Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING JUNE 10, 2020 6:00 P.M. A regular meeting of the City of Madeira Beach Board of Commissioners was held at 6:00 p.m. on June I0, 2020, in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Dri ve, Madeira Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor Doug Andrews, Vice Mayor/Commissioner District 3 He len " Happy" Price, Commissioner District 1 Nancy Hodges, Commissioner District 2 MEMBERS ABSENT: John Douthitt, Commissioner District 4 CITY STAFF PRESENT: Robert Daniels, City Manager C lara VanBlargan, C ity Clerk Patty Kordis, Deputy Clerk Robert Eschenfelder, Trask Daigneault, LLP (via tel ephone) 1. CALL TO ORDER Mayor Hendricks called 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 C lerk, C lara VanBlargan called the roll. 4. APPROVAL OF THE AGENDA Vice Mayor Andrews motioned to approve the Agenda. Commissioner Hodges seconded the motion. ROLL CA LL: Vice Mayor Andrews "YES" Comrn iss ioner Hodges "YES" Commiss ioner Price "YES" Mayor Hendricks " YES" The motion carried 4-0. June I 0, 2020, BOC Regular Meeting Page 1 of 11 5. PROCLAMATIONS/PRESENTATIONS - MAYOR/ CITY CLERK 5.1. PROCLAMATIONS None. 5.2. PRESENTATIONS A. Gulf Beach Library FY 2020 (agreement for approval on July)- Vincent Gadrix, Gulf Beaches Library Library Director Vincent Gadrix said the Library re-opened Monday, June 8, 2020, after the Covid-19 pandemic closing. He reviewed the FY2020 - FY2021 budget for the Library and responded to questions and comments by the Board. Mayor Hendricks asked Mr. Gadrix to revise the Library's budget to reflect a lesser amount due to the COVID-19 financial impact. Mr. Gadrix said he did not think that was possible because he had already sent out the cost to the other cities but would see what he could do. Mayor Hendricks opened to public comments. Steve Kochick, 1530 I 2nd Street E., suggested helping the Library raise funds and not cut the budget. B. Cost of Law Enforcement Services for FY2021 ( contract approval in July) - Captain Mike Leiner, Pinellas County Sherriff's serving Madeira Beach. Captain Mike Leiner reviewed the FY202 l proposed cost of law enforcement services to the City of Madeira Beach. He responded to questions and comments by the Board. 6. PUBLIC COMMENT Vivian Mc Dowell, 910 Bay Point Drive, stressed concern about the boat traffic in front of her dock traveling at high speeds. The boats that come from John's Pass do not stay in the channel, and she was concerned about the danger of the heavy boat traffic close to the dock and waves damaging the seawall. Jeff Brooks, 425 150th Avenue, said he was against the Commission offering an apology for the Marina audit. Tom Edwards, protected address, stressed his disapproval of an apology for the Marina audit. Robert Preston, 425 S. Bayshore Drive, expressed concerns about Covid-19 and the budget. Steve Koc hick, 15301 2nd Street E., welcomed the new Commissioners on the Board. Laure Hopkins, 9 I 2 Bay Point Drive, asked why John's Pass channel was excluded in the June I 0, 2020, BOC Regular Meeting Page 2 ofll speed zone amendment ordinance. The City Manager explained the reasoning. Vivian Mc Dowell, 910 Bay Point Drive, thanked all police officers for doing a great job. Rees Noren, 363 Medallion Blvd, commented on the forensic investigation at the Marina. City Manager Robert Daniels, read public comments received by email for the meeting: William Gay, citizen, disagreed with proposed charter amendment Ordinance 2020-09, changing how the City would be prescribing the manner of holding elections. He was not in favor of changing it from an ordinance to a resolution. 7. PUBLIC HEARINGS A. 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)(1) 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 - 2nd Reading & Public Hearing - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance 2019-16 by title only. Linda Portal, Community Development Director, reviewed the item and responded to questions and comments by the Board. Vice Mayor Andrews motioned to pass Ordinance 2019-16 with a change to Article 8, Section 2- 503(c), correcting meeting notice requirements from 500 ft. to 300 ft. Commissioner Price seconded the motion. Mayor Hendricks opened to public comment. Steve Kochick, 15301 2nd Street E., said variances are meant to be restrictive because they affect the entire City and keep the neighborhood in some assemblance of order. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Price "YES" Commissioner Hodges ''YES" June 10, 2020, BOC Regular Meeting Page 3 ofll  Mayor Hendricks "YES" The motion carried 4-0. B. Ordinance 2020-05, Amendment to Marine Speed Zone Ordinance - 2nd Reading & Public Hearing - Linda Portal, Community Development Director; Robert Daniels, City Manager City Clerk Clara VanBlargan read Ordinance 2020-05 by title only. Community Development Director Linda Portal reviewed the item and responded to questions and comments by the Board. Mayor Hendricks commented years ago the City supplied no wake zone signs for the residents to put up on their docks. He said the City may be able to get signs printed with the proper language for the residents to buy at cost and install in their area. City Manager Robert Daniels said the City would take the ordinance to the state for approval by FWC (Florida Fish and Wildlife Conservation Commission). Mayor Hendricks opened to public comment. Steve Kochick, 1530 l 2nd Street E., suggested the City should look for grants to fund a purchase of a boat. The boat would allow the City to assist with the work on the water, which would be needed to enforce the new ordinance. Ray Kerr, 583 Johns Pass A venue, said he is in favor of the ordinance. Robert Preston, 425 S. Bayshore Drive, said he is in favor of the ordinance. Vivian Mc Dowell, 910 Bay Point Drive, said she would like to add a post by her dock, and she is willing to put up a no wake sign. Commissioner Hodges motioned to pass Ordinance 2020-05 on second reading. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4-0. C. Ordinance 2020-07, Proposed Charter Amendment - Sec. 3.3 A, Filing - To provide that the Qualifying Period for Candidates seeking the office of Mayor or District June I 0, 2020, BOC Regular Meeting Page 4 ofll  Commissioner be the first full two weeks in December-1st Reading & Public Hearing - Clara VanBlargan, City Clerk/Election Official City Clerk Clara VanB largan read Ordinance 2020-07 by title only, reviewed the item, and responded to questions and comments bythe Board. Vice Mayor Andrews motioned to approve Ordinance 2020-07. Commissioner Hodges seconded the motion. Mayor Hendricks opened to public comment. There were no public comments. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4-0. D. Ordinance 2020-08, Proposed. Charter Amendment - Sec. 3,3 B, District Commissioners - To provide that any District Commissioner who desires to become a Candidate for the office of Mayor shall resign his/her office one week before the Qualifying Period - 1st Reading & Public Hearing - Clara VanBlargan, City Clerk/Election Official City Clerk Clara VanBlargan read Ordinance 2020-08 by title only, reviewed the item, and responded to questions and comments by the Board. Vice Mayor Andrews asked the process for filling a vacancy on the Commission if a Commissioner resigned their seat to run for Mayor. Commissioner Hodges and the City Clerk explained. Vice Mayor Andrews motioned to approve Ordinance 2020-08. Commissioner Hodges seconded the motion. Mayor Hendricks opened to public comment. Steve Kochick, 15301 2 nd Street E., asked ifthe items would be on the November election ballot for the voters to vote on and was told yes. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4-0. June 10, 2020, BOC Regular Meeting Page 5 ofll  E. Ordinance 2020-09, Proposed Charter amendment - Sec. 3.4 B, manner of holding Elections - To provide that the Board - City Clerk/Election Official. City Clerk Clara VanBlargan read Ordinance 2020-09 by title only, reviewed the item and responded to questions and comments by the Board. The Board suggested to table the item. Mayor Hendricks opened to public comment. Robert Preston, 425 S. Bayshore Drive, said the item should not be tabled at the first reading. The Board should consider making the changes and bring it back to the next meeting. Vice Mayor Andrews motioned to table the item. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4-0. F. Ordinance 2020-10, Proposed Charter Amendment - Sec. 3.4 E, Manner of Holding Elections -To provide that any Candidate receiving the highest number ofvotes cast in an election for an office shall be elected to office and that if two or more Candidates receive an equal and highest number of votes for the same office that those persons shall draw lots to determine who shall be elected to office - 1st Reading & Public Hearing - Clara VanBlargan, City Clerk/Election Official City Clerk Clara VanBlargan read Ordinance 2020-10 by title only, reviewed the item, and responded to questions and comments by the Board. Vice Mayor Andrews motioned to approve Ordinance 2020-l 0. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4-0. G. Ordinance 2020-11, Proposed Charter Amendment - Sec. 2,2 B, Qualifications and Term of Office - To change the term of office for District Commissioners from two to four years and change the term of office for Mayor from three to five years - 1st June 10, 2020, BOC Regular Meeting Page 6 of11  Reading & Public Hearing - Clara VanBlargan, City Clerk/Election Official City Clerk Clara VanBlargan read Ordinance 2020-11 by title only, reviewed the item, and responded to questions and comments by the Board. Mayor Hendricks opened to public comment. Tom Edwards, protected address, discussed what he had researched on the term of office throughout Pinellas County. He is in favor of a three-year term for District Commissioners and a four-year term for Mayor. Robert Preston, 423 S Bayshore Drive, commented in favor of a three-year term for District Commissioners and a four-year term for Mayor. Steve Kochick, 15301 2nd Street E., commented in favor of a longer-term. Vice Mayor Andrews motioned to approve Ordinance 2020-11 with a change to a three-year term for District Commissioners and a four-year term for Mayor. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" The motion carried 4-0. H. Ordinance 2020-12, Proposed Charter Amendment- Sec. 3.4 A, Manner of Holding Elections - To change the term of office for District Commissioners from two to four years and change the term of office for Mayor from three to five years - 1st Reading & Public Hearing - Clara VanBlargan, City Clerk/Election Official City Clerk Clara VanBlargan read Ordinance 2020-12 by title only, reviewed the item, and responded to questions and comments by the Board. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Price motioned to approve Ordinance 2020-12 and to change the term of a District Commissioner to three years and the term of the Mayor to four years. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Mayor Hendricks "YES" June 10, 2020, BOC Regular Meeting Page 7 ofll  The motion carried 4-0. I. Ordinance 2020-13, Proposed Charter Amendment - Sec. 4.10, Independent Audit - To delete provisions that are Inconsistent with State Law - 1st Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official City Clerk Clara VanBlargan read Ordinance 2020-13 by title only, reviewed the item, and responded to questions and comments by the Board. Mayor Hendricks opened to public comment. Robert Preston, 425 S. Bayshore Drive, referred to 0-dinance 2020-12 and asked what would happen to the current Commissioners if the ordinance passed. Commissioner Price said everything would stay the same until the next Commissioners are voted in. Vice Mayor Andrews motioned to approve Ordinance 2020-13. Commissioner Price seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Price "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 4-0. J. Ordinance 2020-14, Proposed Charter Amendment - Sec. 22, Board of Commissioners Created: Qualifications; Term of Office; and Vacancies, Subparagraph A, Board Created, to provide that the District Commissioners of Districts can only be voted upon by the Electors of the District in which they are seeking office - 1st reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official. - Clara VanBlargan, City Clerk/Elections Official City Clerk Clara VanBlargan read Ordinance 2020-14 by title only, reviewed the item, and responded to questions and comments by the Board. Mayor Hendricks explained his reasoning for recommending the charter amendment. Mayor Hendricks opened to public comment. Robert Preston, 425 S Bayshore Drive, commented in favor of the proposed ordinance. Steve Kochick, 15301 2nd Street E., commented in favor of the proposed ordinance. Commissioner Price motioned to approve Ordinance 2020-14. Commissioner Hodges seconded the motion. June 10, 2020, BOC Regular Meeting Page 8 ofll  ROLL CALL: Commissioner Price "YES" Commissioner Hodges "YES" Vice Mayor Andrews ''NO" Mayor Hendricks "YES" The motion carried 3-1. 8. Consent Agenda A. Approval of Minutes: 2020-05-12, BOC Special Meeting 2020-05-12, BOC Workshop Meeting 2020-05-27, BOC Workshop Meeting B. Dumpster purchase from Iron Container and WasteEquip - Jamie Ahrens, Public Works Director C. Active IT Advance Security Agreement (6/15/2020 - 12/15/2020) - Walt Pierce, Finance Director /Network People Mayor Hendricks asked it the contract with Advance Security Agreement had a 30-day existing clause. The City Manager confirmed yes. Commissioner Price motioned to approve the Consent Agenda. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Price "YES" Vice Mayor Andrews "YES" Commissioner Hodges "YES" Mayor Hendricks "YES" The motion carried 4-0. 9. UNFINISHED BUSINESS A. RFP for City attorney Professional Legal Services -Clara VanBlargan, City Clerk Vice Mayor Andrews and Commissioner Hodges commented in favor of keeping Tom Trask as the Interim City Attorney and postponing the RFP until later in the year. Commissioner Price and Mayor Hendricks commented in favor of sending out the RFP. June I 0, 2020, BOC Regular Meeting Page 9 of 11 Mayor Hendricks opened to public comment. Steve Kochick, 1530 I 2nd St. E., suggested contracting with another attorney in the Trask firm. Tom Edwards, protected address, commented in favor of putting the item out for an RFP. The Board tabled the item until July. 10. CONTRACTS/AGREEMENTS No contracts or agreements. 11. NEW BUSINESS A. Appointment to Civil Service Commission- Clara VanBlargan, City Clerk City Clerk Clara VanBlargan reviewed the item. She said there was one seat vacant and four residents applied for appointment. • Gene Embler • Robert Preston • Judithanne McLauchlan • Rees Noren Three of the four applicants were present and spoke at the podium, giving their background information and qualifications. Rees Noren rescinded his application for appointment. The Deputy Clerk distributed a ballot to the Board for voting on a person to fill the vacancy. The City Clerk read each Commission member's name and their vote. Robert Preston received the most votes and was appointed to serve as a member to the Civil Service Commission. 12. STAFF REPORTS A. 2020Taxable Value Estimate- Walt Pierce, Finance Director Finance Director Walt Pierce reported on the item. He and the City Manager responded to questions and comments from the Board. 13. REPORTS/CORRESPONDENCE A. Board of Commissioners June I 0, 2020, BOC Regular Meeting Page 10 ofll Commissioner Price reported she met w ith the Saltwater Preservation Society. T he Society is w illing to help clean up the waterways in Madeira Beach. T hey a lso suggested a person w ho could assist the C ity in obtaining a grant to he lp build the new high and dry. Mayor Hendricks commented on people li ttering the beaches. He suggested the item be d iscussed at the workshop. The C ity needed to im plement stiff fines fo r people that are caught leaving the ir trash . B . City Attorney No report. C. City Manager Public Works Director Jam ie A hrens reported on the fo llowing : • RFQ fo r Professional Services • Feasibility study for t he high and dry in the Marina • Inspection for Jo hn's Pass Boardwalk • Additiona l s igns at the beaches • Crysta l Is land road way project • S huttle serv ice for res idents on John's Pass Avenue during the C rystal Is land project. D irector A hre ns responded to questio ns a nd comments by t he Board. The C ity m a nager discussed hiring a seasona l emp loyee to staff t he front desk in the lobby. D. C ity Clerk No report 14. ADJOURNMENT Mayor Hendricks adjourned the meeting at 9: 19 p.m. ATTEST: June I 0, 2020, BOC Regular Meeting Page 11 of 11  6 •• • •... • • ,,,.,r• . - .-~-• ··~ • . • 1· ..... ' . '· \·._. ,·•.