CITY OF INDIAN ROCKS BEACH

Transcription

1 MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular City Commission Meeting was held on, in the City Commission Chambers, 1507 Bay Palm Boulevard, Indian Rocks Beach, Florida. Mayor-Commissioner Johnson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance and a moment of silence. PRESENT: Mayor-Commissioner R.B. Johnson Commissioner Joanne Cookie Kennedy Commissioner Terry Hamilton-Wollin Commissioner Phil J. Hanna Commissioner Daniel J. Torres City Manager Charles S. Coward City Attorney Maura J. Kiefer City Clerk Deanne Bulino O Reilly Public Services Director Dean A. Scharmen Public Services Parks Lead Worker Willie Furrow Planning and Zoning Director Danny E. Taylor 1. ADMINISTRATION OF OATH TO NEWLY-ELECTED OFFICIALS BY CIRCUIT COURT JUDGE GEORGE M. JIROTKA. Mayor Johnson introduced Circuit County Judge George Jirokta, who thereafter administered the oath of office to Newly-Elected Mayor-Commissioner Johnson, Newly-Elected City Commissioner Joanne Cookie Kennedy, and Newly-Elected City Commissioner Daniel J. Torres. 2A. REPORTS OF the Pinellas County Sheriff s Office. The March and April Crime Analysis Reports will be presented during the April 27, 2010 City Commission Meeting. Page 1 of 27

2 2B. PRESENTATION by the City of Indian Rocks Beach Safety Committee. Willie Furrow, Public Services Parks Lead Worker and the IRB Safety Committee Chairperson, made a brief presentation to the City Commission on the City s Safety Committee; stating by having a Safety Program, Safety Committee, and a Drug Free Workplace, the City has received an average cost savings of $5,205 per year for the past several years. 3. PUBLIC COMMENTS. th Frank Hartzell, Avenue, explained that he is having an issue with someone in his neighborhood illegally renting a house to six college students, and asked that a meeting be set up with the City Manager and/or City Attorney to discuss the zoning implications. CONSENSUS FOR THE CITY MANAGER TO MEET WITH MR. HARTZELL TO DISCUSS THE ZONING CODE FOR RENTING/LEASING A HOME IN A RESIDENTIAL AREA. Rick McFall, 408 Harbor Drive North, expressed concern regarding the condition of the property located at 314 Harbor Drive, and provided photographs showing the deplorable conditions of the property. Mr. McFall stated that this is beyond code enforcement, and suggested that the City should do something about this issue and adopt an ordinance to deal with houses in foreclosure. Mayor Johnson asked if there is a way for the City to be able to take action regarding the City s ordinances to address this type of issue or is it an issue that cannot be handled because of the foreclosure status. City Manager Coward commented that there is no quick and easy way to address this issue. He explained that this property did have a demolition permit and the shell was left for the new building; however, it is now in foreclosure. Commissioner Torres commented that the permit has expired; therefore, all the other rules, if any, are applicable. City Manager Coward explained that there are no permit issues stopping any action and the City has been trying to get the property demolished since he has been with the City. Page 2 of 27

3 City Attorney Kiefer explained that the City does have condemnation procedures in the City Code and it is a matter of implementation. She stated that she and City Manager Coward have begun to review the procedure options including instituting an action in court through a health and safety issue. She advised she will work with City Manager Coward, and if directed by the City Commission, she will implement the legal action necessary to condemn the building with due notice to the owner. City Attorney Kiefer noted that she will bring a recommendation to include a section in the City s ordinance to make banks and financial institutions a liable party. CONSENSUS FOR THE CITY ATTORNEY TO DRAFT AN ORDINANCE ADDRESSING THE MAINTENANCE OF VACANT AND FORECLOSING RESIDENTIAL PROPERTIES. 4. ORGANIZATIONAL REMARKS. None. 5A. REPORTS OF THE CITY ATTORNEY: CUSO S BEACH PLACE SIGN COMPLIANCE: City Attorney Kiefer reported that Cuso s Beach Place (2405 Gulf Boulevard) Sign Compliance Code Enforcement Case was settled in court; explaining that the establishment has 90 days to come into compliance and has to pay a fine. HOLSOPPLE LAWSUIT: City Attorney Kiefer reported that the Holsopple Lawsuit has been dismissed. WHITEHURST LAWSUIT: City Attorney Kiefer reported on the Motion for Summary Judgment Hearing regarding the Whitehurst Lawsuit; stating the Judge denied the motion because the opposing attorney introduced a new legal theory with affidavits from the Indian Shores Police Chief and Mrs. Armstrong in order to create the scenario that Indian Rocks Beach somehow abandoned the southern half of Whitehurst Avenue and/or acquiesced over the years to move its boundary. She Explained to the court, citing case law, that the State of Florida has never recognized boundary by acquiescence between municipalities and that it is not up to the court to make new law at this level. Therefore, City Attorney Kiefer feels that denial of her motion was a departure from the essential requirements of the law, and she will be researching appeal of that denial and will file a motion of reconsideration. She also noted that the City Charter prevents changing the boundary without referendum and Indian Page 3 of 27

4 Shores has the same provision. She noted that the Attorney General has issued opinions stating that a City cannot vacate any dedicated lands unless done so in the proper manner as indicated by ordinance or referendum. She explained that this is an important case as it will affect the rest of the City including the beach accesses. 5B. REPORTS OF THE CITY MANAGER: FEBRUARY MONTHLY FINANCIAL REPORT: City Manager Coward presented the February 2010 Financial Report noting that revenues are at or above budget and expenditures are at or below budget with no great deviations in any funds. AD HOC NOISE ADVISORY COMMITTEE REPORT: City Manager Coward reported that the Ad Hoc Noise Advisory Committee is progressing and the members are working well together and staff anticipates a report will be presented by the end of April. NATURE PRESERVE LEASH FREE DOG PARK IMPROVEMENTS: City Manager Coward reported that it will cost approximately $800 for each double entry gate for the Nature Preserve Leash Free Dog Park. He stated that could be a program change in the Capital Improvements Plan for the budget for next year. SHELL STATION, 501 GULF BOULEVARD: City Manager Coward reported that the Shell Gas Station is proceeding with plans to replace their gas tanks and will begin to sell gas again in accordance with the new State regulations. PROPERTY CASUALTY INSURANCE: City Manager Coward reported that it is time for the PRM, Property Casualty Insurance Renewal, and advised the rate for next year is the same as for this year, which is $98,750. He explained that his practice has been to bring to the City Commission changes in insurance when there is interest in changing carriers, going out for bids, or if the rate adjustment was significant. He noted that it is not on the agenda and will renew automatically April 1, 2010; however, if the City Commission desires, he can bring a resolution to the City Commission on the next agenda. Mayor Johnson stated that he spoke with City Manager Coward about the insurance issue and learned that his sense is that this is an administrative responsibility unless there are significant changes on the horizon. Page 4 of 27

5 Commissioner Hanna agreed with City Manager Coward and asked if there were any changes noted in deductibles and so forth. City Manager Coward stated his review indicated that everything was the same and that City Attorney Kiefer will review the coverage and staff will also review it. City Attorney Kiefer explained that this issue came up when she came to work for the City and that everyone was surprised to learn that a one year notice is required to change insurance carriers, and there was consensus for the issue to be brought up annually just in case there are any issues to be addressed. Commissioner Torres agreed that the item should be brought up annually just for review under the City Manager s Report. Mayor Johnson clarified that the City Commission should be advised that staff has reviewed the insurance, and if there are any issues that the City Commission should be made aware of before the renewal period, then the item should be placed on the agenda for formal action by the City Commission. However, if there are no changes, then the issue can be reported under the City Manager s Report. CONSENSUS FOR THE CITY MANAGER TO BRING THIS ITEM UP ANNUALLY UNDER HIS REPORT, UNLESS THERE ARE ISSUES THAT NEED TO BE ADDRESSED AND CONSIDERED BY THE CITY COMMISSION. 5C. REPORTS OF THE CITY COMMISSION: COMMISSIONER WOLLIN: Advised that she has been appointed to the Nominating Committee of the Barrier Islands Governmental Council (BIG-C). She advised that Redington Beach Mayor Nick Simons will be nominated as the new Chair and Clearwater Councilman George Cretekos as Vice-Chair, and Treasure Island Mayor Bob Minning as the Treasurer. She advised also she has been appointed to the By-Laws Committee and that the most important issue they will be addressing is the requirement for a unanimous vote for the BIG-C to take an official position on an issue and the proposal will be to reduce that to two-thirds. She will report back on the results. Announced that the BIG-C s Rays Day will be June 27, 2010, and that Diane Erb, City Manager Secretary, is the contact person for the City. Page 5 of 27

6 COMMISSIONER TORRES: Commented on the importance of keeping Indian Rocks Beach a small town atmosphere, which is what he is hearing from citizens. Commented that urban farming is spreading throughout Pinellas County noting that the City is ahead of the curve with Commissioner Wollin working on the community garden. VICE MAYOR KENNEDY: Thanked the voters for being able to serve another two years. She commented that there are many things taking place in the City including in the Business District Triangle. MAYOR JOHNSON: Commented that, during his campaign, in talking with citizens most expressed that they are happy with the City Commission working well together and that disagreements are done in an appropriate manner and then they move on. Expressed appreciation to the volunteers who participated in the Beach Clean Up and especially Phil Wrobel who helped sign people up and cooked. Expressed appreciation to the volunteers who participated in COTI Greenfest and noted that the members of the Environmental Stewardship Committee staffed a tent that seemed to be very successful. 6. CONSENT AGENDA A. APPROVAL OF the February 9, 2010 Regular City Commission Meeting Minutes. B. APPROVAL OF the February 23, 2010 Regular City Commission Meeting Minutes. City Attorney Kiefer read the Consent Agenda, consisting of Agenda Item Nos. 6A and 6B, by title only. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE THE CONSENT AGENDA, CONSISTING OF AGENDA ITEM NOS. 6A AND 6B. UNANIMOUS APPROVAL BY ACCLAMATION. Page 6 of 27

7 7A. RESOLUTION NO QUASI JUDICIAL PUBLIC HEARING. Considering an Alcoholic Beverage Use Designation of 2COP-R (beer and wine, consumption on premises only) for Jake s Sandwich Shop, which establishment is located at 435 Gulf Boulevard (#3), Indian Rocks Beach. [Official Publication Date: March 10, 2010.] BACKGROUND: Matthew Loder, owner of Jake s Sandwich Shop, 435 Gulf Boulevard, requests a 2COP-R, (beer and wine, consumption on premises only), Alcoholic Beverage Use Designation. In order to obtain a 2COP-R, a variance from the 500 foot distance requirement is needed between other alcoholic beverage designation establishments. The surrounding zoning is B-Business on the east side of Gulf Boulevard with CT-Commercial Tourist on the west side of Gulf Boulevard. Jake s Sandwich Shop is located in a shopping center with a frontage of 108 feet on Gulf Boulevard. All of the units in the shopping center are occupied. ANALYSIS AND APPLICABLE CODE SECTIONS Approval of the alcoholic beverage use designation will require a distance variance per: Code Section 6-34(b) states: It shall be unlawful for any vendor to maintain any establishment or locate any establishment within 500 feet of any established church or public or private school, City youth center or youth recreation area or another establishment already licensed for the sale of alcoholic beverages or package liquors, excluding restaurants with a 1-COP restricted or 2-COP restricted license. Code Section 6-34(b)(1-4) provides specific instruction on how distances are measured for purposes of alcoholic beverage designation. Code Section 6-32(e) states: Alcoholic beverage use designations are approved for a specific property location (i.e., building, lounge, restaurant, store) and a specific applicant. Any change in ownership of the establishment will require the filing of a new application and approval by the city commission. A change in ownership shall include the purchase or acquisition of 50 percent plus one share or more of stock and/or assets of the corporate entity, partnership or similar ownership entity. Page 7 of 27

8 Code Section Authority of City Commission to Designate Locations; Variances. (a) The City Commission shall have the power to designate the location and classification, including restrictions agreed to by a licensee, for which the sale of alcoholic beverages may be permitted. These areas are on file with the City. (b) Variances to the distance requirements may be approved by the City Commission where the City Commission finds that an unnecessary hardship exists and the granting of the variance will not be injurious to the community. RESTAURANTS AND PARKS WITHIN 500 FEET OF JAKE S SANDWICH SHOP Crabby Bill s Loading Dock 401 Gulf Boulevard 341 feet IRB Sushi Bar 416 First Street 217 feet Ocean Breeze Market 501 Gulf Boulevard 457 feet FINANCIAL IMPACT: The City will receive occupational license tax revenue from Jake s Sandwich Shop. City Attorney Kiefer read Resolution No by title only. Pursuant to a legal notice published in the March 10, 2010 edition of the Neighborhood Times Section of the St. Petersburg Times, as evidenced by an affidavit of publication, filed with the City Clerk, a public hearing was held on Resolution No City Attorney Kiefer read Resolution No by title only. Mayor Johnson inquired if any City Commission Member needed to disclose any ex-parte communications regarding this application. Commissioner Hanna, Commissioner Wollin, Commissioner Torres, and Mayor Johnson stated for the record that they drove by the site. Vice Mayor Kennedy stated for the record that she drove by the site and spoke to the residents across the street. Upon the request of Mayor Johnson, all persons planning to give testimony during the public hearing were duly sworn in by the City Clerk. Page 8 of 27

9 Mayor Johnson opened the public hearing. Planning and Zoning Director Taylor presented the Agenda Memorandum and made a PowerPoint Presentation, depicting photographs of the property, an aerial view, and a survey of the property. He explained that a distance variance is required for the 2COP-R license. He noted a correction in the resolution in the fifth whereas clause to delete IRB Sushi Bar, 416 First Street, 271 feet, as a variance will not be required from that establishment. Mayor Johnson inquired if the applicant was notified of the public hearing, and if the applicant advised staff that he would be unable to attend. To which Planning and Zoning Director Taylor advised that Mr. Loder was notified, and that Mr. Loder did not inform his office that he would be unable to attend the public hearing. Mayor Johnson stated for the record that Matt Loder, the applicant, was not present for the quasi judicial public hearing. Vice Mayor Kennedy stated what she heard from the Pier House Condominium residents (420 Gulf Boulevard), which is located directly across the street, was that they have no problem with the sale of wine and beer; however, they would have a problem if there is music. She asked if the resolution could be amended to prohibit amplified music indoors or outside. City Manager Coward noted that there is no outside area where they could have music. Planning and Zoning Director Taylor explained that Section 3 of the resolution states: Repeated or intermittent nuisance activity and/or unreasonable noise originating from the establishment or the parking area, any violation of the terms of the 2COP-R as set forth in Chapter 6 of the Indian Rocks Beach Code of Ordinance, shall result in the revocation of the alcoholic beverage designation. City Attorney Kiefer advised that the City Commission may include any reasonable conditions such as no amplified music on the premises if it is a concern and recommended to amend Section 3 of the resolution as follows: Amplified music anywhere on the premises, and/or intermittent nuisance activity... She explained that would define amplified music as being unreasonable under these circumstances, and if it is not included, then it would be subject to legal debate. Page 9 of 27

10 Commissioner Wollin suggested including a provision for no outside dining, even though there is only a sidewalk, in consideration of what is being learned about ambient noise, as well as no amplified music. Commissioner Torres commented he feels that things are going too far on this application by including no outside dining; stating there are regulations for 2COP-R licenses, and there is an amplified music ordinance in the works. He commented that the property owner is a tremendous owner in the City, and he feels there is no intent to do anything inappropriate. He suggested there is no need to put any more stipulations on this owner. Commissioner Hanna asked the hours of operation of the sandwich shop. He agreed with Commissioner Torres regarding Mr. Loder who sits on the Ad Hoc Noise Advisory Committee. He suggested that Section 3 of the resolution is sufficient as it is presented. Todd Plumlee, 469 Harbor Drive North, stated that he owns the property, and is excited to have Matt Loder as a tenant, who is a very responsible person, and is also a good neighbor at his other business. Commissioner Wollin asked if there is a hardship attached to this variance request and asked if a hardship is required to grant a variance. Planning and Zoning Director Taylor explained that Chapter 6, Alcoholic Beverages, of the City Code addresses variances with respect to the distance requirement, but there is no mention of finding a hardship. However, in the land development regulations, where cases go before the Board of Adjustments and Appeals, finding of a hardship is required. City Attorney Kiefer stated there is a requirement in the City Code that states there needs to be a hardship and that a finding needs to be made that there will be no injury to the community. She explained that variance means hardship and that Planning and Zoning Director Taylor is correct in that it is not defined and it does not show criteria in Chapter 6 of the City Code; it is silent on that. She advised that granting or denying does not set a precedent for future applications; however, it is a good idea to have a set of criteria set forth in Chapter 6. She advised that the City Commission needs to make those two findings. CONSENSUS FOR THE CITY COMMISSION TO DISCUSS CHAPTER 6, ALCOHOLIC BEVERAGES, SECTION 6-34(B), LOCATION RESTRICTIONS Page 10 of 27

11 THE 500 FOOT DISTANCE REQUIREMENT FROM ANY ESTABLISHED CHURCH OR PUBLIC OR PRIVATE SCHOOL, CITY YOUTH CENTER OR YOUTH RECREATION AREA OR ANOTHER ESTABLISHMENT ALREADY LICENSED FOR THE SALE OF ALCOHOLIC BEVERAGES OR PACKAGE LIQUORS, EXCLUDING RESTAURANTS WITH A 1-COP RESTRICTED OR 2-COP RESTRICTED LICENSE. Seeing and/or hearing no one wishing to speak, Mayor Johnson closed the public hearing. MOTION MADE BY COMMISSIONER TORRES, SECONDED BY COMMISSIONER HANNA, TO APPROVE RESOLUTION NO , GRANTING AN ALCOHOLIC BEVERAGE USE DESIGNATION OF 2COP-R (BEER AND WINE, CONSUMPTION ON PREMISES ONLY) FOR JAKE S SANDWICH SHOP, WHICH ESTABLISHMENT IS LOCATED AT 435 GULF BOULEVARD (#3), INDIAN ROCKS BEACH, AND LEGALLY DESCRIBED AS INDIAN ROCKS BEACH, BLOCK 8, LOTS 2, 3, AND 4 LESS ROAD. ROLL CALL VOTE: HANNA YES KENNEDY YES WOLLIN YES TORRES YES JOHNSON YES MOTION CARRIED UNANIMOUSLY. 7B. ORDINANCE NO PUBLIC HEARING - SECOND AND FINAL READING. Amending Chapter 26, Environment; Article II, Noise; by adding a new Section 26-30, Declaration of Policy; amending Section 26-1, Definitions, Section 26-34, Unreasonable Noise Prohibited, Section 26-35, Specific Noises Prohibited, Section 26-36, Maximum Permissible Sound Levels. [First Reading: February 9, 2010; Official Publication Date: March 10, 2010.] BACKGROUND: During the course of recent discussions on noise issues in Indian Rocks Beach, more specifically outdoor amplified music, the City Commission and staff considered several proactive measures. Most recently, staff has undertaken action on three fronts: Noise Code housekeeping amendments; Page 11 of 27

12 Upgrade enforcement program; and Develop an entertainment permit system with the assistance of a Noise Advisory Committee. Tonight, the second and final reading of Ordinance No is scheduled for vote by the City Commission. This ordinance will implement certain housekeeping amendments to the current City Code, which will provide for broader enforcement activities (use of C band noise levels) and will make the Indian Rocks Beach regulations more enforceable in court. When staff began this effort, it seemed appropriate to move this ordinance forward before the completion of the actions included on the other two fronts (expanded enforcement and Noise Advisory Committee). However, while tonight s scheduled action can be undertaken without any negative impact on the other two fronts, staff believes that the best course of action tonight would be to table Ordinance No until the report of the Noise Advisory Committee is completed (anticipated for late April). Staff has reached this conclusion not because of any problems with Ordinance No , but rather with the successes that staff is having at the Noise Advisory Committee Meetings and certain additions to this ordinance which they are likely to recommend. While the City Commission certainly could amend the Noise Code twice, it might be better for public understanding of the issue as a whole, to do it in one document. Therefore, staff is recommending that Ordinance No be tabled until the report of the Noise Advisory Committee is available. RECOMMENDATION: The City Manager recommends this ordinance be tabled. Pursuant to a legal notice published in the March 10, 2010 edition of the Neighborhood Times Section of the St. Petersburg Times, as evidenced by an affidavit of publication, filed with the City Clerk, a public hearing was held on Ordinance No City Attorney Kiefer read Ordinance No by title only. MOTION MADE BY COMMISSIONER TORRES, SECONDED BY COMMISSIONER HANNA, TO TABLE THE PUBLIC HEARING SCHEDULED FOR ORDINANCE NO , AMENDING CHAPTER 26, ENVIRONMENT; ARTICLE II, NOISE; BY ADDING A NEW SECTION 26-30, DECLARATION OF POLICY; AMENDING SECTION 26-1, DEFINITIONS, SECTION 26-34, UNREASONABLE NOISE PROHIBITED, Page 12 of 27

13 SECTION 26-35, SPECIFIC NOISES PROHIBITED, SECTION 26-36, MAXIMUM PERMISSIBLE SOUND LEVEL. UNANIMOUS APPROVAL BY ACCLAMATION. 8A. RESOLUTION NO Appointment of Vice Mayor- Commissioner. BACKGROUND: Charter Section 4.4 authorizes the City Commission to appoint a Vice Mayor-Commissioner from among the members of the City Commission at its first regular meeting following certification each year. The duties of the Vice Mayor-Commissioner shall be to preside over the meetings of the City Commission during the absence of the Mayor- Commissioner, and in general in the absence or the incapacity of the Mayor- Commissioner, he/she shall do and perform those acts and things provided in the City Charter to be done by the Mayor-Commissioner. ANALYSIS: The City Commission should appoint a member of the City Commission to serve as Vice Mayor-Commissioner, which term shall commence on March 23, 2010, and shall expire on the City Commission s first regular meeting following certification of the March 8, 2011 Municipal General Election results. City Attorney Kiefer read Resolution No by title only. Commissioner Kennedy nominated Commissioner Torres as Vice Mayor. MOTION MADE BY COMMISSIONER WOLLIN, SECONDED BY COMMISSIONER HANNA, TO APPROVE RESOLUTION NO , APPOINTING COMMISSIONER TORRES AS VICE MAYOR- COMMISSIONER. UNANIMOUS APPROVAL BY ACCLAMATION. 8B. RESOLUTION NO Establishment of signatories on behalf of all City checking accounts. BACKGROUND: Code Section 2-33 states: Following the election of any members of the City Commission, the City Commission as a whole shall appoint two of its members as signatories for the purpose of executing checks, other Page 13 of 27

14 negotiable instruments and official documents where the City Manager or City Clerk are unavailable for executing such documents. This shall be done by resolution. Said resolution shall include the name and title of all officials authorized to execute these documents, including the City Manager and the City Clerk. ANALYSIS: Staff is recommending that the following individuals be recognized as authorized signatories for the City: 1. R.B. Johnson, Mayor/Commissioner 2. Daniel J. Torres, Vice Mayor/Commissioner 3. Charles S. Coward, City Manager 4. Deanne Bulino O Reilly, City Clerk 5. M. Earl Sanders, Finance Director City Attorney Kiefer read Resolution No by title only. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE RESOLUTION NO , PROVIDING FOR THE ESTABLISHMENT OF SIGNATORIES ON BEHALF OF ALL CHECKING ACCOUNTS FOR THE CITY; PROVIDING FOR CHARLES S. COWARD CITY MANAGER; DEANNE BULINO O REILLY, CITY CLERK; M. EARL SANDERS, FINANCE DIRECTOR; R.B. JOHNSON, MAYOR- COMMISSIONER; AND DANIEL J. TORRES, VICE MAYOR- COMMISSIONER TO BE SAID SIGNATORIES. UNANIMOUS APPROVAL BY ACCLAMATION. 8C. RESOLUTION NO Adopting Rules of Procedures for the City Commission. BACKGROUND: Charter Section 4.5 states the City Commission shall by resolution or ordinance determine its own rules of procedures, may punish its own members for misconduct and may compel attendance. The majority of the members of the City Commission shall constitute a quorum to do business. A smaller number may adjourn. The Indian Rocks Beach City Charter authorizes the City Commission to establish the time and place of its meetings, to designate a place for posting agendas, and determining its own rules and order of business. Page 14 of 27

15 ANALYSIS: Resolution No has been reviewed by the City Attorney and the City Manager. Resolution No sets forth the following rules and procedures for the City Commission: Designating the time and place for City Commission Meetings and Work Sessions. The order of the agenda. Limitation on public and City Commission comments. Robert s Rules of Order Revised shall be a guide for the conduct of all meetings. Rules of debate. Procedures for approval of ordinances on first reading. Procedures for public hearings. Procedures for adoption of resolutions. Procedures for quasi judicial public hearings. Procedures for placing new items on the work session agenda for discussion. Ex-parte communications. Decorum and order. Emergency ordinance. Telephone poll of the City Commission. City Commission s mail (incoming/outgoing). City Commission s (incoming/outgoing). City Attorney Kiefer read Resolution No by title only. City Manager Coward stated these are the same rules of procedure that have been in place for the last several years, and staff does not recommend any changes at this time. MOTION MADE BY COMMISSIONER WOLLIN, SECONDED BY VICE MAYOR TORRES, TO APPROVE RESOLUTION NO , ADOPTING RULES OF PROCEDURES FOR THE CITY COMMISSION. UNANIMOUS APPROVAL BY ACCLAMATION. 8D. RESOLUTION NO Appointing a voting delegate and first and second alternate voting delegates to represent the City at the Barrier Islands Governmental Council (BIG-C) meetings. Page 15 of 27

16 BACKGROUND: The BIG-C By-Laws, Article III, Section 2, Representation, states that all elected officials of each municipality shall be members of the Council, one of whom shall be appointed by the municipality as the voting delegate. Each municipality may appoint other elected officials as alternate voting delegates. Each municipality shall designate their delegates in writing. Delegate #1 - Name - Voting Delegate. Delegate #2 - Name - Alternate to Delegate #1. Delegate #3 - Name - Alternate to Delegate #2. An Alternate Voting Delegate may vote when the Voting Delegate is absent. Each City is entitled to one vote. The object of the BIG-C is to stimulate communications between the barrier islands cities to focus on problems common to all, including but not limited to: tourism, recycling, public transportation, beach preservation, renourishment and access, marine environment, air and water quality, public safety, density management, waterway regulation, taxation based on permanent residents and average transient population, to unite and be able to have one voice addressing the County, State, and Federal governments while respecting the individuality of each. April, April, Voting Delegates Commissioner Terry Hamilton-Wollin - Voting Delegate Commissioner Daniel J. Torres - 1st Alternate nd Commissioner Phil J. Hanna - 2 Alternate ANALYSIS: The City Commission needs to appoint a Voting Delegate and two Alternate Voting Delegates to the BIG-C. The BIG-C meetings are held the last Wednesday of each month at 9 a.m., with the location rotating between the member cities. City Attorney Kiefer read Resolution No by title only. Commissioner Kennedy nominated Commissioner Wollin as the voting delegate, st nd with Commissioner Hanna as the 1 alternate, and Vice Mayor Torres as the 2 alternate. MOTION MADE BY VICE MAYOR KENNEDY, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE RESOLUTION NO , Page 16 of 27

17 APPOINTING COMMISSIONER WOLLIN AS THE CITY S VOTING DELEGATE AT THE BIG-C MEETINGS WITH COMMISSIONER HANNA AS THE FIRST ALTERNATE VOTING DELEGATE, AND COMMISSIONER KENNEDY AS THE SECOND ALTERNATE VOTING DELEGATE. UNANIMOUS APPROVAL BY ACCLAMATION. 8E. RESOLUTION NO Designating members of the City Commission to serve on the Suncoast League of Cities Board of Directors. BACKGROUND: The mission of the Suncoast League of Cities (hereinafter referred to as the League ) is to advocate for and protect the interests of the cities and towns of the Suncoast Region and to facilitate a spirit of cooperation and consensus building among members. The goals of the League are to provide a network among elected officials, to speak in one voice to the Legislature, to educate elected officials, and to provide advocacy. The membership of the League shall include all municipal corporations in the counties of Citrus, Hernando, Hillsborough, Pasco, and Pinellas are all eligible for membership in the League. At its March 20, 2004 meeting, the League approved several changes to its By- Laws. One of the most important changes was a reconfiguration of the Board of Directors. From here forward, each member organization of the League will have a seat on the Board of Directors. The League s By-Laws, Board of Directors, states the business of the League shall be managed by a Board of Directors, which shall consist of one duly designated representative from each member municipality and the League s immediate Past President. The League s By-Laws, Board of Directors, state that each member municipality shall designate one of its elected governing board members to serve as a Director, and one of its elected governing board members to serve as an alternate Director to the League for one year commencing at the date of the membership meeting in May of each year. Page 17 of 27

18 ANALYSIS: The City Commission needs to designate a member to serve as a Director and one additional person to serve as an alternate. The term will be from May 1, 2010 through April 30, New Board Members will be sworn in at the League s Annual Conference during the Saturday evening Banquet, which is scheduled for May 22, The event will be held in St. Petersburg. The first official meeting of the new Board of Directors will be in June, New Board Members or their Alternate will be required to attend bimonthly Board meetings thereafter. Commissioner Kennedy serves on the Board of Directors with Mayor Johnson serving as the alternate. City Attorney Kiefer read Resolution No by title only. Commissioner Wollin nominated Commissioner Kennedy as the voting delegate, with Mayor Johnson as the alternate. MOTION MADE BY COMMISSIONER WOLLIN, SECONDED BY COMMISSIONER HANNA, TO APPROVE RESOLUTION NO , DESIGNATING COMMISSIONER KENNEDY TO SERVE AS THE DIRECTOR WITH MAYOR JOHNSON AS THE ALTERNATE ON THE LEAGUE S BOARD OF DIRECTORS. UNANIMOUS APPROVAL BY ACCLAMATION. 8F. RESOLUTION NO Authorizing the City Manager to enter into an interlocal agreement for parking device(s) with Pinellas County for the purpose of collecting parking fees in the Pinellas County Parking Lot (1700 Gulf Boulevard) to be operated and maintained by the City for use by the public. BACKGROUND: On June 19, 1996, the City Commission passed Resolution No , authorizing the City Manager to enter into an Interlocal Agreement with Pinellas County for the purpose of collecting parking fees in the property owned by Pinellas County, located at 1700 Gulf Boulevard. Page 18 of 27

19 The City has installed, maintained, and collected parking fees in the subject property owned by Pinellas County under the Interlocal Agreement since January of The gross receipts less applicable State sales tax are shared on the basis of 60% to City and 40% to Pinellas County. ANALYSIS: In September of 2009, Dave DelMonte, Manager, Lease Management, Pinellas County, met with the City Manager and the Public Services Director in regard to updating and formalizing the Interlocal Agreement to be more consistent with other Interlocal Agreement s throughout the barrier island communities. The Interlocal Agreement will allow for similar activities to take place; however, with the following changes: IRB will be responsible for maintenance of landscaping (at a service level negotiated by both parties); IRB will be responsible for maintenance of the restrooms (at a service level negotiated by both parties); Upon any cancellation, all parking devices and appurtenances previously installed by the City on the premises will become the property of Pinellas County to continue the use of the premises as a beach parking lot; Should Pinellas County discontinue the use of the property as a beach parking lot, IRB will retain ownership of parking devices. Upon a review of the applicable changes to the Interlocal Agreement along with the review of a revenue/expenditure analysis, staff is presenting this and is seeking the City Commission s consideration and approval of same. FISCAL IMPACT: The following table depicts a three year period of revenues, payments, and expenditures: 2007/2008 Gross Receipts Sales Tax County (40%) City (60%) Expenses Net 76,541 30, , , , /2009 Gross Receipts Sales Tax County (40%) City (60%) Expenses Net 79, , , , , , / Quarter st Gross Receipts Sales Tax County (40%) City (60%) Expenses Net Page 19 of 27

20 9, , , , It should be noted that with the additional maintenance responsibilities, the City will incur additional costs, which are estimated at $7,000 annually. City Attorney Kiefer read Resolution No by title only. City Manager Coward presented the Agenda Memorandum. He summarized that Pinellas County plans to renegotiate all of its parking lot agreements along the Gulf beaches as they want them to be relatively uniform. He explained that currently the City receives a 60% split with the County receiving 40% from the parking meter revenue. The County is asking for a 50/50 split. He advised that St. Pete Beach and Redington Shores have signed off on that agreement and Madeira Beach gave the parking lot back to the County then changed their mind because 50% is better than nothing. City Manager Coward explained that staff s intent was to recommend accepting the 50/50 split; however, the County has approached the City suggesting to leave it as 60/40 split if the City takes over the maintenance of the bathrooms and the landscaping. He explained that research indicated that the City could perform that maintenance at less cost than the 10%. He advised that the City receives approximately $75,000 per year and the conservative high estimate for the maintenance is $7,000; therefore, staff s recommendation is to accept the 60/40 split agreeing to the extra maintenance. Public Services Director Scharmen explained that the plan is for City staff to do as much of the maintenance as possible during the week and to contract out the rest of the work on the weekends. Commissioner Hanna asked how the agreement would cover repairs. Public Services Director Scharmen explained that the City will only be responsible for the janitorial services and the County will do any repairs. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY VICE MAYOR TORRES, TO APPROVE RESOLUTION NO , AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT FOR PARKING DEVICE(S) WITH PINELLAS COUNTY FOR THE PURPOSE OF COLLECTING PARKING FEES IN THE PINELLAS COUNTY PARKING LOT (1700 GULF BOULEVARD) TO BE OPERATED AND MAINTAINED BY THE CITY FOR USE BY THE PUBLIC. UNANIMOUS APPROVAL BY ACCLAMATION. Page 20 of 27

21 8G. RESOLUTION NO Appointing residents to serve on the Environmental Stewardship Board due to the expiration of terms. BACKGROUND: Chapter 2, Division 8, Environmental Stewardship Board, establishes the Environmental Stewardship Board. Section 2-249, Terms of Office; Forfeiture of Office; Quorum, Subsection A, Term of Office: Term of office. The term of office for each regular member of the environmental stewardship board shall be for two years; however; in order to provide continuity, three (3) initial members shall be appointed for a one (1) year term of office and thereafter all members shall be appointed to two (2) year terms. The Mayor and each City Commissioner shall nominate one regular member to be appointed to the Board, which nomination shall be confirmed and approved by the City Commission as a whole. The term of office shall run concurrent with the City Commission Member s term. The two alternate members shall be appointed for terms of two years. ANALYSIS: The current members of the Environmental Stewardship Board are: Scott Holmes, Chair (Commissioner Wollin) Christian Harms, Vice Chair (Mayor Johnson) Jill Ginter, Board Member (Commissioner Kennedy) Becky Griffin, Board Member (Commissioner Torres) Carol McGlaughlin, Board Member (Commissioner Hanna) st Ted Simon, 1 Alternate (At-Large) nd Vacant, 2 Alternate (At-Large) The terms of Board Member Harms (Mayor Johnson), Board Member Griffin (Commissioner Torres), and Board Member Ginter (Commissioner Kennedy) will expire on March 30, Board Members Harms and Griffin advised that they are not interested in being reappointed to the Environmental Stewardship Board. City Attorney Kiefer read Resolution No by title only. MOTION CARRIED BY VICE MAYOR TORRES, SECONDED BY COMMISSIONER KENNEDY, TO APPROVE RESOLUTION NO , REAPPOINTING JILL GINTER (COMMISSIONER KENNEDY), Page 21 of 27

22 APPOINTING TED SIMON (COMMISSIONER TORRES), AND APPOINTING ROD BAKER (MAYOR JOHNSON). UNANIMOUS APPROVAL BY ACCLAMATION. 8H. RESOLUTION NO Appointing residents to serve on the Library Advisory Board due to the expiration of terms. BACKGROUND: Chapter 2, Administration, Division 10, Library Advisory Board, of the Code of Ordinances for the City of Indian Rocks Beach, Florida, creates a Library Advisory Board. Code Section 2-256, Terms of Office; Forfeiture of Office; Quorum, Subsection A, Term of Office: The term of office for members of the Library Advisory Board shall be staggered terms of two years. The Mayor-Commissioner and each City Commissioner shall nominate one member to be appointed to the Board, which nomination shall be confirmed and approved by the City Commission as a whole. The term of office shall run concurrent with the City Commission Member s term. ANALYSIS: The City s Municipal General Election was held on March 9, The following residents were appointed to the Library Advisory Board on January 13, 2009, through Resolution No , and whose terms expire on March 30, 2010: Vivian Nolan; (Mayor Johnson); Hank Johnson (Commissioner Kennedy); and Karen Waters (Commissioner Torres). James J. Driscoll (Commissioner Wollin) and Emily Maney (Commissioner Hanna) were reappointed to the Library Advisory Board on March 24, 2009, through Resolution No , whose terms will expire on March 30, Library Advisory Board appointments run concurrent with City Commission Member s term of office. City Attorney Kiefer read Resolution No by title only. Commissioner Kennedy stated that she did not have a nomination at this time for her appointment. MOTION MADE BY VICE MAYOR TORRES, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE RESOLUTION NO , Page 22 of 27

23 REAPPOINTING VIVIAN NOLAN (MAYOR JOHNSON) AND KAREN WATERS (COMMISSIONER TORRES) TO THE LIBRARY ADVISORY BOARD WITH TERMS EXPIRING MARCH 31, 2012, WITH COMMISSIONER KENNEDY S APPOINTMENT BEING LEFT UNFILLED AT THIS TIME. UNANIMOUS APPROVAL BY ACCLAMATION. 8I. RESOLUTION NO Appointing an elector to serve on the Planning and Zoning Board to a fill vacancy created by the resignation of Regular Board Member Steven Cohen. BACKGROUND: Currently, there exists one vacancy on the Planning and Zoning Board due to the resignation of Regular Board Member Steven Cohen. The current members of the Planning and Zoning Board are: Steven Cohen, Vice Chair - Resigned Larry King Rick McFall, Chair Michael McGlaughlin Patti Muneio Gordon Obarski Rogers Quimby st Diane Flagg - 1 Alternate nd Gene DeLucia - 2 Alternate City Charter Sec City Planning and Zoning Board. There shall be a City Planning and Zoning Board consisting of seven members and two alternate members appointed by the City Commission for terms of two years, said appointments to be made from the electors of the City. Members of the City Planning and Zoning Board shall make recommendations to the City Commission and City Manager on all matters affecting the physical development of the City, shall be consulted on the comprehensive plan and the implementation thereof and shall exercise all other responsibilities as may be provided by the law or may be assigned to them by the City Commission from time to time. All recommendations shall be placed on the next available Commission Agenda Meeting subject to proper advertising. City Code Sec Established; Membership. Page 23 of 27

24 (a) (b) (c) A Planning and Zoning Board is created as provided in Section 13.2 of the Charter. Appointments shall be made in accordance with applicable laws and ordinances on the basis of experience or interest in the areas of planning, zoning and physical development of the City. The membership of the Planning and Zoning Board should, whenever possible, include an engineer, a real estate broker, a businessman and an architect. City Code Sec Filling of Vacancies. When and at such time as a vacancy occurs in the membership of the Planning and Zoning Board, the City Commission shall appoint the first alternate to fill the unexpired term of the vacancy. The second alternate shall then become the first alternate and the City Commission shall appoint a new second alternate for a two-year term. City Attorney Kiefer read Resolution No by title only. Commissioner Kennedy nominated Nick DiCeglie to serve on the Planning and nd Zoning Board as 2 Alternate. MOTION MADE BY VICE MAYOR KENNEDY, SECONDED BY COMMISSIONER WOLLIN, TO APPROVE RESOLUTION NO , APPOINTING DIANE FLAGG AS A REGULAR BOARD MEMBER TO FILL THE UNEXPIRED TERM OF STEVEN COHEN, WHOSE TERM EXPIRES ST MAY 31, 2011; APPOINTING GENE DELUCIA AS THE 1 ALTERNATE BOARD MEMBER TO FILL THE UNEXPIRED TERM OF DIANE FLAGG, WHOSE TERM EXPIRES MAY 31, 2011; AND APPOINTING NICK ND DICEGLIE AS THE 2 ALTERNATE BOARD MEMBER WITH A TERM EXPIRING MAY 31, UNANIMOUS APPROVAL BY ACCLAMATION. 8J. RESOLUTION NO Authorizing the expenditure of $1,000 for membership to the Beach Welcome Center. BACKGROUND: The Beach Welcome Center is requesting the City s support for 2010, by becoming a member of the Center at a cost of $1,000. The Beach th Welcome Center is located at Avenue in Indian Rocks Beach. Page 24 of 27

25 The Beach Welcome Center helps over 1,000 visitors a week during season. The Center gives its member businesses the visibility they require through its Center. The Beach Welcome Center is opened Monday through Friday from 9:00 a.m. to 5:00 p.m., and on Saturdays in season. Information is also made available 24 hours a day through its website at and through its info kiosk out front. The Beach Welcome Center publishes a visitor guide book, provides free referrals through its Center, free listings on its website, free listings in its visitors guide book, newsletters, advertising on area maps, advertises all neighborhood events, and promotes all community events. The Beach Welcome Center has been privately funded for the last four years; receiving no grants from the County, State, or any other large group. The City has been a member in the past, but not for the last two to three years. If the City Commission desires to support the Beach Welcome Center, funding would be available in the City Commission Budget. City Attorney Kiefer read Resolution No by title only. City Manager Coward presented the Agenda Memorandum. He reviewed that the City Commission has heard a presentation on the Beach Welcome Center and that he has spoken with Mr. Plumlee about the City becoming an active member in this organization. He noted that Indian Shores and Redington Beach are participants in the Beach Welcome Center that is actually located in Indian Rocks Beach. He stated the City has not been a member in recent years, but has been a member in the past. City Manager Coward advised this is not a budgeted item; however, funds could be made available from the City Commission budget without going over budget with this expense. Todd Plumlee, of the Beach Welcome Center, requested the City s support of the Beach Welcome Center and explained the services offered by the Beach Welcome Center to its members. Commissioner Torres asked if the City could have input into the visitor s guide on the articles and information on the City. To which Mr. Plumlee responded yes. Page 25 of 27

26 Commissioner Hanna complimented Mr. Plumlee and his organization; stating that the Beach Welcome Center has been good for his small business and that the staff is supportive of Indian Rocks Beach. Mayor Johnson agreed with Commissioner Torres that if the City supports the Beach Welcome Center with public funds that the City should have some input about what is being promoted as far as the atmosphere of Indian Rocks Beach and its amenities as a whole. MOTION MADE BY COMMISSIONER TORRES, SECONDED BY COMMISSIONER HANNA TO APPROVE RESOLUTION NO , AUTHORIZING THE EXPENDITURE OF $1,000 FOR MEMBERSHIP TO THE BEACH WELCOME CENTER. Commissioner Torres noted his support of the Beach Welcome Center because of the request coming from someone who is extremely active in the community and making Indian Rocks Beach well known because of their love of the City; whereas, the monetary support would be questionable if it were coming from a source outside the City. Vice Mayor Kennedy suggested that the City s events also be published in the visitor s guide, with Mr. Plumlee responding that monthly calendars are available at the Beach Welcome Center and also on their website. Mayor Johnson agreed with the positive comments about Mr. Plumlee s reputation in doing good things for and being involved in Indian Rocks Beach and that this will be a good investment for the City. UNANIMOUS APPROVAL BY ACCLAMATION. 9. ORDINANCES, first reading: None. 10. WORK SESSION ITEMS (DISCUSSION ONLY): None. 11. CITIZEN PARTICIPATION. None. 12. OTHER BUSINESS. None. 13. ADJOURNMENT. Page 26 of 27

27 MOTION MADE BY COMMISSIONER WOLLIN, SECONDED BY COMMISSIONER HANNA, TO ADJOURN THE MEETING AT 9:05 P.M. UNANIMOUS APPROVAL BY ACCLAMATION. April 13, 2010 Date Approved R.B. Johnson, Mayor-Commissioner ATTEST: Deanne Bulino O Reilly, MMC, City Clerk Page 27 of 27