901 Ponce de Leon Blvd.

Belleair, FL 33756

Town of Belleair

Meeting Minutes

Town Commission

Tuesday, April 18, 2017

6:00 PM

Town Hall

Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then

step to the podium and state your name and address. We also ask that you please turn-off all cell

phones.

Meeting called to order at 6:00 PM with Mayor Gary H. Katica presiding.

PLEDGE OF ALLEGIANCE

COMMISSIONER ROLL CALL

Present: 5 - Mayor Gary H. Katica

Deputy Mayor Karla Rettstatt

Mayor Michael Wilkinson

Commissioner Tom Shelly

Deputy Mayor Tom Kurey

SCHEDULED PUBLIC HEARINGS

Persons are advised that, if they decide to appeal any decision made at this meeting/hearing, they will need a record of the

proceedings, and, for such purposes, they may need to ensure that a verbatim record of the proceedings is made, which

record includes the testimony and evidence upon which the appeal is to be based.

17-0088

Request for Variance -3 Stonegate Drive

JP Murphy-Assistant Town Manager-Provided overview of variance requests; first

would allow dock to extend length; second would extend outside center 1/3; Planning

and Zoning Board approved first variance relating to length, denied second request

regarding location. Mr. Murphy provided staff recommendation and details regarding

criteria for granting variance; discussed new exhibits received just prior to meeting;

recommending continuance to allow for analysis.

Commissioner Wilkinson moved to continue; seconded by Commissioner Shelly.

Joel Tew-Attorney for Applicant-Objects to motion to continue; new documents

submitte were from opposition not applicant.

Commissioner Wilkinson withdrew his previous motion; seconded by Commssioner Shelly.

Town Clerk swore in those who wished to speak.

Exparte Communications:

Mayor Katica spoke with both applicant and objector; Commissioner Shelly spoke with

Town Manager, applicant and objector; Commissioner Wilkinson went to Connelly's

house with Town Manager; Commissioner Kurey had discussions with both parties as

well with the Town Manager and Assistant Town Manager present; Deputy Mayor

Rettstatt spoke with Town Manager and Assistant Town Manager only.

Mr. Tew requested, by reference, all evidence and testimony from Planning and Zoning

Board meeting (3/13/17) be incorporated into record, provided printed presentation from

Planning and Zoning Board meeting; also provided copy of unity of title and certificate

of covenant. Mr. Tew discussed setbacks in relation to proposed dock; uniqueness of

property regarding 1/3 rule; variance criteria and related code sections discussed;

presented poster boards showing location of dock and historic dredge; applicant willing

to accept a conditional variance requiring investigation on dredging ability and shifting

location of dock if further dredging possible; commented on debris from roadway

project in area. Mr. Tew showed additional aerial photo of proposed dock; commented

on dock variance received by neighbor in past and other docks throughout town.

Applicant willing to accept condition to shift as far north and east as possible, subject to

dredging permit, and monitored by town engineer; applicant willing to reorient boat slip

to be as least intrusive as possible to neighbor.

Craig Taraszki-Johnson and Pope, Attorney for John Connelly-Introduced case in

opposition to variances; provided surveyor photos for record; commented on riparan

rights and methods of calculation being perpendicular to shoreline; discussed Dr.

Gibson study and prior case law relating to riparian rights; provided and discussed

Nettles and Associates report relating to dredging; reviewed hardships claimed by

applicant in justification statement and provided counter arguments. Mr. Taraszki

requests denial of variance with respect to center one third set back.

Public comments heard

John Hail-Resident-Spoke against granting variances.

Michael Adams-Resident-Spoke against granting variances.

Mr. Tew provided rebuttal discussing the following: lot line in relation to house, riparian

rights, procedure for obtaining permitting with town and other agencies, ability to obtain

dredge permit; willing to accept conditional variances.

Mr. Tew stated his objection to surrebuttal for the record.

Mr. Tarazski commented on setbacks and riparian boundaries.

Mr. Murphy briefly identified new exhibits submitted by applicant prior to meeting.

David Ottinger-Town Attorney-Clarified the following conditions for approval as

provided by Mr. Tew; Condition one: request for dredging permit to be made the

farthest area northward as possible at least to the middle one third; Condition two: any

dock must be built in northern most limit of dredge area; Condition three: if dredge area

does not allow dock to be where it is now, it will not be built any farther south than it is

depicted now; Condition four: if design can be repositioned or changed to minimize

profile of dock and boat, it will be done to full extent that would allow launching of a

boat; Mr. Tew is in agreement with all conditions.

Closed to public comments

Mayor Katica commented on tides and water level at location.

Commissioner Shelly moved to appprove request to construct the dock subject to the conditions

that our Town Attorney, David Ottinger, just read off; seconded by Deputy Mayor Rettstatt.

Discussion ensued regarding newest design and specs submitted prior to meeting;

Commissioner Kurey's drawing during exparte communications; conditions of approval

clarified.

Mr. Tew confirmed lastest submittal is requested design subject to conditions; Mr.

Connelly's position has not changed regarding riparian rights; Mr. Ottinger provided

comments according to FDEP guidelines and Florida Supreme Court rulings.

Commissioner Kurey requests motion to be amended to include language regarding 41ft

distance and for town engineer to be part of the process; Mr. Murphy commented on

not having a specific engineer, Town Manager can consult with an engineer of record if

needed.

Commissioner Shelly amended his motion to be no further south than 41ft; seconded by Deputy

Mayor Rettstatt.

(Conditions re-stated for motion)

Condition One: Applicant will undertake to obtain a permit for dredging extending as fart

northward as possible or at least to the middle one third of applicant's property.

Condition Two: Dock will be located in the northern most limit of the dredge area or as far away

from neighboring seawall as possible to permit the launching of a boat.

Condition Three: Regardless of a dredging permit, the dock will not to be located farther south

than as applied for which is is currently 41ft from Mr. Connelly's seawall.

Condition Four: Final design of the dock will be to the satisfaction of the town that it is

positioned in the most favorable way to reduce its profile view from the south.

Aye: 4 - Mayor Katica, Deputy Mayor Rettstatt, Commissioner Shelly, and Deputy Mayor Kurey

Nay: 1 - Mayor Wilkinson

Meeting went into Recess at 7:56 PM

Meeting Reconvened at 8:04 PM.

17-0040

First Reading of Ordinance 510 - Coastal Management Comprehensive - Plan

Amendment

Mr. Murphy provided update to proposed ordinances.

Dave Healey-Calvin Giordano and Associates-Provided overview of ordinances as

follows: Ordinance 510 Coastal Management addresses state requirements regarding

sea level rise; no change to version of ordinance approved by Planning and Zoning

Board; amends comprehensive plan. Ordinance 511 amends three elements of

comprehensive plan; updates maintain consistency with county plan; second portion

amends transportation elements and corresponds to county plan and process; third

provision removes five year capital improvement schedule, providing for adoption by

ordinance; discussed updates provided from first version and recommended changes.

Ordinance 512 amends land development code in keeping with items in 511;

recommended changes from first version. Ordinance 513 repeals existing floodplain

management provisions and adopts a new chapter; FEMA requirements incorporated;

commented on changes to five year time period for improvements; suggests using

property appraiser to define market value. Mr. Healey recommends approval of the

ordinances.

Commissioner Wilkinson moved approval Ordinance number 510; seconded by Commissioner

Shelly.

Aye: 5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

17-0042

First Reading of Ordinance 511 - Mobility Management - Comprehensive Plan

Amendment

Deputy Mayor Rettstatt moved approval of first reading of Ordinance 511 Mobility Management

- Comprehensive Plan Amendment as amended; seconded by Commissioner Wilkinson.

Aye: 5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

17-0073

17-0074

First Reading of Ordinance 512 - Mobility Management - Land Development Code

Deputy Mayor Rettstatt moved approval of Ordinance 512 Mobility Management Land -

Development Code as amended; seconded by Commissioner Wilkinson.

Aye: 5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

First Reading of Ordinance 513 - Floodplain Management

Brief discussions regarding community rating system impacts.

Commissioner Wilkinson moved approval of Ordinance 513 - Floodplain Management as

amended; seconded by Deputy Mayor Rettstatt.

5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

Aye:

CITIZENS COMMENTS

(Discussion of items not on the agenda. Each speaker will be allowed 3 minutes to speak.)

Pat Capen-Non Resident-Seeking information on golf course. Mr. Murphy stated

development plan and sale ordinances will be heard on May 2nd and May 16th; Mr.

Ottinger expects sale and closure to happen around June 15th.

Laura Hulley-Resident-commended Micah Maxwell for his service to the town;

expressed happiness with appointment of JP as new Town Manager.

CONSENT AGENDA

17-0084

Approval of April 4, 2017 Regular Meeting Minutes

Commissioner Shelly moved approval of the consent agenda; seconded by Deputy Mayor

Rettstatt.

Aye: 5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

GENERAL AGENDA

17-0075

Resolution 2017-06 Establishing the Line of Succession

Mr. Murphy detailed voting process for ballots; briefly tabled item while ballots were

counted.

17-0087

Resolution 2017-07: Amending the Budget

Mr. Murphy summarized budget amendment request.

Commissioner Shelly moved approval of Resolution 2017-07 Amending the Budget; seconded

by Commissioner Wilkinson.

Aye: 5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

17-0078

2017 National Peace Officers Memorial Day Proclamation

Mr. Murphy read into record.

Commissioner Shelly moved approval of the 2017 National Peace Officers Memorial

Proclamation; seconded by Commissioner Kurey.

Aye: 5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

17-0082

2017 Proclamation Honoring Officer Jeffery W. Tackett

Mr. Murphy read into record.

Commissioner Wilkinson requested a moment of silence.

Commissioner Shelly moved approval of the Proclamation Honoring Officer Jeffery W.

Tackett; seconded by Commissioner Kurey.

5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

Aye:

17-0075

Resolution 2017-06 Establishing the Line of Succession

Town Clerk announced ballot results; line of succession is as follows: Deputy Mayor

Rettstatt, Commissioner Wilkinson, Commissioner Shelly and Commissioner Kurey.

Commissioner Wilkinson moved to award the succession being Deputy Mayor Rettstatt,

Commissioner Wilkinson, Commissioner Shelly and Commissioner Kurey; seconded by

Deputy Mayor Rettstatt.

5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

Aye:

17-0090

Acceptance of Town Manager Contract

Mr. Ottinger stated contract proposal similar to current manager; discussed requests

relating to term and vacation time payout; salary to be the same as current manager;

would like provision for yearly evaluation with ability for merit bonus or raise.

Brief discussion regarding maximum accrual limits for staff.

Commissioner Shelly moved approval of the contract as presented; seconded by Deputy Mayor

Rettstatt.

Aye: 5 - Mayor Katica, Deputy Mayor Rettstatt, Mayor Wilkinson, Commissioner Shelly, and

Deputy Mayor Kurey

TOWN MANAGER'S REPORT

Mr. Murphy stated board appointments to be discussed at upcoming meetings;

discussed upcoming meetings and holiday schedule. Consensus to cancel June 6th and

July 4th meetings; approved town hall closure on July 3rd; additional meeting changes to

be discussed later.

Mr. Murphy provided reminder for the Special Magistrate hearing regarding Airbnb

case is on May 17th; welcomes residents to attend.

Commissioner Shelly recognized for his completion of Elected Municipal Officials III: