MINUTES  TRABEIC  BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 14, 2024 6:00 p.m.  ELLAS COUNT  The City ofMadeira Beach Board ofCommissioners held a regular meeting at 6:00 p.m. on August 14, 2024, in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal  Drive, Madeira Beach, Florida.  MEMBERS PRESENT: Anne-Marie Brooks, Mayor  David Tagliarini, Vice Mayor/Commissioner Districtl Ray Kerr, Commissioner District2 Eddie McGeehen, Commissioner District3 3 Housh Ghovaee, Commissioner District 4  MEMBERS ABSENT:  CHARTER OFFICERS PRESENT:  Robin Gomez, City Manager Clara VanBlargan, City Clerk Thomas Trask, City Attorney  Andrew Laflin, Finance Director/City Treasurer  1. CALL TO ORDER  Mayor Brooks called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE  City Attorney Tom Trask gave the Invocation and led the Pledge of Allegiance.  3. ROLL CALL  City Clerk Clara VanBlargan called the roll. All were present.  4. APPROVAL OF THE AGENDA  Vice Mayor Tagliarini motioned to approve the Agenda as written. Commissioner Ghovaee  seconded the motion. ROLL CALL: Vice Mayor Tagliarini  "YES"  August 14, 2024, BOC Regular Meeting Minutes  Page 1 of21    Commissioner Ghovaee Commissioner McGeehen "YES" Commissioner Kerr Mayor Brooks The motion carried 5-0. 5. PROCLAMATIONS There were no proclamations. 6. PRESENTATIONS There were no presentations. 7. PUBLIC COMMENT  "YES" "YES" "YES"  Nathan Bruemmer, 2630 Miriam Street S. Gulfport, introduced himself as a candidate for State Jeff Beggins, 429 Boca Ciega Drive, asked that the Board look into illegal short-term rentals and  House in District 61 in the upcoming election.  harder enforcements. 8. APPROVAL OF MINUTES  A. 2024-06-26, BOC Regular Workshop Meeting Minutes B. 2024-07-10, BOC Regular Meeting Minutes .2 2024-07-24, BOC Budget Workshop Meeting Minutes D. 2024-07-24, BOC Regular Workshop Meeting Minutes  Commissioner Kerr motioned to approve the meeting minutes as written. Commissioner  McGeehen seconded the motion. ROLL CALL: Commissioner Kerr Commissioner McGeehen "YES" Commissioner Ghovaee Vice Mayor Tagliarini Mayor Brooks The motion carried 5-0. 9. CONSENT AGENDA 10. PUBLIC HEARINGS  "YES" "YES" "YES" "YES"  August 14, 2024, BOC Regular Meeting Minutes  Page 2 of21    A. ABP 2024-04 Dick's Last Resort  City Attorney Tom Trask said it was a quasi-judicial proceeding and would go through the process required by the City's code. For the summary of the application, the applicant for ABP 2024-04is requesting authorization from the Board ofCommissioners: for the approval ofa (4COP)alcoholic beverage license for the sale of beer, wine, and liquor for consumption on premises at Dick's Last Resort restaurant at 111 Boardwalk Place W, Suite 203, Madeira Beach, FL 33708.  The City Attorney read the standards of factors to be applied at the meeting for the The City Attorney read the burden of proof to be applied as set forth in Section 2-10 (A) The City Attorney said the parties were the City of Madeira Beach and the applicant, DLR Madeira Beach, LLC of111 Boardwalk Place W, Suit 203 Madeira Beach, FI 33708. The order oft the presentation would normally be for the applicant to present first. The City Attorney read the quasi-judicial procedures to follow per the City'scode. The City Attorney asked the Commissioners if they had any ex-parte communication or The City Attorney administered the Oath to the witnesses who would be speaking.  application as set forth in Section 110-532.  in the Code.  conflicts ofinterest to disclose. There were none.  Applicant Presentation  Attorney Amanda Hessein introduced herself on the applicant's behalf and stated the item's  purpose.  City Staff Presentation  Joseph Petraglia, Planning Technician, read the staff report and the five factors to be considered when voting on the alcoholic beverage license application. Staff recommended the approval of The City Attorney asked ifMr. Petraglia wanted the staff report to be received into evidence. Mr.  ABP 2024-04. Petraglia said yes. Public Comment  There were no public comments.  The City Attorney said the public portion ofthe meeting was closed. It was back to the Commission  forar motion.  There were no Commission comments.  Vice Mayor Tagliarini motioned to approve (4COP) Alcoholic Beverage License ABP 2024-04  for Dicks' Last Resort. Commissioner Kerr seconded the motion. August 14, 2024, BOC Regular Meeting Minutes  Page 3of21    ROLL CALL: Vice Mayor Tagliarini Commissioner Kerr Commissioner McGeehen "YES" Commissioner Ghovaee Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  B. Ordinance 2024-08, Fences - 2nd Reading & Public Hearing City Attorney Tom Trask read Ordinance 2024-08 by title only:  ORDINANCE 2024-08  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE VI SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION3LANDSCAPE FENCES, GATES, HEDGES, AND WALLS OF THE CITY'S LAND DEVELOPMENT CODE TO PROVIDE FURTHER INFORMATION ON DEFINITIONS IN APPLICABILITY OF DIVISION; TO INCLUDE THE VISION TRIANGLE, AMEND FRONT,SIDE AND REAR YARDS, ANDINCLUDE FENCES AROUND SWIMMING POOLS IN LOCATION AND HEIGHT OF FENCES, HEDGES, AND WALLS; AND ADD A NONCONFORMITIES SECTION; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  Joseph Petraglia, Planning Technician, reviewed the item and stated the two changes made  following the first reading oft the ordinance as follows:  A change in the grade definition was made to accommodate for fences along property An addition to Sec. 110-44(c)(1) to clarify that a fence is not required along the seawall  lines with different grade elevations. for waterfront properties with a pool.  Mayor Brooks opened to public comment. There were no public comments.  Mr. Petraglia and Marci Forbes, Community Development Engineer, responded to questions and Vice Mayor Tagliarini motioned to adopt Ordinance 2024-08, Fences, after 2nd Reading and  comments by the Board.  Public Hearing. Commissioner Kerr seconded the motion.  ROLL CALL:  August 14, 2024, BOC Regular Meeting Minutes  Page 4 of21    Vice Mayor Tagliarini Commissioner Kerr Commissioner Ghovaee Commissioner McGeehen "YES" Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  C.0 Ordinance 2024-09, Appendix D John's Pass Village Activity Center Development  Standards - 1st Reading & Public Hearing  City Attorney Tom Trask read Ordinance 2024-09 by title only:  ORDINANCE 2024-09  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CODEOF ORDINANCESOFTHECITYOFMADEIRA BEACH TO ADOPT APPENDIX D TO ESTABLISH THE JOHN'S PASS VILLAGE ACTIVITY CENTER DEVELOPMENT STANDARDS; PROVIDING THAT SAID STANDARDS SHALL REGULATE DEVELOPMENT IN THE JOHN'S PASS VILLAGE DISTRICT; PROVIDING FOR PERMITTED, ACCESSORY AND SPECIAL EXCEPTION USES; PROVIDING FOR BUILDING SITE AREA REQUIREMENTS; PROVIDING FOR SETBACK REQUIREMENTS; PROVIDING FOR RESIDENTIAL, VACATION RENTAL AND TEMPORARY LODGING USE DENSITY; PROVIDING FOR MAXIMUM BUILDING HEIGHT; PROVIDING FOR MAXIMUMFLOOR AREA RATIO; PROVIDING FOR IMPERVIOUS SURFACE RATIO; PROVIDING FOR ALTERNATIVE TEMPORARY LODGING USE STANDARDS; PROVIDING FOR DESIGN STANDARDS AND GUIDELINES; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  Community Development Director Jenny Rowan reviewed the item and showed a PowerPoint presentation. She explained that Ordinance 2024-09, a new John's Pass Village Activity Center Development Standards, creates a new appendix, Appendix D, in the Code of Ordinances that outlines all development standards in the Activity Center land use category. The development standards differ from character district to character district, encompassing the standards from the Director Rowan, Ms. Forbes, and Andrew Morris, Long Range Planner, responded to questions  John's Pass Village Special Area Plan. and comments by the Board.  August 14, 2024, BOC Regular Meeting Minutes  Page 5of21    There are certain things that can exceed the height, such as mechanical units. Pergolas are not mentioned in the Code. The Planning Commission: adopted language for stories to help Ifusing the alternative temporary lodging standards, the applicant would have to conform toall design standards and guidelines. Ifusing the alternative temporary lodging standards, you have to count the structured garage within the Floor Area Ratio (FAR). Activity centers in the county use an all-inclusive Floor Area Ratio. Ifsomebody is applying for PD: zoning, they would have to comply with all ofthe: standards  keep things limited.  Special Exception Uses must go before the Special Magistrate.  and guidelines in Appendix D. Mayor Brooks opened to public comment.  John Connolly, Normandy Road, said ift they have a height of 44 feet plus mechanicals, why can't they come up to a finished 60 feet or 54 feet and make it common for everything? So everybody Vice Mayor Tagliarini explained why his changes were not included in the ordinance. That will be addressed at the upcoming workshop because it does not belong in the ordinance. Commissioner Kerr suggested including parapet walls and flat roofs under design guidelines, which state that gabled roofs with dormers are encouraged. Director Rowan said the design standards state mechanical units must be located in an inconspicuous area ofa building and must Commissioner Ghovaee said that FAR is based on gross and is regulated by the state and county, Mr. Morris said they wanted to make sure they reduced the bulk of the height of the buildings to make it less imposing. Director Rowan said what was measured on their walkthrough, the highest Commissioner Kerr said he embraces rebuilding John's Pass Village but wants to do it the right way. He doesn't want it to become the John's Pass Resort area; he wants it to be a reason that people would want to spend their money there. He recommended discussing the item at another Commissioner Ghovaee agreed. Staffo does a good job but needs to slow down sO they can describe Commissioner McGeehen agreed that they need another meeting on it because there is no reason Mayor Brooks disagreed. They have had many meetings about it and have allowed time to ask questions. Currently, there are no design standards to follow. The public provided input, and Community Development considered the input and brought the ordinance forward. The Planning  understands the finished height of all the buildings.  be adhered to.  sot they must make sure they do not go above what they require.  eavei in the Commercial Core, was 44 feet from grade.  workshop because he felt it was not ready. and explain things to the public. torush it through.  August 14, 2024, BOC Regular Meeting Minutes  Page 6of21    Commission voted on it following multiple meetings. Forward Pinellas reviewed it and provided their blessing. They should move it forward sO they can ensure the integrity ofthe Village. Commissioner Kerr said the max FAR is 2.0, and he is not ready to approve 55 feet. That would put buildings 20 feet taller than the highest eave in. John's Pass Village. He cannot vote on it. Mr. Morris said they are not super detailed drawings; they are to show the height of the buildings Vice Mayor Tagliarini said that based on the Planning Commission's recommendations. public Commissioner Kerr said he was not asking to change the FAR; he does not want buildings taller Commissioner Ghovaee received confirmation that FAR controls the units per acre. The County Vice Mayor Tagliarini motioned to approve Ordinance 2024-09, Appendix D John's Pass Village Activity Center Development Standards, after 1st Reading and Public Hearing. Commissioner  and how the setbacks work.  meetings, and staff meetings, he would be in favor of moving forward with it.  than any existing structure.  regulates both. After seeing the height, he feels more comfortable with it.  Ghovaee seconded the motion. ROLL CALL: Vice Mayor Tagliarini Commissioner Ghovaee Commissioner Kerr Commissioner McGeehen "YES" Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  D. Ordinance 2024-10, C-1 refer to Appendix D -1st Reading & Public Hearing  City Attorney Tom Trask read Ordinance 2024-10 by title only:  ORDINANCE 2024-10  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE V. DISTRICTS, DIVISION 5. C-1, TOURIST COMMERCIAL OF THE CITY'S LAND DEVELOPMENT CODET TO RENAMEITASCIJOHNSPASS VILLAGE ACTIVITY CENTER; PROVIDING FURTHER INFORMATION ON PURPOSE AND INTENT OF THE JOHN'S PASS VILLAGE ACTIVITY CENTER DISTRICT; REPLACING THE DEVELOPMENT STANDARDS SET FORTH IN SECTIONS 110-257 THROUGH 110-265 WITH THE DEVELOPMENT STANDARDS SET FORTH IN APPENDIX D (JOHN'S  August 14, 2024, BOC Regular Meeting Minutes  Page 7of21    PASS VILLAGE ACTIVITY CENTER DEVELOPMENT STANDARDS); PROVIDING FOR CONFLICT, CODIFICATION ANDSEVERABILITY:  AND PROVIDING FOR AN EFFECTIVE DATE.  Director Rowan said Ordinance 2024-10 amends the C-1 Tourist Commercial Zoning District to refer to the new Appendix D (Ordinance 2024-09) that outlines all the development standards in the John's Pass Village Activity Center Area. The amendment to the Land Development Regulations removes all the previous standards in the Zoning District and renames the district from  Tourist Commercial to John's Pass Village Activity Center Zoning District.  Mayor Brooks opened to public comment.  Chuck Dillion, 529 Lillian Drive, commented that it had already been approved by the Planning  Commission.  There were no comments by the Board.  Vice Mayor Tagliarini motioned to approve Ordinance 2024-10, amending C-1 refer to Appendix D,after 1st Reading and Public Hearing. Commissioner McGeehen seconded the motion.  ROLL CALL: Vice Mayor Tagliarini Commissioner McGeehen "YES" Commissioner Kerr Commissioner Ghovaee Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  E. Ordinance 2024-11, Rezone John's Pass Village Activity Center Development  Standards- - 1st Reading & Public Hearing  City Attorney Tom Trask read Ordinance 2024-11 by title only:  ORDINANCE2024-11  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, REZONING REAL PROPERTY FROM C-1 JOHN'S PASS VILLAGE ACTIVITY CENTER, C-2 JOHN'S PASS MARINE COMMERCIAL, C-3 RETAIL COMMERCIAL, C-4 MARINE COMMERCIAL, PD PLANNED DEVELOPMENT, AND R-3 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL ZONING DISTRICTS TO C-1 JOHN'S PASS VILLAGE ACTIVITY CENTER FOR THE AREA AS SET FORTH IN THE ACCOMPANYING LEGAL DESCRIPTION AND PARCEL IDENTIFICATION NUMBERS LISTED IN EXHIBIT A ATTACHED  August 14, 2024, BOC Regular Meeting Minutes  Page 8 of21    HERETO AND HEREBY MADE A PART OF THIS ORDINANCE; PROVIDING FOR FUTURE REVITALIZATION AND DEVELOPMENT WITHIN THE ACTIVITY CENTER CATEGORY TO BE CONSISTENT WITH AND PURSUANT TO THE PROCEDURES, GUIDELINES AND STANDARDS OF THE JOHN'S PASS VILLAGE ACTIVITY CENTER PLAN AS ADOPTED BY ORDINANCE 2023-01; AND PROVIDING FOR  AN EFFECTIVE DATE THEREOF.  The City Attorney read a summary of the ordinance and read the procedures of a quasi-judicial hearing. There were no ex-parte communication or conflicts ofinterest to disclose. There was one He administered the Oath to the witnesses, Joseph Petraglia, Planning Technician; Andrew Morris, Long Range Planner; Jenny Rowan, Community Development Director; Marci Forbes, Community Development Engineer; and the affected party [Name was unclear in the meeting  affected party. The City was the applicant and would present first.  video]. City Presentation  Director Rowan explained the item. Ordinance 2024-11 rezones the entire JPV Activity Center area to C-1,John's Pass Village Activity Center Zoning District. The future land usei in the Madeira Beach Comprehensive Plani is Activity Centerand designated Activity Center with the Countywide Plan Map. All three maps and plans/regulations (Countywide Plan, Madeira Beach Comprehensive Plan, and Madeira Beach Land Development Regulations) will be consistent with the John's Pass Village Activity Center Plan (Special Area Plan) once Ordinance 2024-11 is adopted. Commissioner Ghovaee asked if the zoning of the property to the west of Gulf Blvd. went to the CCCLine. Mr. Morris said yes, but it is preservation area on the Future Land Use Map. That could  be rezoned in the future. The affected party had no comments.  Mayor Brooks opened to public comment. There were no public comments.  Vice Mayor Tagliarini motioned to approve Ordinance 2024-11, Rezone John's Pass Village Activity Center to C-1 John's Pass Village Activity Center, after 1st Reading and Public Hearing.  Commissioner Ghovaee seconded the motion.  ROLL CALL: Vice Mayor Tagliarini Commissioner Ghovaee Commissioner McGeehen "YES" Commissioner Kerr Mayor Brooks  "YES" "YES" "YES" "YES"  August 14, 2024, BOC Regular Meeting Minutes  Page 9 of21    The motion carried 5-0.  F. Ordinance 2024-12, Amending C-2 to reserve - 1st Reading & Public Hearing  City Attorney Tom Trask read Ordinance 2024-12 by title only:  ORDINANCE 2024-12  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, DELETING DIVISION 6. JOHN'S PASS MARINE COMMERCIAL, SECTIONS 110-286 THROUGH 110-295 OF CHAPTER 110 ZONING, ARTICLE V. DISTRICTS OF THE CITY'S LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  Director Rowan said Ordinance 2024-12 removes all standards in the C-2 John's Pass Marine Commercial Zoning District and relabels the district as reserved. C-2 Zoning District encompasses all the land along the boardwalk in the John's Pass Village area, which will be designated C-1 John's Pass Village Activity Center Zoning District, which has its own standards within Appendix  D.  Mayor Brooks opened to public comment. There were no public comments. Commissioner Ghovaee asked if they would be creating any non-conformity with the zoning change. Director Rowan said not with Appendix D and the development standards. Commissioner McGeehen motioned to approve Ordinance 2024-12, Amending C-2 to reserve, after 1st Reading and Public Hearing. Commissioner Ghovaee seconded the motion.  ROLL CALL:  Commissioner McGeehen "YES" Commissioner Ghovaee Vice Mayor Tagliarini Commissioner Kerr Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  G. Ordinance 2024-13, C-3 to be consistent with MBTC SAP - 1st Reading & Public  Hearing  City Attorney Tom Trask read Ordinance 2024-13 by title only:  ORDINANCE 2024-13  August 14, 2024, BOC Regular Meeting Minutes  Page 10 of21    AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE V. DISTRICTS, DIVISION 7. C-3, RETAIL COMMERCIAL, OF THE CITY'S LAND DEVELOPMENT CODE PROVIDING FURTHER INFORMATION ON DEFINITION; PURPOSE ANDINTENT; ALLOWINGTOWNHOUSES AS AN ALLOWED USE; INCLUDING OPEN ROOFTOP USES AS A SPECIAL EXCEPTION USE; INCLUDING DEVELOPMENT STANDARDS THAT REFERENCES DENSITY AND INTENSITY, HEIGHI,FLOOR AREA RATIO, ANDIMPERVIOUS SURFACE RATIO REGULATIONS IN THE COMMERCIAL CORE AND TRANSITIONAL CHARACTER DISTRICTS FROM THE MADEIRA BEACH TOWN CENTER SPECIAL AREA PLAN; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN  EFFECTIVE DATE.  Director Rowan reviewed the item. Ordinance 2024-13 was prepared for the C-3 zoning district to be consistent with MBTC SAP amends the C-3, Retail Commercial Zoning District to reference properties within the PR-MU Future Land Use Category and other minor updates (including  townhomes as an allowed use and open rooftop uses as a special exception). Mayor Brooks opened to public comment. There were no public comments.  Vice Mayor Tagliarini motioned to approve Ordinance 2024-13, C-3 to be consistent with MBTC SAP amends the C-3 Retail Commercial Zoning District to reference properties within the PR-MU Future Land Use Category and other minor updates including townhouses as an allowed use and open rooftop uses as a special exception, after 1st Reading and Public Hearing. Commissioner  McGeehen seconded the motion. ROLL CALL: Vice Mayor Tagliarini Commissioner McGeehen "YES" Commissioner Kerr Commissioner Ghovaee Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  H. Ordinance 2024-14 C-4 to be consistent with MBTC SAP - 1st Reading & Public  Hearing  City Attorney Tom Trask read Ordinance 2024-14 by title only:  ORDINANCE 2024-14  August 14, 2024, BOC Regular Meeting Minutes  Page 11 of21    ANORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE V. DISTRICTS, DIVISION 8. C-4, MARINE COMMERCIAL, OF THE CITY'S LAND DEVELOPMENT CODE PROVIDING FURTHER INFORMATION ON DEFINITION; PURPOSE AND INTENT; ALLOWING TOWNHOUSES AS AN ALLOWED USE; INCLUDING OPEN ROOFTOP USES AS A SPECIAL EXCEPTION USE; INCLUDING DEVELOPMENT STANDARDS THAT REFERENCES DENSITY AND INTENSITY, HEIGHT, FLOOR. AREA RATIO, ANDI IMPERVIOUS SURFACE RATIO REGULATIONS IN THE CAUSEWAY CHARACTER DISTRICT FROM THE MADEIRA BEACH TOWN CENTER SPECIAL AREA PLAN; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY;  AND PROVIDING FOR. AN EFFECTIVE DATE.  Director Rowan said the ordinance brings all the development standards within those character districts within the C-4 Zoning District over from the Special Area Plan and puts them into the Land Development Regulations. The two additions, the open rooftop balcony and elevated terrace uses, ifcommercial or accessible to more than one temporary lodging vacation rental ori residential unit, must go through the special exception use process and allow townhouses to be permitted use.  Mayor Brooks opened to public comment. There were no public comments.  Mayor Brooks said each oft the ordinances has gone to Forward Pinellas and approved by them. Commissioner McGeehen motioned to approve Ordinance 2024-14, C-4 to be consistent with MBTC SAP, after Ist Reading and Public Hearing. Vice Mayor Tagliarini seconded the motion.  ROLL CALL:  Commissioner McGeehen "YES" Vice Mayor' Tagliarini Commissioner Ghovaee Commissioner Kerr Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  . Ordinance 2024-15, R-3 to be consistent with MBTC SAP - 1st Reading & Public  Hearing  City Attorney Tom Trask read Ordinance 2024-15 by title only:  ORDINANCE 2024-15  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE V. DISTRICTS,  August 14, 2024, BOC Regular Meeting Minutes  Page 12of21    DIVISION 4. R-3, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL, OF THE CITY'SLAND DEVELOPMENT CODE PROVIDING FURTHER INFORMATION ON DEFINITION; PURPOSE AND INTENT; ALLOWING TOWNHOUSES AS AN ALLOWED USE; INCLUDING OPEN ROOFTOP USES AS A SPECIAL EXCEPTION USE; INCLUDING DEVELOPMENT STANDARDS THAT REFERENCES DENSITY AND INTENSITY, HEIGHT, FLOOR AREA RATIO, AND IMPERVIOUS SURFACE RATIO REGULATIONS IN THE BEACHFRONT, CAUSEWAY,AND PENINSULA CHARACTER DISTRICTS FROM THE MADEIRA BEACH TOWN CENTER SPECIAL AREA PLAN; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY;  AND PROVIDING FOR AN EFFECTIVE DATE.  Director Rowan said the ordinance is similar to the other two. It brings all the development standards from the Special Area Plan into the Land Development Regulations and allows townhouses to be a permitted use and open rooftop balcony and elevated terrace uses as a special  exception use, which must go through the special magistrate.  Mayor Brooks opened to public comment. There were no public comments.  Vice Mayor Tagliarini motioned to approve Ordinance 2024-15, R-3 to be consistent with MBTC SAP, after 1st Reading and Public Hearing. Commissioner Ghovaee seconded the motion.  ROLL CALL: Vice Mayor Tagliarini Commissioner Ghovaee Commissioner Kerr Commissioner McGeehen "YES" Mayor Brooks The motion carried 5-0. Reading & Public Hearing  "YES" "YES" "YES" "YES"  J. - Ordinance 2024-16, Fees & Collection Procedures Manual FY 2024 Update #2 - 1st  City Attorney Tom Trask read Ordinance 2024-16 by title only:  ORDINANCE 2024-16  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, ADOPTING THE FEES AND COLLECTIONS PROCEDURE MANUAL; REPEALING ORDINANCE 2024- 05; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN  EFFECTIVE DATE.  August 14, 2024, BOC Regular Meeting Minutes  Page 13of21    Finance Director Andrew Laflin said the item was presented at the workshop. The following  changes were made:  Development Services - Site Plan Review and Zoning update. Finance Department - Parking Fee increase from $3.00 to $4.00 an hour. Fire Department - Short Term Vacation Rental Inspection Annual $100.00  Municipal Marina - Transient, Wet Slip & Dry Storage rental fee update.  Mayor Brooks opened to public comment. go toward the parking garage.  Chuck Dillion, 529Lillian Drive, wanted tol know ifany of the increases to the parking fees would Mayor Brooks said part ofthe changes for approval would be a savings toj people who are building. The fee was removed for the submittal of a preliminary site plan and additional site plan review submittals. They reduced the Land Development Regulation interpretation fees and made it one flat fee. Part ofthe $4.00 increase inj parking fees will go toward building the parking garage. The The City Manager said they also updated the various fees in the Marina operations that go into the Commissioner Kerr motioned to approve Ordinance 2024-16, Fees & Collection Procedures Manual FY 2024 Update #2, after 1st Reading and Public Hearing. Commissioner Ghovaee  annual $100: short-term vacation rental inspection fee has been removed.  Marina Fund.  seconded the motion. ROLL CALL: Commissioner Kerr Commissioner Ghovaee Vice Mayor Tagliarini Commissioner McGeehen "YES" Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  K. Ordinance 2024-17, Business' Tax Receipt Fee Update- - 1st Reading & Public Hearing  City Attorney Tom Trask read Ordinance 2024-17 by title only:  ORDINANCE 2024-17  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 62TAXATION, ARTICLE II LOCAL BUSINESS TAX, SECTION 62-60 LOCAL BUSINESS TAX SCHEDULE OF THE CITY'S CODE OF ORDINANCES TO INCREASE THE LEVY OF THE  August 14, 2024, BOC Regular Meeting Minutes  Page 14 of21    LOCAL BUSINESS TAX FEES BY FIVE PERCENT; PROVIDING FOR CONFLICT, CODIFICATION AND SEVERABILITY; AND PROVIDING  FOR AN EFFECTIVE DATE.  Director Rowan said their business tax receipts have not been updated since 2014. They are allowed to increase it by 5% every other year. The proposed ordinance reflects a 5% increase in  the business tax receipts across the board.  Mayor Brooks opened to public comment. There were no public comments.  Mayor Brooks said the fees collected go to the General Fund and are not allocated towards any Vice Mayor Tagliarini motioned to approve Ordinance 2024-17, Business Tax Receipt Fee Update, after 1st Reading and Public Hearing. Commissioner McGeehen seconded the motion.  specific spending but the General Fund.  ROLL CALL: Vice Mayor Tagliarini Commissioner McGeehen "YES" Commissioner Ghovaee Commissioner Kerr Mayor Brooks The motion carried 5-0. 11. UNFINISHED BUSINESS 12. NEW BUSINESS  "YES" "YES" "YES" "YES"  A. Resolution 2024-04, Adoption of Section 125 Cafeteria Plan City Attorney Tom Trask read Resolution 2024-04 by title only:  RESOLUTION 2024-04  ARESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA, ADOPTING A SECTION 125 CAFETERIA PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.  Finance Director Laflin said the purpose of the resolution is to memorialize a plan document for health and other benefits for employees to ensure compliance with IRC, Internal Revenue Codes,  Section 125.  Mayor Brooks opened to public comment. There were no public comments.  August 14, 2024, BOC Regular Meeting Minutes  Page 15of21    Commissioner Ghovaee motioned to adopt Resolution 2024-04, Adoption ofs Section 125 Cafeteria  Plan. Commissioner Kerr seconded the motion.  ROLL CALL: Commissioner Ghovaee Commissioner Kerr Commissioner McGeehen "YES" Vice Mayor Tagliarini Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  B. Resolution 2024-05, Holiday Halfathon Road Closure City Attorney Tom Trask read Resolution 2024-05 by title only:  RESOLUTION 2024-05  Al RESOLUTION OF THE CITY OF MADEIRA BEACH, FLORIDA,  ESTABLISHING:  SUNDAY, DECEMBER 22, 2024 SUNDAY, DECEMBER 21, 2025 SUNDAY, DECEMBER 20, 2026 SUNDAY, DECEMBER 19, 2027 SUNDAY, DECEMBER 17,2028  AS THE DATES FOR THE ANNUAL FLORIDA GULF BEACHES HOLIDAYHALFATHON.STARTING INI MADEIRA BEACH ADJACENT TO CITY HALL, SOUTH TO MADEIRA WAY, WEST TO GULF BOULEVARD, HEADING NORTH IN THE NORTHBOUND LANES OF GULFI BOULEVARD TO INDIAN SHORES; ALLOWINGTEMPORARY ROAD RESTRICTIONS TO BE CREATED BETWEEN 6:00 A.M. AND 9:00 A.M., TO BE FIELD ADJUSTED AS NECESSARY BY THE PINELLAS COUNTY SHERIFF'S OFFICE; AUTHORIZINGTHE CITY MANAGER TO SIGN THE FLORIDA DEPARTMENT OF TRANSPORTATION APPLICATIONS, PROVIDED BY THE RACE DIRECTOR, FOR TEMPORARY CLOSING OF A STATE ROAD; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR  AN EFFECTIVE DATE.  Recreation Director Jay Hatch said it is the fourth time doing it for the Gulf Beaches Holiday Halfathon. The City supports the event through the temporary single road closure. The resolution  secures the road closure for the event dates listed. August 14, 2024, BOC Regular Meeting Minutes  Page 16of21    Mayor Brooks opened to public comment. There were no public comments.  Commissioner McGeehen motioned to adopt Resolution 2024-05, Holiday Halfathon Road  Closure. Vice Mayor Tagliarini seconded the motion.  ROLL CALL:  Commissioner McGeehen "YES" Vice Mayor Tagliarini Commissioner Kerr Commissioner Ghovaee Mayor Brooks The motion carried 5-0.  "YES" "YES" "YES" "YES"  C.A Appointments- - Civil Service Commission  The City Attorney said there is a vacancy on the Civil Service Commission with a partial term expiring on October 30, 2026, and two expiring terms on October 30, 2024. There were two applicants, one is from a current member, Paul Tilka. The other current member, Christina Ponte,  did not want to apply for reappointment.  Applicants:  James Michael Paul Paul Tilka  The recommendation for the Board ofCommissioners is as follows:  1. Appoint James Michael Paul to serve as a member of the Civil Service Commission for a 2. Appoint Paul Tilka to serve as a member ofthe Civil Service Commission for a new term  partial term expiring on 10/30/2026. expiring on 10/30/2027.  Mayor Brooks opened toj public comment. There were no public comments.  Commissioner Kerr motioned to approve the staff's recommendation to appoint James Michael Paul and Paul Tilka to serve on the Civil Service Commission. Commissioner McGeehen: seconded  the motion.  ROLL CALL: Commissioner Kerr Commissioner McGeehen "YES" Vice Mayor Tagliarini Commissioner Ghovaee  "YES" "YES" "YES"  August 14, 2024, BOC Regular Meeting Minutes  Page 17of21    Mayor Brooks The motion carried 5-0.  "YES"  D. Appointments- -] Planning Commission  The City Attorney reviewed the item. There is a vacancy on the Planning Commission due to the resignation of a member who was appointed on July 10, 2024, to serve on the Board of Commissioners and two expiring terms on 9/30/2024. The applicant appointed to fill the vacancy is for aj partial term expiring on 9/30/2025. The recommendation is to fill the vacancy and the two expiring terms. The Commission members will select three out of the five applicants listed on the ballot. Two ofthe applicants are current members with the expiring terms: John Meagher and John  Connolly. Applicants:  Mark Cloud Whitney Duenas Richardson Randall Keys John Meagher John Connolly  The three applicants in attendance, John Connolly, Whitney Duenas Richardson, and Randall Keys, gave their backgrounds and reasons for wanting to serve on the Planning Commission. The City Clerk provided al ballot to each ofthe Commission members to mark three selections and  read aloud each Commission member's selection, which are as follows:  Mayor Brooks Mark Cloud John Meagher John Connolly Vice Mayor Tagliarini Mark Cloud John Meagher John Connolly Commissioner Kerr Mark Cloud Randall Keys John Meagher Commissioner McGeehen  Whitney Duenas Richardson  August 14, 2024, BOC Regular Meeting Minutes  Page 18 of21    Randall Keys John Connolly Commissioner Ghovaee Mark Cloud John Meagher John Connolly  The City Clerk tallied the votes and read the totals aloud as follows:  Mark Cloud Whitney Duenas Richardson Randall Keys John Meagher John Connolly  4 1 2 4 4  The City Clerk announced that the three applicants with the highest votes were:  Mark Cloud John Meagher John Connolly  4 4 4  Mayor Brooks thanked the applicants for applying and coming to the meeting.  13. CONTRACTS/AGREEMENTS  A. Contract. Approval RFP 2024-06 City Facility Cleaning Services  Director Megan Wepferreviewed the item and said it was discussed at the workshop meeting. The contract is with American Janitorial, Inc. for an annual base price of$136,319.44. The savings to the City would be upwards of $14,000 annually, which will be broken up into several different  departments.  Mayor Brooks opened to public comment. There were: no public comments.  Vice Mayor Tagliarini motioned to approve the City Facility Cleaning Services Agreement with American Janitorial, Inc. for a three-year term with two one-year optional renewals for  $136,319.44 annually. Commissioner Ghovaee seconded the motion.  ROLL CALL: Vice Mayor Tagliarini Commissioner Ghovaee Commissioner Kerr Commissioner McGeehen "YES" Mayor Brooks August 14, 2024, BOC Regular Meeting Minutes  "YES" "YES" "YES" "YES"  Page 19 of21    The motion carried 5-0.  14. AGENDA SETTING- - August 28, 2024 BOC Regular Workshop Meeting  A. PCPAP City of MB Right-of-Way (ROW) Map Information - Election Candidates  Campaign Sign Placement B. Commission Districts  C. Flood Insurance Update/Homestead Issue- - Letter to State E. ITB #24-08 Archibald Park Bathroom Project H. Seawall Repair/Replacement RFP 2024-03 I.A Alcohol, Noise, and Special Events  D. ITB #24-07 Award of Bid for Awning over Parking/Storage area at Fire Station F. RFQ24-09 Construction Manager At-Risk N Redington Fire Station G. Approval of2024 EMS ALSFR Agreement & FY25. ALSFR Budget  Mayor Brooks said in the public comment at the beginning of the meeting there was a request about short-term rentals. That is an item that the City Manager will be bringing to the September workshop meeting to discuss short-term rental enforcement and code enforcement on tall grass The City Manager reviewed the workshop items listed on the agenda for the August workshop  and derelict items in the yards.  meeting.  Mayor Brooks opened to public comment. There were no public comments.  15. REPORTS/CORRESPONDENCE  Board of Commissioners - 2024 BOC Scheduled Meetings  The City Clerk said there would be a change to the meeting schedule. Where she listed the upcoming Commission seats for the candidate qualifying period, she will add the Mayor  with Districts 3 and 4. City Attorney No report.  City Clerk - August 2024 City Clerk's Report  The City Clerk encouraged everyone to read the history of the Madeira Tomorrow Project Mayor Brooks asked about the Laserfiche project where the City's history will be uploaded to. The City Clerk gave an update and said she hoped tol have the public portal available by the middle of September. Mayor Brooks said when sitting with the City Clerk's Office she  in the City Clerk's Report.  August 14, 2024, BOC Regular Meeting Minutes  Page 20 of21    found Laserfiche to be a cool software. It will be a fun and neat place to read about the City's history. Not everyone knows about the history ofMadeira Beach. Laserfiche will be au user-friendly portal for searching old documents and reading about the City's history. The City Manager said the purpose of the Laserfiche software is public usage. The public will be able to access thousands of pages of documents, from meeting minutes, agendas, contracts, and agreements to projects the City approved. It will be a wealth of where the meat of the City will be located. It is essentially the repository of the City of Madeira Beach, a place to make almost every document available to the public. A lot ofcities are The City Clerk said it would be a starting point, the first time using that type of program. There will probably be tweaks to be made, SO she welcomes feedback from everyone on Tropical Storm Debby - Commissioner Ghovaee said they weathered the storm really well. He recognized the City Manager for doing a wonderful job for the City. He was dedicated and worked tirelessly all over the place. The Mayor recognized the City Manager, fire department, public works department, and the recreation department for doing an amazing job. Their wonderful staff pulls and works together to do what needs to be done. Commissioner Ghovaee said the Trash Pirates did an amazing job cleaning the beaches.  using Laserfiche.  the program because they want it to be a great program.  City Manager  The City Manager thanked everyone for doing a great job during the storm and for the preparation and cleanup afterward. He invited everyone to attend upcoming public  meetings and events. 16. ADJOURNMENT  Mayor Brooks adjourned the meeting at 8:34 p.m.  (a aniblalu Anne-Marie Brooks, Mayor  ATTEST:  Llanduzl Clara VanBlargan, MMC,MSM, City Clerk  a  August 14, 2024, BOC Regular Meeting Minutes  Page 21 of21    CITY OF MADEIRA BEACH PLANNING COMMISSION APPOINTMENT BALLOT August 14, 2024 - BOC Regular Meeting  CANDIDATE  1 Mark Cloud  0j0j001014 0j00/00) ojojooo 2 00000) 4 0000014 0j0000 0oo0o 00000 00000 00000 00000  2 Whitney Duenas Richardson  3 Randall Keys 4 John Meagher 5 John Connolly  6 7 8 9 10 11    CITY OF MADEIRA BEACH PLANNING COMMISSION APPOINTMENT BALLOT August 14, 2024. - BOC Regular Meeting  CANDIDATE  00/00) 0 0000]0 000/00 00000 00000 00000 00000 00000 00000 00000 00000  1 Mark Cloud  2 Whitney Duenas Richardson  3 Randall Keys 4 John Meagher 5 John Connolly  6 7 8 9 10 11    CITY OF MADEIRA BEACH PLANNING COMMISSION APPOINTMENT BALLOT August 14, 2024- - BOC Regular Meeting  CANDIDATE  00000 00000 00000 00000 00000 00o0]o 00000 0000]0 0o000 00000 0o00]0  1 Mark Cloud  2 Whitney Duenas Richardson  3 Randall Keys 4 John Meagher 5 John Connolly  6 7 8 9 10 11    CITY OF MADEIRA BEACH PLANNING COMMISSION APPOINTMENT BALLOT August 14, 2024. - BOC Regular Meeting  CANDIDATE  00000 00000 00Q00 0000 O000o ooooo 0ojo00 00000 0o000 Oojooo 00000  1 Mark Cloud  2 Whitney Duenas Richardson  3 Randall Keys 4 John Meagher 5 John Connolly  6 7 8 9 10 11    CITY OF MADEIRA BEACH PLANNING COMMISSION APPOINTMENT BALLOT August 14, 2024-1 BOC Regular Meeting  CANDIDATE  00000 00000 0000]0 0e000 0e00]0 00000 0oo0]0 0000]0 0oo0]0 0joo00 00000  1 Mark Cloud  2 Whitney Duenas Richardson  3 Randall Keys 4 John Meagher 5 John Connolly  6 7 8 9 10 11    CITY OF MADEIRA BEACH PLANNING COMMISSION APPOINTMENT BALLOT August 14, 2024 - BOC Regular Meeting  CANDIDATE  00000 0000]0 00000 00000 00000 00o00 00000 00000 00o00 oojooo 0000]0  1 Mark Cloud  2 Whitney Duenas Richardson  3 Randall Keys 4 John Meagher 5 John Connolly  6 7 8 9 10 11