Peteranecz: Registered architect for thirty-five year now. He is here to talk about Section 2, the Site Plan Provision. The goal was to cater to the daily and weekly guests, as well as full-time, on-site residents. An architecturally consistent design also hides cars, incorporate a mixed-use feel, and take advantage of the marina and boat access of the property. Concealed parking, garage and service areas, and a continuous fifty foot wide promenade, a residential condominium building in three separate structures, a residential condo with seven stories above parking, a condo with six stories above two levels of parking, and a 200 seat restaurant. As much view and open land as possible was incorporated into this design. As you approach over the bridge, the marina, promenade, and pedestrian activity will be visible. The pedestrian experience was a big goal of this design. An under-bridge connector and promenade along the marina and perimeter of the site is also included. The site is significantly lower than the apex of the bridge and allows for space between the buildings in order to avoid a fortress effect. The vision is to create a creative mixed used design based on the Town Area Plan. Robert Pergolizzi: Certified planner and has 28 years of experience preparing transportation studies. The existing conditions on 150th Avenue operates at a level of service C. Based on the reduced plan, the project is projected to operate at a D-level. We did not take into account any internal capture. Internal capture accounts for any internal traffic interchanges within a mixed-use area. In the event of a hurricane or tropical storm event, the notice is given early and any evacuation would be in one direction on a bridge that will not go up. Katie Cole: Pictures that were in the packet are now presented in front of you. In 2014, amendments to Land Development Plan was made to require a Planned Development Application and enter into a development agreement to specify what the project will look like. The conditions of approval were generated by the City staff and include the responsibility to relocate utilities as necessary and public utilities remain unobstructed, permits are properly obtained and various city departments have final approval on the submittal. The parking is provided in its entirety, it is important to note that 100% of the minimum required by code. 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 5 | 11 CA: If there are no questions from the Board, the next stage would be for Mr. Healy and Mr. Serna to present on behalf of the City via their staff report. Dave Healy and Luis Serna, submitted their resumes to the City Clerk and gave the City’s staff report. Dave Healy: Has 47 years of experience in planning and has been in Pinellas County for the last 38 years. He is going to explain some of the chronology of this project and put all these details in context. In 2001, the initial discussions began on the Town Center Special Area Plan. A series of public meetings dating back nearly fourteen years to get this plan approved. The requirement from the state made the process become much more intense during the time period between 2006 and 2007. This work culminated in the 2008 Comprehensive Plan that allowed for a new division known as Planned Redevelopment Mixed Use. The intent of the creation of a new district was established. In 2009, this intent was used to create the Special Area Plan that is required to be adopted at the City and county level. At the same time this was put into place, the nation saw the downturn in the economy and development was halted. In 2012 it was investigated as to why there had been no plans or developments in this time. A series of amendments in 2014 were designed to work in tandem with the three parts of the process that spoke to those amendments. These amendments allowed: increase in density to temporary lodging only, the next one amended the code to agree with the plan to require for any rezoning to use this planned development technique in which a rezoning required a strict development agreement, and the last amended the Town Center Plan to create a vision that united the Madeira Way area to the entrance to the City from the causeway. Luis Serna: He focused on five main criteria that is considered in regards to planned development considerations. These include: consistency with the comprehensive plan, land use compatibility, adequate public facilities, public interest, and consistency with land development regulations. A more detailed breakdown of the criteria considered and how the proposed projected meets these requirements is included in the City’s staff report that is entered into evidence. The mayor accepted the City Staff Report as evidence and opened public comment. Jeff Brown: He knows very well the concerns of the residents regarding building height. He believes that as more people come to the area and new visitors will be mostly parked and will walk back and forth to the beach. He does have fears about the traffic but believes that benefits outweigh the costs and commends Mr. Holton for adjusting the original design to accommodate some of the residents’ concerns. Che Berry: Has been in this community for the last 35 years. He knows Mr. Holton and knows that he has grown up in this area with his family. He invested enough money to do something great with this property and something good for this community. Corey Hubbard: Has moved back to the area recently and finds some of the comments that accuse the City and develops of opacity in regards to the process. Many of the comments are repetitive. This project will mean a growth in local business. She is a proud descendent of a family that has been in the area since the 1920s. Her children and generation will be living in this area and she is in favor of the project. Nancy Briner: She has been a resident for 37 years and a resident of the Gulf Beaches for 58 years. She read a quote from the Mayor of Indian Rocks Beach that made the point that it is important for a Mayor to understand why people move to a certain beach. The City needs developing but it is her wish that would find a plan that works for the merchants and keeps residents safe and happy too. The referendum shows what the citizens think of this Commission Jeff Beggins: He commends the Board for looking at the project as they are and commends Mr. Holton for his role in this project. He could have taken the check and run, but he has been accommodating. This will not be Clearwater since this level of density only applies to this small sliver of land. Robert Preston: The message is clear that residents want this project reduced. If this is approved, could the attorneys sue the City to ask for higher stories that would be allowed? Peter Trott: There are a few things that just don’t seem to fit. We are here for a rezoning and we are out-lawyered and out-represented. This land was zoned for a C-3 and the $250,000 plan allowed for that – they want a PD and are basically saying the City wasted its money. The rest is minutia. If we spent the money to have the plan zoned in this way, why would we ignore that? If you allow this, you may not be back. 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 6 | 11 Peter Irving: This will tie the hands of their future commissioners for twenty years. The Commission really needs to consider how this will not only affect the current Board and residents, but the impact that something of this magnitude could have in the future. Ginger Tolliver: This is too much all at once. She doesn’t care what the traffic department has to say, but a C-level is not passable and the new D-level is even worse. Sam Baker: Owner for 26 years and a resident for 18 years. There is not one development project under consideration right now, but two. The traffic will be impacted by the additional project. He does not think the City should pay a dime on this project, it should be completely up for the developer. He would suggest a City-wide survey, but that was covered in the emails – only two were in favor. I don’t think we need to add 25% more population. Captain Mark Hubbard: He grew up in this city when there was no sidewalk nor drainage. Gulf Boulevard started getting developed and there were always naysayers. This is the same thing happening now. The Board is doing their homework and the property owner is doing his homework. This project will be great for the economic impact and will in turn be beneficial for the residents. The greenery, the sidewalks, the development of water taxi to alleviate some traffic. Shirley Nelly: Wanted to thank the Board and her favorite Mayor for all of the work they have done for the City. A few years ago, Mr. Hubbard has the same resistance for the parking garage in John’s Pass and now it is wonderful to watch the sunsets. She believes that Mr. Holton is doing a wonderful thing for the community and it will be a beautiful site. Jim Everett: Is a resident, does not own a business, and serves on the City’s Planning Commission. What we have right now on Madeira Way is not exactly Rodeo Drive. These projects are needed and will provide nearly $500,000 in added property tax revenues. He believes that this will be a great entrance to the City. There are not a lot of residents who were born and raised here. Reese Noran: In the thirty years he has seen changes to the City, those changes have only added to the beauty of the City. This is the place that he and his wife have lived and he wanted to thank the City Manager and his crew for all of their work. The Board has to strike a balance between progress and the status quo. Change will come – some are good, some aren’t, but he believes that this is a positive. Brian Nelson: He believes that this project should be denied and to quote the City Manager, the clay should be stepped on and started from the beginning. The two greatest attributes are the ease of access to the beach and the quaintness of the town according to Trip Advisor. We are vastly different from Clearwater and even Treasure Island. The height was increased way higher than the established norm similar to asking for an increase to the speed limit on Gulf Boulevard to seventy miles per hour. The City is not Clearwater and we do not want the added congestion. If this is approved the government will have listened to the voice of the developers, not the people. Steve Kochick: This has been a long time coming with the plan – which was misquoted and cost $25,000, not $250,000. When he was part of this process, he was against condominiums and the goal of this plan was to increase hotel density, not condo density. These projects are supposed to be for tourists in a residential area. This building is not tall, and anything after three stories doesn’t make a huge difference. He is in favor of something higher and thinner than shorter and wider. Get the people involved and get the people out to give their input to avoid discontent. Once that development agreement is made, is that if it is changed the buildings will have to come down since it is written in stone. Doug Speeler: His son has lived for many years in Madeira Beach and he does a lot of business in the City. We just went through the worst recession we’ve ever been in (short of the Great Depression), and many cities are going broke. He admires the staff for having a thriving municipality. Madeira Beach has become a waterfront destination, but think if what community and has the amenities to offer that Madeira Beach does. Rob Locktell: It has been a pretty consistent theme that a vast majority is in favor of development but not in development of this size. You can quote studies for FDOT, and he’s sure that Clearwater did the same process, and look what they are stuck with. At the January 11, 2016 Planning Commission, twenty people were concerned and only five were in favor. The February 8, 2016 Minutes were a cop-out and only mentioned that several comments had concerns. He is also concerned over the additional marine traffic. The referendum vote is a clear sign that there is concern of what the commission would do if they had the power. These two projects are being ignored. CA: The next section of the hearing will allow the parties to make rebuttal statements to any issues that were brought up in the public comment section of the meeting. 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 7 | 11 Katie Cole: With respect to Mr. Trott’s concern for the plans changing after approval, there is a requirement to not change the approved plan in the form of the development agreement that will be heard at the next hearing. She also stressed that this hearing tonight is only in reference to one project that began last summer and not connected with any other development projects. The impact fees are paid by all developers or any commercial project that pulls a building permit. The fees are paid to the county then fifty percent is refunded back to the City. These funds are then applied to specific areas. These are not General Fund or City dollars being used. Dave Healy: There is a misconception that once the rezoning occurs, the developer can do what they want. That is not the case, the development agreement locks them into the plans that were approved. The impact fees must be spent on projects within a close area around the development to improve the area that may be impacted in some way. This money cannot be spent freely by the City. Katie Cole then made her final summary. Katie Cole: Rezoning hearings are not based on public opinion; decisions are based on fact and evidence that has been presented. The evidence heard must be weighed in regards to the evidence presented by the parties present. Commissioner Poe: Noted that the item just for the rezoning ordinance in this packet was one of the worst that the Board has ever been presented – the attached evidence was difficult to read, numbered irregularly, and incomplete. The applications for the project review were not notarized and dated consistently. She does not feel that she has been given enough time to go over all of the information – we need the complete information. She attempted to call a motion for a continuance of this item but did not receive a second. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………NO Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES 3. ORDINANCE 2016-02 A FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING SECTION 82-2 OF THE CODE OF ORDINANCES TO CREATE A DEFINITION FOR “RESIDENTIAL PROPERTY”; AND PROVIDING FOR AN EFFECTIVE DATE. The CA read Ordinance 2016-02 by title only. A motion to approve the first reading of Ordinance 2016-02 was made by and seconded by ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES 4. ORDINANCE 2016-03 A FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES TO CREATE AN ARTICLE PROHIBITING AND REGULATING THE OVERNIGHT ABANDONMENT OF PERSONAL PROPERTY ON THE PUBLIC BEACHES OF THE CITY AND TO BE COMMONLY REFERRED TO AS “MADEIRA BEACH LEAVE NO TRACE ORDINANCE”; AND PROVIDING FOR AN EFFECTIVE DATE. The CA read Ordinance 2016-03 by title only. CM: The additional impact is what he is concerned about. He is going to be a little bit lax on this enforcement until public knowledge and meetings with condos associations can be done. Deputy Luckett explained that the deputies are planning on creating flyers to distribute for education. CA: The rental properties will also be responsible for notifying the renters of this ordinance and the provisions it lists. A motion to approve the first reading of Ordinance 2016-03 was made by Commissioner Shontz and seconded by Commissioner Poe. 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 8 | 11 ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES 5. ORDINANCE 2016-04 A FIRST READING OF AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES TO CREATE A SECTION PROVIDING FOR UNOBSTRUCTED USE OF PUBLIC DOCKS AND BOAT LAUNCHING RAMPS AND RESTRICTIONS TO THE SECURING OR TYING OF VESSELS TO PUBLIC PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. The CA read Ordinance 2016-04 by title only. A motion to approve the first reading of Ordinance 2016-04 was made by Commissioner Shontz and seconded by Vice- Mayor Poe. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES 6. RESOLUTION 2016-12 AMENDING THE FISCAL YEAR 2016 BUDGET BY INCREASING LOCAL OPTION SALES TAX FUND EXPENDITURES IN THE AMOUNT OF $110,000; AND PROVIDING FOR AN EFFECTIVE DATE. The CA read Resolution 2016-12 by title only. A motion to approve Resolution 2016-12 was made by Commissioner Lister and seconded by Commissioner Hodges. CM: At the last workshop, it was directed that staff would proceed if Mr. Karns was able to work out an agreement with Mr. Speeler and this has occurred. Mr. Karns has agreed to fund the other half of the project. Right after this resolution is the authorization. Guy Critelli: He approves the dock, but he does not approve how it is happening. There are other areas that need attention as well, what about Pelican Lane? He felt he was failed by the Commission. He wants to see the beautification around John’s Pass and in other areas of the City. Mayor Palladeno: Asked that this item for enclosing the dumpsters on Pelican Lane could be added to the next workshop for further discussion. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES a. AUTHORIZATION OF EXPENDITURES AUTHORIZATION OF EXPENDITURES TO SPEELER FOUNDATIONS, INC., IN THE AMOUNT OF $110,000, FOR FISHING PIER CONSTRUCTION. A motion to authorize the expenditure to Speeler Foundations, Inc. in the amount of $110,000 was made by Commissioner Lister and seconded by Commissioner Hodges. CA: The third page of the contract in regards to liens will need to be removed before execution of this agreement. He has made similar recommendations to Mr. Speeler in the past and Mr. Speeler acknowledged the change. It is also noted that the execution of this contract is contingent on an agreement submitted by Bill Karns to pledge half of the project funding. ROLL CALL: 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 9 | 11 Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES 7. RESOLUTION 2016-13 A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FLORIDA BOATING IMPROVEMENT PROGRAM FUNDS ADMINISTERED BY THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, TO ASSIST WITH THE CREATION OF NEW PUBLIC TRANSIENT BOATING FACILITIES AT THE CITY CENTRE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. The CA read Resolution 2016-13 by title only. A motion to approve Resolution 2016-13 was made by Vice-Mayor Poe and seconded by Commissioner Hodges. CM: The next item was removed and he is working with the Pinellas Planning Council on these grant applications. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES 8. RESOLUTION 2016-14 A RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FLORIDA BOATING IMPROVEMENT PROGRAM FUNDS ADMINISTERED BY THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, TO ASSIST WITH THE CREATION OF NEW PUBLIC TRANSIENT BOATING FACILITIES AT JOHN’S PASS VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Item J-8 was removed during the Approval of the Agenda. 9. AUTHORIZATION OF EXPENDITURES AN AUTHORIZATION OF CHANGE ORDER TO INCREASE CPWG PURCHASE AGREEMENT NO. 15000232 IN THE AMOUNT OF $110,434 FOR GULF BOULEVARD IMPROVEMENT PROJECT ADDITIONS. A motion to authorize the expenditure for a change order to increase CPWG Purchase Agreement No. 15000232 in the amount of $110,434 was made by Vice-Mayor Poe and seconded by Commissioner Shontz. CM: This item was previously discussed in the Special Workshop. There is no additional information that needs to be heard at this meeting. ROLL CALL: Commissioner Lister……………………….…………YES Vice-Mayor Poe…..…………………………YES Commissioner Hodges……………………….………YES Mayor Palladeno…………………………….YES Commissioner Shontz……………………..………...YES K. REPORTS/CORRESPONDENCE  CITY COMMISSION Mayor Palladeno: A Gulf to Bay tourism publishing is being added to the Sunday New York Times. The City is featured and the number one festival in Pinellas County is the John’s Pass Sea Food Festival. The TDC also changed some language in the 60/40 is going to be spent on advertisement and the rest on infrastructure. Funds will now be spread throughout the county and not just focused on one project.  CITY ATTORNEY CA: Because the referendum was defeated, the persons who filed the lawsuit were contacted and have agreed to withdraw that lawsuit as soon as the vote has been certified by the Supervisor of Elections.  CITY MANAGER 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 10 | 11 CM: There was a possibility of not having a quorum at the next Planning Commission Meeting so the date has been rescheduled from April 11, 2016 to April 28, 2016. This will be advertised on the website and the City sign. The update on the undergrounding is going slowly and we will present a significant financial update. We also received a $350,000 state appropriation that was earned through a lobbyist and the mayor’s contacts. This will be used for lighting in John’s Pass. The Mayor added that Kathleen Peters, this area’s state representative was also involved in obtaining these funds.  CITY CLERK – None L. ADJOURNMENT – The meeting was adjourned at 11:00 p.m. Date approved: April 12, 2016 _____________________________________________ Travis Palladeno, MAYOR ____________________________________________ Submitted by Sea Marshall-Barley, Support Specialist Attachments Submitted to Public Record:  Holiday Isle Marina Application Package…………………………………….…………………………………………………. 1 o Original Applications Submitted in September 2015………………………………………….……… 1 o Revised Applications Submitted in January 2016……………………………………………..……….. 11  Resumes Submitted by Witnesses…………………………………………………………………….…………………………… 19 o Luis N. Serna, AICP, LEED AP BD+C……………………………………………………………………………..19 o David P. Healy, FAICP…………………………………………...…………………………………………………….22 o Robert C. Pergolizzi, AICP, PTP………………………………………………………………………………….. 23 o Istvan Laszlo Peteranecz……………………………………………………………………………………………. 27 o Timothy Clemmons, AIA LEED AP………………………………………………………………………………. 29  Ex-Parte Communications…………………………………………………………………………………………………………..… 30 o Emails from Residents on Holiday Isle Project…………………………...……………………………….30 o Emails from Supporters of Stop Tall Buildings…………………………………….………………………156 o Ex-parte Communication from Commissioner Nancy Hodges……………………………………. 164 o Ex-parte Communication from Vice-Mayor Poe………………………………………………………… 174 0 3 / 1 6 / 2 0 1 6 B O C R e g u l a r M e e t i n g , 11 | 11  THE CITY OF MADEIRA BEACH, FLORIDA PUBLIC NOTICE LOCAL PLANNING AGENCY PLANNING COMMISSION AMENDED AGENDA The Planning Commission, serving as the Local Planning Agency of the City of Madeira Beach, Florida will meet at the Madeira Beach City Centre Commission Chambers located at 300 Municipal Drive, Madeira Beach, FL 33708, to conduct Public Hearings on the following City business. 7:00 P.M. MONDAY, JANUARY 11, 2016 COMMISSION CHAMBERS A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF THE MINUTES – November 19, 2015 E. NEW BUSINESS 1. TO CONSIDER THE APPLICATION FOR THE REZONING OF 555 150TH AVENUE AND 565 150TH AVENUE FROM C- 4 MARINE COMMERCIAL TO PD PLANNED DEVELOPMENT. 2. TO CONSIDER THE APPLICATION FOR ENTERING INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MADEIRA BEACH AND HOLIDAY ISLE MARINA. F. PLANNING COMMISSION DISCUSSION G. OLD BUSINESS H. REPORTS  CITY ATTORNEY  PLANNING AND ZONING DIRECTOR I. NEXT MEETING J. ADJOURNMENT 1 2 3 4 5 6 7 8 9 10  THE CITY OF MADEIRA BEACH, FLORIDA PUBLIC NOTICE LOCAL PLANNING AGENCY PLANNING COMMISSION The Planning Commission, serving as the Local Planning Agency of the City of Madeira Beach, Florida will meet at the Madeira Beach City Centre Commission Chambers located at 300 Municipal Drive, Madeira Beach, FL 33708, to conduct Public Hearings on the following City business. 7:00 P.M. MONDAY, FEBRUARY 8, 2016 COMMISSION CHAMBERS A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF THE MINUTES – JANUARY 11, 2016 D. NEW BUSINESS 1. TO CONSIDER HAVING THE PLANNING COMMISSION MEET TWICE A MONTH E. OLD BUSINESS 1. CONTINUANCE TO CONSIDER THE APPLICATION FOR A SPECIAL EXCEPTION USE FOR A STANDALONE ATM AT THE CVS LOCATED AT 15129 MADEIRA WAY. 2. CONSIDER THE APPLICATION FOR THE REZONING OF 555 150th AVENUE AND 565 150th AVENUE FOR C-4 MARINE COMMERCIAL TO PD PLANNED DEVELOPMENT. 3. CONSIDER THE APPLICATION FOR ENTERING INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MADEIRA BEACH AND HOLIDAY ISLE MARINA F. PLANNING COMMISSION DISCUSSION G. REPORTS  CITY ATTORNEY  PLANNING AND ZONING DIRECTOR H. NEXT MEETING I. ADJOURNMENT 11 12 13 14  *Page numbers corrected to account for page added to answer the response criteria* C I TY OF M A D E I RA B EA C H 300 MUNICIPAL DRIVE • MADEIRA BEACH, FLORIDA 33708 PHONE (727) 391-9951 • FAX (727) 395-9361 www.madeirabeachfl.gov REZONING APPLICATION FOR PLANNED DEVELOPMENT [8J Zoning Cha1111e ..."............."..............,-.............- .................$1,00().00 [XI Land Use Change .............- .........".''''''"..............................$1,CJC)(J.OO •(If Applicant Is NOT the property owner, signed and notarized authorization of this rezoning appllcatlon from the land owner must be submitted with the rezoning application materials) •Applicant: Name and Address *Proi:terty owner: Name and Address James Holton James Holton C&T Enterprises INC. & MHH Enterprises INC., C&T Enterprises INC. & MHH Enterprises INC., C&T: 9800 4th St N Ste 400, Madeira Beach FL 33702, C&T: 9800 4th St N Ste 400, Madeira Beach FL 33702, MHH: ISO IS3rd Ave Ste 203, Madeira Beach, FL 33708 MHH: ISO IS3rd Ave Ste 203, Madeira Beach, FL 33708 Telephone: 727-399-0040 Telephone: 727-399-0040 Application for the property located at: (Street Address or location of the vacant lot) 555 & 556 l SOth Street, Mad~ira Beach, Florida 33708 Legal Description: See Attached Exhibit - Sheet Al 00 Approximate Lot Area: 4.59 AC Width: 609 ft. Depth: 331 ft. Present Use: Marina, Wet and Dry slips, Vacant Commercial Land, Proposed use: Planned Development of a 150 key Hotel, 122 Key Condo Hotel, 68 condominium units, 25,000 square feet of Commercial, Marina slips, and associated parking. •PLEASE attach required supporting materials (I.e. Survey, Narrative Response to the criteria upon which a rezoning to Planned Development is determined (see attached page), and any other materials the applicant wishes to present.• Page 1 of 4 Pase l sfa 15  *Page numbers corrected to account for page added to answer the response criteria* ALL REZONING APPLICATIONS FOR PLANNED DEVELOPMENT DISTRICT SHALL SUBMIT A RESPONSE TO THE CRITERIA LISTED BELOW 1. Consistency with the comprehensive plan. All zoning district assignments shall be consistent with the comprehensive plan, including the future land use map and future land use element goals, objectives and policies. The zoning district assigned shall be consistent with the land use category of the future land use map. The Pinellas Countywide FLUP and Madeira Beach Special Area Plan, require the PD category to be used for proposed large scale, mixed use developments in this district. Among the goals of this plan are to : • Create a unique sense of place for the Town Center, and create a sense of arrival for those entering the area • Promote a wide variety of uses to create an activity center for both local residents and tourists. • Sets a standard for urban design so that new development and redevelopment in the Town Center contributes to the public realm. • Increase the number of temporary lodging units (and maintain existing residential units in the Town Center that have the quality characteristics included in the Special Area Plan. • Improve pedestrian and bicycling access to all major destinations within the Town Center, including the parks, the beach, retail properties and civic destinations. 2. Land use compatibility. The assigning ofzoning districts shall promote the compatibility of adjacent land uses The redevelopment of this property will set a standard and promote redevelopment of older properties in a manner that contributes to the quality of urban design in the Town Center. The adjacent parcels are also in the PD category per the FLUP. As a mixed use project, this proposal includes marina components, waterfront retail/ restaurant, in addition to the residential and tourist accomodation uses, thus maintaining the local waterfront I tourist focused character while adding additional uses desired by the Madeira Beach Special Area Plan. DISCLAIMER: According to Florida Statutes, Chapter 119, it is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency. All documents and information not specified in F.S. 119.071 and 119.0713 are subject to public record requests. Page2of ~ Page 2 of4 16  *Page numbers corrected to account for page added to answer the response criteria* 3. Adequate public facilities. The assigning of zoning districts shall be consistent with the public facilities available to set the types of uses allowed in the proposed zoning district. The level of service standards shall be considered in assigning zoning districts and there shall be reasonable assurance that the demand for services allowed in the proposed zoning district can be met. Per the Madeira Beach Special Area Plan and the FLUP, a higher intensity of use is anticipated for this area and improvements and increases in the capacity of the public facilities is planned. The City planning and management staff indicated that there is adequate sewer and water capacity to handle this scope of a project. 4. Public interest. Zoning district designations shall not be in conflict with the public interest and will promote the public health, safety and welfare. This plan addresses the goals and requirements of the Madeira Beach Special Area Plan with spacial regard to promoting public welfare and safety, The design of this plan takes special care to create a pedestrian friendly streetscape and for providing an open and vibrant environment. The plan provides for good land planning design in the pedestrian access to the water's edge, adequate and clear and safe wayfinding, and a good separation between, pedestrians, guest and resident vehicular travel and parking, and service and loading access. The facility will also meet all required building and zoning codes. s. Consistency with Land Development Regulations. Zoning district designations shall be consistent with the purpose and intent of these Land Development Regulations The proposed plan has been designed under the current LDRs, to the extent that the extant requirements apply. Because this is a PD application in a PD zone, this plan will be reviewed by the required local and state authorities for compliance with current LDR requirements and any requests or variances not in the current requirements will be adequately vetted and codified. DISCLAIMER: According to Florida Statutes, Chapter 119, it is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency. Alt documents and information not specified in F.S. 119.071 and 119.0713 are subject to public record requests. Page 3 of 4dl- Page 3 of 4 17  *Page numbers corrected to account for page added to answer the response criteria* CERTIFICATION I hereby certify that I have read and understand the contents of this application, and that this application, together with all supplemental data and information, is a true representation of the facts concerning this request; that this application is made with my approval, as owner and applicant, as evidenced by my signature below. It is hereby acknowledged that the filing of this application does not constitute automatic approval of the request; and further, If the request is approved, I will obtain all the necessary permits and comply with all applicable orders, codes, conditions, rules and regulations pertaining to the subject property. I have received a copy Ordinance 1040 (attached}, read and understand the reasons necessary for granting this application and the procedure, which will take place the ic Hearing. Date: I· I"i, .il<> II.,_ Property owne(s signature: ~~- Before me, this / ~ day of ,.JDl(o appeared in person '1 ~;-._-11.A~ ~"' (name of property owner) 3\l) who , being sworn, deposes and says that the forgoing is true and correct certification. STATE OF FLORIDA COUNTY OF PINELLAS- NOTARY SIGNATURE 1 - - ----- I Personally Known to me: Commission Expires: Stamp Identification Taken: c.HWER MY COMMSSIQt t FF 1158557 EXPIRES: OIClmb9f 27, 2017 bdld 1hnl NllllrJ l'IIIIC UNltlMllln NOTICE: Persons are advised that, if they decide to appeal any decision made at this hearing, they will need a record of the proceedings, and for such purpose, they 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 tobe based. 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