Commission Meeting

BOARD OF COMMISSIONERS TOWN OF REDINGTON SHORES REGULAR MEETING WEDNESDAY, JANUARY 10, 2024 - 6:00 P.M. AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. OATH OF OFFICE FOR NEWLY APPOINTED COMMISSIONERS 1. Lisa Hendrickson – Mayor Commissioner 2. C.J. Hoyt – Commissioner District 2 E. CONSENT AGENDA 1. MINUTES – Approval of: Regular Meeting – December 13, 2023, Special Meeting – December 27, 2023 F. APPEARANCES AND PRESENTATIONS 1. Recognition of Recently Retired Commissioners 2. Chief Rick Swan, Indian Shores PD – Recognition for Charity Toy Drive 3. Chief Clint Belk, Madeira Beach Fire Rescue Update 4. Interim Chief Bill Morelli, Seminole Fire Rescue Update G. OLD BUSINESS 1. Second Reading of Ordinance No. 2024-01 Amending 140-12 Regarding Parking Fines of the Town Code. H. NEW BUSINESS 1. Appointment of Mark Vasquez to the Position of Building Official 2. Vacancies in Districts 1 and 3 Commission Seats 3. Vacancy/Appointment - Planning & Zoning Committee 4. Vacancy/Appointment – Parks and Recreation Committee 5. Appointment of Mayor Commissioner Hendrickson to the Barrier Islands Governmental Council (BIG-C) 6. Appointment to Gulf Beaches Library Board 7. Interlocal Agreement with Redington Beach for Building Department Services I. MISCELLANEOUS Workshop Meeting- Wednesday, January 24, 2024 – 6:00 P.M. Regular Meeting- Wednesday, February 14, 2024 – 6:00 P.M. J. COMMISSION REPORTS 1. Mayor Commissioner Hendrickson 2. Vice Mayor Commissioner Licata, District 4 3. Commissioner Hoyt, District 2 4. [VACANT], District 1 5. [VACANT], District 3 6. Town Attorney 7. Town Administrator 8. Public Works Department Report K. PUBLIC COMMENT (Items not previously discussed on this agenda.) L. ADJOURNMENT Pursuant to Florida Statutes § 286.0105, if any person or entity decides to appeal any decision made on any matter considered at any meeting or hearing of any Redington Shores Board or Commission, he, she or it will need a record of the proceedings and, for such purpose, he, she or it may need to ensure that a verbatim record of the proceedings is made, which record includes the legal arguments, testimony, and evidence upon which the appeal is to be based. ITEM D.1. & D.2.  TOWN OF REDINGTON SHORES OATH OF OFFICE Please raise your right hand and repeat after me: I, Lisa Hendrickson, having been appointed to the Office of Mayor for the Town of Redington Shores, do hereby solemnly swear that I will faithfully perform the duties of my office, and that I will uphold the Charter and Code of the Town of Redington Shores, and the Constitutions and Laws of the State of Florida, and of the United States of America. Signature Date: January 10, 2024 _________________________________________ Margaret Carey, Town Clerk  TOWN OF REDINGTON SHORES OATH OF OFFICE Please raise your right hand and repeat after me: I, Cynthia Hoyt, having been appointed to the Office of Commissioner District 2 for the Town of Redington Shores, do hereby solemnly swear that I will faithfully perform the duties of my office, and that I will uphold the Charter and Code of the Town of Redington Shores, and the Constitutions and Laws of the State of Florida, and of the United States of America. Signature Date: January 10, 2024 _________________________________________ Margaret Carey, Town Clerk ITEM E.1.  BOARD OF COMMISSIONERS TOWN OF REDINGTON SHORES REGULAR MEETING WEDNESDAY, DECEMBER 13, 2023 - 6:00 P.M. MINUTES A Regular Meeting of the Board of Commissioners of the Town of Redington Shores, Florida was convened at 6:00 p.m. Members Present: Vice Mayor Commissioner Lisa Hendrickson, Commissioner Joe Licata, Commissioner Jennie Blackburn, Commissioner Christy Herig Members Absent: Mayor Mary Beth Henderson (excused absence) Other Municipal Officials Present: Mike McGlothlin, Town Administrator; Robert Eschenfelder, Town Attorney; Margaret Carey, City Clerk. 1. ROLL CALL BY THE TOWN CLERK 2. CONSENT AGENDA Items on the consent agenda are of a routine nature or have been previously studied by the Board of Commissioners at a workshop meeting. They are intended to be acted upon in one motion. Consent Agenda items included approval of the following meeting minutes: Regular Meeting – November 8, 2023, Special Meeting – November 16, 2023, and Workshop Meeting – November 29, 2023 Commissioner Herig motioned to approve the Consent Agenda, seconded by Commissioner Licata. Vote taken: All yay. 3. APPEARANCES AND PRESENTATIONS a. Chief Rick Swan, Indian Shores PD – provided update. b. Chief Clint Belk, Madeira Beach Fire Rescue – provided update. c. Interim Chief Bill Morelli, Seminole Fire Rescue – provided update. Bill Schobel is the new Fire Chief and will be starting soon. 4. OLD BUSINESS a. SECOND READING OF ORDINANCE 23-13; CREATING ARTICLE III OF CHAPTER 56 OF THE TOWN CODE RELATED TO SHARK FISHING Attorney Eschenfelder read the Ordinance title. Commissioner Herig moved to approve Ordinance 23-13: Creating Article III of Chapter 56 of the Town Code Related to Shark Fishing, seconded by Commissioner Blackburn. Discussion: Attorney Eschenfelder mentioned that the Florida Constitution may preempt our Ordinance. Be aware. Public Comment: Jacinda Shapiro, Myriam Parhem, and Park Chapman all spoke in support of the Ordinance and thanked the Board. Upon vote, the motion was carried unanimously all yay 4 to 0. 5. NEW BUSINESS a. 2024 TOWN HOLIDAY SCHEDULE Clerk Carey explained the schedule presented to the Board is that of Pinellas County Government Holidays and the Board was asked to consider adopting the same schedule for the Town of Redington Shores. Commissioner Herig moved to approve the 2024 Town Holiday Schedule, seconded by Commissioner Licata. Vote taken: All yay. 1  b. AGREEMENT FOR CONDUCTING IN-CONJUNCTION MUNICIPAL ELECTION WITH THE PINELLAS COUNTY SUPERVISOR OF ELECTION Clerk Carey explained this is a standard agreement for Pinellas County to assist with our local election. Commissioner Blackburn moved to approve the Agreement for Conducting In-Conjunction Municipal election with the Pinellas County Supervisor of Election, seconded by Commissioner Licata. Vote taken: All yay. c. REFUSE RATE INCREASE Town Administrator McGlothlin asked to move this item to a future meeting. d. TOWN PARKING FEES AND FINES Town Administrator McGlothlin discussed parking fines. Currently the fine is $50 and $100 after 15 days of nonpayment. The Board last looked at this issue in May of 2023 and it is brought before the Board now because of the need to be consistent with the Indian Shores Police Department. We are now proposing an increase to $100 for the initial fine and $200 after 15 days of nonpayment. Commissioner Herig expressed her opposition to the increase in residential neighborhoods. Administrator McGlothin then discussed a fee increase for metered parking. The current fee is $2.50 per hour which was last increased in 2020 from $1.00/hour. After a survey of the surrounding beach communities, we discovered we are on the low end of metered parking rates. We are proposing a new fee of $4.00/hour. The Board reached consensus and directed the Town Attorney to prepare an Ordinance and Resolution to reflect the increase in fees and fines. e. PROPOSAL FOR RESTORATION OF DAMAGED LANDSCAPING AT REDINGTON SHORES NATURE PARK CJ Hoyt, a representative from the Parks & Recreation Committee, presented an update and discussed the most recent rendering submitted by Suttrich Landscape Services. Town Administrator McGlothlin added that 8 bids were sent to landscapers and only 1 response was received. Ms. Hoyt recognized Commissioner Herig and expressed appreciation for her assistance with the project. Approval for this project had previously been granted and budgeted. The Parks & Recreation Committee will also include post a banner at the restoration site that reads “Florida Friendly Restoration in Progress.” 6. MISCELLANEOUS Special Meeting- Wednesday, December 27, 2023 – 6:00 P.M. Regular Meeting- Wednesday, January 10, 2024 – 6:00 P.M. 7. COMMISSION REPORTS a. Mayor Commissioner Henderson – No report. b. Vice Mayor Commissioner Hendrickson, District 3 - acknowledged the Redington Shores Holiday House Decorating winners. The winners were: 1st Place 17817 Lee Ave, 2nd Place 17555 2nd Street E, and 3rd Place 114 Wimbledon Way. The Vice Mayor also mentioned an Open House Fundraiser for Gulf Beaches Library Jan 25th from 5-8pm. The library is accepting gifts for their silent auction. c. Commissioner Blackburn, District 1 – No report. d. Commissioner Herig, District 2 - announced she will be resigning as District 2 Commissioner effective December 30, 2023 due to the Form 6 requirement. She praised the town staff and said that she hopes to continue her involvement with the Town as a volunteer. Commissioner Herig also encouraged everyone to purchase a brick at the Library. e. Commissioner Licata, District 4 - commended Town Administrator McGlothlin by saying that he is doing a stellar job with following up on everything and the residents are happy. f. Town Attorney - answered questions from the Board about vacancies going into 2024. The Board agreed that staff should advertise the vacancy for District 2 and request Letters of Interest with a deadline of December 22 at noon. Interested candidates can be discussed at a Special Meeting. The 2  Board agreed to a Special Meeting on December 27 at 6:00 p.m. g. Town Administrator McGlothlin - updated the Board about his search for a Building Official. No qualified applicants have applied yet. Mr. McGlothlin would like to get a Building Official onboard before moving ahead with the intergovernmental agreement with Redington Beach. He will continue with the search. Mr. McGlothlin also mentioned that the Charter Review Committee will be discussed at the January workshop, so the Resolution can be adopted and ready for March. Finally, Mr. McGlothlin provided Code Enforcement and Permit stats for the month. 8. ADJOURNMENT There being no further business before the Board, the meeting adjourned at 7:10 pm. Respectfully submitted, Margaret Carey Date Approved by Board of Commissioners Town Clerk 3  BOARD OF COMMISSIONERS TOWN OF REDINGTON SHORES SPECIAL MEETING WEDNESDAY, DECEMBER 27, 2023 - 6:00 P.M. MINUTES A Special Meeting of the Board of Commissioners of the Town of Redington Shores, Florida was convened at 6:00 p.m. Members Present: Mayor MaryBeth Henderson (virtual), Vice Mayor Commissioner Lisa Hendrickson, Commissioner Joe Licata, Commissioner Jennie Blackburn, Commissioner Christy Herig. Members Absent: None Other Municipal Officials Present: Mike McGlothlin, Town Administrator; Robert Eschenfelder, Town Attorney; Margaret Carey, Town Clerk. 1. ROLL CALL BY THE TOWN CLERK 2. APPEARANCES AND PRESENTATIONS None. 3. OLD BUSINESS None. 4. NEW BUSINESS a. APPOINTMENT(S) TO VACANT COMMSSION SEAT(S) The Board discussed the vacancy of the District 2 office. Two letters of interest were received; Cynthia Hoyt and Chris Wood. Both interested candidates addressed the Board. Ms. Hoyt was still interested while Mr. Wood expressed his decision to withdraw in support of Ms. Hoyt. Commissioner Herig moved to appoint Cynthia Hoyt to the office of District 2 Commissioner, seconded by Mayor Commissioner Henderson. Upon vote, the motion was carried unanimously all yay 5 to 0. The Board then discussed the resignation of Mayor Henderson which was announced that day and takes effect December 29, 2023. The current Vice Mayor Commissioner (District 3) Hendrickson was the only candidate to qualify for the 2024 Mayoral election. Commissioner Herig motioned to appoint Lisa Hendrickson to the office of Mayor, seconded by Commissioner Licata. Upon vote, the motion was carried unanimously all yay 5 to 0. The Board then discussed the vacancy of Vice Mayor which was created by the current Vice Mayor moving to the office of Mayor. Vice Mayor Commissioner Hendrickson motioned to appoint Commissioner Licata to Vice Mayor, seconded by Mayor Commissioner Henderson. Upon vote, the motion was carried unanimously all yay 5 to 0. 1  Lisa Hendrickson and Cynthia Hoyt will be sworn into office at the January 10, 2024 Regular Meeting of the Board of Commissioners. b. RESOLUTION NO. 12-2023 DISBANDING CERTAIN INACTIVE ADVISORY COMMITTEES Attorney Eschenfelder read the Resolution title. Commissioner Herig moved to approve Resolution No. 12-2023 Disbanding Certain Inactive Advisory Committees, seconded by Commissioner Blackburn. Discussion: Commissioner Herig explained that the committees were ad-hoc and no longer needed. Public Comment: None. Upon vote, the motion was carried unanimously all yay 5 to 0. c. ORDINANCE NO. 2024-01 AMENDING 140-12 REGARDING PARKING FINES OF THE TOWN CODE. IST READING Attorney Eschenfelder read the Ordinance title. Commissioner Blackburn moved to approve Ordinance No. 2024-01 Amending 140-12 Regarding Parking Fines of the Town Code, seconded by Commissioner Licata. Discussion: Commissioner Herig requested that adequate signage be posted. Town Administrator McGlothlin said there will be 2-4 signs per lot. Commissioner Blackburn noted that the parking fee in Madeira Beach is much higher. Public Comment: Citizens Cynthia Hoyt and Loretta Fricks spoke that $100 was a lot of money. Town Administrator McGlothlin said there will be an appeals process. Upon vote, the motion was carried unanimously all yay 5 to 0. d. RESOLUTION NO. 13-2023 ESTABLISHING METERED PARKING SPACES AND THE ASSOCIATED FEE FOR PARKING Attorney Eschenfelder read the Resolution title. Commissioner Blackburn moved to approve Resolution No. 13-2023 Establishing Metered Parking Spaces and the Associated Fee for Parking, seconded by Mayor Commissioner Henderson. Discussion: Commissioner Herig noted that the fee seemed like a lot, but there is still free parking available along Gulf Boulevard. Public Comment: None. Upon vote, the motion was carried unanimously all yay 5 to 0. 5. MISCELLANEOUS Commissioner Herig announced there is a Special Gulf Shores Library Board meeting on January 4, 2024. Ms. Herig also said she would be willing to continue as a volunteer on the Library Board. Vice Mayor Hendrickson will attend to represent Redington Shores. The next Redington Shores Board of Commissioners Regular Meeting is Wednesday, January 10, 2024 at 2  6:00 p.m. The next Workshop Meeting is Wednesday, January 24, 2024 at 6:00 p.m. 6. ADJOURNMENT There being no further business before the Board, the meeting adjourned at 6:37 p.m. Respectfully submitted, Margaret Carey Date Approved by Board of Commissioners Town Clerk 3 ITEM G.1.  ORDINANCE NO. 2024-01 AN ORDINANCE OF THE TOWN OF REDINGTON SHORES, FLORIDA, AMENDING § 140-12 (REGARDING PARKING FINES) OF THE TOWN CODE; MAKING RELATED FINDINGS; PROVIDING FOR CODIFICATION, SEVERABILITY, AND FOR AN EFFECTIVE DATE. WHEREAS, Chapter 140 of the Redington Shores Town Code addresses the subject of Vehicles and Traffic; and WHEREAS, § 140-12 of the Code sets forth the fines for parking violations; and WHEREAS, the Town Commission has considered the recommendation of the Town Administrator that parking fines should be increased to become consistent with other nearby beach communities both to ensure illegal parking is not encouraged in the Town, and to assist the Town’s Police Department through making the fines consistent with its own municipality’s fine structure; and WHEREAS, the Commission finds that is in the best interest of the Town, its residents, and property owners, to approve the provisions set forth in this Ordinance. NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of the Town of Redington Shores, Florida, that: Section 1. § 140-12 of the Redington Shores Town Code is hereby amended as follows: Sec. 140-12. – Fines; metered spaces. A. Unless a different fine is provided, violation of any provision of this chapter shall result in a fine of $5100.00 for a first offense and a fine of $1200.00 for a second or subsequent offense within 12 months. B. Failure to pay a fine for a violation of this chapter within fifteen days of the date the parking ticket is issued shall result in the fine for a first offense increasing to $1200.00 and the fine for a second or subsequent offense increasing to $1250.00. C. Notwithstanding the foregoing, the fine for parking in spaces designated for people who have disabilities in violation of F.S. § 316.1955 shall be $250.00. D. The commission may, by resolution, designate certain parking spaces within the town as metered parking (whether or not a limit on consecutive hours parked is provided for). In the event the commission designates a parking space as metered, the operator of a motor vehicle parking in the metered space must pay the required amount prior to leaving the parked vehicle. 1  E. When metering a parking space, the town may use a physical meter which is capable of accepting payment by cash or credit/debit card or, alternatively, the town may make use of an app-based parking management system. Section 2. Pursuant to Florida Statutes § 166.041(4)(a), prior to the date the public notice of the public hearing for this Ordinance was published, the Town prepared and posted on its website a business impact estimate which included: a) a summary of the Ordinance, a statement of the public purpose to be served by the Ordinance, b) an estimate of the direct economic impact of the Ordinance on private, for-profit businesses in the Town, c) an estimate of direct compliance costs that businesses may reasonably incur due to the Ordinance, d) identification of any new charge or fee on businesses created by the Ordinance or for which businesses will be financially responsible, e) an estimate of the Town’s regulatory costs and of revenues from any new charges or fees imposed on businesses to cover such costs, and f) a good faith estimate of the number of businesses likely to be impacted by the Ordinance. Section 3. For purposes of codification of any existing section of the Redington Shores Code herein amended, words underlined represent additions to original text, words stricken are deletions from the original text, and words neither underlined nor stricken remain unchanged. Section 4. If any section, subsection, sentence, clause, provision or word of this Ordinance is held unconstitutional or otherwise legally invalid, same shall be severable and the remainder of this Ordinance shall not be affected by such invalidity, such that any remainder of the Ordinance shall withstand any severed provision, as the Board of Commissioners would have adopted the Ordinance and its regulatory scheme even absent the invalid part. Section 5. The Codifier shall codify the substantive amendments to the Redington Shores Code contained in Section 1 of this Ordinance as provided for therein, and shall not codify the exordial clauses nor any other sections not designated for codification. 2  Section 6. Pursuant to Florida Statutes § 166.041(4), this Ordinance shall take effect immediately upon adoption. ADOPTED ON FIRST READING on the 27th day of December, 2023, by the Board of Commissioners of the Town of Redington Shores, Florida. ADOPTED ON SECOND AND FINAL READING on the 10th day of January, 2024, by the Board of Commissioners of the Town of Redington Shores, Florida. Attest: _____________________________ Mayor Commissioner ___________________________ Margaret Carey, Town Clerk 3  Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the Town’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title / reference: ORDINANCE NO. 2024-01 AN ORDINANCE OF THE TOWN OF REDINGTON SHORES, FLORIDA, AMENDING § 140-12 (REGARDING PARKING FINES) OF THE TOWN CODE; MAKING RELATED FINDINGS; PROVIDING FOR CODIFICATION, SEVERABILITY, AND FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with Florida Statutes § 166.041(4). If one or more boxes are checked below, this means the Town is of the view that a business impact estimate is not required by state law for the proposed ordinance, but the Town is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the Town hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The Town Commission has considered the recommendation of the Town Administrator that parking fines should be increased to become consistent with other nearby beach communities, both to ensure illegal parking is not encouraged in the Town, and to assist the Town’s contracted Police Department through making the fines consistent with its own municipality’s fine structure. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the Town, if any: a) An estimate of direct compliance costs that businesses may reasonably incur: Businesses should not incur any compliance costs resulting from this ordinance. The allowable parking areas are not modified with this ordinance, only the fee associated with parking illegally. b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: All drivers within the Town that park in an unauthorized area will be charged the new fee amount for the parking violation. Previously, the initial fine was $50.00 for a first offense and $100.00 for a second or subsequent offense within 12 months. If unpaid within 15 days of issuance, the fine increased to $100.00 for a first offense and $150.00 for a second or subsequent offense. Under the new fee structure implemented with this ordinance, unless a different fine is provided, violation of any provision of this chapter shall result in a fine of $100.00 for a first offense and a fine of $200.00 for a second or subsequent offense within 12 months. Failure to pay a fine for a violation of this chapter within fifteen days of the date the parking ticket is issued shall result in the fine for a first offense increasing to $200.00 and the fine for a second or subsequent offense increasing to $250.00. c) An estimate of the Town’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs: The Town does not anticipate additional regulatory costs resulting from this ordinance. Based on the fact that the cost of the initial parking tickets will be twice the existing fine, and further using the assumption that the same volume of tickets will be paid, the Town can anticipate twice as much revenue as previously received. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Businesses should not be impacted as a result of this ordinance. The allowable parking areas are not modified with this ordinance, only the fee associated with parking illegally. 4. Additional information the governing body deems useful (if any): The Commission finds that is in the best interest of the Town, its residents, and property owners, to approve the provisions set forth in this Ordinance. ITEM H.1. ITEM H.3. ITEM H.4. ITEM H.6. ITEM H.7.  INTERLOCAL AGREEMENT BETWEEN REDINGTON SHORES AND REDINGTON BEACH FOR BUILDING DEPARTMENT SERVICES THIS AGREEMENT is hereby entered into on this 7th day of February, 2024 (the “Effective Date”) by and between the Town of Redington Shores, a Florida municipal corporation (hereinafter “Redington Shores”), and the Town of Redington Beach, a Florida municipal corporation (hereinafter “Redington Beach”), collectively referred to as “the Parties.” WHEREAS, Florida Statutes § 163.01, the Florida Interlocal Cooperation Act of 1969 (the Act), was enacted to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Act provides that a Florida public agency “may exercise jointly with any other public agency of the state, of any other state, or of the United States Government any power, privilege, or authority which such agencies share in common and which each might exercise separately”, and that such joint exercises of power “shall be made by contract in the form of an interlocal agreement”; and WHEREAS, the Parties are geographically proximate to each other, have similar environmental, infrastructure, and construction priorities, policies and concerns; and WHEREAS, the Parties, as local government entities, possess the responsibility and authority to provide for building-related regulations and regulatory services to their residents, property owners, and the contractors who serve them; and WHEREAS, Redington Shores has established an in-house building department and has retained qualified and licensed staff, including a Building Official and a Permit Technician; and WHEREAS, Redington Beach has historically utilized private-sector contracted services to fulfill the building department function; and WHEREAS, the Commissions of both Parties have separately considered the benefits associated with cooperatively providing building department services to both Towns through the use of the Redington Shores Building Department; and WHEREAS, the Redington Shores Commission and Town Administrator have studied the historical workflows and application volumes related to construction activity within Redington Beach and find that the Redington Shores Building Department would have the required capacity to provide effective, efficient service to both Towns; and WHEREAS, such an arrangement would permit Redington Shores to ensure its staff had consistent full-time workloads which may support the addition of additional Permit Technician or 1 Inspector resources if needed, while ensuring that Redington Shores taxpayers would not in any way subsidize work performed for Redington Beach; and WHEREAS, Redington Beach would benefit from such an arrangement by having building department personnel who are more physically available and geographically close to Town residents and their contractors, while not having to increase building permit fees or to otherwise incur any additional costs above those it currently pays for non-full-time contracted services; and WHEREAS, the Board of Commissioners for each Party finds that the provisions contained within this Agreement are in the best interests of their respective Towns, and further the intent of the Intergovernmental Cooperation Act to foster intergovernmental cooperation to gain efficiencies in operations while enhancing services for citizens. NOW THEREFORE, the Parties agree as follows: 1) Regulatory Authorization. As of the Effective Date, the Redington Shores Building Department is authorized to, and shall serve as, the Building Department of the Town of Redington Beach. The Redington Shores Building Official shall, for all legal and regulatory purposes, also be the Redington Beach Building Official. 2) Scope of Services: Redington Shores shall, as of the Implementation Date provide turn- key building department services to Redington Beach, including: • Assisting the Redington Beach Town Clerk with ensuring all required or necessary information and forms on the Redington Beach website’s building department page is provided and accurate, • Receiving and processing all construction-related permit applications, including but not limited to dock and seawall applications, • Receiving and accounting for all related application fees, penalties and fines, • Rendering interpretations of the Building Code where required by Redington Beach Town Code, • Conducting plans review, • Coordinating review of applications for major construction projects with the Town Planner to ensure are consistent with Redington Beach’s Land Development Code and Comprehensive Plan, • Assisting Redington Beach Code Enforcement Officers with code enforcement matters which relate to building code compliance or structural safety (including investigation of unfit/unsafe structures and demolition matters), 2  • Assisting Redington Beach staff with evaluating and processing applications for special exceptions, variances, and de minimis variances, to include the drafting of staff reports and recommendations to quasi-judicial boards and magistrates, • Providing floodplain management services which include the provision of elevation certificates, FEMA rule enforcement regarding demolition permits and associated flood mitigation requirements for re-construction projects, and the provision of related input to Redington Beach related to the Community Rating System program which require building department input. • Coordinating with the Redington Beach Town Attorney where legal interpretation of that Town’s Code is required, and • Testifying at any administrative, quasi-judicial, or judicial proceeding which requires the testimony of the Building Official. 3) Commencement of Services: Notwithstanding the Effective Date of the Agreement, to permit for an orderly transition, the Mayor of Redington Beach and the Redington Shores Town Administrator shall confer with each other and the Redington Shores Building Official on a transition plan. The transition plan shall take into account any logistical measures which must be taken to create website or email accounts for customers to access or use, whether applications and other building department forms would require revision to increase consistency and customer ease of use, and how the Building Official will ensure customers/contractors in both jurisdictions are provided excellent, responsive, and equal service. The transition plan shall identify an Implementation Date, which shall be the first day which Redington Beach customers will begin being served by the Redington Shores Building Department. 4) Use of Facilities: Given the limited office space at Redington Beach Town Hall, and inasmuch as the Redington Shores Building Department’s operations have been set up efficiently at Redington Shores Town Hall, the Parties expect that the majority of office work, including contractor permit submissions and contractor/owner consultations, will occur at Redington Shores Town Hall. However, if the need should arise, the Building Official may coordinate with the Redington Beach Clerk or Mayor to gain temporary use of Redington Beach Town Hall space to interact with a contractor or owner on significant or unique issues. Every effort should be made to make effective use of electronic technology to minimize the need for travel by contractors or owners. 5) Records Retention: The Building Official shall coordinate with the Redington Beach Town Clerk to develop a plan to ensure all building department records related to Redington Beach are kept and preserved at such location and in such manner as they are protected. Records shall be retained in accordance with the Florida Public Records Act, and its related records retention schedule. Upon termination of this Agreement, all Redington Beach records in the custody or control of the Redington Shores Building Official or building department shall be returned to the Redington Beach Town Clerk. 3 6) Regulatory Authority and Personnel Supervision: When providing service to Redington Beach, the Building Official and any subordinate Inspectors or Plans Examiners shall independently exercise their authority, as may be set forth in the Florida Building Code, and the Redington Beach Town Code. Such officials shall not take any order or instruction from any Redington Beach official regarding the exercise of statutory or code-based regulatory decisions. In the event any Redington Beach official determines that the performance of the Redington Shores building department or any official therein (be it regulatory, customer service-related, or otherwise) should be addressed, that official is entitled to raise the matter with the Redington Shores Town Administrator, who would provide managerial direction as necessary. Redington Shores building department employees shall, at all times, be and remain employees of Redington Shores. 7) Compliance with Laws: Redington Shores shall ensure that its Building Official and any other building department employees who are subject to state or county licensure have and maintain all required licenses to perform their work for Redington Beach. 8) Compensation: In consideration of Redington Shores’ provision of the services set forth herein, Redington Shores shall retain all fees, fines and penalties collected in conjunction with such services. Redington Shores shall ensure its fees, fines and penalties collected for Redington Beach owners or their contractors are based on such fee schedules as the Redington Beach Commission may adopt, unless such fees or fines are otherwise prescribed by law. 9) Term and Termination: Notwithstanding the actual date(s) of approval by the governing boards of the Parties, this Agreement shall begin on the Effective Date, and shall continue in effect until terminated by either Party. This Agreement may be terminated by either Party for any or no reason upon the terminating Party’s providing the non-terminating Party 90-days written notice, which notice period is designed to allow for an orderly transition away from the arrangement established by this Agreement. 10) Notices: Notices required or provided under this Agreement regarding change, or revisions, amendments, deletions shall be addressed as follows: If to Redington Shores: If to Redington Beach: Town of Redington Shores Town of Redington Beach Attn: Town Administrator Attention: Town Clerk 17425 Gulf Blvd 105 164th Ave Redington Shores FL 33708 Redington Beach, FL 33708 Either Party may change the name and address for such notices by providing written notice to the other Party. 11) Decisional Liability: When the Redington Shores Building Official and Building Department staff are exercising regulatory authority, pursuant to the Florida Building Code and Redington Beach Building Code, those officials, acting in their regulatory capacity, will be deemed to be regulatory agents of the Town of Redington Beach. Therefore, any 4  administrative, quasi-judicial, or judicial actions which may arise out of the regulatory decisions made by such officials, when working on Redington Beach matters, will be defended and resolved by the Town of Redington Beach. 12) Indemnification: The Parties agree to indemnify, defend, and hold harmless each other from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from the indemnifying Party’s performance of this Agreement, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, and only to the extent caused by the negligent acts or omissions of the indemnifying Party’s employees or agents. Such indemnification shall not be interpreted as either Party waiving its right to assert the limited waiver of sovereign immunity, and any related procedural or substantive rights the Party may have, as set forth in Florida Statutes § 768.28. 13) In the event that any part of this Agreement is determined to be unlawful or unenforceable by a court of competent jurisdiction, said determination shall not invalidate the remaining parts of this Agreement. 14) No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such breach. Every right and remedy of each Party shall be cumulative and either Party, in its sole discretion, may exercise any and all rights or remedies stated in this Agreement or otherwise available at law or in equity. 15) This Agreement contains the entire understanding of the Parties and supersedes all prior understandings or agreements, whether oral or written, implied or explicit, between the Parties relating to the subject matter herein. 16) This Agreement shall be governed by Florida law. In the event any litigation is instituted between the Parties to construe or enforce this Agreement, the Parties shall bear their own costs and attorney fees. 17) This Agreement is solely for the benefit of the Parties hereto, and no right, privilege, or cause of action shall by reason hereof accrue upon, to, or for the benefit of any third party. Nothing in this Agreement is intended or shall be construed to confer upon or give any person, corporation, partnership, trust, private entity, agency, or other governmental entity any right, privilege, remedy, or claim under or by reason of this Agreement or any provisions or conditions hereof. 18) Should any section, sentence or clause of this Agreement be deemed unlawful by a Court of competent jurisdiction, no other provision hereof shall be affected and all other provisions of this Agreement shall continue in full force and effect to the extent permitted by law. 19) This Agreement may be modified, amended or extended only by written amendment executed by authorized representatives of both Parties. 5  20) Pursuant to Florida Statutes § 163.01(11), Florida Statutes, this Agreement shall be effective upon the filing of a fully executed copy of the Agreement with the Clerk of the Circuit Court of Pinellas County, Florida. The Parties agree that the Town of Redington Beach shall file the Agreement, and shall provide a copy of the recorded Agreement to the Redington Shores Town Clerk. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed. TOWN OF REDINGTON SHORES TOWN OF REDINGTON BEACH By: __________________________ By: ___________________________ Michael McGlothlin David Will Town Administrator Mayor 6 ITEM J.7. ITEM J.8.