Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 13, 2019 A regular meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on August 13, 2019 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: Maggi Black, Mayor Deby Weinstein, Commissioner District 1 Nancy Hodges, Vice-Mayor/Commissioner District 2 Doug Andrews, Commissioner, District 3 John Douthirt, Commissioner District 4 MEMBERS ABSENT: CITY STAFF PRESENT: Robert Daniels, Interim City Manager C lara VanB largan, City Clerk Ralf Brookes, City Attorney 1. CALL TO ORDER Mayor Black called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Vice-Mayor Hodges gave the Invocation and led the Pledge of Allegiance. 3. ROLLCALL City Clerk Clara VanBlargan called the roll. 4. APPROVAL OF THE AGENDA Vice-Mayor Hodges motioned to approve the agenda. Commissioner Douthirt seconded the motion. ROLL CALL: Vice-Mayor Hodges "YES" Commissioner Douthirt "YES" Commissioner Andrews "YES" August 13, 20 19, BOC Regular Meeting Page 1 of 18  Commissioner Weinstein "YES" Mayor Black "YES" The Motion carried 5-0. 4.1. PROCLAMATIONS A. Proclamation in recognition of the 2019 14U Babe Ruth World Series Champions - Madeira Beach Riptide Recreation Director Jay Hatch presented the proclamation recognizing the 2019 14U Babe Ruth World Series Champions "Madeira Beach Riptide." 4.2. PRESENTATIONS A. Certificate of Completion presented to Commissioner Deby Weinstein for completion of the 2019 Advanced Institute for Elected Municipal Officials (IEMO) held April 12- 13 in Tampa, Florida - Robert Daniels, Interim City Manager Interim City Manager Robert Daniels presented the Certificate of Completion to Commissioner Deby Weinstein for completion of the 2019 Advanced Institute for Elected Municipal Officials (IEMO) held April 12-13 in Tampa, Florida. B. Presentation by the John Houser, Wells, Houser & Schatzel, P.A. - Walter Pierce, Finance Director John Houser, Wells, Houser & Schatzel, P.A., reported on the FY 2018 Audit and CAFR and provided his recommendations as stated in the report. He answered questions and comments by the Board. 5. PUBLIC COMMENT Robert Preston, 425 S. Bay Shore Drive, commented that he was in favor of having impact fees, but only for the right reasons for having them. He would hope that Mr. Murphy will use his platform to spell out the proper use of the impact fees and how they should be used so that this Commission in the future does not make the City liable for the decisions it makes. William Howell, 497 John Pass Avenue, explained an issue regarding a Certificate of Occupancy issued by the City and asked that it be looked into. He said staff lacked the understanding of what a Certificate of Occupancy is and how to enforce it, and by not understanding that, the City is putting itself at risk. 6. CONSENT AGENDA A. Approval of Minutes: August 13, 2019, BOC Regular Meeting Page 2 of18  • 2019-05-14, BOC Regular Meeting Minutes • 2019-05-28, BOC Workshop Meeting Minutes • 2019-06-11, BOC Regular Meeting Minutes • 2019-06-25, BOC Special Meeting Minutes • 2019-07-01, BOC Special Meeting Minutes • 2019-07-01, BOC Workshop Meeting Minutes • 2019-07-08, BOC Special Meeting Minutes • 2019-07-09, BOC Regular Meeting Minutes • 2019-07-09, BOC Workshop Agenda Setting Meeting Minutes B. Planning Commission Appointment - Clara VanBlargan, City Clerk C. Extension of Cyber Security Contract with Network People, Inc. - Walt Pierce, Finance Director D. Authorization for the City Manager to sign a Letter of Intent to Purchase a new Garbage Truck- Deb Laramee, Interim Public Works/Marina Director E. 2019 Emergency Medical Services -ALS First Responder Agreement with Pinellas County Emergency Medical Services Authority - Derry/ 0 'Neal, Fire Chief; Walt Pierce, Finance Director Commissioner Andrews asked the City Clerk to distribute a staff memo that was provided to them for the July 9, 2019, BOC Regular Meeting to clarify a statement he had made at that meeting, as shown in the minutes listed in the Consent Agenda for approval. At the meeting he said the City had lost 90% of its staff in two years, but according to the staff memo that percentage is 87. 7% and not 90%. Commissioner Weinstein noted the following changes to be made to the minutes listed for approval in the Consent Agenda: • May 28, 2019, BOC Regular Workshop Meeting Minutes, agenda packet p.140 of 430 - Item A, Proposed Charter Amendment Discussion - strike everything after the sentence that reads, "The Board consented to the item being discussed by the Charter Review Committee," because that sentence ends that discussion. • June 11, 2019, BOC Regular Meeting Minutes, agenda packet p.159 of 430- in the second paragraph change the word "chambers" to read, "chambers of commerce" to clarify that sentence. • June 11, 2019, BOC Regular Meeting Minutes, agenda packet p. 145 of 430 - under Approval of the Agenda, change the words, "DS Law Review" to "Dais Log Review." • July 1, 2019, BOC Special Meeting Minutes, agenda packet p.164, p.165 & p.165 of 430- change the date of the meeting in the footer to read, "July 1, 2019, BOC Special Meeting Minutes." Mayor Black noted the following changes to be made to the minutes: August 13, 2019, BOC Regular Meeting Page 3 of 18  • May 14, 2019, BOC Regular Meeting Minutes, agenda packet p.122 of 430 - under Invocation and Pledge of Allegiance, change "Commissioner Hodges" to "Vice-Mayor Hodges." Mayor Black asked that Item B, Planning Commission Appointment, in the Consent Agenda, be tabled until the meeting in September to allow time for more people to apply. She said it was first thought they had to the end of August to make the appointment and it was found out that they had until the end of September to make the appointment. Interim City Manager Robert Daniels explained that he and the City Attorney will be looking at the requirement of appointees from the different districts to come up with a plan to address what happens if they do not get a volunteer from some of the districts to serve on the boards. Commissioner Douthirt said he thought there were three people that had applied to serve on the Planning Commission the last time and only one was selected. The City Clerk said she will look into that. Mr. Daniels said they are formalizing the process to have something in writing. Commissioner Weinstein motioned to approve the Consent Agenda with the changes on the minutes. Commissioner Andrews seconded the motion. The Mayor asked the City Clerk to call the roll. ROLL CALL: Commissioner Weinstein "YES" Commissioner Andrews "YES" Commissioner Douthirt "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. 7. UNFINISHED BUSINESS A. Ordinance 2019-06, Amended Fees and Collections Procedures Manual - Rehearing - Third Reading by Title: Re-Read Ordinance by title and re- affirm Adoption of Ordinance by Roll Call Vote after the Reading of Title - RalfBrookes, City Attorney City Clerk Clara VanBlargan read Ordinance 2019-06 by title only: ORDINANCE 2019-06 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING ORDINANCE 2018-03, THE FEES AND COLLECTIONS PROCEDURES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. August 13, 2019, BOC Regular Meeting Page 4 of18  City Attorney Ralf Brookes explained that at the second reading of the ordinance the item was approved without reading the title until after the vote. The ordinance had to be advertised for a third reading so no one would challenge it. The ordinance must be adopted in the correct order. The title will be read, public comment taken, and then the Board will vote on the item. Mayor Black opened to public comment. There were no public comments. Commissioner Andrews renewed his objection to the alcohol management fee in the Fees and Collections Procedures Manual. Commissioner Weinstein motioned to adopt Ordinance 2019-06 on third reading. The motion failed due to a lack of a second to the motion. Commissioner Andrews motioned to amend the third reading of Ordinance 2019-06 to delete the entire subparagraph h, Alcohol Event Management Fee, on p.22 of 30, of the Fees and Collections Procedures Manual. Vice-Mayor Hodges seconded the motion. The Mayor asked the City Clerk to call the roll. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "NO" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 4-1. B. Ordinance 2019-13, City of Madeira Beach's Personnel Polices/Rules and Regulations - 2nd Reading & Public Hearing - Karen Paulson, HR Coordinator City Clerk Clara VanBlargan read Ordinance 2019-13 by title only: ORDINANCE NO. 2019-13 A ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING THE CITY OF MADEIRA BEACH PERSONNEL POLICIES AND PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE; SEVERABILITY AND ORDINANCES OR RESOLUTIONS IN CONFLICT. Karen Paulson, HR Coordinator, reviewed the item. She said the Civil Service Commission and Interim City Manager Daniels completed their review of the document on July 30th and made recommended changes, which included adding back in Article X, as requested by the August 13, 2019, BOC Regular Meeting Page 5 ofl8  Board. It is recommended that the Board consider those changes on second reading and public hearing. Mayor Black questioned the section about meal breaks. Ms. Paulson said that was asked to be taken out by the Civil Service Commission. Mayor Black opened to public comments. There were no public comments. Commissioner Andrews motioned to adopt Ordinance 2019-13, with the changes submitted by the Civil Service Commission, on second reading and public hearing. Vice- Mayor Hodges seconded the motion. The Mayor asked the City Clerk to call the roll. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. C. Agreement with the University of Florida for Planning Services - Linda Portal, Community Development Director Jerry Murphy, University of Florida, reported on the item. Commissioner Weinstein said regarding the reports section of the contract, she would like a brief report every two weeks or monthly on the accomplishments made toward the end result. Since Mr. Murphy will be assisting in the Community Development Department if there are any major interruptions that are anticipated because of that, she would like that time spent included in the report and what could not be accomplished because of it. Mr. Murphy said he would coordinate that with the City Manager. The quarterly reports that the contract calls for will be a formal report. He will be in communications with Mr. Daniels and it would be more appropriate for him to report to the Board if he is not able to attend a meeting. Commissioner Weinstein asked that in his absence if he is not able to fulfil his role, if he would have someone doing that for him. Mr. Murphy said yes. Commissioner Douthirt asked if the purpose of the impact fees is to take some of the burden off the taxpayers. Mr. Murphy explained that the concept is that growth should pay for itself. The new growth through an impact fee pays the proportionate share of the community providing the additional services necessary to accommodate that new development. The Board will decide what to charge for and hopefully with the recommendation of the Planning Commission. They are going to explore every opportunity August 13, 2019, BOC Regular Meeting Page 6 of18  to collect impact fees and what the Board chooses to adopt will be a result of that conversation. Part of the aspect is that one of the City's strategic plan goals is transparency with the public, so they plan to engage the public often. Commissioner Andrews asked if any of the neighboring cities have impact fees. Mr. Murphy explained that he has not done all the research on that. It will be part of the study. Indian Rocks Beach has an impact fee and Pinellas County charges a fee for mobility, which encompasses county roads and state roads. They will be unraveling that to make sure what the City is eligible to charge for as opposed to what Pinellas County is charging for. Mayor Black opened to public comment. There were no public comments. Commissioner Weinstein motioned to approve the proposal with authorization for the University of Florida Master Research Agreement #ACR00014483 to move forward. Commissioner Douthirt seconded the motion. The Mayor asked the City Clerk to call the roll. ROLL CALL: Commissioner Weinstein "YES" Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. D. Fantasy Planet Lease Agreement- Walt Pierce, Finance Director Finance Director Walt Pierce reviewed the item. He said the current lease agreement is expected to expire on September 30, 2019. The extension will give the Lessee the ability to make additional capital investments in the facility. The short-term lease renewal will allow the City time to consider any long-term options with respect to that property. The fiscal impact called for a 4% increase per year, which will be $118,093.96 for FY2020. Commissioner Andrews inquired about the utilities issue. Director Pierce explained they had looked into that and learned there were no utility costs owed to the City. Commissioner Douthirt commented that the City should not be in the rental business, the property should be sold, and they should move forward getting out of the rental business. Interim City Manager explained the 60-day clause in the agreement and said if the City should decide to sell the building, they are required to get three separate independent appraisals for the site to be sold and the voters would have to approve the sale of the property. It is better to lease the property instead of letting it sit vacant until it is decided August 13, 2019, BOC Regular Meeting Page 7 of 18  on what to do. The agreement allows the tenant the first right of refusal. He can match the highest price received and purchase the building. It is a solution where everyone benefits. Commissioner Weinstein said from July 1, 1998 through December 31, 2018, the City had collected $2,140,284.04. She also was not in favor of the City being in the real estate business and said with all the projects the City has going on for the next five years, they should have it for at least five years. The tenant needs the lease agreement so he can spend $30,000 on the air conditioning. Although, the Lessee always pays for the repairs, she would like to make sure if something were to happen to the wall, etc. inside or outside the building when the air conditioning is being installed, the City would not be liable. The City Attorney and the Finance Director pointed out sections in the lease agreement that protected the City in that. Commissioner Douthirt asked if the City signs the lease and then sells the building would the person purchasing the building have to agree to the terms of the lease because the lease goes with the building. The City Attorney read a section of the lease agreement explaining that whoever purchases the property will become the successor to the Lessor and they would be able to collect the rents from the tenant The purchaser would have to honor the tenns in the lease agreement or sometimes they are renegotiated. The lessee would be protected if we were to sell the property and the tenant did not exercise their right of first refusal and another property owner came in. That person would be able to Lease the property at the same price during the five-year period of the agreement subject to any tennination provisions where a new owner or lessor might attempt to terminate for the reasons allowed in the agreement The City Attorney explained the notice requirements in the lease. Mayor Black opened to public comment. John Hendricks, 569 Nonnandy Road, stressed concern that they are talking about selling City property when they should be talking about generating revenue for the City instead. The millage rate is increasing substantially. That property is generating a lot of revenue for the City. Mayor Black closed to public comment Commissioner Weinstein motioned to extend the lease agreement with Fantasy Planet for the period beginning October 1, 2019 and ending September 30, 2024 with a 4% annual increase. Commissioner Andrews seconded the motion. Mayor Black asked the City Clerk to call the roll. ROLL CALL: Commissioner Weinstein "YES" Commissioner Andrews "YES" Commissioner Douthirt "YES" Vice-Mayor Hodges "YES" August 13, 2019, BOC Regular Meeting Page 8 of18  Mayor Black "YES" The motion carried 5-0. E. Discussion of City Manager Position - Ralf Brookes, City Attorney Mayor Black commented that Mr. Daniels has been with the City for a month and since he has been here, he has stepped up to the plate and is doing an excellent job as the Interim City Manager. When speaking with him to see if he would be interested in staying on as the permanent City Manager, he said he would be willing to do that, although he did say he would be willing to accept the current salary. That would be based on the satisfaction of negotiations of his contract. Since his son is a senior in high school, his family will not be able to move for about a year, so he would like to get some additional housing allowance. She recommended that they rescind the city manager offer to Mr. Drumm and offer the permanent position to Mr. Daniels based on satisfactory negotiations of his salary. Commissioner Douthirt agreed and said when they brought Mr. Daniels in for a short term, he has been acting like it was for a long-term. Even ifhe had to go, he was still helping the City for the long-term and not for the short term. He will be withdrawing his offer to Mr. Drumm. Vice-Mayor Hodges commented that Mr. Daniels hit the ground running when coming in the door and he is still going at it. He has been involved with the Big-C, Penny for Pinellas, and they have talked about other organizations such as the Rotary Club and the Chambers of Commerce. He continued the monthly Coffee with the Manager meeting. In the last five weeks, he has made this his home. She would really like to consider Mr. Daniels staying on as the City Manager. Commissioner Weinstein commented that she had studied Bob Daniels background information they received and all the things he has done in his career and she also had studied that of Mr. Drumm, who also has a very good record. She is very satisfied with his interaction she has seen with the employees. His ethics are very high, and she believes he will do the right thing by the City. She would like the commitment that he will follow-up on everything, for customer service is important because they must show their businesses, citizens, and the employees that they are accountable. Commissioner Andrews commented that it was tough to make the panel all agree on something, but he echoes the comments from all the Commissioners. They have seen leadership at City Hall. Bob really did not take the position on a temporary basis because he came in with guns blazing. When something is brought to his attention, they get straight- forward answers. Because he is the cop he is, when sitting in a meeting with him you get interrogated. Commissioner Andrews said he is thrilled. Commissioner Andrews motioned to rescind their offer to Mr. Drumm and to start contract negotiations with Mr. Daniels immediately. Commissioner Weinstein seconded the motion upon satisfactory contract negotiations. August 13, 2019, BOC Regular Meeting Page 9 of18  Mayor Black opened to public comment. Doreen Moore, 13019 Boca Ciega Avenue, commented that Mr. Daniels has done a wonderful job in terms of bridging a lot of issues dealing with a lot of personality and has done a wonderful job of bringing people together by listening to their ideas by getting back, following-up, doing the research, and getting the answers. Having been to several of the Commission meetings recently he also has bridged a very large gap amongst the Commissioners by drawing consensus and maybe quelling some of the contentiousness that was here before. Kudos to Mr. Daniels in bringing the team together and having the support of the staff behind him. She is very pleased with the Board's decision. Mayor Black closed to public comment. Mayor Black asked the City Clerk to call the roll. ROLL CALL: Commissioner Andrews "YES" Commissioner Weinstein "YES" Vice-Mayor Hodges "YES" Commissioner Douthirt ''YES" Mayor Black "YES" The motion carried 5-0. Mr. Daniels thanked everyone and for the applause. He said it is really teamwork of the staff, Commission, and the residents. They have been open to that communication and there are a lot more bridges to go to and there will be challenges to come up. The key is for everyone to work together. Staff has been moving forward. No one is perfect, but it is amazing what can be done when unified. Instead of working in the past, let us move forward and take the City to the next level. Mayor Black apologized to Mr. Drumm for any inconvenience they may have put him through during their discussion and decision. She thanked him for coming to the City and applying. 8. CONTRACTS/AGREEMENTS 9. NEW BUSINESS A. Resolution 2019-13, Adoption of Legislative Priorities-Robert Daniels, Interim City Manager City Clerk Clara VanBlargan read Resolution 2019-13 by title only: August 13, 2019, BOC Regular Meeting Page 10 of18  RESOLUTION 2019-13 A RESOLUTION OF THE CITY OF MADEIRA BEACH, PINELLAS COUNTY, FLORIDA, ADOPTING TOP LEGISLATIVE PRIORITIES FOR FISCAL YEAR 2019 STATE LEGISLATIVE SESSION Interim City Manager Robert Daniels said the Top Legislative Priorities that he suggested are the same as last year because those are still important. Unfortunately, because of the crisis and tragedy that occurred in Parkland, Florida, last year, the focus of the Legislature was on the safety and security of the children, who are our biggest asset. With that moving through the Legislature this year, there are a lot of initiatives they are looking at funding. The first issue is our beach groins. He learned that some of our coastal neighbors might be looking for a similar project, so in the meeting he had with the lobbyist last Friday, that is an important issue as well, the expenditures for our infrastructure situations. They can hopefully get funding of $1 million to $1.5 million to go toward the infrastructure and stormwater projects. They are still working with the county on the lighting situation. Regarding Home Rule, the Governor signed a bill taking away the rights of the local municipalities and counties to regulate the landscaping tree cutting and disposal rules. Things like that will crop up, so constantly they will have issues involving the dilution of the Home Rule powers and we want to make sure that is addressed through our lobbyist as well. Mayor Black opened to public comment. There were no public comments. Commissioner Andrews motioned to pass Resolution 2019-13, as written. City Attorney Ralf Brookes noted changes to the Resolution he will be making along with adding the Home Rule. Commissioner Andrews motioned to pass Resolution 2019-13, with the changes noted by the City Attorney. Commissioner Douthirt seconded the motion. \ Mayor Black asked the City Clerk to call the roll. ROLL CALL: Commissioner Andrews "YES" Commissioner Douthirt "YES" Commissioner Weinstein "YES" Vice-Mayor Hodges "YES" Mayor Black ''YES" The motion carried 5-0. A. Resolution 2019-14, Joint Review Committee on Economic Development and Affordable Housing - Robert Daniels, Interim City Manager August 13, 2019, BOC Regular Meeting Page 11 of 18  City Clerk Clara VanBlargan read Resolution 2019-14 by title only. RESOLUTION 2019-14 A RESOLUTION OF THE CITY OF MADEIRA BEACH APPOINTING INTERIM CITY MANAGER ROBERT DANIELS TO SERVE AS THE STAFF APPOINTEE TO THE PENNY FOR PINELLAS IV JOINT REVIEW COMMITTEE ON BEHALF OF THE CITY OF MADEIRA BEACH AND THE ENTITIES REPRESENTED BY SEAT 11; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Daniels explained that the position is one that Mr. Evans held when he was here. He served as a representative not only the City of Madeira Beach but also to the Big-C coastal communities. When the Big-C had their meeting, he volunteered to serve, when no one else did, because he is all for promoting Madeira Beach. The Committee will probably only run through October because they are winding down on the recommendations, they are making to the Pinellas County Commission. Mayor Black opened to public comment. There were no public comments. Commissioner Weinstein motioned to approve Resolution 2019-14, appointing City Manager Robert Daniels to the Pinellas County Penny for Pinellas IV - Joint Review Committee on Economic Development. Commissioner Douthirt seconded the motion. Mayor Black asked the City Clerk to call the roll. ROLL CALL: Commissioner Weinstein "YES" Commissioner Douthirt "YES" Vice-Mayor Hodges "YES" Commissioner Andrews "YES" Mayor Black "YES" The motion carried 5-0. B. Ordinance 2019-17, Amendment to Chapter 110- Zoning, Article VI. Supplementary district regulations, division III. - Walls, Fences, Hedges, and Sand fences, Sec 110- 447 - rear yards facing water to clarify residential rear yards facing water height - 1st Reading - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance 2019-17 by title only. ORDINANCE NO. 2019-17 August 13, 2019, BOC Regular Meeting Page 12 of 18  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CHAPTER 110 - ZONING, ARTICLE VI. SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION III. - WALLS, FENCES, HEDGES, AND SAND FENCES, SEC 110-447 - REAR YARDS FACING WATER TO CLARIFY RESIDENTIAL REAR YARDS FACING WATER HEIGHT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE RECOGNITION OF STATE PREEMPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Jenny Rowan, Planning and Zoning Coordinator reviewed the item and explained that the current Code does not provide for fences in residential rear yards on the water. The issue is due to modification at the second hearing of Ordinance 2018-02, fence ordinance modification. When Ordinance 2018-02 was presented for second reading and public hearing, the word "commercial" was added to the first sentence in Paragraph A and Paragraph B in Sec. 110-447 and when it was presented for first reading the word "commercial" was not in those sentences. Due to this change, Sec. 110-447 only addresses commercial rear yards facing the water. The conclusion of the second reading had an unattended affect to residential lots. Ordinance No. 2019-17 serves to reverse that change to address both commercial and residential fences. It will go back to what it was originally. Any fence in the rear yard can either be a 3-ft solid fence, which also applies to hedges; garden walls; and 4-ft high open fences, like a picket fence or a chain link fence. Commissioner Weinstein suggested postponing the item or sending it back to Community Development until they can get some historical data. She is uncomfortable with identifying the word commercial as indicating to correct a scrivener's error. The City Attorney explained to Commissioner Weinstein that according to the April 10, 2018 minutes, the ordinance did not have the word commercial in it and at that meeting she had raised the issue of not being comfortable with it being in residential, and that Director Portal indicated she had some commercial projects that needed to go forward, so the Board agreed to adopt the ordinance for commercial and then come back at some point and address residential. Commissioner Douthirt said, as he mentioned before, when the Planning Commission approves something, they need to explain to the Board why they approved it. Commissioner Weinstein said she would like to see what happened prior to Ordinance 2018-02 because this ordinance refers to Ordinance 2018-02 as being an amendment. The reason she had suggested holding off on the matter is because she was given some information from an individual who recalled the original ordinance going back to 1994. She asked the City Clerk to distribute that information to the Board (public record document on file with the City Clerk). Mayor Black opened to public comment. Nancy Howell, 497 Johns Pass A venue, commented that since moving to Madeira Beach in 2014, they have had numerous interactions with City Hall regarding the exact fence August 13, 2019, BOC Regular Meeting Page 13 of 18  ordinance. The ordinance needs to be rewritten so that it is complete, clear and not contradictory, detailed enough to allow the residents to implement the ordinance, and detailed enough to allow enforcement of the ordinance. The proposed change of a single word in the ordinance is insufficient to make this an unambiguous enforcement ordinance. In paragraph (a), the rear building setback is not defined, and seawall is not an adequate description of a measuring point. Without further definition, the ordinance is not enforceable and currently it is not being applied consistently throughout Madeira Beach. The paragraph also states that garden walls, solid fences and hedges shall not exceed three feet in height. That is interpreted to say that nobody can have a hedge anywhere in their backyard taller than three feet in height including foundation plantings on the rear of the building. Defining the point in measurement of the height is necessary to make this ordinance unambiguous and forcible. Robert Preston, 425 S. Bay Shore Drive, asked what happens to people who had a five- or six-feet high block wall up for the last 30 years and it extends past the back of their structure or a measured distance and because the setback varies from property to property, how would that be addressed. There are questions to the ordinance that need to be resolved before going any further. He believes that there are some Pinellas County intercoastal rules regarding fencing and seawalls that might apply. William Howell, 497 Johns Pass Avenue, commented that he has asked the same questions that the gentlemen (Robert Preston) just asked and the City staff have been unable to answer them. He has tried for the last five months to get this ordinance sorted out. He was cited in violation of the ordinance that is not in affect by the deputy in Code Enforcement. No one knows what ordinance is in effect. When revisiting this ordinance, please consider the pool fence ordinance at the same time because they are not in harmony with one another. He has been asking the City since April how he can make his fence legal that was damaged by his neighbor's contractor. He still has no answer from the Building Department on how to make that fence legal. John Hendricks, 569 Normandy Road, said he understood that trees were exempt from the ordinance. There are many people with a pool that want a privacy fence in their backyard, so he would hope they could get a variance allowing them to have that. Interim City Manager Robert Daniels said he would like to pull the ordinance, consider the comments made by the public and the Board, and rewrite it. Whatever is passed needs to be correct. Commissioner Andrews asked that the ordinance be placed on the August workshop meeting agenda and to have at least one of the Planning Commissioner at the meeting to discuss why the Planning Commission is wanting to approve the ordinance as is, because it definitely needs to be reworked. Mr. Daniels said he would like staff to get it right first and address the concerns because the staff recommendation needs to make sense. Commissioner Weinstein said if some research can be done and the 1994 history data can be located, she would like to see what was done since then to make it so confusing. August 13, 2019, BOC Regular Meeting Page 14 of 18  Mr. Daniels said he would like to table the item and said he would like the City Attorney to provide some examples for them to look at. They can do a better job at answering everybody's questions and being more specific in the definitions and making it enforceable. The Board consented to the item being pulled. C. Ordinance 2019-18, Amendment to Land Development Regulations, Division 5. -C- l, Tourist Commercial, Sec. 110-259. - Special Exception Uses, to allow parking facilities as a principal use - 1st Reading - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance 2019-18 by title only. ORDINANCE NO. 2019-18 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING LAND DEVELOPMENT REGULATIONS, DIVISION 5. - C-1, TOURIST COMMERCIAL, SEC. 110-259. - SPECIAL EXCEPTION USES, TO ALLOW PARKING FACILITIES AS A PRINCIPAL USE.; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE RECOGNITION OF STATE PREEMPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Jenny Rowan, Planning and Zoning Coordinator explained the item and said it was discussed at the May workshop meeting. The item stemmed from issues with standalone parking in John's Pass Village. Standalone parking as a principal use is not allowed in the zoning district. Parking lots are only allowed as an accessory use to a structure. This means a majority of the parking lots in the Village are an illegal use. Currently, they do not have the means to make these private parking lots legal. These lots were never approved through site plan review and currently violate the zoning codes. This amendment proposes to allow parking as a principal use only in John's Pass Village in the C-1 tourist commercial zone as a special exception. Special exception uses must meet the special exception standard and go before the Planning Commission for a recommendation and then to the Special Magistrate for approval. Commissioner Weinstein commented she was delighted they are addressing it because all private lots are illegal for parking. She pointed out that Board of Adjustment was mentioned in Sec. 110-259 of the ordinance and asked if that had to stay in there for a reason. Director Rowan said it should say Special Magistrate because it replaced the Board of Adjustment. She will change it. Commissioner Weinstein asked what would be done with the R-2 lots on Pelican. Director Rowan explained that those lots are R-3. The proposed amendment is only in C-1. They do not have any current business licenses right now, so those would be an illegal use. The two R-3 lots on Pelican would be illegal and would not be allowed. Commissioner Weinstein asked if there would be a way to identify other private parking lots either through Code Enforcement or Community Development so that it is done uniformly throughout the City. Ms. Rowan explained that standalone August 13, 2019, BOC Regular Meeting Page 15 of18  parking lots would not be allowed but if it is a parking lot for an accessory use or another structure then that is allowed. If it is an independent principal use lot, then that is not allowed and currently there is nothing in the zoning code that allows that. Commissioner Andrews said his understanding is that anything that runs along Gulf Blvd. is zoned to where it can be used for commercial use. Commissioner Weinstein said they can determine that with the City. Mayor Black opened to public comment. Robert Preston, 425 S. Bay Shore Drive, asked if the parking lots on the end of Pelican were creating a hazard and if they had been getting complaints. If this has been going on for a long time and there really are no complaints, and because it is written in the code, could they somehow work with the people to make it a manageable situation to make all parties happy. Director Rowan said they have heard some complaints from adjacent properties on those lots on Pelican. Commissioner Weinstein moved to approve on first reading, Ordinance 2019-18, amending Land Development Regulations, Division 5. - C-1, Tourist Commercial, Sec. 110-259. - Special Exception Uses, to allow parking facilities as a principal use. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Weinstein "YES" Commissioner Douthirt "YES" Vice-Mayor Hodges "YES" Commissioner Andrews "YES" Mayor Black "YES" The motion carried 5-0. 10. STAFF REPORTS A. Quarterly Finance Report for the First and Second Quarter of FY 2019 - Walt Pierce, Finance Director Finance Director Walter Pierce reported on the Quarterly Finance Report for the first and second quarter of FY 2019. B. FY 2020 Budget Update - Walt Pierce, Finance Director Finance Director Walter Pierce gave an update on the FY 2020 Budget. 11. REPORTS/CORRESPONDENCE August 13, 2019, BOC Regular Meeting Page 16 of18  A. City Commission Commissioner Weinstein reported on the Tampa Bay Regional Planning Council Meeting she recently attended. She had information from that meeting to give to the City Clerk to make a copy for the Board. B. City Attorney No report. C. City Manager Interim City Manager Robert Daniels explained an item he had provided to the Board before the meeting that was not listed on the agenda regarding the need to immediately purchase a new network server. He said the purchase is an emergency and the $29,762.48 funds needed to purchase the new server is contained within the FY 2019 budget, and with approval of the Board, will be transferred from a non-departmental capital maintenance account for the City Centre Municipal Complex. The hope is that they can refurbish the existing server being replaced and have that as a replacement server in the future. Commissioners Andrews motioned to approve the purchase and installation of the new network server in the amount of$29,762.48 coming from fund 0011400.6318. Vice-Mayor Hodges seconded the motion. Mayor Black opened to comment and there were no comments from the public. She asked the City Clerk to call the roll. ROLL CALL: Commissioner Andrews "YES" Vice-Mayor Hodges "YES" Commissioner Weinstein "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. Mr. Daniels provided an update on the generator and explained the purpose of changing the plans for that from what the Board originally approved. When he came to the City he learned of the changes and apologized that staff did not communicate that to the Board when it happened and said it will not happen under his watch. The cost is not known at the time, but it should not cost over $250,000. He will provide those numbers to the Board when reporting on the generator at the August 27th workshop meeting. D. City Clerk August 13, 2019, BOC Regular Meeting Page 17 of 18  The City Clerk reported that she will be scheduling a meeting w ith the Charter Review Committee to review the proposed charter amendments recently discussed by the Board to get their recommendations for placement on the March 2020 Municipal E lection. 12. ADJOURNMENT Mayor Black adjourned the meeting at 8:36 p.m. ATTEST: August 13, 20 19, BOC Regular Meeting Page 18 of 18