Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMlSSIONERS REGULAR MEETING FEBRUARY 11, 2020 6:00 P.M. A regu lar meeting of the C ity of Madeira Beach Board of Commi ssioners was held at 6:00 p.111. on Februa1y 11 , 2020, in the Patricia Shontz Commi ssion Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: Maggi Black, Mayor Deby Weinstein, Commiss ioner District I Nancy Hodges, Vice-Mayor/Commissioner District 2 Doug Andrews, Commiss ioner, District 3 John Douthi1t , Commi ssioner District 4 MEMBERS ABSENT: CITY STAFF PRESENT: Robert Daniels, City Manager Clara VanBlargan, City C lerk Patty Kordis, Deputy Clerk Ra lf Brookes, City Attorney 1. CALL TO ORDER Mayor Black called the meeting to order at 6:00 p.m. 2. ROLLCALL City Clerk Clara VanBlargan ca lled the roll. 3. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Hodges gave the Invocation and led the Pledge of Alleg iance. 4. APPROVAL OF THE AGENDA Commissioner Douthirt motioned to approve the Agenda. Commissioner Andrews seconded the motion. ROLL CA LL: Commissioner Douthi1t "YES" Commissioner Andrews '·YES" Com missioner Weinstein "YES" February 11 , 2020, BOC Regular Meeting Minutes Page 1 of 12  Vice Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. 5. PROCLAMATIONS/PRESENTATIONS - MAYOR 5.1. PROCLAMATIONS 5.2. PRESENTATIONS A. Firefighter of the Year Presentation - Firefighter/Paramedic Erick Ubiles - Derry/ 0 'Neal, Fire Chief Clint Belk, Firefighter/Paramedic, presented the Firefighter of the Year Award to Firefighter/Paramedic Erick Ubiles. B. Police Officer of the Year Presentation - Deputy Sheriff Corey Snyder - Robert Daniels, City Manager City Manager Robert Daniels recognized Deputy Sheriff Corey Snyder as his designated Deputy Sheriff of the Year. C. Tampa Bay Beaches Chamber of Commerce Annual Update - Doug Izzo, Government Affairs, Tampa Bay Beaches Chamber of Commerce Robin Miller, President/CEO of Tampa Bay Beaches Chamber of Commerce, provided the Tampa Bay Beaches Chamber of Commerce annual update. 6. PUBLIC COMMENT Robert Preston, 425 S. Bayshore Drive, played a recording he had made of music being played at 10:55 p.m. on January 11 th , at a residence located over 500 yards away from him, and he was at a 90-degree angle from the residence. He urged the City to modify its noise ordinance to measure noise sound by decibel level devices like other communities have done. David Green, 13510 1st Street E., commented on the benefit of having pocket parks and recommended that the City have a five-year plan to do a pocket park each year. John Hendricks, 569 Normandy Road, said he had spoken with several business owners who said they would be glad to get involved in a public/private joint venture with the City, so they could donate outdoor recreational play equipment for the pocket parks and to help the City clean up the pocket parks. 7. CONSENT AGENDA February 11, 2020, BOC Regular Meeting Minutes Page 2 ofl2  A. Approval of Minutes: 2019-11-19, BOC Special Meeting Minutes 2019-11-19, BOC Workshop Meeting Minutes 2019-12-10, BOC Workshop Agenda Setting Meeting Minutes 2019-12-16, Joint BOC and Civil Service Commission Meeting Minutes 2020-01-14, BOC Workshop Agenda Setting Meeting Minutes 2020-01-28, BOC Special Meeting Minutes B. Approval of $2,000 donation to Tampa Bay Beaches Chamber of Commerce - Walt Pierce, Finance Director C. Approval of $2,000 donation to Treasure Island and Madeira Beach Chamber of Commerce - Walt Pierce, Finance Director D. Legal Representation by Weidner Law Firm - Liens - RalfBrookes, City Attorney E. Professional Records and Information Management Services Agreement with SML, Inc. - Clara VanBlargan, City Clerk F. Friends of Parks and Recreation - Jay Hatch, Recreation Director G. National Softball Association (NSA) - 2020 Contract Pricing - Jay Hatch, Recreation Director H. John's Pass Seafood Festival - Jay Hatch, Recreation Director I. Recap of King of the Beach - Jay Hatch, Recreation Director J. Resurfacing Joint Participation Agreement with the Florida Department of Transportation - Amendment No. 1 - Jamie Ahrens, Public Works Director; Walt Pierce, Finance Director K. Request for Fee Waiver at the Marina - Robert Daniels, City Manager The City Manager said he made some last-minute revisions to the Seafood Festival contract, and he had given a copy to the Board. He included a 30 day out clause provision in the contract for the City and for the Merchant's Association, and a provision for the City to review the events to make sure they are appropriate events. Commissioner Weinstein motioned to approve the Consent Agenda with the changes made to the Seafood Festival contract. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Weinstein "YES" February I I, 2020, BOC Regular Meeting Minutes Page 3 of 12  Commissioner Douthirt ''YES" Commissioner Andrews "YES" Vice Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. 8. UNFINISHED BUSINESS A. Ordinance 2019-14. Amendment to Code of Ordinances, Article IV. - Special Exception uses, Sec. 110-124(a). - Standards and Requirements, to remove the duplicative quasi-judicial review by the local planning agency; and adding Sec. 110- 125 to provide an appeals process - 2nd Reading and Public Hearing (Cont'd from July 9, 2019) - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance 2019-14 by title only. AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CITY OF MADEIRA BEACH CODE OF ORDINANCES, ARTICLE IV. - SPECIAL EXCEPTION USES, SEC. I 10-124(a). - STANDARDS AND REQUIREMENTS, TO REMOVE THE DUPLICATIVE QUASI JUDICIAL REVIEW BY THE LOCAL PLANNING AGENCY, AND; ADDING SEC. 110-125 TO PROVIDE AN APPEALS PROCESS; PROVIDING FOR CONFLICT/ PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Community Development Director Linda Portal explained the purpose of the proposed ordinance. Mike Noble, Chairman of Planning Commission, said the Planning Commission discussed and approved the item. Mayor Black opened to public comment. There were no public comments. Commissioner Douthirt motioned to adopt Ordinance 2019-14, Amendment to Code of Ordinances, Article IV, - Special Exception uses, Sec. 110-124(a). - Standards and Requirements, to remove the duplicative quasi-judicial review by the local planning agency and adding Sec. I I 0- 125 to provide an appeals process. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Andrews "YES" Commissioner Weinstein "YES" Vice Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. February I I, 2020, BOC Regular Meeting Minutes Page 4 of 12  B. Update on Proportionate-Share Development Regulations and Fees-Jerry Murphy, Consultant Planner Community Development Director Linda Portal reviewed the item. She said Task Order #3, attached to the item, list the sections of the impact fee ordinance they would be working on first, primarily the identification of public facilities and transportation mobility elements. They are comprehensive plans to create the levels of service, the ordinance preparation, and the legal documentation necessary to bring back to the Board for final adoption of impact fees and in those areas. Director Portal responded to questions and comments by the Board. She identified the public facilities and the transportation mobility elements and said the Board is being asked to approve going forward with the next stage of the plan, which is to develop the levels of service for those two areas. Staff will be coming back to the Board with comp plan amendments to establish the levels of service for everything proposed in a public hearing. Commissioner Andrews motioned to approve the update on the proportionate-share development regulations and fees. Commissioner Douthirt seconded the motion. Mayor Black opened to public comments. There were no public comments. ROLL CALL: Commissioner Andrews "YES" Commissioner Douthirt "YES" Vice Mayor Hodges "YES" Commissioner Weinstein "YES" Mayor Black "YES" The motion carried 5-0. 9. CONTRACTS/AGREEMENTS 10. NEW BUSINESS A. PUBLIC HEARING to consider a request for Alcoholic Beverage Use Permit# ADP 2020-01, for a 2COP QUOTA license with stated intent to sell liquor, beer and wine by drink or in sealed containers for consumption on premises where sold for Pete Sushi and Poke located on 14995 Gulf Blvd., Suite J. - Linda Portal, Community Development Director City Attorney Ralf Brookes reminded everyone that the item was quasi-judicial and sworn in those that were present to testify for or against the item. He asked that if any Commissioner had talked to any individual people about the application to disclose the conversations and communications. The Board had nothing to disclose. February 11, 2020, BOC Regular Meeting Minutes Page 5 of12 Community Development Director Linda Portal reviewed the item and responded to Commission questions. Kristy Powers, Attorney of Record for the applicant, said she was present to address questions. The Board commented in favor of the item. Mayor Black opened to public comment. There were no comments made. Commissioner Weinstein motioned to approve the Permit# ABP 2020-01, for a 2COP QUOTA license with stated intent to sell liquor, beer and wine by drink or in sealed containers for consumption on premises where sold for Pete Sushi and Poke located on 14995 Gulf Blvd., Suite J. The motion was seconded by Commissioner Douthirt. 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 2020-01, Petitioner sponsored ordinance - Amendment to the Code of Ordinances, Division 3. - R-2, Low density multifamily residential, Sec. 110-206. - Setback requirements, to amend the side setback requirement for lots of under 50 feet in width from 12 total with a minimum of 5 on either side to 10 feet total with a minimum of 5 on either side - 1st Reading - Linda Portal, Community Development Director City Clerk Clara VanBlargan reijd Ordinance 2020-01 by title only. AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CITY OF MADEIRA BEACH CODE OF ORDINANCES, DIVISION 3 - R-2, LOW DENSITY MULTIFAMILY RESIDENTIAL SEC. 110-206 SETBACK REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Community Development Director Linda Portal explained the purpose of the proposed ordinance and responded to questions and comments. Mayor Black opened to public comment. There were no public comments. February 11, 2020, BOC Regular Meeting Minutes Page 6 ofl2 Commissioner Weinstein motioned to approve Ordinance 2020-01, Division 3 of the Madeira Beach Code of Ordinances - R-2, Low density multifamily residential, Sec. 110-206. - Setback requirements, to amend the side setback requirement for lots of under 50 feet in width from 12 feet total with a minimum of 5 on either side to 10 feet total with a minimum of 5 on either side on first reading. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Weinstein "YES" Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. C. Ordinance 2020-02, Amendment to Code of ordinances, Chapter 102-Signs, Sec. 102- 1.-Purpose addressing environmental impacts; Sec. 102-5. - Signs specifically prohibited, addressing lit signs in the conservation zone; Sec. 102-147 - Signs-Area, to clarify regulation of ground or pole mounted signs; and Sec. 102-191. - Electronic reader boards, wall, marquees, canopy, awnings and mansard signs, to provide a minimum sign standard for small frontage uses - pt Reading - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance 2020-02 by title only. AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CITY OF MADEIRA BEACH CODE OF ORDINANCES, DIVISION 3 - R-2, LOW DENSITY MULTIF AMIL Y RESIDENTIAL SEC. 110-206 SETBACK REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Community Development Director Linda Portal explained the proposed ordinance and the changes made. She responded to questions and comments. Mayor Black opened to public comments. There were no public comments. Commissioner Andrews motioned to approve Ordinance 2020-02, proposed amendment to the City of Madeira Beach Code of ordinances, Chapter l 02-Signs, Sec. I 02-1, Sec. l 02-5, Sec. l 02- 147, and Sec. 102-191 on first reading. Commissioner Weinstein seconded the motion. ROLL CALL: Commissioner Andrews "YES" Commissioner Weinstein "YES" Commissioner Douthirt "YES" February 11, 2020, BOC Regular Meeting Minutes Page 7 of 12  Vice Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. D. Ordinance 2020-03, Amendment to Code of Ordinances, Article VII. - Code Enforcement, Division 2. - Enforcement by Special Magistrate, adding Sec. 2-386. Modification of Orders by Special Magistrate - 1st Reading - Linda Portal, Community Development Director City Clerk Clara VanB]argan read Ordinance 2020-03 by title only. AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CITY OF MADEIRA BEACH CODE OF ORDINANCES, DIVISION 2. - ENFORCEMENT BY SPECIAL MAGISTRATE. ADDING SEC. 2-386. - MODIFICATION OF ORDERS BY SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. FIRST READING. Community Development Director Linda Portal explained the purpose of the proposed ordinance. Commissioner Weinstein commented that the item was a long time coming and glad it was being discussed. She hoped the Special Magistrate would be made accountable for all that and not have it in the hands of the Board of Commissioners. Mayor Black opened to public comments. There were no public comments. Commissioner Weinstein motioned to approve Ordinance 2020-03, Amending the Madeira Beach Code of Ordinances, Article VII. - Code Enforcement, Division 2. - Enforcement by Special Magistrate, by adding Sec. 2-386, Modification of Orders by Special Magistrate, on the first reading. Commissioner Douthirt seconded the motion. ROLL CALL: Commissioner Weinstein "YES" Commissioner Douthirt "YES" Commissioner Andrews "YES" Vice Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. 11. STAFF REPORTS A. Transfer City Investment Funds from Synovus Bank to Hancock Bank- Walt Pierce, Finance Director February 11, 2020, BOC Regular Meeting Minutes Page 8 of 12 Finance Director Walt Pierce reported on the item. Commissioner Weinstein asked Director Pierce to distribute to the Board information about Hancock Bank they could consider so that she could know more about them, what they have to offer, what type of folio they have, etc. Director Pierce explained some information about them. Director Pierce responded to questions and comments by the Board. He explained that both banks invested in the same type of securities. The City is in the first year of a three-year banking agreement, which is the second agreement with Hancock Bank. He was told there would be no penalty for moving the funds. They do not have an agreement with Synovus Bank. It is a large amount of money, and he needed to give them about a week to make the transfer take place. For the 2020 budget, they could take the extra $55,000 the City would be generating from the transfer and put it somewhere to be included in the revenue. If the Board made the decision at the meeting and concurred with it, the transaction could probably take place in March. They could make about $25,000 between March and September, and $55,000 annually. Throughout the remaining three- year agreement, they would make $125,000. Mayor Black said the item is a staff report, so they could not vote on it at the meeting. Commissioner Andrews said he would like to know what portfolio they are leaving and what portfolio they are going in. City Manager Robert Daniels said he could add the item to the workshop meeting agenda. The Board consented. 12. REPORTS/CORRESPONDENCE A. City Commission Commissioner Weinstein announced her Listening Tour to be held on Thursday, from 4:00 p.m. to 6:00 p.m. at the Library in the conference room and invited everyone to attend. The event will be a non-political platform, no campaign talk, etc. The City Manager will be facilitating. They will be listening to all the individuals who get up and speaks. Commissioner Andrews explained that the City should not be sending out a press release advertising for Commissioner Weinstein to have the meeting regardless of what is being discussed. The advertisement should be made using personal funds. Commissioner Weinstein said the meeting was properly noticed and invited him to attend so he would know what is being discussed. Commissioner Andrews said the meetings are fine but not during an election when Commissioner Weinstein's name is listed on the Election Ballot. It would be wrong for the City to advertise an event hosted by her. If that is done for Commissioner Weinstein, it should be done for every candidate in the room. Commissioner Weinstein disagreed and said she had asked the Library for the room before Thanksgiving, and she intended to move along with it. February 11, 2020, BOC Regular Meeting Minutes Page 9 of 12 Commissioner Andrews said it would be completely inappropriate. The City should not be supporting, advertising, hosting, or doing anything else for a candidate over another candidate. The event should be done personally and not with the help of the City. He asked City Attorney Ralf Brookes what he thought about it. Mr. Brookes said he would look into it. He had not been made aware of the event, nor had he seen the advertisement. B. City Attorney The City Attorney had no report. C. City Manager At the request of the City Manager, Dan Hart, with CPWG Engineering, the engineering firm in charge of the Gulf Blvd. project, gave an update on the undergrounding and the Gulf Blvd. paving. The City Manager said he would give an update at the workshop meeting on the waterway annexation regarding the enforcement, etc. For the next phase of the process, if the Board has no objection, he will send a letter to the Florida Department of Environmental Protection, FWC, the U.S. Army Corps of Engineers, and the county letting them know the City's intention to annex the waterway and hopefully they will agree. If they agree, then the Board will have to meet and agree so they could move forward with the next step. The Board consented for the City Manager to send the letters. The City Manager said he had been working on doing some fundraising for the fireworks and or a laser light show to be at the Elementary School. If any Board member should hear that he is out looking for funds, he would like no objections because he was directed by them during the budget period to see what money he could raise from the private side to fund the City's fireworks event. He is hoping to bring a proposal to the Board at the next Commission meeting. The City Manager commented on the article about the forensic investigation conducted before coming to the City. He said Wayne Ayers with the Beach Beacon had emailed him a copy of the original article written, and he wanted the information validated. Mr. Ayers had quoted from the executive summary page of the forensic investigation, which stated, "Based upo~ the investigative procedures performed, it appears the City's limited oversight of the Marina may have resulted in lost revenue or overbilled expenditures of $550,685.17 during February I, 2015, through August 1,2018." Commissioner Andrews said, as quoted in the paper, he would like a retraction from the City, based on truths and facts, to the local papers that the Marina did not lose $550,000. Curt Preisser, the City's Public Information Officer, had sent out a press release stating, "The report shows the estimated Marina losses totaling more than $550,000." The City praised that the cost of $27,000 recouped from an overpayment. The auditors were praised for finding something the City had double paid. Wayne's article does not vindicate anybody nor clear anybody, but he did report correctly. No one can verify the facts of the audit. Commissioner Andrews said he asked them if February 11, 2020, BOC Regular Meeting Minutes Page 10 of 12 they could verify the facts that are in the audit and was told no, but they can verify the statement that the Marina lost $550,000, which was untrue. That was the last thing seen by the public. He asked the City Manager to read Mr. Ayer's statement and for the City to do a retraction about the Marina audit that states the truth so that everybody will understand it correctly. The article does not clarify what happened. They need to have another discussion about it. He requested the item be placed on a workshop agenda for discussion. The City Manager said okay. Commissioner Douthirt said if the audit came back saying we lost ''x" amount of dollars, he does not know how the City could say the audit was completely wrong. In all fairness, he doe~ not know how they can say the audit was incorrect, and nothing in it was true, etc. - Commissioner Andrews said the Finance Director could show a report showing that the Marina did not lose $550,000. The information in the article about the audit came from someone internal. It said that the Marina lost $550,000 and it gave the illusion that somebody had stolen the money, it was misplaced, or they lost the money. That is not what they should be telling people. The truth needs to come out. An employee who had worked for the City over 17 years lost his reputation, and his career ruined based on that report. The report is a "flat out lie." The City needs to retract its statement in a press release. He saw the first quarter numbers for 2020, since losing Mr. Marsicano over the audit, and he cannot wait to see what the revenues will be next year. A lot of people are confused because they have not seen the press release. He asked that the Board be given a copy of the press release to go through in a meeting, and if they find that a retraction is needed at the end, terrific, and if they do not, he could live with it. It cannot be "not" discussed because people deserve the truth about it. They cannot control what the paper prints, but they can control what is put out by the City. Commissioner Douthirt said Commissioner Andrews is reading more into it because the audit never said anybody had stolen money like he keeps saying. Commissioner Andrews said they investigated, and because they could not find any fraud, they had to find something to report. D. City Clerk City Clerk Clara VanBlargan reminded everyone about the upcoming Municipal Election on March 17, 2020. The special meeting to swear-in the new commissioners will not be until Tuesday, March 31 st· unless the Pinellas County Canvassing Board can certify the final official election results sooner. She will stay on top of it and will be attending the Canvassing Board meetings. If the meeting can be held sooner, she will let the Board know. 5. ADJOURNMENT Mayor Black adjourned the meeting at 7:23 p.m. ATTEST: February 11, 2020, BOC Regular Meeting Minutes Page 11 of 12 February 11, 2020, BOC Regular Meeting Minutes Page 12 of 12