e good evening and welcome to the Board of Commissioners regular meeting today is Wednesday April 2nd 2025 it is 6: PM City attorney would you lead us in the invocation and Pledge of Allegiance
please our heavenly father we seek blessings on the task before us bless our efforts with clear Insight our deliberations with wisdom our work with Clarity and accuracy and our decisions with impartiality we pray that our work this evening will find favor in your sight this we pray
amen I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all city clerk would you please call the
role Mayor Brooks here ice mayor Kerr here commissioner tagen here commissioner McAn here commissioner gabay here all are present next on the agenda is approval
of the agenda do do we have a motion like to make a motion to approve the agenda as written do we have a second second city clerk would you call the role please vice mayor Kerr yes commissioner
gabay yes commissioner mcgean yes commissioner tagini yes Mayor Brooks yes the motion carried 5 to zero next on the agenda is proclamations the 56th annual professional Municipal clerks week runs May the 4th through the 10th
2025 whereas the office of the professional municipal clerk a time honored and vital part of local government exists throughout the world and whereas the office of the professional municiple clerk is the oldest among public servants and whereas
the office of the professional municipal clerk provides the professional link between the citizens the local governing bodies and agencies of government at other levels and whereas professional Municipal clerks have pledged to be ever
mindful of their neutrality and impartiality rendering equal service to all whereas the professional municipal clerk serves as the information center on functions of local government and Community whereas professional Municipal
clerks continually strive to improve the administration of the Affairs of the office of the professional municipal clerk through participation in education programs seminars workshops and the annual meeting of their state provincial
County and international professional organizations whereas it is most appropriate that we recognize the accomplishments of the office of the professional municipal clerk I now therefore I and Marie Brooks mayor of
the city of madira beach do recognize the week of May the 4th through the 10th 2025 as professional Municipal Clerk's week and further extend appreciation to our professional municipal clerk Clara van bigan and to all professional
Municipal clerks for the vital Services they perform and their exemplary dedication to the communities they represent thank you Clara thank you thank you we have no presentations and with no
public for comment we will move on to approval of the minutes if everyone has had the opportunity to review the minutes and there are no changes do we have a motion I move we approve the minutes of the
meeting do we have a second second city clerk would you call the role please commissioner tagy yes commissioner McAn yes commissioner gabay yes vice mayor Kerr yes Mayor Brooks yes
the motion carry 5 to zero next on the agenda is the cassette agenda with nothing we will move on to public hearings ordinance 2025-the new Personnel policy second reading and public hearing and I will hand this to
our City attorney thank you mayor I'm going to go ahead and read this ordinance by title only uh ordinance 20251 an ordinance of the city of Mader Beach Florida adopting a new Personnel policy repealing ordinance 2019-13 and providing for an effective date that was the second final reading
of ordinance 2025 d01 it does include changes that were requested by the Board of Commissioners at the meeting that was held on March 12th my partner Rob eanf Felder is here to address any further concerns that the commission may have with no one in the audience for
public comment Commissioners comments the changes were they um were they highlighted were they red um no there it wasn't a strike through underline so um the first change was uh on call status uh the status um
uh provided that uh exempt employees are ineligible for overtime and so uh what I did there is is uh combined uh section um uh 4 C 4 A and C um but I left the
ineligible for status language because uh the policy should be clear that an flsa exempt employee can never be on call all as that term is used under the FL flsa requirements uh it is important for the commission to understand that
under the flsa non-exempt employees are required to be paid for all hours worked and must be paid a premium rate for overtime um they uh also must be compensated for time spent on call waiting to be called back to work such
as uh time spent predominantly for the employer's benefit so uh exempt EMP employees on the other hand are not entitled by law to compensation in excess of their regular salaries even for on call time under the flsa exempt
employees must generally be paid on a salary rather than an hourly basis flsa regulations do provide that additional compensation besides the salary is not inconsistent with salary basis payment however such additional compensation is
contemplated to be in the nature of say a one-time performance bonus for an exceptional project completed um payment of exempt employees based upon the number of hours they work uh or are on call typically violates the act's salary basis test therefore
awarding exempt employees extra pay such as on call pay would lead to the loss of an employes exempt status and by extension to the ability of the employer uh for uh for back overtime pay uh under the fsa's two-year look back period
the second change that was made was uh a comment about floating holidays and that what they wanted to change to a calendar year uh from a calendar year to a fiscal year I made that edit uh in terms of the vacation provision uh that the you
wanted it changed uh from calendar year to fiscal year uh and to remove the sentence after the chart that read vacation leave must be used by December 31 of each year I made those edits mayor did share with me though that um one additional edit that's needed to to make
it consistent with the commission's intent is um on Section Roman numeral 7 capital a paragraph three accumulated vacation leave will be tracked by payroll and then there was a sentence employees who do not use their vacation
leave by the end of the calendar year shall forfeit their remaining unused leave that also should have come out and so with your motion to approve well good make that change and and provide that to everyone um and then there was Final
edit was the uh language on the degree program uh and you wanted that change from 80% to 100% um and so that was done as well so those were the edits that the commission had asked for last time thank thank you you go ahead
um as long as the um you're okay with the clarity on I think there was on the definition of the exempt versus non-exempt um I knew we talked about changing fiscal from calendar but I didn't know we actually made
that request is that what everyone wanted to do M that was my it was my understanding okay sorry that was my understanding if that's what the commission wanted to do then that's fine
um I have no other comments commissioner I have no comments thank you Commissioners no comments I have two um number one we did not receive the updated Personnel policy until today so I'm not even sure if
everyone here read it or got to read your comments um but there was one thing in your comments that I did see that was in regards to allowing the city manager to make the determination on how long someone would have to work for the
city um if we paid for their tuition I don't agree with that uh what I would agree with or would think would be a better use and and my reasoning for not agreeing with that is if the city manager and showed bias or favoritism
and might would give one person a year and someone else 3 years or 5 years but as a compromise to that I thought what would be maybe a better option would be if you get a bachelor's degree it's three years if you get a master's degree
it's five doesn't matter who you are and that would whatever that number would be and in saying that I is that something that we would have to vote to change today could we leave it what we originally int said was one year and
then could the commission talk about this at a later date and that could come back and be changed that that way we could Workshop it which I'd also like to come on that since we didn't receive the final until today um the city clerk's office had taken theyve been going
through the final um read as was received and found different areas where there was conflict of verbiage used and different things like that and that are not necessarily hugely consequential and you and I had a brief conversation and
you gave some explanation on that if we vote to approve this tonight can we still bring this back to a workshop along with all of the input from the city clerk's office so that we can address the the concerns of the city clerk in regards to being consistent
with the charter having an understanding of why we would not CH those sorts of things is that permissible where we're approving it it can go out the Civil Service Commission has done their job and we're just going to Wordsmith some things with the charter yes absolutely
you know the as everybody knows this has been multi-year project and we'd like to get the entire package done there's a lot of moving Parts um and we do contemplate that it would be rolling out to employees so that would be my recommendation is just go ahead and adopt all three ordinances tonight and
then you know certainly I had not been the clerk had not shared with me any of her comments so I have no I I did not have the opportunity to prepare to respond to them tonight but what you had briefly shared with me I don't see any Charter you know issues or problems or
concerns but we can talk about that in a future workshop and if we need to make any particular tweaks we can easily come back with a a glitch ordinance if you will and insert whatever we need to do I just want to make sure I mean it it just it seems to me like we want to get it
all right right but I also can appreciate let's move it forward and still come back so um I I would like to see us put this on our next workshop and let the city clerk present us before the workshop with what they find and then we
can all be on the same page have the conversation but we're able to move um the policy handook forward the Civil Service Commission has worked for over three years I think it's like five on getting from when the project started and and if the clerk can share with me
whatever she's developed you know in full I'll be happy to analyze each one and provide my response and I got this just just to be fair to Clara and her office um I was here today we were having a conversation about what what we got and she shared with me they were
working on um some you know some things to bring up and I asked her if I could have their preliminary just to use as conversation so that everyone on the commission would know that we would want to discuss that again
okay um excuse me mayor just for clarification the the part about uh uh requiring number of years working after the after compensation for for Education that's currently uh give that that decision is made by
the by the uh by the city manager what we had discussed in the workshop was to make it three years so if the city paid for you to get an education you had to commit to working here for three years flat flat so what if they only did a year or didn't get a degree or two years
and didn't get a degree would they be in uh and got compensation would they have any requir at all so or is this so this is probably something we need to hash out right it is so I mean I would like to see us keep it at the three years that we discussed
in the workshop would be my opinion if if you have another I would be happy to hear that and not change it to it's up to the discretion of the city manager okay yeah and then if we decide in our next Workshop that you know you want to do whatever I'll tell you what I well at
a workshop we can we can we can talk about all sorts of options correct correct yeah correct yeah I I think that's a good idea okay any other comments no comments comment makes sense okay do we have a motion I move we pass ordinance
20251 Personnel policy adoption second with the changes to discussed with changes discussed sorry I thought that was understood sorry okay city clerk would you call the role please commissioner
tagini yes vice mayor Kerr yes commissioner mcgean yes commissioner gabay yes Mayor Brooks yes the motion carried 5 to zero next on the agenda is ordinance 2025-the and public hearing City attorney thank
you mayor this is ordinance 20252 an ordinance of the city of madira Beach Florida amending division four of article three of chapter 2 of The Mad Beach code of ordinances relating to the Civil Service Commission providing for conflict codification severability and providing for an effective date that was the second and final reading of
ordinance 20252 by title only there have been no changes to this ordinance since the first reading on March 12th with no one in attendance for public comment commissioner comments no no changes no comments I have no comments comments no comments do
we have a motion I'd like to make a motion to pass ordinance 20252 amendment to Civil Service Commission duties and responsibility second reading I'll second city clerk would you
call the role please commissioner gabay yes commissioner tagler Ry yes vice mayor Kerr yes commissioner McAn yes Mayor Brooks yes the motion Carri 5 to Zer next on the agenda is ordinance
202-0324 by title only an ordinance of the city of madira Beach Florida adding division five post termination hearings hearing officer to article three of chapter 2 of the M Beach code of ordinances providing for conflict codification severability
and providing for an effective date that was the second final reading of War 2025 d03 by title only there have been no changes since it was first read on March 12th with no public comment Commissioners comments no changes no changes no
comment do we have a motion I have a change oh you have a change it says on the last page of the ordinance it says this ordinance shall take effect on January 5th 2025 so we want to change that to the day or
oh change it to April 6th yeah it needs to be changed to April 6th so we can make that change so okay do we have a motion I'll make a motion to for the approval of ordinance 2025-the
yes city clerk would you call the RO please commissioner McAn yes commissioner tagini yes vice mayor Kerr yes commissioner gabay yes Mayor Brooks yes yes the motion Carri 5 to zero next on the agenda is ordinance
202-9251 an ordinance of the city of madira Beach Florida amending section 110-11 establishment of districts of chapter 110 zoning of Article 5 districts Division 1 generally of the city's Land Development regulations renaming the C1 zoning District to
John's Pass Village Activity Center removing C2 John's Pass Marine commercial zoning District providing for Conflict for codification separability and providing for an effective date that was the second final reading of ordinance 20259 by title only there have been no
changes to this ordinance since it was originally read with no public comment Commissioners any comments or questions no no comment do we have a motion I'll make a motion do we have a second second that
motion is to approve that motion I'm sorry is to approve 20259 District second reading thank you do we have a second second city clerk would you call the RO please commissioner mcgean yes
commissioner tagini yes vice mayor Kerr yes commissioner gay yes Mayor Brooks yes the motion Carri 5 to zero next on the agenda is ordinance 202-10 accessory structure second
reading and public hearing City attorney thank you mayor this is ordinance 202-10 an ordinance of the city of Madera Beach Florida amending chapter 110 zoning article 6 supplementary District regulations division four accessory structures of the city's Land Development regulations to rename the C1
tourist commercial zones to include John's Pass Village Activity Center adds setbacks for each character District of John pass Village Activity Center zoning and remove references to the C2 zoning District providing for conflict severability and codification and
providing for an effective date that was the second final reading of ordinance 202-10 by title only and there have been no changes to this ordinance as well since this first reading with no public comment Commissioners comments or questions no comment I don't think
anything was changed nothing changed yeah do we have a motion like to make a motion to pass ordinance 202-10 exess series structure second reading do we have a second I'll second city clerk would you
call the rle please commissioner gabay yes vice mayor Kerr yes commissioner tagini yes commissioner mcgean yes Mayor Brooks yes the motion carry 5 to zero next on the agenda is ordinance 2
25-11 alcoholic beverages second reading and public hearing City attorney thank you mayor this is ordinance 20251 and ordinance of the city of Madera Beach Florida amending chapter 110 zoning article 6 supplementary District regulations division 6 alcoholic beverages of the city's Land Development
regulations providing for John's Pass Village Activity Center zoning District regulations providing for Planned development zoning District regulations removing references to C2 Johns Pass Marine uh commercial providing for conflict providing for cability and
providing for codification and providing for an effective date that was the second final reading board in 2025 -11 by title only and you'll remember after the workshop and before the first reading there was a change Rel relating to the PD zoning district and um there was some
language added at the very end and that's on page 261 of your packet at the very top of the page sub paragraph e PD zoning District that reads as follows properties that are zoned to the PD zoning District have the same
restrictions for alcoholic beverages as zoning District prior as the zoning District prior to rezoning to PD zoning District unless otherwise specified at the time of the PD zoning adoption those last few words unless otherwise specified at the time of the PD zoning adoption were added and again that was
before the first reading but between the workshop and the first reading it was changed with no public comment Commissioners comments no no comments yeah I don't have any problem
with that um looks good y okay no comment do we have a motion I move we pass ordinance 2025-the commissioner magini yes commissioner mcgean yes commissioner gayi yes vice
mayor Kerr yes Mayor Brooks yes the motion carry 5 to zero next on the agenda is ordinance 2025-the and collection procedure manual second reading and public hearing City attorney thank you mayor this is ordinance 202-21 ordinance of the city
of mad Beach Florida adopting a revised appendix a fees and collection procedures Manual of the code of ordinances of of the city of madir Beach Florida to provide for the modification of hourly rates and rooms available for rent within the recreation center in City Hall and reword the reference to
sales tax collected therefore repealing ordinance 2025-the straightforward no comment I think Jay explained this very well I think he did in good stad do we have a motion I'll make a motion to approve
ordinance 202-2000 collection procedure manual Second City Clerk would you call the role please vice mayor Kerr yes commissioner tagy yes commissioner gabay yes
commissioner mcgean yes Mayor Brooks yes the motion carry five to zero next on the agenda is unfinished business we do not have anything listed so we will move on to contracts and agreements and first on the agenda is automated sideload
garbage truck lease agreement and miss weer good evening May and Commissioners this is the item that we reviewed last week and spoke about for the rental of the side loader for a 13-month period
through rdk no changes from the previous meeting with no public comment Commissioners questions comments no comment no comment given the cost and liability of having the equipment I would propose we should uh accept this
do we have a motion is that your motion I'd like to approve the automated side loader garbage truck lease agreement do we have a second second city clerk would you call the role
please vice mayor Kerr yes commissioner gayi yes commissioner McAn yes commissioner tagini yes Mayor Brooks yes the motion carry 5 to zero next on the agenda is Public Works satellite building change order hello again this
is also the item that we spoke about at the workshop meeting this was a accident on my part from a miscommunication this is a change order to add the architectural and the structural um in addition to the previously already contracted amount but no changes from what we already
discussed with no public comment Commissioners questions comments I've stated that I'm not in favor of this uh development for several reasons uh one reason is that this real estate is extremely valuable not just in
in terms of cost but also location and what it can offer in terms of Water Works boting future growth anything associated
with with the bay and the golf um that that's one reason the other reason is that I feel this this cost of um engineering and Architectural I think it's just way excessive shouldn't be
that High um so for those two reasons I'm not in favor of it commissioner comments no comment comments I agree
with commissioner gay 100% um yeah multiple opportunities although we lost those opportunities to buy property for much less than the 2 million we're talking about on this
building I don't believe it should go there and I've been opposed to it from the beginning so I won't remain opposed uh I I feel that if we're going to prioritize and value our our Public
Works which provide services for the city uh I don't I don't believe that we should be cramming them in different Corners throughout the city I feel like that's a great location and i would support this I
agree um do we have a motion I move we approve the Public Works change order 32625 do we have a second I'll second city clerk would you call the role please commissioner tagler rainy yes
Commission McAn yes commissioner gabay no vice mayor Kerr no Mayor Brooks yes the motion carried three to two next on the agenda is new business and we have no new business so we will move on to
agenda setting for the April 16th boc workshop at 6: pm and we will also on that same day have a budget workshop at 400 p.m. uh city manager is not here but he did send us an email in addition to the master plan the local mitigation
strategy and the RFP for Area 3 drainage um he sent that we would also have the John's Pass dredging update boaa Street end update court of honor update archal Park update post storm
updates and the fiscal year 24 audit presentation I would also like to add to that the policy hand book an our handbook um the reason being I I failed
to bring up my own want to change in our handbook and that was um when we have public comment we discussed this in a workshop I think it was when we have public comment we started taking those items and discussing them at the end of the meeting so that residents opinions
could be heard and we could talk about whether or not we would add those to upcoming agenda which we have in almost every case I believe um and it needs to be added to our handbook for our for writing our agenda items so I would like
to Workshop that so we can get it added and then vote on it at our next regular meeting the only other thing that I don't see on here is an update on Kitty Stewart Park so I'd also like the city manager to add that if anyone else has items just to confirm you're talking
about the the the EMP employe manual right no ours the commission but are we not going to discuss that uh that issue the key no not the key oh yes no that's the policy the policy handbook and then our handbook and then the key to the the
key and awards was also an item we discussed and I hope everybody will come with an opinion on that like right because I think I mean I think really honing in what we want to do for that is a big deal moving forward um I'm sorry about the key to the city
correct okay on the next or on our Workshop right okay so if anyone else has anything that they would like to add to that agenda no but in that Spirit of um having a resident come up and follow up I believe on the last Workshop Mr
Dylan came up and made a statement that it's not free permitting is not free there was additional and I don't someone was going to follow up with them I don't remember if that was followed up on or not so I can tell you what I found out okay um and we could talk about that in in the workshop also um the fees that
were charged that he was speaking of were impact fees not building fees that was my that was my impression it it was mine also and he did he did come back in and clarified that um and to city hall because they did go look at it
um and I'm sure that Robin will also have an update for us on the capturing of the permit fee for people who purchased the home after the storm because there were some that fell through the cracks we briefly touched on that to make sure that those
go on a pre previous Workshop we had talked about the impact fees and what would need to be done to delete those and it was a long process but correct if that process never starts it'll never end so we can talk about
that again but the the purpose of impact fees is you're you're growing the size of your home so when we eliminated the fees for permit fees and kept impact fees the only person who's going to pay impact fee is someone who increases the square footage of their house which you
can't Elevate without increasing your home we can have that continued discussion I'm just against it I know I know and I and I respect that I'm for it you'll never do it so anything else that anyone would
like to have added um I I would like to say that I have uh spoken with um Senator desley and also I've communicated with representative Cheney regarding the key the keys to the city and uh to commissioner K's um comment um
I'll make sure that there's a nice write up about what they have done for us during that presentation and they basically stated that after the Senate um after the U the they will be here to accept the
keys so just want to put that out there the the keys to the city I thought we were still establishing criteria so in our next Workshop that is that is the criteria setting for how we would determine who would get a key and who would qualify for that so that's what we have to and then we have to pass an
ordinance to be able to give a key so we have to come that that's the importance of everyone coming to the workshop and being prepared to speak on what your thoughts are on the keys whether or not you think that we should do the Tom provided us a lot of great examples and
I think it would be it would be in our best interest for the community to understand what he sent us and think about in the community when you think about doing something for people do you think that we should do that and what is that criteria for that and that's what
we're going to talk about at the workshop so then whatever the decision is made collectively by the commission um attorney tras can go back and write us an ordinance that would put that in writing of how we would determine whether or not somebody gets something
what they get what they do correct attorney TR we would do it by resolution resolution I'm sorry not ordinance resolution yes also I have spoken with do regarding 150th Avenue and um they have the milling and resurfacing of 150th Avenue
under the radar and they will also improve the bridge down the road so those two items is on Do's list so we can move on to reports and correspondence Board of Commissioners
2025 boc meeting schedule Clara I think you usually present this to us does anybody you have any changes to the meeting schedule um I don't see any way to avoid this but uh I'll be on vacation on June
25th so uh I'll be back for the next one but I'll be on vacation for that one okay so we're labing the date the same I'm going to be gone for 3 weeks so miss something I'm going to miss
something okay that well we'll be sure that we place a lot of things on there that you would vote no on just kidding that's what I get for being honest well it's it's a workshop so you can watch it and come prepared for the
voting meeting right right thank you thank you thank you very much commissioner any other comments on that next on the agenda is the Board of Commissioners meeting report January 1st
2025 through March 31st 2025 I just wanted to find find out your thoughts on that I was going to keep it up at every meeting at the end of the year we'll have an annual so I thought it was very interesting to go back and read through
all of that I liked it Commissioners this is very helpful I I I appreciate reviewing things uh that we've talked about that may slip away from us get off the plate so this is a lot of work and I appreciate it yep come together and it puts the ordinances together and I started putting the when
it was discussed at a workshop first reading second reading or third reading or whatever we have on there trying to group everything together so you'll know great job yeah just record there is no public here for comment so I haven't
called for public comment on these items for that reason next on the agenda is the City attorney I just want to briefly give you an update um we're still working hard trying to get that settlement agreement language um there's a lot of moving
Parts there's a lot of different people insurance companies defendants um in the litigation for the fire station were basically boil down to one last thing and that's some language in the portion of the agreement with
Crowther R Roofing to deal with the roof issue um the attorney representing the city Brett Henson wanted to put on the the agreement for your consideration approval tonight um I did not feel comfortable with that it not being a
complete settlement I advised him of that and so we're shooting for the next regular meetings I want to make sure it's all complete so there is nothing that will fall through the cracks and so I hope you understand that we're working on that trying to get that done okay so
that's all I have thank you thank you any questions for the attorney next on the agenda is the city clerk report April 2025 I hope you all had an opportunity to look at that um I am working on the
city manager um roster like you had asked mayor and the one that had got started a few years ago uh by another clerk a lot of the information was not correct so I went back to the beginning and I'm working on that so I'll have
that on the next one and so I also went through the for the city clerks the city clerk of course the first one was elected in 1947 they served from 1947 to 1965 um I think the city manager was
hired the first one had something to do with the sewer too because they over operations so they had the thing they was working on and I think that was sometime in the ' 50s so um and and then I put the um what the
duty um about the city clerk now me and also the history of the municipal clerks again so I know you you saw it twice with the proclamation and that I just wanted to group it together where it also belonged and also put it with the
proclamation so it's very nice thank you Clara very helpful thank you thank you Clara you're very welcome I've enjoyed reading the history that she gives us it's very interesting um and if you have any ideas the next one I'm going to do one on the
city manager be careful what you ask for okay like I said I love Rich vice mayor Kerr I will come up with something well he gave me a lot of ideas for the annual report you know about grouping things together and and that way they wouldn't get lost in it how
many times did we review that four or five times this year or what have we've done or What's the progress or so I said okay you know I can do something with that so very good fantastic great job thank you CL great job great job next on the agenda is the city manager and since
he is not here but someone is in his chair do you have anything on his behalf for us before we adjourn I do not that's for me with no one present for any further public comment and we are at the end it
is six real quick sorry oh excuse me I would just want um thank you to uh the city of madir Beach and JH hatch for the amazing Captain's dinner and then also the seafood festival was a great success
so thank you and great job great work great food it was a great great job we went out and had a great time food was great there were lots of people I can't wait Jay since you brought that up thank you commissioner McAn I can't wait to see the
numbers the like the final numbers because of the amount of people the weather was so fantastic and um we made it a point to walk into the shops and to see how busy they were and it'll be interesting to me to see what
our feedback is not only from attendees but from the stores that are down in the past and get the parking Revenue the sales all that kind of stuff that we did so heard someone who was a great bartender too also by the way that was at the grunt hunt was at the grun that
was at the grunt hunt all righty if we have anything else Commissioners great meeting then it is 6:43 and we are adjourned e