Board of Commissioners Workshop Meeting

MINUTES BOARD OF COMMISSIONERS WORKSHOP MEETING JANUARY 29, 2019 A workshop meeting of the City of Madeira Beach Board of Commissioners was held at 2:00 p.m. on January 29, 20 19 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: Maggi Black, Mayor Deby Weinstein, Vice-Mayor/Commissioner District 1 Nancy Hodges, Commissioner District 2 Nancy Oakley, Commissioner District 3 Jolm Douthirt, Commissioner District 4 MEMBERS ABSENT: CITY STAFF PRESENT: Jonathan Evans, City Manager Clara VanB largan, City Clerk Ralf Brookes, City Attorney 1. CALL TO ORDER Mayor Black called the meeting to order at 2:00 p.m. 2. ROLL CALL City Clerk Clara VanBlargan called the roll. City Manager Jonathan Evans requested that Item F, Joint Use Agreement fo r Fisherman's Alley be moved up on the agenda fo llowing King of the Beach item as Julie Mandell, the Land Use Attorney has another engagement in Tampa. 3. PUBLIC COMMENT Missy Halm, Treasure Island and Madeira Beach Chambers, reminded everyone about the following events: • Annual di1mer on Thursday at Bilmar Beach reso1t • Municipal Election Debate, February 7, 20 19 at 6:30 p.m. • Valentine' s Day grant writing at 10:00 a.m., February 14, 2019 in the Commission Chambers January 29, 20 19, BOC Workshop Meeting Minutes Page 1 of8 4. TOPICS FOR DISCUSSION A. King of the Beach - Jay Hatch, Recreation Director Recreation Director Jay Hatch said he received the application and all the supporting documentation had been provided. All aspects of the contract between the City and Old Salt had been sufficiently met to staff satisfaction. Commissioner Oakley asked who paid for the Police. Director Hatch said Old Salt did and the security that was required for the alcohol sales. Commissioner Oakley asked about the dates on the PEL and if it included the spring and fall. Director Hatch confirmed it did, and said it was the same as received before with the last event. Vice-Mayor Weinstein said she understood the pro-forma was for the November event and revenue was coming in throughout the year. It was not fair that the charitable contributions get passed to charity, which is a small amount considering how much the event makes and the City waives the City fees for the event. Mayor Black said she was surprised to see the charitable money was only $10,000 and asked how much was spent on the rods and reels that were given out. Director Hatch he would forward that information. F. Joint Use Agreement for Fisherman's Alley - Linda Portal, Community Development Director Julie Mandell, Land Use Attorney with Bay Robinson, presented the air space encroachment and joint use agreement for the roadway with the existing Fisherman's Alley. She said the developer would like to build a parking garage that will be over the existing Fisherman's Alley and to expand Fisherman's Alley to bring it up to a 15-foot width. This will allow construction to occur over the Alley. Since the City owns the deeded right-of-away, she recommended the developer be granted a transportation easement over that portion. There is some fee sharing revenue that relates to the parking garage. Commissioner Hodges said by approving the project it gave the City the additional parking spaces that was discussed. Attorney Mandell said without the agreement there is no way to construct the parking garage over Fisherman's Alley. Commissioner Douthirt asked how far along was the project. Community Development Director Linda Portal explained they had not processed any of the building or site plan applications because some of the property is owned by the City. The City could agree to become part of this zoning change. There have been two neighborhood meetings and there have been concept plans. The project is in the plan development stage. They do not have anything on the books right now requiring charging stations for electrical cars, but the project can be brought back to the Board for January 29, 2019, BOC Workshop Meeting Minutes Page 2 of8 further discussion. This can be part of the conditions if the City moves forward with the parking garage. They could request charging stations with a Planned Development. City Manager Jonathan Evans said staff would like to bring back to the Board the flat rate and what that number looks like. They will also explore a tier rate as well see what the better deal is. The developer would be the entity responsible for maintenance and liability of the parking garage. The surface level parking that they have now is unimproved area, so there will be a lot more cost on the developer side. There will be a lot of components and elements that need to be discussed. The easiest way will be a flat rate. The other argument will be the cost involved to maintain parking spaces that are open for public use and the liability associated with it. There are a lot of things in the agreement that will have to be negotiated. It was looked at by the labor attorney, staff, and now staff needs direction from the Board on how it would like for them to proceed. Vice-Mayor Weinstein said she was not in favor of the joint use agreement. The biggest concern that residents have is the traffic and the need for more parking. The City Manager said they still had time to make tweaks and modifications to the planned development agreement and the joint use agreement. Commissioner Douthirt asked Attorney Mandell if she thought it was a good move or a bad move for the City. She said it was not out of the ordinary for a government agency to do it and it is legally appropriate to do it that way. The only rights the City has is the airspace rights and roadway part need to go to a referendum. Mayor Black opened to public comment. Kathy Beeman, 225 Boca Ciega Drive, stressed concerns with project. Mayor Black said the Board had a Consensus to get more information and go forward from there. B. Ordinance 2019-03, Meetings of the Civil Service Commission - Ralf Brookes, City Attorney City Attorney Ralf Brookes explained that the item was originally set up as a resolution and the intent was to limit the number of Civil Service Commission meetings. Per the City Charter, quarterly meetings are required. The Civil Service Board met very frequently last year as they had a lot of work to do. It would seem most of the work is completed or near completed. They do not have to hear a grievance hearing. They work in a non-binding advisory role to the City Manager who retains the sole power to hire and fire employees and not the Civil Service Commission. To change that, the Charter would have to be amended. Commissioner Oakley said the Civil Service Commission members are volunteers and do not have a human resources background. Vice-Mayor Weinstein agreed and mentioned the hard work the Civil Service Commission had done in the last year and said it was much different than when she was on that Board in the 90's. January 29, 2019, BOC Workshop Meeting Minutes Page 3 of8 It was talked about bringing in a professional to assist with the re-writing of the Civil Service Commission handbook. The City Manager said the labor law is so comprehensive and revolving on the state and local level that is was hard for staff to be constantly involved in the personnel side of the operation. Vice-Mayor Weinstein said items were done by resolution which is not the correct way and the Civil Service Commission should be done by Ordinance. Vice-Mayor Weinstein said the members of the Civil Service Commission should meet quarterly. In 2018, the Civil Service Commission met 20 times. The chairperson and the City Manager should agree on a time to meet and what the agenda should be. It would make things run smoothly. Commissioner Hodges said the Civil Service Commission is set up to take care of the employees if there are any grievances or they have a problem this would be somewhere for them to go. The City Attorney said he attended some of the Civil Service Commission meetings but there is another attorney that usually attends. Perhaps the City Manager or the HR Director should attend the Civil Service Commission meetings. Commissioner Hodges asked if the labor attorney attended the meetings and the City Attorney said occasionally. The City Manager said the compensation and classification study and revised personnel manual should be completed in the next 30 days or so. He would like to see the Civil Service Commission have input. He would like the ability to convene the Board in the event there is something pressing in nature for the Board to consider. Vice-Mayor Weinstein said it was important for the employees to have the benefit of a grievance hearing. The City Attorney said typically, employees who file for a grievance are not provided an attorney. They have a right to an attorney, but the City does not provide the attorney. The City Attorney will represent the City or the Civil Service Commission. The City Manager said there are multiple ways to hold a grievance hearing. They need legal guidance to make sure they are following the code and the Charter. Mayor Black said there should be a HR person and attorney at the meetings, and they need to decide how often to meet. Commissioner Douthirt said it should be added to the ordinance that they meet quarterly. Mayor Black opened to public comment. Grace Critelli, 13025 Pelican Lane, Civil Service Commission member, explained all the tasks that the Civil Service Commission spent many hours on in reviewing the codes and Charter. She said the Labor Attorney was present at one of their meetings so he can provide legal direction. The City Manager said there needed to be modifications to the ordinance and a representative from HR that will be present at the meetings and if legal council is needed that will be available. The board will meet quarterly unless there is a grievance hearing. January 29, 2019, BOC Workshop Meeting Minutes Page 4 of8 Mayor Black said there was a consensus to do so. C. Status of John's Pass Kiosk - Jonathan Evans, City Manager The City Manager updated the Board. The kiosk needs to be in compliance with the American Disability Act especially when occupied. A survey was performed and there are three options. Option A requires renovations of the existing structure to ensure it is ADA compliant. It will be a staffed facility and the projected cost is $20,000. If one of the Chambers occupy the kiosk, the project profit can be in the range of$2,400 to $3,600 annually. Option Bis to demolish the existing structure. With improvements to landscape and streets the cost is $95,000 and project annual revenue is $0. Option C requires renovating the existing structure to create a shaded seating area that is ADA compliant. This will be an unstaffed facility and the cost is $60,000. Al Carrier, Deuel and Associates, said he made a site visit and spent a lot of time in the kiosk and talked with the architect. The kiosk is ADA compliant. There are a couple of things seen that was not ADA compliant, which are the racks with magazines and literature that blocks the door when opened which narrows down the entry way. The other concern is that there is a desk in the Kiosk that is not ADA compliant. The building itself overall seems to be in very good condition. The range in prices would be up to $20,000. Commissioner Douthirt said the building must be ADA compliant for staff to work there and people coming in. Vice-Mayor Weinstein asked if the ATM machine was ADA compliant. Mr. Carrier said he did not look at the A TM machine but there needs to be certain room around the machine for people who are in a wheelchair and adequate ear phones for people who are hard of hearing. Option B would be the hardest option and it does come with the highest price tag. If the building was demolished there would be interference with the pavement. When the columns come out there will be substantial damage around the kiosk and it is not certain if there are any gas lines or cable that would be disturbed. Commissioner Hodges said she liked the idea of people coming up to the window. It eliminated people coming inside the building and it would be a more friendly approach. Guy Critelli, 13025 Pelican Lane, explained the renovations of the kiosk and said it was well built in 1987. Mr. Carrier explained they could not exceed the 50% rule to be incompliance with FEMA. Commissioner Oakley said the kiosk has been talked about many times and the City is receiving 12 dollars a year. A lot of people have phones to google information rather than go into a kiosk. Mayor Black said it would always be a political discussion on who runs the kiosk. January 29, 2019, BOC Workshop Meeting Minutes Page 5 of8 Commissioner Hodges said it was very important to keep the kiosk because it brings in tourist. The Chambers should maintain the kiosk. The City Manager said regarding the $20,000 and other fees that are included in the memorandum, its staff opinion that fees would be a turnkey solution that will address any landscaping, hardscaping and paintings etc. The estimated fees are in place to not over spend. The projected annual income is from the request for proposals from the two Chambers. Mayor Black asked why the kiosk had to be ADA compliant if there are going to have a roof there. The City Manager said it could be because of the seating area. Folks need to be able to maneuver in the covered seating area and it needs to have the appropriate clearances and appropriate elevations. Vice-Mayor Weinstein spoke in favor of choosing Option C, renovating the existing structure to create a shaded seating area at $60,000. Mayor Black opened to public comment. Guy Critelli, 13025 Pelican Lane, stressed concerns with the kiosk and said the Commission needed to listen to the residents and talk to the businesses around the kiosk. Commissioner Douthirt said cost needed to be looked at. The City Manager said the costs can be negotiated. Mayor Black said there was a consensus for Option C. The City Manager said that would be renovating the existing structure to create a shaded seating area. Staff needs direction to move forward with the competitive solicitation and bring back the proposal and inform the entities of the Board's decision. After the Board approves the option, they can initiate the notification. He will check to see if a 30-day notice is required since there is no lease. D. Special Events Application and Permitting Process - Jay Hatch, Recreation Director Director Hatch presented the special events ordinance and the fee schedule. He said there is only one significant change compared to the last time the item was reviewed. Based on the discussion, he added an alcohol events management fee. It was a proposed idea after discussions with the Board as far as the City serving alcohol at events that is on City property. He had discussions with the insurance company, and they said this would be a high risk for the City. The management fee would be $250, and it would be sourced out to a 50l(c)(3) organization to pull the special event permit, secure the insurance, and sell the alcohol at the event. Any fee waiving will have to come before the Board of Commissioners for approval. Commissioner Douthirt said he would like to see in the ordinance that staff cannot waive the fee. Mayor Black said she read that fee waiving must have approval from the Board of Commissioners. The City Manager said language must be included in the permit application that the City must use Pinellas County Sheriff for Law Enforcement when there is alcohol present at the events. January 29, 2019, BOC Workshop Meeting Minutes Page 6 of8 The Board gave a consensus to give authority to the City Manager to waive fees and not to go over $500. E. Block Party - Jay Hatch, Recreation Director Director Hatch reviewed the item. Vice-Mayor Weinstein asked the market day in March. Director Hatch said March 10 and that it coincided with the garage sale. Vice-Mayor Weinstein asked if there was any reason the block party cannot be held in ROC Park. Commissioner Oakley said there were traffic issues caused by the event last year. Commissioner Hodges said the event is intended to bring business in. Mr. Veneziano had mentioned that the event is free, and more people needed to be drawn in. They could move the stage if it did not impede on the fire lane. Director Hatch said the stage will be moved as the sound travel issue did come up in discussions. Mr. Veneziano said the City is starting to become musical. Commissioner Douthirt said when he was collecting signatures, he got a lot of comments that things coming in are geared towards the younger generation and they wondered why more is not being done towards the senior group. Mr. Veneziano said there is a big shift in change. The baby boomers are staring to retire and there are a lot of young families moving to Madeira Beach. The City Manager said he spoke with Code enforcement about the music and they would like it to stop at 9:00 p.m. More discussions are needed on the citations. The event organizers are willing to work with staff and the deputies to ensure that the impact is as minimal as possible. The City will be informing the public as to what is going on to minimize the phone calls. Vice-Mayor Weinstein said the market on March 10 will be a week after the block party. The traffic on Madeira Way has been discussed. She is not in favor for the block party to occur in March or April if there is a market. Commissioner Oakley said they needed to have the event in ROC Park. Director Hatch said he , will be wrapping up an event in ROC Park that day, the last game will be wrapping up the same time as the block party will be starting, and it will prohibit any one setting up. - Mayor Black opened to public comment. Doug Izzo, Tampa Bay Chambers, said in support of the event, the beaches are a tourist destination and is always busy. Paul Smith, co-owner of Mad Beach Dive bar, commented in support of the block party. Mayor Black said with no further discussion from the Board, there was a consensus to move forward January 29, 2019, BOC Workshop Meeting Minutes Page 7 of8  F. Required Annual CRS Update/Recertification - Linda Portal, Community Development Director Linda Pmtal reviewed the item. Commissioner Douthitt said he had several calls regarding the roads on Crystal Island. He would like to set up a date for staff to meet with the residents of Crystal Island to look at the roads. Vice-Mayor Weinstein said she currently sits on the Tampa Bay Regional Planning Committee and was recently asked to serve on the Bay Management Committee. The Board gave permission for Vice-Mayor Weinstein to accept the offer. City Clerk Clara VanBlargan reminded everyone of upcoming meetings. 5. ADJOURNMENT Mayor Black adjourned the meeting at 5:08 p.m. ATTEST: Clara VanBlargan, MMC, MSM, City January 29, 2019, BOC Workshop Meeting Minutes Page 8 of 8