Board of Commissioners Workshop Meeting

MINUTES BOARD OF COMMISSIONERS REGULAR WORKSHOP MEETING JANUARY 26, 2022 6:00 p.m. The C ity of Madeira Beach Board of Commissioners held a reg ular workshop meeting a t 6:00 p.m. on January 26, 2022, in the Patricia Shontz Commi ss ion Chambers at C ity Ha ll , located at 300 Municipal Dri ve, Madeira Beach, Florida. MEMBERS PRESENT: John B. He ndricks, Mayo r Helen " Happy" Price, Vice Mayor/Commi ssioner District I Na ncy Hodges, Commissioner District 2 Doug Andrews, Co mmissioner District 3 Dave Hutson, Commissioner District 4 MEMBERS ABSENT: CITY STAFF PRESENT: Robin Gomez, C ity Manager Clara VanBlargan, City C lerk Lara Hooley, Executive Assistant to City C lerk Tom Trask, C ity Attorney l. CALL TO ORDER Mayor Hendricks called the meeting to order at 6:00 p.m. 2. ROLL CALL City C lerk Clara VanB largan called the roll. 3. PUBLIC C OMMENT Mayor Hendric ks ope ned to public comment. C huck Dillon, 529 Lillian Drive, asked that the parking regulations be made c learer to developers coming in and looking to do something so they do no t encounte r the same situation w ith C addy's. 4. TOPICS FOR DISCUSSION A . Question & Answer Session - Referendum and Charter Amendments on the March 15, 2022, Municipal Election Ballot - Board of Commissioners/City Clerk January 26, 2022, BOC Regular Workshop Meeting Page 1 o f 10 City Clerk VanBlargan announced who the candidates are on the March 15, 2022 Municipal ballot ~ for District One and District Two, read and explained the referendum question and three charter amendments on the ballot, and asked after each one for public comment. There were no public comments. B. Sanitation Vehicle Discussion - Public Works Department Public Works Director Megan Wepfer reviewed the item and explained why new vehicles were needed. She said their recommendation is for the Board to authorize using the $225,000 that is budgeted to replace truck # 18 and to purchase a new 28 cubic yard dump box as quoted from Petersen, purchase two 6-yard easy dumps with attachments as quoted from Par-Kan, purchase two F-250s from the Enterprise lease agreement, and purchase a new dump truck. The total amount of purchase would be $208,253. Director Wepfer responded to questions and comments by the Board. The consensus was to proceed with the staffs recommendation: Mayor Hendricks opened to public comment. There were no public comments. C. Update on the Ball Field Lights and the Cameras - Recreation Department Recreation Director Jay Hatch updated the Board on the ball field lights and cameras. He responded to questions and comments by the Board. The consensus was to hold back payment on the lights and cameras until the projects are finalized. Mayor Hendricks opened to public comment. There were no public comments. D. Request to add Carports - Community Development Department Jenny Rowan, the Senior Planner, said the Madeira Beach code did not allow for the construction of freestanding carports. She read the following listed in the staff report provided in the agenda packet: 1. Private carports are defined in Code, Section 82-2, as an accessory use in all residential districts. A carport would be considered an accessory structure if not attached to the building. Size restrictions for accessory structures do not support a standard size vehicle. Accessory structures are also prohibited in all front yards. As written, the Code indicates that residents are permitted to construct carports, but it does not specifically address the construction of private carports. If the BOC would like to provide residents with the opportunity to construct residential or commercial carports, staff recommends amending the Code to address carport construction, size, and location. 2. Current Code definitions classify carports as both accessory buildings and accessory structures, Section 82-2. Accessory structures are regulated by size and location in Section 110 of the Code per residential and commercial district. All residential and commercial districts are prohibited from placing accessory structures in front yards. Front yards are defined as the space between the right-of-way fronting the property and the outermost January 26, 2022, BOC Regular Workshop Meeting Page 2 of 10  vertical component of the building. 3. Many R-3 zoned lots with condominium buildings have multiple carports or shaded parking areas; these carports are likely legally nonconforming. Per the Code, condominium associations or owners are not allowed to build new carports or shaded parking areas. Section 110-480 states, "for duplex and multifamily structures, there may not be more than two accessory structures for a maximum size of six feet by eight feet by eight feet or a single accessory structure eight feet by ten feet by eight feet." 4. Accessory structures in residentially zoned districts are limited to a maximum size of six feet by eight feet by eight feet in height. Section 110-481 states that accessory structures in commercially zoned districts have a maximum size of eight feet by 12 feet by eight feet in height. These dimensions are not large enough to accommodate a standard size vehicle. 5. A residential carport size of 12 feet wide, 22 feet long, and 10 feet in height, would accommodate one vehicle per industry standards. A residential carport size of 20 feet wide and 22 feet long, and 10 feet in height, would accommodate two vehicles per industry standards. It does not include the potential increase in height with solar panels. 6. Other things to consider: FEMA requirements (mph wind resistance, tie downs, FEMA 50%), the Florida Building Code, detached vs attached to building (FEMA 50%), setbacks, and different standards for zoning districts. Ms. Rowan said that on p. 46 of the packet, it shows what sections in the Code deal with carports and accessory structures. They would have to review all the sections to ensure they are consistent whichever way the Commission would like to go. Mayor Hendricks said a lot of homes were built in the 1950s and people had one car. Things have changed. He will support the larger size, 12' x 22', if it meets FEMA standards. Ms. Rowan said they would need to discuss the setbacks and allow them in front yards. Vice Mayor Price asked if it was just for carports not attached to the house, and if someone attached a carport to the house, it would not be an accessory building. Ms. Rowan confirmed so. The Vice Mayor said she would not want a carport in front of all the houses in Madeira Beach. She did not have a problem with the condominium complex that sent the email needing eight additional carports, one for each of the units that do not currently have one, because some units there already have a carport. Ms. Rowan said they could look at allowing them in certain zones, like in R-3, where there are already carports, but not in residential zones R-1 and R-2. Vice Mayor Price said she has a carport attached to her home, which is not attractive. Commissioner Hodges asked if someone could put in a carport if they already have a parking garage. Ms. Rowan said yes if the garage is attached to the house, but it would have to be in the same setbacks as the building and not be in the front yard. Mayor Hendricks said he has a problem with someone having a one-car garage and putting a carport in front of it. They would do a shuffle whenever wanting to take the other car out. He has a problem with it not being attached and not putting it on the side of the property. They January 26, 2022, BOC Regular Workshop Meeting Page 3 oflO could also do a circular drive with a carport out there that you can drive through to unload things and protect their automobile, which is too expensive not to protect from the weather. Lots are not that big anymore, and most homes have a one-car garage. Those are things to consider for people to protect their property. There are a lot of extenuating circumstances where they cannot be reasonably attached. Commissioner Hutson said if they are not nonconforming, they could not increase the nonconforming, and Ms. Rowan said correct. Vice Mayor Price said they would have to rewrite that entire section if they are going to allow freestanding carports in the front of homes, and they would have to deal with setbacks and the looks of it. They can fix the issue in front of them right now with the condominiums. Most condominiums have a lot of room to expand their parking, which would not make much difference. It is not technically in the front yard and would give every condo owner a covered parking spot. She did not go to the condominium to see what they had there. Commissioner Hutson distributed a picture of the condominiums showing the two bigger areas and the covered parking areas. He said they would like to repeat that on the north side. It would meet the setbacks from the road. They could require the same type of carport and have the people get approval from their neighbors to the north. A good option will be to do it for R-3 zoning if it meets the setbacks. Mayor Hendricks said he had no problem doing it for R-3 first, as they have time to get ordinances in place so other people can do it too. It does not seem fair today for someone to have a million-dollar home and a hundred-thousand-dollar car and not be able to put up a carport or something to protect their investment. He asked if they were to approve some hybrid or a carport extension or exception to having it attached to the building would it expose them to anything else. Ms. Rowan said they would probably want a limitation on the size and number of carports. They would need to be very specific in writing it and research other codes to see what other cities have done with carports. They could do it first with the R-3 zoning. Commissioner Andrews said he had no problem doing it for R-3 and what they want to do at the condo complex, but it should also be done for the other side. Mayor Hendricks opened to public comment. Laurie Jackson, 15400 Gulf Blvd., #504, Shores of Madeira condominium complex, said 40 units have a covered carport and eight do not. They have been getting quotes from contractors and letting them know that they would like the additional carports to match the existing ones and meet hurricane code. E. Solar Energy for City Buildings - Building Official January 26, 2022, BOC Regular Workshop Meeting Page 4 of 10 City Manager Robin Gomez explained the handouts he distributed before the meeting regarding information and ideas on how to proceed with potentially putting solar panels on various buildings, specifically city hall, fire station, and the recreation center, and adding electrical vehicle charging stations. He said quotes were received a couple of hours ago and put in their chair. The quotes are for purchasing and installing panels on the three buildings. There are other options that companies provide to consider. His suggestion would be to contact at least another company, get another quote to purchase and install them, and get some leasing information. It is possible to pay more over the life of the lease than the cost to purchase them. They would be able to spread the payments over time and reap the benefits of utilizing the solar power instead of the electric and potentially reselling that back to Duke Energy. He said they are still getting information about it. The City Manager responded to questions and comments by the Board. Vice Mayor Price said they cannot sell it back and still have an electric bill. It must cover their entire electric bill and produce more before they can think about entering an agreement about it. Commissioner Andrews said it should have been done when they built the building and that Jay was on the solar panel committee and could speak to that. Director Hatch shared the ideas discussed and said it was suggested they start with the Rec. Center. Vice Mayor Price said it was a worthy project, and if they could get a matching grant, she would not mind starting with the Rec Center. They could see how it goes and move forward. Commissioner Hutson said for residential places, if you have more than a $10,000 system, they make you carry a much larger insurance policy. They need to inquire about that. If you buy electricity, you pay 10 to 12 cents a kilowatt, and you can only sell it back to them at 2 cents a kilowatt because you become a supplier. It is better to spend less putting something up, so you don't sell back for a little amount. Commissioner Andrews said it was a worthy discussion, and they are coming up with new and innovative ideas that are more pleasing to the eye. As time goes by, it will get better and more advanced. The City Manager said they would get more information and bring it back to the Commission. Mayor Hendricks opened to public comment. Chuck Dillon, 529 Lillian Drive, said he got solar panels on his house and his highest yearly bill in the last ten years was $450. F. S. Bayshore Drive Traffic Control to lower speed limit to 15 mph and add traffic calming devices (speed humps)- City Manager; Parking Enforcement City Manager Robin Gomez said along with the Pinellas County Sheriffs Office, they initially requested input from all the properties on South Bayshore Drive between 140th and Island Drive. The 140th and South and North Bayshore Drive intersection became a 4-way stop. As a result, January 26, 2022, BOC Regular Workshop Meeting Page 5 of 10 many cars now take a right on South Bayshore to Island Drive. Residents said cars are speeding, avoiding the stop sign, and essentially using South Bayshore as a shortcut instead of driving up to Island Drive and then making a right. Five of the seven feedbacks received agreed that lowering the speed limit would be a good solution and possibly adding some traffic control device such as speed humps or speed tables. The Sheriffs Office placed equipment on one of the utility poles to capture traffic data for a week from December 30 to January 5. The data captured is in the packet. Essentially, over 2,664 vehicles traveled on South Bayshore between 140th and Island Drive during that week. Over 85% of them averaged the speed limit or below. The Sheriffs Office will issue a citation for vehicles driving five miles above the posted speed limit. They would have written about 31 violations based on the speeds that the equipment captured. About 264 vehicles drove about 20 miles per hour, which is fairly good. Lowering the speed limit will cause vehicles to go slower for fear of receiving a citation. They gave a very low enforcement rating meaning there were not enough vehicles exceeding the posted speed limit. It was suggested by the deputies out there working with the City to lower the speed limit to 15 miles per hour for significant improvement. It could also reduce the likelihood of any collisions and any pedestrians hit. One comment was to remove the four-way stop on 140th at North and South Bayshore, keeping the speed limit the same and not adding any traffic calming devices. It was the only street evaluated where a few residents would be okay with installing one or two devices on South Bayshore. Mayor Hendricks said he has no problem with reducing the speed limit along there. Some people wanted that stop sign because there are a lot of pedestrians that go across the intersection there. If you are on Bayshore taking a left onto 140th • that is a blind comer, very hard to see around there, and there is a speed issue with people coming around that comer going towards Gulf Blvd. The stop sign needs to stay there and reduce the speed limit. Mayor Hendricks opened to public comment. Ray Kerr, Madeira Beach resident District 2, said on July 24, 2020, he emailed a three-page document that he prepared to the city manager that he was to distribute to the Board. Seven hundred properties cross through that intersection on 140th without choice. For that reason, he opposes the 4-way stop. It influences people heading out to Crystal Island to take that path. Now, at the taxpayer's cost, they want to install speed bumps that will create a hazard, and he is opposed to both the 4-way stop and the speed bumps because he sees no advantage to them. A solution to the blind comer is not to have a left-hand turn off North Bayshore onto 140th • The cleaner route would be to take North Bayshore to Vivian Drive and take a left, which is wide open. In the document he forwarded are other solutions as well. Commissioner Hodges said before they put the 4-way stop sign there, they only had the stop sign on Bayshore, and 140th was clean all the way through. She had never seen a problem there. Only about one or two people complained about it the most and got them to put the stop signs up. She would like to do away with the 4-way stop and put a 2-way stop there. Mr. Kerr said that would solve the issue created by the 4-way stop. G. Dogs on the Beach - City Manager January 26, 2022, BOC Regular Workshop Meeting Page 6 of 10 Vice Mayor Price said the ordinance is very long and needs to be cleaned up and shortened. She doesn't know if owners must prove if animals are certified service animals to go on the beach. If a person has a disability, they can have a service animal on the beach to help them. She would think they could require them to be certified and wear a red vest or have owners prove it is a service animal. There are also certifications for emotional support animals the state gives out. It might not be a big issue this week, but people begin to complain about the dogs on the beach when it gets to be springtime. The ordinance needs to be fixed, and she does not know how to do that legally and enforce it. City Attorney Tom Trask said he does not know the law on that, but he could research and provide answers to those questions. It would be better to see what they can do before changing the ordinance. Vice Mayor Price said she thought some towns north of them have already done that, so perhaps they could start there and move on. Things that do not belong in the ordinance, such as impounding a dog, should be removed and be made easier for people to understand. Perhaps they can require the hotels and condos that allow dogs, for example, on the beach, to post somewhere, letting people know not to take their dogs on the beach. People do not know. Commissioner Hodges said there is a place right off the causeway where people can take their dogs. Commissioner Andrews said the number one thing to do to educate is to put signs at all the entryways to the beach, letting people know what the rules are. The people he talked to had no clue about the rules. As a business owner, he cannot ask someone if their dog is a service animal if they bring them into the store. They show him the legal document showing that. The dogs are not required to wear a vest, and a business owner cannot ask them about it. Vice Mayor Price said she does not want to ask anybody what their disability is, but she does want to make sure that the dog is not just an emotional support animal. To avail yourself of the Americans with Disabilities Act, you must prove you have a disability. A business owner or the City cannot ask for it, but you certainly cannot have it both ways. Mayor Hendricks mentioned a dog attack at one of the City's parks. The person was told not to bring their dog but did it and claimed it to be a service animal. Recreation Director Jay Hatch said he learned from the Sheriffs department that there are two questions they can legally ask, and one of them is, "What service does the dog provide?" City Manager Robin Gomez said the direction seemed to be to look at the ordinance to see how it can be improved, cleaned up, and remove what they are not allowed to do, such as impounding a dog. The ordinance does not mention anything about utilizing Pinellas County Animal Control. They are the only arm in the entire county that can pick up a loose or stray dog. It would be good to include that in the ordinance if that is the process. Mayor Hendricks said their signs by the beach parking lots should be by the pay stations so people can see them because they are not all visible. Public Works Director Megan Wepfer said she could add additional signs down there. The City's "leave no trace" ordinance requires that each owner January 26, 2022, BOC Regular Workshop Meeting Page 7 of 10 post that in each condo. That does not happen, so she would suggest putting that on signs, on a smaller scale, at each one of the condos so people would know the rules. They come and go, and they do not know. The worst time for dogs to be on the beach is during spring break. Mayor Hendricks opened to public comment. Chuck Dillon, 529 Lillian Drive, said the issue has been ongoing for a long time. He has tried talking to people, and some get rude about it. It is something that people need to be made aware of and not something people should be calling the police about it. However, it would be helpful for the police to come out at sunset because most people go to the beach with their dogs then. The City Manager said people say that the City is a dog-friendly city. Like other cities, there are a few places pets are not permitted. The City Attorney said that might be coming from a change in the Code in 2012. When Dunedin changed its Code to allow dogs to be in dining establishments, that was the rage in 2012. Cities changed their Code to allow people to bring a dog into the restaurant. The City did that in 2012, referenced in Code Section 10-14. They could choose to take it out, and it might go away. The consensus of the Board was to clean up the ordinance. H. County Noise Ordinance - City Manager City Manager Robin Gomez said he heard from several residents that live in the condo across the street about the loud noise coming from one of the restaurants on Madeira Way and Cambria when ~ they have their live music on Thursdays through Saturdays. They asked if something could be done. Commissioner Hodges said she learned that Cambria restricts playing the music there and cannot be heard. Much of the noise comes from the Saltwater Hippie around the comer, and they play into the night. Commissioner Hutson said he heard it coming from the Cambria and the Brass Captain. The Cambria has improved their speakers that send the music, but the voice is still very loud. Some speakers use profanity in the stories they tell. That is sent out over the neighborhood, and people hear it. Last week, he got a call from someone that lives in Ocean Sands complaining about the loud noise coming from the Saltwater Hippie, who has outside bands. They are now getting people moving out because of it. A lot of those people are doing short-term rentals, and they are getting complaints from people saying they like the location but will not go back because it was impossible to sleep in the rooms in the front due to the loud noise. The Saltwater Hippie should have a permit to have their music outside. Mayor Hendricks said the Saltwater Hippie also has live music in the back, but it is walled in all the way around. If you are by a commercial area, there will be some noise. The City has codes on how loud that can be, and if they are over a certain decibel, they are violating the Code. However, within reason, a business is allowed to do that. Someone that buys next to a business district must January 26, 2022, BOC Regular Workshop Meeting Page 8 of 10 expect things like that. Commissioner Hutson said the decibel limit is from 11 :00 p.m. to 7:00 a.m., which is 55 decibels. Anything before 11 :00 p.m., no decibel limit applies. Another place complained about is the Snack Shack. They play music beginning at noon and sometimes that is loud. There is a fine to charge, but it is so low that people do not mind paying it. Perhaps increasing the fines or having a decibel level during the day might be more enforceable. Commissioner Andrews said there are decibel measurements in the Code. He certainly does not want anybody losing sleep for somebody violating what they have in place. It must be enforced. The City adopted the county's ordinance as referenced in the Code, and there are different decibel levels mentioned. The City adopted it, and if someone is violating it, they must talk to them about it and ensure they are doing sound checks. People bought the businesses knowing what the rules are, and if they are violating them, the City needs to enforce its rules better. The City Manager said the county ordinance it says that between 7:00 a.m. and 11 :00 p.m., in a residential zone, they cannot exceed 72 decibels during the day and cannot exceed 55 decibels from 11 :00 p.m. to 7:00 a.m. In a recreation area, it is similar, 72 decibels during the day and 55 decibels at night from 11 :00 p.m. on. Mayor Hendricks said while everyone talked, he measured the decibels in the room, and the average decibel is 70, so 72 decibels are not loud. Vice Mayor Price said the sound is amplified making it loud. Commissioner Hutson said when the neighbors complained, he called the Sheriffs Office, but there was nothing they could do before 11 :00 p.m. other than talking to them. If the City adopted the county ordinance, those places must follow the decibel levels. He does not think the police officers know that, but it must be enforced. Not every song is at the same volume, so how would they measure decibel level. It could get complicated. Vice Mayor Price said the Statues say to stand on the property line with the decibel meter and measure. If it is over the decibel limit, then it is a violation. Mayor Hendricks said that must mean they have no music festivals because they violated the past weekend. Director Hatch said the special event section of the Code lists the things that can be suspended for special events, which also applies to City-run events. For businesses and private property, the City cannot require them to get a special event permit to have a special event or activity on their property. Vice Mayor Price asked if they could hire someone to do some type of sound study to give them a feel for what is going on, and if it is consistently over the stated decibel limits in the Code, they must take some action on it. The City Manager suggested reminding the businesses about it because they may not know the sound is bouncing and traveling across the neighborhood. They could begin to record what is happening. January 26, 2022, BOC Regular Workshop Meeting Page 9 oflO  Mayor Hendricks opened to public comment. Chuck Dillon, 529 Lillian, said he recorded in the room 60 decibels, which is normal conversation. The research must be done. 5. ADJOURNMENT Mayor Hendricks adjourned the meeting at 7:57 p.m. Jo1m8.Hendtclfs:Mayor ATTEST: Clara VanBlargan, MMC, MSM, City - -- -- - -- .·:::>.\, . : .:f,.' .,.,..:, /rr- .I:,"".,,. I . . . _._, I January 26, 2022, BOC Regular Workshop Meeting Page 10 oflO