FLLEA ) ELORIDS City Council Meeting City of Belleair Beach, Florida Monday, January 6, 2025 Community Center, 6:00pm PUBLIC MEETING MINUTES The meeting was called to order at 6:00pm by Mayor Dave Gattis. The invocation was given by Mayor Gattis followed by a Pledge of Allegiance to the Flag of the United States of America. Roll Call: Present were Councilmembers Frank Bankard, Todd Harper, Kim Shaw Elliott, Jody Shirley, and Anders Wellings; and Mayor Dave Gattis; City Manager Kyle Riefler, City Attorney Randy Mora, and City Clerk Renee Rose. Vice Mayor Lloyd Roberts was absent. For continuity, items are listed in agenda order although not necessarily discussed in that order. 1. Approval of Agenda. approve the agenda. Motion passed 6-0 (1 Absent). MOTION was made by Councimember Bankard and seconded by Councimember Harper to 2. Presentation: Pinellas County Sheriff's Office - Law Enforcement monthly report Sgt. Boulton shared the report from November. There was no violent crime, but there were two assaults involving non-residents. There was an arrest for driving under the influence and two arrests for not having a driver's license. There were traffic stops and directed patrols, one minor crash, and 163 warnings and citations. Code Enforcement monthly report City Manager Riefler provided the code enforcement report. Most code enforcement has bene surrounding cleanup and temporary signage after the storms. The deputy has been contacting residents that still have debris piles to ensure a plan for removal now that the contractors have completed their final pass. Any additional debris will be at the resident's expense. 3. Presentation: Pinellas Suncoast Fire & Rescue District District Chief Raisch reported 21 emergency responses for the month of December, including fire alarms, electrical hazards, medical emergencies. Raisch announced that Chief Davidson has Mayor Gattis passed along that they greatly appreciate Chief Davidson's efforts. filed paperwork to retire on February 21. 4. Quarterly Board Reports Mike Kelly, Chair of the Board of Adjustment, reported on a complex hearing this quarter involving two property owners requesting five variances for a shared dock. The variances were approved but are now being appealed by a neighbor in Circuit Court. Kelly also thanked the council for promoting Jerry Wiszowaty from alternate to full member. Councimember Elliott asked for more details about the variances, and Kelly explained that the dock would extend nearly 70 feet into the water, needing to cross over beach land to reach navigable water. City Attorney Mora City Clerk Rose provided the Park and Recreation Board report on behalf of Chair Patti Roberts. The board is looking for new members, as they are down to three members and would appreciate the help. They sell merchandise, including beach towels, koozies, and water bottles. Some of their events were postponed following the hurricanes, but they resumed in December advised reviewing the minutes and records due to the pending appeal. City Council Meeting Monday, January 6, 2025 with the Holiday Social, which was well attended. Beach cleanup resumed in. January; it's held the first Saturday of each month at the 19th Street Beach Access at 8am. They will be scheduling blood drives in February and March, and they are working on the health and wellness fair. Councilmember Elliott asked about the Sunset Social. Rose said she believed that was on a trial Doug Prescott, Planning and Zoning Board Chair, said the board named him chair. They discussed the ordinance on the agenda and unanimously recommended it move forward. City Attorney Mora said there are a series of ordinance updates that will come to council following Planning and Zoning review. The Board of Adjustment proceedings are on appeal. The appeal is limited to the record and initiated by a neighboring property owner challenging the relief being granted. It appears as if it's against the city, but there are no proceedings against the city; the proceedings are challenging the decision made by the board. Mora continues to work with the manager and team on hurricane response recovery efforts. He reminded the elected council that the clock restarted on completing their annual 4-hour ethics training and financial disclosure statements. Councilmember Harper asked about the training, as he completed his in December. Mora said his situation as a recently appointed member is slightly different. Mora will look into the period and they did not host any following the hurricanes. 5. City Attorney Report timing and report back. 6. City Manager Report City Manager Riefler provided an update on hurricane recovery efforts, noting that damage estimates are about 70% complete. So far, 134 storm repair permits have been processed for over 300 affected structures. Around 50 structures have been deemed substantially damaged, though some have been overturned after detailed reviews. The 12th Street beach access remains closed, but progress has been made. Staff stacked the paver bricks to possible put them back in the future. The sidewalk going out to the steps in the seawall was undermined and had to be removed. They will need to replace concrete on the sidewalk and seating area and replace the shower to open the access while they continue to work through the interlocal agreement. Councimember Shirley asked about the cost of concrete work, and Riefler estimated it would require 2-3 yards. Shirley supported moving forward and suggested a contractor handle the forming and finishing. Riefler agreed that the priority is to reopen the access, and once that's done, staff can focus on replacing sod and irrigation. Councilmember Elliott suggested considering future improvements to the access, such as more seating and shade, and Councilmember Wellings agreed with moving forward and having a contractor do the work. He also inquired about erosion under Mayor Blume's neighboring wall, which will need shoring up. Councilmember Bankard praised the staff's quick work in cleaning other access points and asked ifthe concrete would be temporary or permanent. Riefler clarified that the sidewalk would be permanent, but the pad might be temporary until further decisions are made. Mayor Gattis Manager Riefler said he will be meeting with Duke this month and anticipates them resuming the undergrounding project. The stormwater project has completed the curb replacement and paving. The focus is now on the pipe lining, starting at the 18th Street outfall. They'll also extend the elliptical pipe from the newly installed inlets at the swale on Harbor Drive and 9th Street. They'l! install a flange valve into that pipe to prevent the backflow into the retention pond. The code review project is ongoing, with the first ordinance on the agenda tonight. The Planning and Zoning board will meet on Wednesday, January 15 at 10am to continue working through the recommendations. A presentation on the 9th Street pump project is scheduled for the January 27 work session. Mayor Gattis asked if multiple topics could be covered at the work session, and supported Elliott's idea of making improvements during this process. Riefler confirmed. Gattis said the contractor did a great job on 22d Street. 7. City Clerk Report 2 City Council Meeting Monday, January 6, 2025 8. Citizens Comments. (Each speaker will be recognized once and will be limited to a (3) Peter Mihalick, 205 Harrison Ave, said it's gratifying to see the progress that has been made ino cleaning up after the hurricanes. He asked about the boat behind the community center. three-minute presentation on any subject that is not on the Agenda) 9. City Manager Follow-up to Belleair Beach. City Manager Riefler said the boat removal is in process. There is a contracted company towing out around 60 vessels. The sergeant for the marine division is trying to get the tow unit up Mr. Mihalick asked if the boats were abandoned. Manager Riefler said yes, and money is coming from the state to remove them. Mayor Gattis said another challenge is that there's been very low tides recently. Councilmember Elliott said there were children climbing on the boat the other day. It's dangerous and a liability issue. She suggested cordoning off the area, Councimember Bankard asked if the city is liable. City Attorney Mora said it's not the city's property. It's property that's been abandoned. The city could be listed in a court filing if someone is injured, along with multiple agencies. It doesn't mean the city did something they shouldn't have. Anything the city does to warn or deter is prudent. Mr. Mihalick asked if the city should put signs around the boat to make people aware to not get ont the boat to mitigate some liability. Mora said signage is helpful. It won't stop them, but it can't hurt to mitigate and warn. Consent. Agenda 10. Approval of December 2, 2024 City Council Meeting Minutes MOTION was made by Councilmember Bankard and seconded by Councilmember Shirley to approve the Consent. Agenda. Motion passed 6-0 (1 Absent). Regular Agenda 11.Consideration of Ordinance 2025-01, An Ordinance Of The City Council Of The City Of Belleair Beach, Florida, Amending The Belleair Beach Land Development Code, Specifically Amending Section 94-161 Governing Building Specifications And Limitations In The RM District I, Also Amending Section 94-209 Governing Building Height In The RL District II Providing For Implementation, Providing For Resolution Of Conflicts; Providing for Severability; And Providing An Effective Date. (First Reading) City Attorney Mora read Ordinance 25-01 in title only. He said this change came about through the code review process. This standardizes how building height is measured and addresses the issue of what counts as a story in terms of height limitation. Three habitable stories may be constructed alongside a garage or storage area. No residence may exceed three stories. The elevation requirement by the Florida building code is base flood elevation plus 1 ft. This ordinance was prioritized following the hurricanes as residents are reconstructing homes. City Manager Riefler said they've had variance requests in the past to allow three habitable floors. MOTION was made by Councilmember Harper and seconded by Councimember Wellings to Councilmember Harper attended the Planning and Zoning Board meeting when the board discussed this ordinance. It makes more habitable space. Councilmember Bankard asked if the (City Attorney Mora) approve Ordinance 2025-01. 3 City Council Meeting Monday, January 6, 2025 chimney is included in the 35 ft. Manager Riefler said no, the chimney and roof peak are not included. Mayor Gattis said the buildings aren't higher, but if the garage level is above base flood elevation, the property owner can build up to 35 ft ift they can put it in next to the garage. Previously they couldn't use the bottom story. Councimember Shirley asked the BFE and average street elevation for Belleair Beach. Manager Riefler said the BFE is anywhere from 8-10 feet and street elevation is around 4 ft. Shirley said the street is at 4 ft, then the lot is built up another 4 ft to BFE, and then they can add 35 ft; it could be a problem. Riefler said historically they've based the height code off the base flood elevation. Shirley said a lower lot could be built up 5-6 ft, add an additional 35 ft and it may create problems. She suggested an architectural review board or architectural standards. Riefler said they don't allow property owners to build the lot unnecessarily higher than typical grade to correct drainage to the road. Gattis said Belleair Beach will look dramatically different, especially at the south end. Riefler said there may be larger structures on the southern lots, which are smaller lots. Councilmember Bankard Councilmember Harper Councilmember Elliott Councilmember Shirley Councilmember Wellings Mayor Gattis Motion passed 5-1(1A Absent). Yes Yes Yes No Yes Yes 12. Consideration of B23-01 Drainage and Street Improvement Project Change Order #008 Emergency Repair of Damaged Curb on gth Street (City Manager Riefler) City Manager Riefler said the new curb on gth Street was damaged during clean up after the MOTION was made by Councilmember Elliott and seconded by Councimember Shirley to Councimember Elliott asked ift the work was done already. Manager Riefler said yes, the CO isa after the fact. They needed to make repairs before they could do the paving. Elliott appreciated the attentiveness and prompt response because it needed to be done. Councilmember Bankard noted one of the pictures shows a stress fracture, and not damage; he said it looked like the contractor poured concrete directly onto the soil. Riefler confirmed that they kept the earth hurricanes and needed to be repaired prior to paving the road. approve Change Order #008. compacted. Mayor Gattis called for a voice vote. Motion passed 6-0(1 Absent). 13. Unfinished Business Councilmember Bankard mentioned the county's proposed permit for beach nourishment. and questioned whether perpetual easements are necessary, as it was an emergency situation. Manager Riefler said Pinellas Co Public Works doesn't have ai timeline and is working on securing funding after the disasters. Mayor Gattis believes it's an attempt to make the beach communities feel good. The county applied for permits, but those permits aren't any good if the Army Corps of Engineers is doing the project. Councimember Shirley said the permit requested was for dredging certain passes and not directed toward Belleair Beach. Gattis said the map was half of Sand Key down to Belleair Shore. Councimember Bankard said he went to the Belleair Shore meeting, and a commissioner said the state dumped sand they wanted Belleair Beach to move. Riefler 4 City Council Meeting Monday, January 6, 2025 confirmed that the sand had been moved, as the state's mission was just to clean, not replenish the beach. Gattis said if the Corps of Engineers does this project, Belleair Shore and south Belleair Beach won't get beach nourishment because they don't have anything to offer. There's no public parking; it disqualifies them from beach nourishment from the COE. There may be pressure on the County to convince Belleair Shore to take county sand now that they've seen what happens to their property without beach nourishment. The county has to fully fund this project and Belleair Shore needs to be convinced to accept this project and sign the temporary easements. Bankard said Belleair Shore wants to reinforce people going on to the beach accesses by rebuilding the gates and they hope Belleair Beach would help. Belleair Shore won't get federal funding for beach nourishment. Bankard agreed with Gattis that they need to push Belleair Shore. 14. City Council Comments Councilmember Elliott wished everyone a happy new year. It's a year of renewal; the city is going through a change. Improvements will be made. She is focused on the future and encouraged residents to contact her if she can help them. She would like to consider more sustainable native plantings that can withstand saltwater. It may not be consistent with existing codes, but she'd like to study how they can have a more salt tolerant landscaped community. Councilmember Bankard shared an update from a recent meeting with Elevate Florida and FEMA, where residents were concerned about whether homes sold after the storms would be eligible for funding. He reached out to state senators and representatives but has not received an answer yet. Bankard also noted that a SBA loan representative provided useful information about an interest-free loan for one year, with the governor considering extending it. The deadline for the loan application is tomorrow. Councimember Elliott clarified that the low-interest rate is only available to those who cannot qualify for a mortgage or lack the resources to self-fund improvements. Those who don't meet that threshold can still access loans, but at a higher interest Councilmember Harper asked about the properties deemed substantially damaged and what the determination means for those properties. Manager Riefler said the properties determined to be substantially damaged by the estimator tool go through a re-evaluation and can show if they can repair the structure for less than 50% of the value. Some owners are opting to tear down. It depends on each owner's situation. Harper asked if the majority of substantially damaged homes were concentrated in one area. Riefler said the reports show Cedar, Palm, the lower areas in the south. It's assumed there's a consistent way of measuring, and then they go through a reevaluation. Harper finished by wishing everyone a happy new year. Councilmember Wellings wished everyone a happy new year. He is impressed with how clean most of the streets are as he walks around town. There are ai few houses that need help, and some are listed in the code enforcement report, but some are not. Manager Riefler said the code enforcement officer may not have caught up to them yet. Wellings asked if the officer makes a report, does he get a plan or communication from the property owner. Riefler said he's done courtesy notices, then circles back to see if action has been taken. The next step will be a formal code violation notice, and if there's no contact it could go to a hearing. Riefler said they are going to be understanding and ift they communicate with the officer a reasonable timeline, the city is Mayor Gattis noted the heated conversation last month regarding the city manager's salary increase. As Councimember Shirley stated, they cannot arbitrarily increase the city manager's pay without amending the budget. Gattis requested at the next work session that Manager Riefler present recommended budget amendments to increase salaries for the city manager and the city clerk to 10% retroactively to bring them more in line with neighboring communities. They have done an exemplary job of helping the city recover and bringing relief to the community during the storms. If they reach an agreement, council can vote on the budget amendment at the February rate. Bankard concluded by wishing everyone a happy new year. flexible. meeting. He closed by wishing everyone a happy new year. 5 City Council Meeting Adjournment Monday, January 6, 2025 MOTION was made by Councilmember Bankard and seconded by Councimember Shirley to adjourn the meeting at 7:12pm. Motion passed 6-0 (1A Absent). Februavg 3,2025 Date Approyed ATTEST: APPROVED: DweDaln Dave Gattis, Mayor Renee Rose, CMC City Clerk 6