Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING APRIL 14, 2020 6:00 P.M. A regular meeting of the C ity of Made ira Beach Board of Commissioners was held at 6:00 p.m. on April 14, 2020, in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madei ra Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor Doug Andrews, Vice Mayor/Commiss ioner District 3 Helen " Happy" Price, Commissioner Di strict I Nancy Hodges, Commi ssioner District 2 (v ia tele-conference) John Douthirt, Commissioner District 4 (v ia telephone) MEMBERS ABSENT: CITY STAFF PRESENT: Robert Daniels, C ity Manager C lara VanB largan, City C lerk Ra lf Brookes, City Attorney (via telephone) 1. CALL TO ORDER Mayor Hendricks ca lled the meeting to order at 6:00 p.m. 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 Vice Mayor Andrews motioned to approve the agenda. Commiss ioner Hodges seconded the moti on. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES'' Commissioner Price "Y ES" Commissioner Douthirt "YES" Mayor Hend ricks ·'YES'' April 14, 2020, BOC Regular Meeting Minutes Page 1 of 8  The motion carried 5-0. 5. PROCLAMATIONS/PRESENTATIONS - MAYOR 5.1. PROCLAMATIONS 5.2. PRESENTATIONS 6. PUBLIC COMMENT City Manager Robert Daniels read the Florida Governor's Stay at Home Order and said because of the order, persons wishing to comment on agenda items, or any other issues had been advised in advance to email their comments to the City. Curt Preisser, Public Information Officer, read comments received by email: Thomas Graham, 14227 E. Parsley Drive, stressed concern regarding closing beaches and recent restrictions within the City. He is opposed to shutting down the City. Captain Dylan Hubbard, 170 Johns Pass Boardwalk, encouraged the City to consider allowing deferred rent for tenants and rent forgiveness for businesses who have boat slips in the Marina. Rees Noren, 363 Medallion Blvd, commented how delighted he was to see Channel 640, the government access channel up and operating. Ann Rayow, 557 Crystal Drive, commented on the Crystal Island roadway project and asked if signage could be put up to urge vehicles to slow down. Thomas Graham, 14227 E. Parsley Drive, complained that the appearance of the entryway to the City on the northside of 150th Avenue from the Karns building to Madeira Way was embarrassing. Vice Mayor Andrews said there was no informational paperwork at this time for individuals at the Marina to apply for the rent amnesty program. The City Manager said staff contacted tenants at the Marina individually, and the Marina received four applications, two from commercial and two from live-aboards. Mayor Hendricks said since it was passed at the last meeting, the City needs to move forward so the renters would know what is required to qualify for the program. Commissioner Douthrit said the discussion at the last meeting was only for live-aboards. The City Manager said he could extend the one-month amnesty program to charter boats and live- aboards and bring it back for official ratification at the May meeting. The Board consented. 7. APPOINTMENT OF VICE MAYOR April 14, 2020, BOC Regular Meeting Minutes Page 2 of8 Commissioner Hodges made a motion to appoint Commissioner Doug Andrews to serve as Vice Mayor. Commissioner Price seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Price "YES" Commissioner Andrews "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES" The motion carried 5-0. 8. CONSENT AGENDA A. Approval of Minutes: 2019-12-03, BOC Special Meeting Minutes 2019-12-10, BOC Regular Meeting Minutes 2019-12-17, BOC Special Meeting Minutes 2019-12-17, BOC Workshop Meeting Minutes 2020-01-14, BOC Regular Meeting Minutes 2020-01-28, BOC Workshop Meeting Minutes 2020-01-30, BOC Special Meeting Minutes 2020-02-11, BOC Workshop Agenda Setting Meeting Minutes 2020-02-11, BOC Regular Meeting Minutes 2020-02-25, BOC Workshop Meeting Minutes 2020-03-10, BOC Workshop Agenda Setting Meeting Minutes 2020-03-10, BOC Regular Meeting Minutes B. Joint Project Agreement with the City of Madeira Beach and Pinellas County for the Crystal Island Project - Jamie Ahrens, Public Works Director Vice Mayor Andrews said the Crystal Island roadway project was way over budget. In the future, the City needs to be more fiscally responsible. Vice Mayor Andrews made a motion to approve the Consent Agenda. Commissioner Price seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Price "YES" Commissioner Hodges "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES" April I 4, 2020, BOC Regular Meeting Minutes Page 3 of8  The motion carried 5-0. 9. UNFINISHED BUSINESS A. Ordinance 2019-16, Ordinance 2019-16, An ordinance amending City of Madeira Beach Code of Ordinances, Article VIII. - Special Magistrate, to correct grammar and provide more inclusive language throughout; Sec. 2-501 and 2-503(e), to specify limits on the authority of the Special Magistrate as relates to licensed and certified decisions; Sec. 2-503(c) to expand the radius of notification; Sec. 2-503(d)(l) to establish cost recovery fee for applicants failure to attend; Sec. 2-503(g) transferring clerical and administrative support from the Board of commissioners to the city manager in keeping with professional standards and practice and stating performance standards for the Special Magistrate; Sec. 2-506(c) specifying the application of the land development code and removing the duplicative quasi-judicial review of the local planning agency; Sec. 2-507 (b) strengthening the standard for review of variances to ensure full compliance with local standards - 1st Reading - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance 2019-16 by title only: ORDINANCE NO. 2019-16 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CITY OF MADEIRA BEACH CODE OF ORDINANCES, ARTICLE VIII - SPECIAL MAGISTRATE, TO CORRECT GRAMMAR AND PROVIDE MORE INCLUSIVE LANGUAGE THROUGHOUT; SEC. 2-501 AND 2-503(e), TO SPECIFY LIMITS ON THE AUTHORITY OF THE SPECIAL MAGISTRATE AS RELATES TO LICENSED AND CERTIFIED DECISIONS; SEC. 2-503(c) TO EXPAND THE RADIUS OF NOTIFICATION; SEC. 2- 503(d)(l) TO ESTABLISH COST RECOVERY FEE FOR APPLICANTS FAILURE TO ATTEND; SEC. 2-503(g) TRANSFERRING CLERICAL AND ADMINISTRATIVE SUPPORT FROM THE BOARD OF COMMISSIONERS TO THE CITY MANAGER IN KEEPING WITH PROFESSIONAL STANDARDS AND PRACTICE AND STATING PERFORMANCE STANDARDS FOR THE SPECIAL MAGISTRATE; SEC. 2-506(c) SPECIFYING THE APPLICATION OF THE LAND DEVELOPMENT CODE AND REMOVING THE DUPLICATIVE QUASI-JUDICIAL REVIEW OF THE LOCAL PLANNING AGENCY; SEC. 2-507 (b) STRENGTHENING THE STANDARD FOR REVIEW OF VARIANCES TO ENSURE FULL COMPLIANCE WITH LOCAL STANDARDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IM MEDIA TE EFFECTIVE DATE. Community Development Director Linda Portal reviewed the item. She said the Planning Commission recommended the approval as written. They recommended expanding the radius of notification to 300 feet. April 14, 2020, BOC Regular Meeting Minutes Page 4 of8 Commissioner Price said she agreed with the recommended 300-foot radius. Commissioner Hodges made the motion to approve Ordinance 2019-16 with the 300-foot radius as written. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Douthrit ''YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 5-0. Commissioner Price said the radius in the ordinance was written as 500 feet and not 300 feet. City Attorney Ralf Brookes asked Director Portal to change the ordinance to say 300 feet for second reading. Commissioner Hodges amended the motion to approve Ordinance 2019-16, changing the 500-foot radius to 300-foot radius. Vice Mayor Andrew seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Douthrit "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 5-0. B. RFP, for City Attorney Professional Services- Clara VanB/argan, City Clerk City Clerk Clara VanBlargan said the RFP had been revised and given to the Commissioners before the meeting. The Board discussed the item. Vice Mayor Andrews motioned to terminate the contract with City Attorney Ralf Brookes as of today, April 14, 2020, with the thirty-day termination clause, which gives them until May 14, 2020, to transition and get an interim city attorney. ROLL CALL: April 14, 2020, BOC Regular Meeting Minutes Page S of8  Vice Mayor Andrews "YES" Commissioner Price "YES" Commissioner Douthirt "NO" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 4-1. 10. CONTRACTS/AGREEMENTS 11. NEW BUSINESS A. Ordinance 2020-05, Amendment to Marine Speed Zone Ordinance - 1st Reading - Linda Portal, Community Development Director; Robert Daniels, City Manager City Manager Robert Daniels said the ordinance was addressed at the last meeting with the resolution to the Florida Fish and Wildlife Conservation Commission. They regulate the speeds on the waterways throughout the state. After reviewing the manatee speed area, which covers part of the area of Johns Pass, Pinellas County suggested expanding the manatee areas within our jurisdiction, excluding the channels. Community Development Director Linda Portal explained the changes in Ordinance 2020-05. Public Information Officer Curt Preisser read public comments received by email: Jerry Bridges, 557 Johns Pass Avenue, stressed concern about boats speeding behind the homes on the east side of Johns Pass Avenue. He asked the City to consider making the waterway a no wake zone. Chuck and Patti Spang, no address given, said their first concern was the safety factor due to the speed of boats and their proximity to docks and lifts. It is a danger for swimmers, watercraft, and kayaks entering the water from their residence. The second was wake damage to docks, seawalls, and watercraft from speeding boats operating outside the channel. And the third is the concern to the danger to pets and water life swimming or living in the water. They were in favor of adopting the ordinance. Paul Allen, 518 Lillian Drive, commented in favor of the ordinance. Kristi Juliano, 840 Bay Point Drive, stressed concern about boat traffic going past her house at full pace because it causes damage to the docks and seawalls. City Clerk Clara VanBlargan read Ordinance 2020-05 by title only: ORDINANCE 2020-05 April 14, 2020, BOC Regular Meeting Minutes Page 6 of8  AN ORDINANCE OF THE CITY OF MADEIRA BEACH, PINELLAS COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES, CHAPTER 78 - WATERWAYS, ARTICLE IL-BOATS, DIVISION I-GENERALLY, SEC. 78- 38. - SLOW SPEED-MINIMUM WAKE AND IDLE SPEED-NO WAKE ZONES AND INFORMATIONAL MARKERS; ESTABLISHING A SLOW SPEED- MINIMUM WAKE ZONES TO INCLUDE ALL WATERS OF THE CITY OF MADEIRA BEACH UNLESS DESIGNATED AS NO WAKE ZONES IN SEC. 78-38 (B), AND EXCEPT THOSE WATERS IN THE JOHNS PASS CHANNEL OR IN THE CHANNEL OF THE INTRACOASTAL WATERWAY; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. The Board discussed the item. Commissioner Price made a motion to pass Ordinance 2020-05, regarding the minimum wake zones and slow speed-minimum wake zones for Madeira Beach waterways. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Douthirt "YES" Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 5-0. 12. STAFF REPORTS 13. REPORTS/CORRESPONDENCE A. Board of Commissioners B. City Attorney C. City Manager D. City Clerk The City Clerk said she gave the Board a copy of the 2019 BOC Policy Handbook to review for changes. The item would be discussed at an upcoming meeting. 14. ADJOURNMENT Mayor Hendricks adjourned the meeting at 7:14 p.m. April 14, 2020, BOC Regular Meeting Minutes Page 7 of8 ATTEST: ; C lara VanBlargan, MMC, MSM, City Apri l 14, 2020, BOC Regular Meeting Minu tes Page 8 of 8