Board of Commissioners Regular Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 5, 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 August 5, 2020 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor Doug Andrews, Vice Mayor/Commissioner District 3 Helen "Happy" Price, Commissioner District 1 Nancy Hodges, Commissioner District 2 John Douthirt, Commissioner District 4 (via telephone) MEMBERS ABSENT: CITY STAFF PRESENT: Robert Daniels, City Manager (via telephone) Clara VanBlargan, City Clerk Patty Kordis, Deputy Clerk Thomas Trask, Interim City Attorney 1. CALL TO ORDER Mayor Hendricks called the meeting to order at 6:00 p.rn. 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 requested that Agenda Item 11.F., review of the original "draft" Fraud Examination Report and Supplementary Information, under New Business, be moved to Unfinished Business as Agenda Item 9.B. The Board consented. 5, PROCLAMATIONS/PRESENTATIONS (LIMITED TO 10 MINUTES EACH) 5.1. PROCLAMATIONS-MAYOR 5,2, PRESENTATIONS There were no proclamations and presentations. August 5, 2020, BOC Regular Meeting Minutes Page 1 of12 6. PUBLIC COMMENT Ray Kerr, S83 Johns Pass Avenue, was not in favor of the 4-way stop sign recently installed at the intersection of 140th Avenue and N. Bayshore Drive. He said the public should have had the opportunity to speak on it before it was approved. Robert Preston, 425 S Bayshore Drive, was in favor of the 4-way stop sign installed at the intersection of 140th Avenue and North Bayshore Drive. He said he would like something done about the old City liens still on the books. Charles Lambert, 565 Crystal Drive, said there should be more studies on the 4-way stop sign at the crossroads of 140th Avenue and North Bayshore Drive. He was not in favor of the stop sign. Marvin Merrell, 581 Crystal Drive, said he was not in favor of the 4-way stop sign. Public Information Officer Curt Preisser read the following public comments submitted by email: • Richard Lewis, 561 Crystal Drive, stressed concern about the 4-way stop sign placed at the intersection of 140th Avenue and North Bayshore Drive. Requiring a stop for the substantially higher volume of traffic on 140th Avenue achieves no meaningful benefit to the very low volume of traffic entering from North Bayshore Drive. • Christina Giovenco, 544 Johns Pass Avenue, stressed concern that the schedule for the curbing and paving work being done on the central and northern portions of Johns Pass Avenue continued to be inaccurate. She wanted to know when the work would be completed. She asked for the City to find a more effective way to slow traffic on 140th Avenue instead ofthe new 4-way stop sign. • Paul Kulken, 352 145th Avenue E, explained his reasons why a City code citation under the category of"Public Nuisance" needed to be created. It would hold all residential home construction contractors and homeowners responsible for the completion of a city- approved permitting of home construction projects within 365 days. • Kandi Maiden, Trash Pirates of Madeira Beach, commented that trash pirates are excited about the Paradise project and the positive impact it would have on the beautiful beach community. They looked forward to coordinating efforts. 7. PUBLIC HEARING A. Ordinance No. 2020-10, Propo1ed Charter Amendment- Subparagraph E of City Charter, Section 3.4, Manner of Holding Elections - To provide that any Candidate receiving the highest number of votes 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 penons shall draw lots to determine who shall be August S, 2020, BOC Regular Meeting Minutes Page 2 of12  elected to office - 4th Reading & Public Hearing - Clara VanBlargan, City Clerk/Election Official Interim City Attorney Thomas Trask read Ordinance No. 2020-10 by title only. City Clerk Clara VanBlargan reviewed the item and responded to questions and comments by the Board. Mayor Hendricks opened to public comment. There were no public comments. Marvin Marrell, S81 Crystal Drive, asked if the change to the ordinance required a referendum. Commissioner Price explained that the ordinance would be placed as a charter amendment on an election ballot for the voters to vote on. Vice Mayor Andrews motioned to approve Ordinance No. 2020-10. Commissioner Price seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Price "YES" Commissioner Hodges "YES" Commissioner Douthirt ''NO" Mayor Hendricks "YES" The motion carried 4-1. B. 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 three years and change the term of office for Mayor from three to four years - 3rd Reading & Public Hearing- Clara VanBlargan, City Clerk/Elections Official Interim City Attorney Thomas Trask read Ordinance No. 2020-11 by title only. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Ordinance No. 2020-11. Commissioner Price seconded the motion. ROLL CALL: Commissioner Hodges "YES" Commissioner Price "YES,. Vice Mayor Andrews "YES" Commissioner Douthirt "YES0 Mayor Hendricks "YES" August S, 2020, BOC Regul~ Meeting Minutes Page 3 of12  The motion carried S-0. C. Ordinance 2020-12, Proposed Charter Amendment - Sec. 3.4 A, Manner of Holding Elections - To change the term of office for District Commissionen from two to three yean and change the term of office for Mayor from three to four yean - 3rd Reading & Public Hearing - Clara VanBlargan, City Clerk/Elections Official The Interim City Attorney read Ordinance 2020-12 by title only. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Ordinance No. 2020-12. Vice Mayor Andrew seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Price "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES" The motion carried S-0. D. Ordinance No. 2020-16, Calling for a General Municipal Election on November 3, 2020 for placing seven (7) Charter Amendments on the Ballot for the Madeira Beach voters to decide on; providing for publication; authorizing Election expenditures; identifying the Pinellu County Canvassing Board as the Canvassing Board for the November 3, 2020 General Election; authorizing for a Run-off Election if necessary - 2nd Reading & Public Bearing- Clara VanBlargan, City Clerk The Interim City Attorney read Ordinance No. 2020-16 by title only. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Price motioned to approve Ordinance No. 2020-16. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Price "YES" Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES0 The motion carried S-0. August 5, 2020, BOC Regular Meeting Minutes Page4 of12  E. Ordinance No. 2020-17, Providing for Ballot Titles, Ballot Questions, and Text for Proposed Referendum Questions to be placed on the November 3, 2020, Election Ballot - 2nd Reading & Public Hearing- Clara VanBlargan, City Clerk/Elections Official The Interim City Attorney read Ordinance No. 2020-17 by title only. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Price motioned to approve Ordinance 2020-17. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Price "YESU Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES,, The motion carried 5-0. F. Ordinance No. 2020-15, Modification to Code of Ordinances, Section 34-44, adding penalties for littering - Second Reading and Public Hearing - Robert Daniels, City Manager The Interim City Attorney read Ordinance No. 2020-15 by title only, Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Andrews motioned to approve Ordinance No. 2020-15. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioner Price "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES" The motion carried 5-0. 8. CONSENT AGENDA A. Approval of Minutes: August 5, 2020, BOC Regular Meeting Minutes Page 5 of12  B. Award of Bid (1TB #20-05) and Contract for HVAC Repair and Preventative Maintenance - Jamie Ahrens, Public Works Director C. Johns Pa11 Boardwalk Structural Inspection - Jamie Ahreru, Public Works Director D. Emergency Planning Vehicle Storage Agreement with Seminole -Jamie Ahrens, Public Works Director E. Amendment to City of Madeira Beach Investment Policy -Andrew Laflin, Financial Consultant F. Ordinance No. 2020-15, Modification to Code of Ordinances, Section 34-44 adding penalties for littering - Second Reading and Public Bearing - Robert Daniels, City Ma11ager Vice Mayor Andrew motioned to approve the Consent Agenda as written. Commissioner Price seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Price "YES0 Commissioner Hodges "YES0 Commissioner Douthirt "YES" Mayor Hendricks "YES0 The motion carried 5-0. 9. UNFINISHED BUSINESS A. Impact Fee Study and related Comprehensive Plan Amendments - Jerry Murphy, Planning Consultant Planning Consultant Jerry Murphy and Community Development Director Linda Portal presented the item. Mr. Murphy explained the executive summary page included in the agenda packet. It was the second report on the City's efforts, in partnership with the University of Florida, to explore the potential benefits of adopting proportionate-share development fees and regulations. The report describes the proposed level-of-service (LOS) standards to capture and quantify the various improved municipal facilities and services. The LOS standards will form the comprehensive planning bases for potential proportionate-share development fees and regulations. The standards must be adopted into the City,s Comprehensive Plan. A draft ordinance included in the packet was for consideration by the Board to amend the Comprehensive Plan. The ordinance provided a genera] cleanup ofthe current language in addition to the few substantive proposals to incorporate the LOS standards and other general matters of policy housekeeping implicated in the five August S, 2020, BOC Regular Meeting Minutes Page 6 of12 e]ements described in the report. Mr. Murphy explained the Levels of Service Standards and the five elements described in the report. He said the Capital Improvement Plan and the 5-Year schedule of capital improvements in the City's current Comprehensive Plan had not been formally updated. The draft ordinance includes proposed updates to the Capital Improvement Element and the schedule. The LOS standards have been designed to comprehensively capture the facilities and services resources that combine to deliver the City's improved municipal services. Mr. Murphy said on the direction from the Board of Commissioners and the City Manager, University of Florida stands ready to move forward on the collaboration with City administration to develop proportionate-share development fees and regulations under the existing agreement for on-going planning services and support. The collection of impact fees will support the City's budget in meeting demands for expanded and improved levels of service. The exact amount collected will depend on the rate and level of development approved and has not yet been calculated. Community Development Director Linda Portal said they would like direction to move forward to send this back to the Planning Commission for a public hearing in September and back to the Board of Commissioners at the end of September at a special meeting or at the regular meeting in October. She explained a 90-day notice requirement she would like to move forward with. Mayor Hendricks opened to public comment. There were no public comments. Mr. Murphy said staff recommendation would be the following: • The modification would be to direct forward the level of service ordinance to the local planning agency in September for review and consideration. • Direct the level of service ordinance for first reading and transmittal hearing contemporaneous to the Board of Commissioners workshop date in September. • Direct the draft mobility plan and fee ordinance to the local planning agency in October for review and recommendation. And to expedite forward through the City's Procedures with all deliberate speed. • Advertise and provide notice of the mobility fee ordinance under Florida State statute section 163. 3180, the Florida Impact Fee Act. Community Development Director Portal said there is a 90-day notice sent to the public anytime a local government intends to change or adopt impact fees. She would like the City to move forward with notifying the public, so the rest of the schedule will fall in place. Commissioner Price motioned to move forward with the direction of pursuing impact fees with the four-step plan that was proposed by the staff consultant. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Price Commissioner Hodges August 5, 2020, BOC Regular Meeting Minutes Page 7 of 12  Vice Mayor Andrews "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES" The motion carried S-0. B. Review of the original "draft" Fraud E:umlnation Report and Supplementary Information This item was moved from 11. F. After discussion by the Board, Mayor Hendricks opened to public comment. Robert Preston, 425 S. Bayshore Drive, was in favor of rehiring Dave Marsicano, former Marina Director. Mike Noble, 158 13 pt Avenue, was in favor of rehiring Dave Marsicano to his previous position as the Marina Director. Rees Noren, 363 Medallion Boulevard, said he is in favor of ratifying the people who were hurt during the Audit. Commissioner Price said she would like to review the draft and add the item to the next Workshop agenda in August. 10. CONTRACTS/AGREEMENTS A, FY 2021 Gulf Beaches Library Agreement (October 1, 2020 through September 30, 2021) - Board ofCommissioners City Manager Robert Daniels explained that the Board of Commissioners met and recommended funding the Gulf Beaches Library at $70,044, which is a 25% reduction of the requested amount. The decision was made after reviewing the proposal that was submitted. It included an expenditure of $95,000 for the Capital Improvement Fund. He explained the negative impact COVID-19 had on the City. It resulted in severe cuts to the proposed budget, which included the lack of a pay increase for City employees. Following discussion, Commissioner Price motioned to table the FY 2021 Gulf Beaches Library Agreement. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Price "YES" Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES" August 5, 2020, BOC Regular Meeting Minutes Page 8ofl2  The motion carried 5-0. 11. NEW BUSINESS A. Special Magistrate Liens at 14001 Marguerite Drive, Madeira Beach, Case Nos. 09.12 and 2015.07 (Stasiuk) - Thomas J. Trask, City Attorney Interim City Attorney Trask explained First American Title contacted him and asked for a payoff on two special magistrate liens at the property. The payoff was extremely high, and one was for $414,000, and another for $366,000. The fees were a direct result ofthe property not being brought into compliance. He told the agent he could not ask for a fine reduction until the property was brought into compliance. The property was in brought into compliance, and the offer of settlement was $5000. After discussion by the Board, Mayor Hendricks opened to public comment. Robert Preston, 425 S. Bayshore Drive, asked what the City can do in cases like this and address some of the other sites in the City. Commissioner Price motioned to accept the $5,000. offer and remove the liens from 14001 Marguerite Drive. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Price "YES" Vice Mayor Andrew "YES" Vice Mayor Andrews "YES'' Commissioner Douthirt "YESU Mayor Hendricks "YES" The motion carried 5-0. B, Resolution 2020-13, Banking Signature Resolution - Robert Daniels, City Manager Interim Attorney Trask read Resolution 2020-13 by title only and reviewed the item and answered questions and comments by the Board. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Price motioned to approve Resolution 2020-13. Commissioner Hodges seconded the motion, ROLL CALL: Commissioner Price "YES" Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Douthirt "NO" Mayor Hendricks "YES" August 5, 2020, BOC Regular Meeting Minutes Page 9 of12  The motion carried 4-1. C. Resolutions Dissolving Advisory Boards - Robert Daniels, City Manager City Manager Robert Daniels reviewed the item and answered questions and comments by the Board. Mayor Hendricks opened to public comment. There were no public comments. City Attorney Trask read Resolution 2020-14 by title only. Commissioner Price motioned to approve Resolution 2020-141 dissolving the bid review committee. Commissioner Hodges seconded the motion. ROLL CALL: Commissioner Price "YES" Commissioner Hodges "YES" Commissioner Douthirt "NO" Vice Mayor Andrews "YES'' Mayor Hendricks "YES" The motion carried 4-1. City Attorney Trask read Resolution 2020-15 by title only. Mayor Hendricks opened to public comment. There were no public comments. Commissioner Hodges motioned to approve Resolution 2020-15. Vice Mayor Andrews seconded the motion. ROLL CALL: Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Price "YES"' Commissioner Douthirt "NO'' Mayor Hendricks "YES" Motion carried 4-1. D. Resolution 2020-16, Extending the City-wide Special Event Permit granted in Resolution 2020-09 - Robert Daniels, City Manager City Manager Robert Daniels reviewed the item and answered questions and comments by the Board. Mayor Hendricks opened to public comment. There were no public comments. City Attorney Trask read Resolution 2020-16 by title only. August 5, 2020, BOC Regular Meeting Minutes Page 10 of12  ROLL CALL: Vice Mayor Andrews "YES" Commissioner H9dges "YES" Commissioner Price "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES" Motion carried 5-0. City Hall Addition- Linda Portal, Community Development Director Community Development Director Linda Portal and Building Official Frank DeSantis reviewed the item and answered questions and comments by the Board. The Board of Commissioners received an updated version of the floor plan for the addition before the meeting. Mayor Hendricks opened to public comment. There were no public comments. Vice Mayor Andrew motioned to go out for an RFP for construction on the City Hall addition. Commissioner Price seconded the motion. ROLL CALL: Vice Mayor Andrew "YES" Commissioner Price "YES" Commissioner Hodges "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES" The motion carried 5-0. E. Review of the original "draft" Fraud Examination Report and Supplementary Information This item was moved to 9. B., under Contracts/Agreements. 12. STAFF REPORTS A. Monthly Financial Report for June 2020 -Andrew Laflin, CPA, Financial Consultant Finance Consultant Laflin reviewed the financial report and answered questions and comments by the Board. 13. REPORTS/CORRESPONDENCE A. City Commission Commissioner Price said she had spoken with two Public Officials from neighboring towns, and they had commented that they thought the new Fire Chief, Clint Belk, was the right choice for the position. August 5, 2020, BOC Regular Meeting Minutes Page 11 ofll Mayor Hendricks said he met with other Mayors and their associations to get more exposure for Madeira Beach and brainstorm about COVID-19 and how to increase revenues for the City. B. City Attorney C. City Manager D. City Clerk City Clerk Clara VanBlargan said the new charter amendments would be on the General Municipal Election ballot on November 3, 2020. She said she would be arranging for an attorney to do a Sunshine Law Training Seminar at the City for the Board of Commissioners, employees, board members, and surrounding municipalities to attend. 14. ADJOURNMENT Mayor Hendricks adjourned the meeting at 8:13 p.m_ . ~~.:a•-, ,~ 7 ,::;uG~- - B. I lendricks, Mayor ATTEST: Clara VanBlargan, MMC, MSM, City Cl August 5, 2020, BOC Regular Meeting Minutes Page 12 ofll