Board of Commissioners Regular Meeting

BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING July 11, 2018 Page 1 of13 A regular workshop meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on July 11, 2018 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. Mayor Black called the meeting to order. MEMBERS PRESENT: Maggi Black, Mayor Deby Weinstein, Vice-Mayor/Commissioner District 1 Nancy Hodges, Commissioner District 2 Nancy Oakley, Commissioner District 3 John Douthirt, Commissioner District 4 MEMBERS ABSENT: None. CITY STAFF PRESENT: Jonathan, Evans, City Manager Clara V anBlargan, City Clerk Ralf Brookes, City Attorney 1. CALL TO ORDER Mayor Black called the meeting to order at 6:00 pm. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Hodges gave the invocation and led the Pledge of Allegiance. 3. ROLLCALL City Clerk Clara VanBlargan called the roll. 4. APPROVAL OF THE AGENDA Mayor Black called for approval of the agenda. Commissioner Oakley said she would like to remove from under New Business, Agenda Item B, Resolution 2018-10, Establishing and Adopting a Civility Code, and Agenda Item C, City Clerk Evaluation and Compensation Discussion, and place those items on the next workshop agenda. City Manager Jonathan Evans explained how the July workshop meeting agenda had a lot ofitems. Commissioner Oakley said to place the City Clerk item on the July 17th budget workshop meeting agenda and the civility code item on the August workshop meeting agenda. Commissioner Hodges commented it was not fair to make the City Clerk wait. The Board well discussed the evaluation, and everyone gave their reviews. Commissioner Oakley motioned to approve the agenda as changed. Vice-Mayor Weinstein seconded the motion. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING July 11, 2018 Page 2 of13 ROLL CALL: Commissioner Oakley "YES" Vice-Mayor Weinstein "YES" Commissioner Hodges "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. A. PROCLAMATIONS B. PRESENTATIONS a. Gull Beaches Public Library Presentation -Vince Gadrix, Director ofGulf Beaches Library Vince Gadrix, Director of Gulf Beaches Public Library, reported on the Gulf Beaches Public Library budget and activities. C. DAIS LOG REVIEW 5. PUBLIC COMMENT Pam Wikberg, Gulfport resident and owner of Pam's Thrift Store on Madeira Way, commented that she invited many people to visit the shops on Madeira Way because they seemed to be the forgotten, little area. She represents the Madeira Way Downtown Merchants Association, they are becoming very active and would like to have the support of the Board. 6. CONSENT AGENDA A. APPROVAL OF MINUTES a. November 28, 2017, Special Budget Meeting b. April 24, 2018, Workshop Meeting c. May 8, 2018, Regular Meeting B. NETWORK PEOPLE [Begin staff memo] Background Information This past December, the City experienced a severe Cyber Attack. Network People, the City's information technology vendor, were able to defend against these attacks but strongly recommended more tools and security measures to prevent this from reoccurring. Network People  BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING July 11, 2018 Page3 of13 recommended an Active It Advanced Security Agreement which the City Commission approved and was signed on December 12, 2017. At the May 22, 2018, City Commission Workshop, Network People President Nate Freeman and their IT Director Elias Leslie went over the progress made during the past six months and is as follows: ongoing Risk Assessment; computer policy management; security officer training; email security awareness training; malware and ransomware; gateway security installed and configured; and two factor email authentication deployed. Network People also report that a total of 9,585 intrusions since December have been blocked and a total of 10,161 logons audited. The Finance Director received Security Officer training and received certification on May 17, 2018. At the Workshop, Network People indicated the importance of renewing this agreement which expired on June 15, 2018. Next steps going forward include comprehensive security awareness training for City of Madeira Beach staff. Fiscal Impact This renew is at the same price or for $20,400 ($3,400 per month for six months) as the previous six-month agreement. Recommendadon Staff recommends that the Board of City Commission approve this renewal agreement. [End staff memo] Finance Director Walt Pierce reviewed Agenda Item 6.B. Commissioner Douthirt made a motion to approve the consent agenda. Commissioner Oakley seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Oakley "YES" Vice-Mayor Weinstein "YES" Commissioner Hodges "YES" Mayor Black "YES" The motion carried 5-0. 7. UNFINISHED BUSINESS A. Ordinance 2018-05, Establishing Categories of Review and Hearing Process for Site Plans - 2 nd Reading & Public Hearing - Linda Portal, Planning & Zoning Director [Begin staff memo] BOARD OF COMMISSIONERS MEETI1'G Ml~UTES REGULAR MEETING July 11, 2018 Page4 of13 Background 1ST Reading of the ordinance was provided at the Board of Commissioners Meeting, June 12, 2018. nd The Board of Commissioners voted 5-0 to approve the ordinance and schedule it for 2 Reading. Financial Impact Expenses created by public hearing procedures and additional review will be addressed by fee structure. Recommendation Staff and Planning Commission recommend approval and adoption of Ordinance 2018-05. [End staff memo] City Clerk Clara VanBlargan read Ordinance 2018-05 by title only: ORDINANCE NO. 2018-05 A.1'1" ORDINANCE OF THE CITY OF MADEIRA BEACH, PL1'~LLAS, COUNTY, FLORIDA, PROVIDING FOR A."J\-IENDMENT TO PART II - CODE OF ORDINA.~CES CHAPTER 110-ZONING, ARTICLE II - SITE PLANS, DIVISION 2 REVIEW PROCEDURES, CREATING SECTION 110-50, DESIGNATING SITE PLAN REVIEW CATEGORIES AND SEPARATE REVIEW PROCESSES AND ADDING HEARING REQUIREMENTS. AMENDING SEC. 110-51 SCOPE OF REVIEW At~D; DIVISION 3 - PLAN REQUIREMENTS, SECTION 110-71, SUBMISSION; CONTENTS FOR CONSISTENCY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING FORA.t~ IMMEDIATE EFFECTIVE DATE. Linda Portal, Planning & Zoning Director reviewed Agenda Item 7.A. Mayor Black opened to public comment. There were no public comments. Vice-Mayor Weinstein motioned to adopt Ordinance 2018-05 after second reading and public hearing. Commissioner Hodges seconded the motion. ROLL CALL: Vice-Mayor Weinstein "YES" Commissioner Hodges "YES" Commissioner Oakley "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING July 11, 2018 Page5 of13 B. Ordinance 2018-07, Amending Setbacks for Townhomes in Low Density Residential Districts - 2nd Reading & Public Hearing - Linda Portal, Planning & Zoning Director [Begin staff memo] Background 1ST Reading of the ordinance was provided at the Board ofCommissioners Meeting, June 12, 2018. The Board of Commissioners voted 5-0 to approve the ordinance and schedule it for 2nd Reading. Fiscal Impact NIA Recommendation Staff and Planning Commission recommend adoption. [End staffmemo] City Clerk Clara VanBlargan read Ordinance 2018-07 by title only: ORDINANCE NO. 2018-07 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, PINELLAS COUNTY, FLORIDA PROVIDING FOR AMENDMENT TO PART II - CODE OF ORDINANCES CHAPTER 110 - ZONING ARTICLE V. - DISTRICTS DIVISION 3. - R-2, LOW DENSITY MULTIFAMILY RESIDENTIAL, SEC. 110- 206. - SETBACK REQUIREMENTS. AMENDMENT TO REDUCE SETBACK REQUIREMENTS FOR TOWNHOUSES TO REFLECT CONSISTENCY WITH OTHER USES IN THE PERMITTED DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Linda Portal, Planning and Zoning Director reviewed Agenda Item 7.B. Commissioner Hodges motioned to adopt ordinance 2018-07 after second reading and public hearing. Commissioner Oakley seconded the motion. Mayor Black opened public comment. There was no public comment. ROLL CALL: Com.missioner Hodges "YES" Commissioner Oakley "YES" Vice-Mayor Weinstein "YES" Commissioner Douthirt "YES" Mayor Black "YES" BOARD OF COMMISSIONERS MEETING M~UTES REGULAR MEETING July 11, 2018 Page6 ofl3 The motion carried 5-0. 8. CONTRACTS/AGREEMENTS 9. NEW BUSINESS A. Resolution 2018-09, Statewide Mutual Aid Agreement -Linda Portal, Planning & Zoning Director [Begin staff memo] Background It is critical to the safety and wellbeing of the community that in times of crisis the City has the ability to seek the help of surrounding governments and agencies. The ability of area communities to share resources and equipment allows for the more efficient use and planning for such equipment and resources and avoids the need for redundant investment. It also allows for the quickest and most specific response to each community's needs. For this reason, all local governments within the State of Florida enter into a Statewide Mutual Aid Agreement. A statewide agreement ensures all communities get the help they need and meet their obligations to provide support for each other during times of emergency. All mutual aid activity is coordinated by the State of Florida Division of Emergency Management. To ensure an organized and efficient provision of services, the Mutual Aid Agreement dictates extensive organizational and financial procedures, responsibilities, payment methods, and equipment and materials costs, and a process for mediation and arbitration. This document is proposed by the Division of Emergency Management to replace all existing Statewide Mutual Aid Agreements including any Public Works Mutual Aids Agreements that may be in effect. It is to be adopted by resolution. Fiscal Impact Cannot be calculated at this time. Dependent upon the occurrence, type and duration of emergencies. Many expenses can be reimbursed by the State and/or FEMA. Recommendation Staff recommends approval of the Statewide Mutual Aid agreement and adoption of the associated Resolution 2018-09. [End staff memo] City Clerk Clara VanBlargan read Resolution 2018-09 by title only: AUTHORIZING RESOLUTION FOR ADOPTION OF STATEWIDE MUTUAL AID AGREEMENT BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING July 11, 2018 Page 7 of 13 RESOLUTION 2018-09 Linda Portal, Planning & Zoning Director reviewed Agenda Item 9.A. City Manager Jonathan Evans explained that the intent behind the statewide mutual aid agreement is to identify the costs and the types of apparatus and what FEMA will reimburse if we, as a community are in a situation whereby other communities need to provide services. By establishing this, it sets the clear pricing that FEMA will reimburse and then it opens up the City for additional assistance from other entities. Mayor Black opened public comment. There was public comment. Commissioner Hodges motioned to approve the Statewide Mutual Aid agreement and adoption of the associated Resolution 2018-09. Vice-Mayor Weinstein seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice-Mayor Weinstein "YES" Commissioner Oakley "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. B. Resolution 2018-10, Establishing and Adopting a Civility Code - Clara VanBlargan, City Clerk This item moved to the August workshop meeting agenda. C. City Clerk Evaluation and Compensation Discussion - Jonathan Evans, City Manager This item moved to the July 17, 2018 budget workshop meeting agenda. D. 4COP SPX Alcoholic Beverage Application #2018-03 - Linda Portal, Planning & Zoning Director [Begin staffmemo] Background Section 110-534(a) of the Madeira Beach Code of Ordinances requires approval of the Board of Commissioners to change the nature ofthe use of a property that has an existing alcoholic beverage permit including consideration of all requirements under Section 110-532. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING July 11, 2018 Page 8 of13 Pursuant to Section 110-539, the Notice of Public Hearing has been properly sent to all property owners within 300 feet of the subject property 15 days prior to the scheduled consideration by the Board of Commission. Such notice has also been posted on the subject property both at the dock and at the location of the ticket booth in the parking garage. Sec. 110-532, requires that when considering the alcoholic beverage application, the Board of Commissioners shall consider the following factors. Staff analysis follows each factor: (1) The extent to which the location and the extent to which the proposed alcoholic beverage request will adversely affect the character of the existing neighborhood. The character of the neighborhood is Marine Commercial and mixed commercial with entertainment, retail, services, working docks and off-shore recreation activities. Many establishments in the neighborhood offer alcoholic beverages and the use is allowed by right in the land use and zoning districts. The proposed cruise ship will take the place of a gambling cruise that no longer operates from that location. There is nothing inconsistent between the proposed use and other uses currently in the neighborhood. Most of the activity associated with alcohol will be conducted off-shore and will not directly impact the surrounding uses. The applicant has also provided assurance from the landlord, who owns the parking garage, that there is adequate parking to meet the demands of the cruise customers in a manner that satisfies city code. To assure the city of this, the applicant undertook an extensive and exhaustive inventory of the landlord's properties counting all occupancies and seating and calculating parking requirements. The review was submitted to and reviewed with staff. It shows that the parking needed for both current and the proposed use is available in the garage to meet code and with surplus for public parking. (2) The extent to which traffic generated as a result of the location of the proposed alcoholic beverage request will create congestion or present a safety hazard. The request is for an activity that is consistent with the impact type of the formerly permitted gambling cruise but is of a smaller size and thus reduced impact. Traffic generation will not be consistent throughout the day and the owner expects to serve in large portion tourists and temporary residents already staying in the area. As a replacement use to one discontinued within the last 2 years, it will not generate any additional trips to those counted as background in the most recent development generated traffic studies. Additionally, this analysis addresses the trips and safety issues associated with the alcoholic beverage permit request, not the use of the dock or booth, both of which are already permitted uses. (3) Whether or not the proposed use is compatible with the particular location for which it is proposed. The alcoholic beverage request is compatible with the district and does not constitute a change of use. The site of the dock is in an intensely developed commercial district and is surrounded by other establishments that serve alcoholic beverages. The alcohol sales, service and consumption will occur off-shore and have no direct impact on property located within the BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING July I I, 2018 Page 9of13 city. Additionally, the location meets the distance requirements of Section 110-53 0 of the Land Development Regulations. This Section restricts bars to no closer than 300 feet from property occupied by an established church, synagogue, temple, or place of religious worship; public or private school operated for the instruction of minors; or youth recreation (community) center. (4) Whether or not the proposed use will adversely affect the public safety. The use is not anticipated to adversely affect public safety. The subject site is located in a commercial district that includes uses that are compatible with an establishment that serves alcoholic beverages. (5) No application for review under this section shall be considered until the applicant has paid in full any outstanding charges, fees, interest, f"mes or penalties owed by the applicant to the city under any section of the Code. The applicant has no outstanding fines, or penalties owed to the City under any section of the Code. Fiscal Impact NIA Recommendation Staff recommends approval [End staff memo] City Attorney Ralf Brookes explained the quasi-judicial proceedings, ex parte communications, and how the Board will evaluate the item for approval. He said regarding any ex parte communications, if any Board member had met with someone interested in the case to disclose who they met with and what was discussed, if handed any documents to tum them in, and if they did not meet with anyone to disclose that. It is important to disclose at the beginning of the hearing and before public comments, so the public can ask about that. Vice-Mayor Weinstein disclosed she had not met with anybody, and all she received was what was given in the agenda packet. Commissioner Hodges disclosed that she was at John's Pass on Saturday and spoke to some of the merchants, Larry Butterfield from Kilwins and Jimmy from DeLosa's Pizza. She also met with the applicant at City Hall. The discussion was about the dock, parking, and the parking garage for the vessel that is coming in. Mayor Black disclosed that she spoke with the applicant and the city manager who was in attendance. The applicant explained a broad overview of what he was doing. BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING July 11, 2018 Page 10 of13 Commissioner Oakley disclosed that she spoke with the applicant and got a broad view of the project. Commissioner Douthirt disclosed that he met with the applicant and got a brief overview of what he was trying to do and what his plans were. Vice-Mayor Weinstein disclosed that she received an email from the applicant but did not speak to him. The City Attorney instructed the Vice-Mayor to tum the email into the City Clerk when she got the chance and the City Manager would take it over. The City Attorney said it was important for the Board to base their decision on the information and the testimony of everybody in the hearing only and asked if the Board members understood that, and they all said yes. The City Attorney administered the Oath to all that were present to speak in the quasi-judicial hearing. Linda Portal, Planning & Zoning Director reviewed Agenda Item 9 .D while showing a PowerPoint presentation. She explained the five criteria for approving the item and answered questions from the Board. The City Attorney asked the applicant to speak first. Craig Taraszki introduced himself as the attorney for the applicant, PJS Cruises, Inc. Phil Henderson introduced himself as the president and CEO of Starlite Cruises. He said they manage several family-oriented cruises, several of which are 150 passenger boats with sight-seeing on each of the cruises, and the casino boat is 425 passenger capacity. The parking study he conducted showed their landlord is providing adequate parking as per code. He said they leased the space in August of last year, he has been in business there, but cannot apply for a business tax license until the vessel is there and once the vessel is there he can get everything done very quickly. He is asking for approval of the alcoholic beverage permit and will apply for the one from the State once the boat gets there. Attorney Taraszki reiterated that all required criteria for approval had been met by the applicant. The applicant and his attorney, City Attorney Ralf Brookes, City Manager Jonathan Evans, and Planning & Zoning Director Linda Portal answered questions and comments by the Board. There was a discussion regarding amplified sound. Director Portal said the permit can be approved with conditions. If the Board would like to specify that after a certain hour the outdoor music would be turned off during docking it could do that. Commissioner Oakley said the City's sound ordinance addressed that, so a condition would not be necessary. The applicant said he will comply with all the municipal ordinances including anything in regards to nuisance or sound. They want to be a BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEETING July 11, 2018 Page 11 ofl3 good neighbor and bring lots of visitors to the John's Pass area. Director Portal explained that without the condition it would be difficult to enforce later. Mayor Black opened the floor to public comment. Mark Hubbard, Hubbard Marina, commented that Mr. Henderson and his family is very reputable and good for the community. He explained parking and safety issues. George Lewis, business owner at 150 Boardwalk Place along John's Pass, commented that Mr. Henderson runs a good operation, and in the past, he had spoken in favor of Starlite as far as producing some of the parking requirements. He felt like it was a good plan in Pasadena seven or eight years ago. He explained parking and safety concerns and said the Commission needed to consider the business owners frustrations with the parking. Missy Hahn, President of Treasure Island & Madeira Beach Chamber of Commerce, explained the parking problems and how it would hurt the existing businesses and said she was supporting the Hubbard's request to not issue Mr. Henderson the license. Cory Hubbard, Hubbard Marina, explained that she did not discuss anything with a Commissioner nor the mayor, but she did talk to professional staff. The City Attorney said it is just the quasi- judicial decision makers that needed to disclose whether they have talked with someone. Ms. Hubbard explained she sent a letter to the City regarding the unanimous concern with the level of parking inside the Pass as well as the active lawsuit that was filed against the landlords and the applicant is named in that lawsuit. The complaint was given to the City, both to the Planning Director and to the City Attorney. The City Attorney said they also have a letter from the landlord in the packet giving authorization to apply for the pennit. Ms. Hubbard said she was not disputing that, but she had been told by staff that in the issue of an active lawsuit, it would go along with any decisions that are made tonight. The City Attorney said that was not correct unless there is a court order, and that the City was not a party to the lawsuit. City Manager Jonathan Evans said staff had some internal conversations with law enforcement and public safety regarding traffic flow throughout the village and they would like the opportunity to discuss at staff level ways to help accommodate some of the flow in the Pass. Staff plans to bring to the Board for consideration ways to accommodate the flow of traffic and mitigate against any pedestrian vehicular issues. Don Smartt, 13720 Gulf Boulevard, commented that he is a new resident of the community. He said the applicant noted that he was employing 22 employees and they had an agreement with the landlord to set aside six parking spaces for the 22 employees. He questioned where the other employees would park and ifthey would be competing with their own customers. Mr. Henderson, the applicant, responded to each of the people who made comment. His Attorney, Mr. Taraszki said he has a copy of the letter dated June 25th from a number of business BOARD OF COMMISSIONERS MEETING MINCTES REGULAR MEETING July 11, 2018 Page 12of13 organizations in John's Pass that is not signed by anyone. He explained that the lawsuit was completely irrelevant to the application that is before the Board. Robert Preston, 425 S. Bayshore Drive, commented that Mr. Henderson talked about the rubbage that was coming off the boat, so he is curious about that. Mr. Henderson commented that the sewage is a valid concern. They have a pump out station at each of their docks in Pinellas County and the locations he is pumping out to is legal. Mayor Black closed the public hearing. Commissioner Hodges said she loved Mr. Henderson's idea, the ship is great, she likes the atmosphere, and she would like to have Starlite there, but there are parking and safety issues and the City needs to protect its merchants at John's Pass Village. Vice-Mayor Weinstein commented that the parking is always going to be a problem. But, the businesses that the petitioner has already established in different communities shows he is a class operation and it has been around for a long time. She is in favor of Calypso Breeze making its home in John's Pass. Commissioner Douthirt said the applicant has met all the criteria for approval and answered all the questions. It is positive for the City and that is something needing considered. Mayor Black commented that there are two sides to everything, but the applicant has addressed all the issues and it is a great concept. There being no further discussion, the Mayor entertained a motion. Commissioner Oakley motioned to approve the 4COP SPX Alcoholic Beverage Application #2018-03, with the condition that outdoor amplified music be prohibited at 9:00 p.m., Sunday through Thursday, and at 10:00 p.m. on Friday and Saturday. Vice-Mayor Weinstein seconded the motion. ROLL CALL: Commissioner Oakley "YES" Vice-Mayor Weinstein "YES" Commissioner Hodges ''NO" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 4-1. 10. STAFF REPORTS A. Madeira Beach Town Center Development Agreement-Jonathan Evans, City Attorney BOARD OF COMMISSIONERS MEETING MINUTES REGULAR MEEfING July 11, 2018 Page 13 of13 [No staff memo provided] City Manager Jonathan Evans said the intent behind the item is to ensure that they have secured a land use attorney. He sent an email to the Board late that afternoon updating them on a variety of different items but put more specifics on the land use attorney. They are very lucky to have this individual on Board to assist them, they have an abundant amount of experience in land use as well as environmental laws, they served as an attorney for the City of Tampa and assistant county attorney for Hillsborough County, and have already received the Town Center development agreements as well the Holton project development agreements. They have been working with the Planning and Zoning Director. Money has been budgeted in the FY 2019 budget to utilize their experience as other items come before the Board for consideration relating to planning, development etc. 11. REPORTS AND CORRESPONDENCE • CITY COMMISSION • CJTY ATTORNEY • CITY MANAGER • CITYCLERK 12. ADJOURNMENT Mayor Black adjourned the meeting at 8:39 pm. ATTEST: u Clara VanBlargan, MMC, MSM, City Cl ! -... .:.· •....... :~~ >