Board of Commissioners Special Meeting - Emergency Resolutions

MINUTES BOARD OF COMMISSIONERS SPECIAL MEETING MARCH 31, 2020 6:30 P.M. A special meeting of the City of Madeira Beach Board of Commissioners was held 6:30 p.m., on March 3 1, 2020, in the Patricia Shontz Commission Chambers at C ity Hall, located at 300 Mun icipa l Drive, Madeira Beach, Florida. MEMBERS PRESENT: John B. Hendricks, Mayor Helen Price, Commissioner District I Nancy Hodges, Comm issioner District 2 Doug Andrews, Comm issioner District 3 John Douth irt, Commissioner District 4 (v ia telephone) MEMBERS ABSENT: CITY STAFF PRESENT: Robert Daniels, City Manager Clara VanBlargan, City C lerk Ra lf Brookes, C ity Attorney (via te lephone) 1. CALL TO ORDER Mayor Hendricks called the meeting to order. 2. ROLLCALL City C lerk Clara YanBlargan called the roll. 3. PUBLIC COMMENT Mayor Hendricks opened to public com ments and asked ifthere were anyone on the telephone line for public comment. City Manager Robert Daniels said no, and that they had offered to everyone fo r two days to emai l pub lic comments for the meeting and no one took advantage of the option. 4. AGENDA ITEM TOPICS A. Resolution 2020-04, An Emergency Resolu tion Declaring a State of Local Emergency Resulting from the outbreak of the Coronavirus Disease 2019 (COVID-19) - Robert Daniels. City Manager C ity Clerk C lara YanBlargan read Resolution 2020-04 by title only: March 3 1, 2020, BOC Special Meeting Minutes - Page I of 5 Emergency Resolutions  CITY OF MADEIRA BEACH, FLORIDA RESOLUTION 2020 - 04 COVID-19 AN EMERGENCY RESOLUTION OF THE CITY OF MADEIRA BEACH DECLARING A STATE OF LOCAL EMERGENCY RESULTING FROM OUTBREAK OF THE CORONA VIRUS DISEASE 2019 (COVID-19); AND PROVIDING AN EFFECTIVE DA TE. City Manager Robert Daniels explained that the City Attorney prepared the resolution after the Governor declared the State of Emergency. Since then, they have received a declaration from the Pinellas County Board of County Commissioners. The resolution prepared mirrors that of the Governor and the county. Commissioner Price commented that she was not sure if the Board of Commissioners would want to delegate powers solely to the City Manager. She does not want to delegate the power to call or cancel a meeting solely to the City Manager, for she would like to be involved in that process. There is a spending limitation on purchases in the City Charter and the procurement code, but not in the resolution. Some sections in the resolution are unclear. It references Florida Statutes, Section 252.38, and passing the resolution obligated them to create an emergency management program. The City Manager explained that the Florida Statutes referenced in the resolution gave local authorities to do what is necessary to maintain the health, safety, and welfare of the community. Emergency powers usually are dedicated to a county administrator or a municipal city manager. Ralf Brookes, via telephone, said the resolution listed things that the Board can choose to do and change. Every City is doing something a little different, like waiving the spending limit of the City Manager. The Board does not have to delegate anything to the City Manager. Sections A and B in the resolution are essential to declare the state of emergency and to direct staff to apply for funding as it becomes available. The Sections C through Gare all discretionary. The City has an emergency operation plan in place as required, and it is on file with Pinellas County for hurricane purposes. It is the first pandemic emergency the state every faced. Many of the city and county plans do not have provisions in them to address the nature of an epidemic specifically, and to last longer than a hurricane. The Board can decide on how the resolution should read. The Mayor said the City Charter put a $15,000 purchasing limitation on the City Manager without coming to the Board for approval. Although the City Charter does not allow the City Manager to call a special meeting, he is in favor of allowing the City Manager to call a special meeting through the emergency resolution and to waive the 24-hour public meeting notice requirement. The City Manager explained that the City Charter prohibited the City Manager to call a special meeting, and the Board of Commissioners handbook does not, which is not in line with the City Charter. During some type of emergency, that would be catastrophic. If there is an emergency, he would like to be able to call a special meeting for the Board to approve a purchase above the purchasing spending limit. Commissioner Price suggested changing the language in the resolution to allow for that. March 31, 2020, BOC Special Meeting Minutes - Page 2 of5 Emergency Resolutions Commissioner Andrews said he was in favor of having an emergency document in place by the end of the meeting. He was not in favor of waiving the purchasing limit provided in the City Charter. If the need arose during an emergency, it would be possible for them to meet to approve a purchase. Commissioner Douthirt said they should limit the powers of the City Manager to only things having to do with COVID-19 pandemic and nothing else. The City Manager said he had made the decision to close City Hall to the public due to the pandemic, and employees are still working. Not knowing what is going to happen with the pandemic, it might be necessary for him to send everybody home except for himself. Following discussion, the Board made the following changes to Section 3 of the resolution (language copied from the resolution): Section 3. The City of Madeira Beach, due to COVID-19 and pursuant to the Governor's Executive Orders and State and County Emergency Declarations, approves the foJlowing emergency measures necessary for the protection of the public safety until further notice, and hereby a. Declares a local municipal State of Emergency within the City of Madeira Beach; and b. Directs the City Manager and staff to apply for additional funding, services and supplies from the County, State and Federal government as may be required to respond to COVID - I 9 issues in the City of Madeira Beach, Florida; and c. In addition to +!he Board of Commissioners ae)egates, the City Manager has the power to call, cancel or continue meetings~ including advisory boards, and use of any electronic means of holding meetings to the City Manager related to COVID-19; and d. Waives the procedures and formalities otherwise required to allow attendance by telephone or electronic means, including use of internet, computer access software and phone applications, and may obtain a quorum electronicaJly when required, in order to take action related to COVID-19; and e. Waives the 24-hour notice of meeting requirements and al lows the addition of agenda items to special, regular or emergency meetings related to COVID-19; and f. Delegates to the City Manager the power to make adjustments to city businesses and services, and to close or open facilities within the City of Madeira Beach to the City Manager as may be needed to protect the public during COVID-19; and g. Delegates to the City Manager up to $15,000 in spending authority and the power; to Qft8- waives all procedures and formalities otherwise required by law, to take the following actions that may be needed to respond to COVID-19 emergency: a:- 1. Request funding, services and supplies and enter into agreements with other government agencies related to COVID-19; March 31, 2020, BOC Special Meeting Minutes - Page 3 of 5 Emergency Resolutions  lr. 2. Enter into contracts related to COVID-19; Er. 3. Incur obligations related to COVID-19; Eb 4. Employ permanent or temporary workers related to COVID-19; ~ 5. Utilize volunteers related to COVID-19; .f 6. Rent or purchase equipment related to COVID-19; g-: 7. Acquire, use, and distribute, with or without compensation, supplies, materials, and facilities related to COVID-19; Ir. 8. Appropriate and expend public funds related to COVID-19; -i-:- 9. Perform public work and take any other action that is necessary to ensure the health, safety, and welfare of the community related to COVID-19; Vice Mayor Andrews motioned to approve Resolution 2020-04 with the discussed changes. Commissioner Hodges seconded the motion. ROLL CALL: Vice Mayor Andrews "YES" Commissioner Hodges "YES" Commissioners Price "YES" Commissioner Douthirt "YES" Mayor Hendricks "YES" The motion carried 5-0. B. Resolution 2020-05, Amnesty Program, Relief to Local Businesses - Mayor John B. Hendricks City Clerk Clara VanBlargan read Resolution 2020-05 by title only: RESOLUTION 2020-05 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MADEIRA BEACH, FLORIDA, INITIATING AN AMNESTY PROGRAM TO ASSIST THREE BUSINESSES THAT RENT FROM THE CITY OR SUPPLY FUNDS TO THE CITY. THIS RESOLUTION WILL AUTHORIZE THE CITY MANAGER TO WORK WITH THE BUSINESSES ALLOWING ASSISTANCE UP TO AND INCLUDING ONE MONTHS RENT. Mayor Hendricks said he asked for the resolution to be placed on the agenda because of the COVID-19. There are a lot of rental properties in Madeira Beach for the residents. A lot of them are in the service industry and out of work. He would like for the City to be a leader in giving renters some relief, and he would hope other landlords do the same for their tenants. It will hurt, but everyone is hurting, and they are all in it together. Vice Mayor Andrews said it was a tremendous idea. The businesses are shut down. He suggested doing it for two months from March 15 th to May 15 th and said, hopefully, by Memorial Day, the March 31, 2020, BOC Special Meeting Minutes - Page 4 of5 Emergency Resolutions beaches wil l be back open. The City is a lso the land lord to boat slip renters at the Marina. They are faced with the same situation, and by helping them during the cri ses, they will have a better chance of survi val. Commissioner Douthirt sa id some states have a stay-at-home order until Jun e I 0th· and he does not know what would happen if that got extended. Vice Mayor Andrews sa id two months would help them recover, and they should know by the May meeting if that needs extending. Commissioner Douthirt said he was not in favor of doing a blanket across the board. The Mayor said a lot o f boats at the Marina are pleasure boats used to go fi shing. There are live- aboards at the Marina. Commissioner Price said they could limit it to live-aboards. The Mayor suggested offering assistance on an individual basis to those that cannot afford it. Vice Mayor Andrews suggested putting a form at the Marina for them to fill out and said there are not that many live-aboards. Fol lowing discussion, the Board agreed to approve the resolution as is and for the City Manager to bring a separate reso lution to the Board giving reli ef to the li ve-aboard peop le. Commi ssioner Price motioned to approve Resolution 2020-05 as written, initiating an amnesty program to ass ist the businesses in Madeira Beach. Commissioner Hodges seconded the motion. ROLL CA LL: Commissioner Price "YES" Commissioner Hodges "YES" Vice Mayor Andrews "YES" Commissioner Douthitt ''YES'" Mayor Hendricks "YES" The motion carried 5-0. The Board scheduled a planning workshop meeting to be held at noon on April I 5111 so they can add ress some things still pending. 5. ADJOURNMENT City Manager Robert Daniels adjourned the meeting at 7:21 p.m. / ~~~T~ ,a{c G , - ~ Jo1111 B. Hen<lriS:Mayo ATTEST: largan, MMC, MSM , C ity C erk March 3 1, 2020, BOC Spec ial Meeting Minutes - Page5of5 Emergency Resolutions , .: ·_1 ,._·.•,: \,, :·· .. ; •· :. . ___ • : •• • • • I ~ • .. 1• . . . . . . '• •,• •:,I .. _,: "/" ,._.. 1_,, ! . ·•::.