Board of Commissioners Special Meeting

MINUTES BOARD OF COMMJSSJONERS SPECIAL MEETING MARCH 24, 2020 1:15 p.m. A special meetin g of the City o r Madeira Beach Board of Commi ssioners was held at I: 15 p.m. on March 24. 2020, in the Patricia Shontz Commission Chambers at City Hall. located at 300 Mun icipal Dri ve. Madeira Beach, Florida. MEMBERS PRESENT: Maggie Black. Mayor (v ia teleconference) Nancy Hodges, Vice Mayor/Comm issioner District 2 Doug Andrews, Comm issioner District 3 Deby Weinstein. Commiss ioner District I (v ia teleconference) John Douthitt, Commissioner District 4 (v ia teleconference) MEMBERS ABSENT: CITY STAFF PRESENT: Robert Daniels, City Manager Clara VanBlargan, City C lerk Ralph Brookes, City Attorney (via te leconference) 1. CALL TO ORDER Vice Mayor I lodges called the meeting to order at I: 18 p.111. 2. ROLL CALL City Clerk Clara VanB largan call ed the ro ll. 3. P UBLIC COMMENT Vice Mayor Hodges opened to public comment. There were two public comments submitted e lectronically and were read into the record by Public In formation Officer Curt Preisser. • Danie l Caseras Esquire. 549 Johns Pass Avenue, was in favor or extending the no-wake- zone in the intracoastal waterway from the Bay Pines area into Johns Pass. • Kev in Macy. 24 7 G Rex Place. opposed closing the beaches due to the corona virus. 4. ITEMS FOR DISCUSSION A. Ordinance No.2020-01 , Petitioner sponsored ordinance - Amendment to the Code of Ordinances, Division 3. - R-2, Low density multifamily residential, Sec. 110-206. - Setback requ irements, to amend the side setback requirement for lots of unde r 50 feet in width from 12 total with a minimum of 5 on either side to 10 feet total with a March 24. 2020. BOC Spec ial Meeting Minutes Page 1 or?  m1mmum of 5 on either side - 2nd Reading & Public Hearing - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance No. 2020-01 by title only. ORDINANCE NO. 2020-01 AN ORDINANCE TO 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 AND IMMEDIATE EFFECTIVE DATE. Community Director Linda Portal reviewed the item and said staff recommended approval. Mayor Black opened to public comment. There were no comments received in person or electronically. Commissioner Weinstein motioned to approve the second reading and public hearing of Ordinance No. 2020-0 I, Petitioner sponsored ordinance - Amendment to the Code of Ordinances, Division - R-2. Commissioner Andrews seconded the motion. ROLL CALL: Commissioner Weinstein "YES" Commissioner Andrews "YES" Commissioner Douthirt "YES" Vice Mayor Hodges "YES" Mayor Black "YES" The motion carried 5-0. B. Ordinance No. 2020-02, 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 - 2nd Reading & Public Hearing - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance No. 2020-02 by title only. ORDINANCE NO. 2020-02 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, FLORIDA, AMENDING CITY OF MADEIRA BEACH 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 March 24, 2020, BOC Special Meeting Minutes Page 2 of7 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 FRONT AGE USES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Community Development Director Linda Portal reviewed the item and answered questions and comments by the Board. Mayor Black opened to public comment. There were no comments received m person or electronically. Commissioner Andrews motioned to approve the second reading and public hearing of Ordinance No. 2020-02, Amendment to Code of Ordinances, Chapter I02-Signs. Vice Mayor Hodges seconded the motion. ROLL CALL: Commissioner Andrews "YES" Vice Mayor Hodges "YES" Commissioner Douthirt "YES" Commissioner Weinstein "YES" Mayor Black "YES" The motion carried 5-0. C. Ordinance No. 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 - 2nd Reading & Public Hearing - Linda Portal, Community Development Director City Clerk Clara VanBlargan read Ordinance No. 2020-03 by title only. ORDINANCE NO. 2020-03 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. Community Development Director Linda Portal reviewed the item. The amendment intent would keep the appeal of the Special Magistrate's decisions in a quasi-judicial context. The amendment would provide consistency across administration and political changes with better legal protection for the City's administration. March 24, 2020, BOC Special Meeting Minutes Page 3 of7 Mayor Black opened to public comment. There were no comments received in person or electronically. Vice Mayor Hodges motioned to approve the second reading and public hearing of Ordinance No. 2020-03, Amendment to Code of Ordinances, Article VII. - Code Enforcement, Division. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Hodges "YES" Commissioner Andrews "YES" Commissioner Douthirt "YES" Commissioner Weinstein "YES" Mayor Black "YES" The motion carried 5-0. D. Ordinance No. 2020-04, Amendment to Fees Ordinance - 2nd Reading & Public Hearing - Walt Pierce, Finance DirectlJr City Clerk Clara VanBlargan read Ordinance No. 2020-04 by title only. ORDINANCE 2020-04 AN ORDINANCE OF THE CITY OF MADEIRA BEACH, PINELLAS COUNTY, FLORIDA, AMENDING ORDINANCE 2019-06, THE FEES AND COLLECTIONS PROCEDURES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Finance Director Walt Pierce said the Board of Commissioners approved the amendment at the first reading of Ordinance No. 2020-04 at the March 10, 2020 Board of Commissioners meeting. Department Directors who had changes explained their changes at the February 25, 2020, BOC Workshop meeting. Mayor Black opened to public comment. There were no comments received m person or electronically. Vice Mayor Hodges motioned to approve the second reading and public hearing of Ordinance No. 2020-04, Amendment to Fees Ordinance. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Hodges "YES" Commissioner Andrews "YES" Commissioner Douthirt "YES" March 24, 2020, BOC Special Meeting Minutes Page 4 of7  Commissioner Weinstein "YES" Mayor Black "YES" The motion carried 5-0. E. Approval of RFP and Contract for the Structure for the Generator - Frank DeSantis, Building Official Building Official Frank DeSantis said the City received a direct purchase for the generator at the cost of $95,440. The lowest bid for the generator structure was $186,700. The Board previously approved the entire project for $340,000, and the project came in under budget by approximately $58,000. There was an approved FEMA grant that will pay about seventy-five percent of the project. Mayor Black questioned why the project's lowest bid was so much lower than the other contractor's bid. The City Manager said the contractor felt strongly about supporting the City of Madeira Beach. Commissioner Weinstein expressed concern about the generator project and its location. Before a motion, there should be more discussion by the Board. The City Manager said the generator's location will be on the west end of the City Hall building. The structure design will match the fayade of the original building, and it needs to be in the vicinity of the electrical room on the main second floor. The size of the structure will be 15 ft. wide by 28 ft. long, 20 ft. tall, and 9 ft. above grade by the design plans. Mayor Black opened to public comment: William Karns, 11055 9th Street E., Treasure Island, said he directed his staff at William Karns Enterprises to bid the job out at cost, plus a $10,000 profit. He wanted to save the City money. They have a proven track record in the City. In the last 20 years they have built numerous projects. Vice Mayor Hodges asked how long the designated grant would be available if the Board did not approve the project at the meeting. The Building Official said he could find out and let them know. Vice Mayor Hodges motioned to approve the RFP and contract for the generator structure by William Karns Enterprises. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Hodges "YES" Commissioner Andrews "YES" Commissioner Douthirt "YES" Commissioner Weinstein "NO" Mayor Black "YES" March 24, 2020, BOC Special Meeting Minutes Page 5 of7  The motion carried 4-1. F. Audit Presentation - John Houser, City's Auditor John Houser, Wells, Houser & Schatzel, P.A., reported on the FY 2019 Audit and CAFR and provided his recommendations as stated in the report. He answered questions and comments by the Board. Commissioner Weinstein motioned to accept the presentation presented by Mr. Houser of Wells, Houser & Schatzel, P.A., for the fiscal year ending September 30, 2019. Vice Mayor Hodges seconded the motion. ROLL CALL: Commissioner Weinstein "YES" Vice Mayor Hodges "YES" Commissioner Andrews "YES" Commissioner Douthirt "YES" Mayor Black "YES" The motion carried 5-0. The City Manager reported a declared state of emergency, Executive Order 20-52, by Governor Desantis due to COVID-19. City Attorney Ralph Brookes said he had prepared a resolution that coincides with the governor's resolution declaring a local state of emergency due to COVID-19. He asked to bring the resolution to the next meeting for approval. Vice Mayor Hodges motioned to have a special meeting on March 31, 2020, to approve the state of emergency resolution. Commissioner Andrews seconded the motion. ROLL CALL: Vice Mayor Hodges "YES" Commissioner Andrews "YES" Commissioner Douthirt "'YES" Commissioner Weinstein "YES" Mayor Black "'YES" The motion carried 5-0. S. ADJOURNMENT Mayor Black adjourned the meeting at 2:24 p.m. March 24, 2020, BOC Special Meeting Minutes Page 6 of7 ATTEST: Clara VanBlargan, MMC. MSM, City erk ."""':.. March 24, 2020. BOC Special Meeting Mi nutes Page 7 o f 7