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 Tuesday, March 24, 2009, 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 Vice Mayor-Commissioner Terry Hamilton-Wollin Commissioner Joanne Cookie Kennedy Commissioner Daniel J. Torres Commissioner Bert Valery City Manager Charles S. Coward City Attorney Maura J. Kiefer City Clerk Deanne Bulino O Reilly City Treasurer M. Earl Sandy Sanders Public Services Director Dean A. Scharmen Planning and Zoning Director Danny E. Taylor 1. PRESENTATIONS. None. 2. RECOGNITION OF DEPARTING CITY COMMISSIONER. Mayor Johnson presented a plaque to outgoing City Commissioner Valery acknowledging his time and dedication to the City. 3. ADMINISTRATION OF OATH TO NEWLY-ELECTED OFFICIALS AND NEWLY-APPOINTED CITY MANAGER. Mayor Johnson introduced Circuit County Judge George Jirokta, who thereafter administered the oath of office to Newly-Elected City Commissioner Terry Hamilton-Wollin and Newly-Elected City Commissioner Phil J. Hanna, and Newly-Appointed City Manager Charles S. Coward. 4. REMARKS FROM NEWLY-ELECTED OFFICIALS. None. 5. ADJOURNMENT SINE DIE. Motion made by Commissioner Valery, seconded by Vice Mayor Wollin,

2 to adjourn a sine die at 7:15 p.m. Mayor-Commissioner Johnson called the meeting to order at 7:26 p.m. PRESENT: Mayor-Commissioner R.B. Johnson Commissioner Terry Hamilton-Wollin Commissioner Phil J. Hanna Commissioner Joanne Cookie Kennedy Commissioner Daniel J. Torres City Manager Charles S. Coward City Attorney Maura J. Kiefer City Clerk Deanne Bulino O Reilly City Treasurer M. Earl Sandy Sanders Public Services Director Dean A. Scharmen Planning and Zoning Director Danny E. Taylor 6. PUBLIC COMMENTS. Marilyn Sole, 420 Gulf Boulevard, Pier House Condominiums, stated that the Pier House Condominium Association forwarded a letter to the City detailing the problems they have been experiencing with the amplified music coming from Crabby Bill s Loading Zone, 401 Gulf Boulevard. She explained that her bedrooms face Gulf Boulevard and that she hears the amplified music until it ends, even with her hurricane shutters down. She further stated the City Commission should take into consideration the effects the amplified music is having on surrounding property owners and encouraged the City Commission not to extend the hours for amplified sounds from 10:00 p.m. to 11:00 p.m., for businesses located in the Business District Triangle. City Manager Coward advised the City has requested that Crabby Bill s Seafood Management relocate their entertainer; explaining the entertainer currently sits on the south side facing north to northwest, which is pretty much directly at the Pier House Condominiums. He stated that Crabby Bill s Seafood Management will be moving the entertainer to the north facing south, so the entertainer will be on the north part of the property, facing to the southeast. The entertainer s relocation will happen some time this week. Mark Bodine, 2402 Gulf Boulevard, Resort Manager for Camaron Cove Resort, stated that he has appeared before the City Commission to complain about the noise that comes from Cuso s Club and Cantina, 2405 Gulf Boulevard, since they opened a couple of years ago. He further stated that the City and the Pinellas County Sheriff s Office have addressed the issue; however, he feels that the noise is borderline.

3 7. ORGANIZATIONAL REMARKS. Bob Griffin, President of the IRB Boat Club, advised that the Club participated in The Great American Cleanup and used their vessels to pick up trash in the Intracoastal Waterways. Mr. Griffin invited the public and the City Commission to the Club s monthly meetings, which are held at Marlin Time inside of Brewmasters Restaurant, 401-2nd Street, on the third Thursday at 7:00 p.m. Patti Muneio, President of the Indian Rocks Historical Society and Museum, stated that since the museum was relocated to Chic-A-Si Park, the visitor traffic has increased from 700 to 1,400 per year. She stated that the Indian Rocks Historical Society and Museum has discussed the issue of expanding the museum and stated that they have conducted and paid for a use/needs assessment. She advised once the results have been received, the information will be presented to the City. Ms. Muneio invited the public and the City Commission to the Third Year Homes Tour of Historic Indian Rocks Beach on March 28, 2009 from 11:00 a.m. to 4:00 p.m. 8. CONSENT AGENDA: A. CONFIRMING ACTION TAKEN during the March 2, 2009 Special City Commission Meeting. B. APPROVAL OF the February 10, 2009 City Commission Work Session Minutes. C. APPROVAL OF the February 10, 2009 Regular City Commission Minutes. D. APPROVAL OF the February 16, 2009 Special City Commission Minutes. E. APPROVAL OF the February 26, 2009 Regular City Commission Minutes. F. APPROVAL OF the March 2, 2009 Special City Commission Minutes. G. RESOLUTION NO Reappointing Board Members James J. Driscoll and Emily Maney to serve on the Library Advisory Board due to the expiration of terms. H. RESOLUTION NO Reappointing Board Members Scott A. Holmes and Carol McGlaughlin to serve on the Environmental Stewardship Board due to the expiration of st terms; and appointing 1 Alternate Board Member Jill Ginter as a regular board member due to the resignation of Board Member Patricia G. Donovan. I. RESOLUTION NO Designating an Acting City Manager in the absence or disability of the City Manager, per City Charter Section 5.4, Acting City Manager.

4 City Attorney Kiefer read the Consent Agenda, consisting of Agenda Item No. 8A through 8I, by title only. Motion made by Commissioner Kennedy, seconded by Commissioner Wollin, to approve the Consent Agenda, consisting of Agenda Item No. 8A through 8I. Unanimous approval by acclamation. 9A. RESOLUTION NO /BOA CASE NO QUASI- JUDICIAL PUBLIC HEARING. Considering a variance request of 6.39 feet to the required 10 foot rear yard setback at st Street. [Official Publication Date: March 11, 2009.] BACKGROUND: Since 2003 Richard and Maria Wodzinski have been involved with the construction of a duplex at st Street. They are represented by Stan McFarland, who provided a detailed narrative of how the Wodzinski s now come before the City Commission to request a variance in the rear yard setback. Both the applicants and the City have relied upon information and surveys that now appear to be conflicting. All of this brings into question where the rear yard setback should have been measured from for this particular property. Two surveys show two different locations. In initial submittals and reviews, the applicants and City measured the rear yard setback from the center of what appeared to have been a vacated 10 foot-wide alley. As construction nears completion, a second survey indicates that the alley was not vacated in the center, leaving 5 feet to each adjoining property owner, but instead, the entire 10 foot alley was vacated to the property owner to the east, Church of the Isles, leaving the substantially completed duplex 3.61 feet from the rear property line. A second error that occurred in locating the structure on the property involves increasing the front yard setback from 25 feet to feet. No variance is needed to increase the front yard setback, but this action does serve to further illustrate the error made in reliance on the initial mis-location of the structure on the property. Owner: Representative: Location: Zoning: Richard and Maria Wodzinski Stan McFarland st Street RM-1(Duplex) SITE INFORMATION: Property Size: 7,200 square foot

5 Current Use: Duplex under construction SURROUNDING ZONING Direction Zoning Category North RM1 East Public-Semi-public (COTI) South RM1 West RM2 ANALYSIS - CODE SECTIONS AND REVIEW CRITERIA: Sec Variances. (a) Generally; criteria for granting variances. (1) The board of adjustments and appeals shall recommend the authorization upon appeal, after public notice has been given and a public hearing held, of such variance from the terms of subpart B as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of subpart B will result in unnecessary and undue hardship. In order to authorize any variance from the terms of subpart B, the board shall consider each of the following: a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The location of the vacated alley relative to the rear property line may be unique to properties adjacent to Church of the Isles. b. Special conditions and circumstances do not result from the actions of the applicant. The applicant relied on two different and conflicting surveys in trying to properly locate the structure on the property. c. Granting the variance will not confer on the applicant any special privilege that is denied by the chapter to other lands, structures, or buildings in the same zoning district. Granting the variance will allow the applicant to secure and finalize the location of the duplex residential structure (almost complete). d. The literal interpretation of the provisions of Chapter 110 would deprive other properties in the same zoning district under the terms of Chapter 110 and would work unnecessary and undue hardship upon the applicant. The literal interpretation of the Chapter 110 prohibits encroachment into the rear yard setbacks. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure or building. This is the minimum variance.

6 f. The granting of the variance will be in harmony with the general intent and purpose of Chapter 110, and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will allow the applicant to secure a certificate of occupancy. PUBLIC NOTICE REQUIREMENT: A notice was mailed by first class mail to the property owners within 150 feet in any direction of the subject property on March 9, Notice was posted on the subject property on March 9, 2009 per Section of the Code of Ordinances. PUBLIC CORRESPONDENCE: Bruce and Daniele Wilson submitted a letter of support. BOA RECOMMENDATION: Recommends that the variance be granted. STAFF RECOMMENDATION and COMMENTS: Based upon the variance review criteria of Code Section , staff recommends disapproval. Pursuant to a legal notice published in the March 11, 2009 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. Mayor Johnson, Commissioner Hanna, and Commissioner Wollin disclosed for the record that they had visited the property. Commissioner Kennedy disclosed for the record that she visited the property and that the title agency agent is a member of her family; however, she has no financial interest in the business. Commissioner Torres disclosed for the record that a family member owns the property next door. City Attorney Kiefer advised she sees no conflict in the issues disclosed. Mayor Johnson opened the public hearing.

7 Upon the request of Mayor Johnson, all persons planning to give testimony during the public hearing were duly sworn in by the City Clerk. Planning Director Taylor presented the Agenda Memorandum and a PowerPoint presentation explaining the after-the-fact variance request. He reviewed the discrepancy in a second survey from the initial survey in the depiction of rear property line in relation to the rear of the structure. th Stan MacFarland, Avenue, Agent/Representative for the applicants, Richard and Maria Wodzinski, owners of the property located at st Street. Mr. MacFarland explained that after being well along with construction, the applicants learned there was a serious error when they purchased the property in terms of what they were acquiring, which was compounded by errors made by the surveyor and the architect, and which they became aware of through the Building Official. He explained the steps taken after discovering the problems, noting that Progress Energy of Florida does not have a recorded easement on the property; however, by virtue of the fact that the Church of the Isles, 2408 Bay Boulevard, owns the parking lot area, Progress Energy of Florida has the lines there at their sufferance. He explained this is contrary to what Progress Energy of Florida is required to do as he understands it and as far as what the City would require when an alley is vacated. Mr. MacFarland addressed the vacation of the alley explaining that the applicants were provided a survey by the Church of the Isles and the Church of the Isles title company did the paperwork with the survey suggesting that the alley had been vacated and showed the center line of the vacated alley; however, what was never disclosed was that in 1964, when the alley was abandoned by Pinellas County, the owners of those two lots, the Wodzinksis lot and the adjoining lot, conveyed their 5 feet of vacated alley to the Church of the Isles so the Church of the Isles ended up owning the entire 10 feet of alleyway; however, that was never made of record and they allowed Progress Energy of Florida to put in their lines. He explained that they have attempted to work with the Church of the Isles to grant a permanent conditional easement or sell the 5 feet, which was declined. He stated the fact that as construction commenced on the property, nothing was said by those who knew about the alley vacation and the discrepancy in the surveys. He explained that the Wodzinskis acted in good faith and depended on professionals, and there was no mention in the title work that would suggest that they did or did not obtain the 5 feet of the vacated alley. He explained that with the cooperation of City officials and staff, they have filed for a variance request. He stated that he feels there would be no adverse effect aesthetically or from a safety standpoint for the surrounding neighbors. He noted that a variance of 6.39 feet is needed to be legal.

8 Seeing and/or hearing no one else wishing to speak, Mayor Johnson closed the public hearing. Motion made by Commissioner Wollin, seconded by Commissioner Hanna, to approve Resolution No /BOA Case No , granting a variance of 6.39 feet to the required 10 foot rear yard st setback at Street, Indian Rocks Beach, Florida, and legally described as Lot 5, Block 10, Re-Revised Map of Indian Rocks Sub as recorded in Plat 5, Page 6 of Public Records, Pinellas County, Florida. ROLL CALL VOTE: Hanna - Yes. Kennedy - Yes. Wollin - Yes. Torres - Yes. Johnson - Yes. Motion approved unanimously. 9B. RESOLUTION NO /BOA CASE NO QUASI- JUDICIAL PUBLIC HEARING. Considering a variance request to allow a new sign to be placed on property without the required landscape area of 20 square feet, located at 2402 Gulf Boulevard. [Official Publication Date: March 11, 2009.] BACKGROUND: The applicant requests a variance from Code Section (c)(6). The sign shall be located in a landscaped area of at least 20 square feet. The applicant intends to replace the non-conforming sign with a new sign at the exact same location on the property. The new sign will comply with Code, except for the 20 square feet of required landscaping. If the 20 square feet of landscaping is enforced, then the applicant may lose two parking spaces. Owner: Representative: Location: Zoning: Property Size: Current Use: Camaron Cove Resort Mark Bodine 2402 Gulf Boulevard CT (Commercial Tourist) 52,403 square foot 40 unit time share/condo with 60 parking spaces Surrounding Zoning: Direction North East South Zoning Category CT-Commercial Tourist B-Business CT-Commercial Tourist

9 West N/A Pursuant to a legal notice published in the March 11, 2009 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 ANALYSIS - CODE SECTIONS AND REVIEW CRITERIA: Sec Variances. (a) Generally; criteria for granting variances. (1) The board of adjustments and appeals shall recommend the authorization upon appeal, after public notice has been given and a public hearing held, of such variance from the terms of subpart B as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of subpart B will result in unnecessary and undue hardship. In order to authorize any variance from the terms of subpart B, the board shall consider each of the following: a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The property is similar to other developed properties on the west side of Gulf Boulevard. b. Special conditions and circumstances do not result from the actions of the applicant. There are no special conditions or circumstances. c. Granting the variance will not confer on the applicant any special privilege that is denied by subpart B to other lands, structures, or buildings in the same zoning district. Other properties in Indian Rocks Beach will have to bring non-conforming signs into compliance by July 22, d. The literal interpretation of the provisions of subpart B would deprive other properties in the same zoning district under the terms of subpart B and would work unnecessary and undue hardship upon the applicant. The literal interpretation of the provisions of Subpart B would not deprive other properties in the same zoning district under the terms of Subpart B and would not work unnecessary and undue hardship upon the applicant. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure or building. Any variance granted would have to be the minimum. f. The granting of the variance will be in harmony with the general intent and purpose of Subpart B, and that such variance will not be injurious to the area involved or be otherwise detrimental to the

10 public welfare. The granting of a variance would be inconsistent with Code Section (d): All nonconforming signs shall be replaced with conforming signs within seven years of the effective date of this section. (July 22,2009). ADDITIONAL INFORMATION: Camaron Cove received a certificate of occupancy on July 20, 1982, for 40 units and 60 parking spaces. The occupational license ($110) is current and allows for real estate sales and rentals. PUBLIC NOTICE REQUIREMENT: A notice was mailed by first class mail to the property owners within 150 feet in any direction of the subject property on March 9, Notice was posted on the subject property on March 9, 2009 per Section of the Code of Ordinances. PUBLIC CORRESPONDENCE: Eric Meyer and Diane Flagg, 2316 Gulf Boulevard, submitted a letter of support. BOA RECOMMENDATION: The Board recommended approval by a vote of 4 to 0. STAFF RECOMMENDATION AND COMMENTS: Based upon the variance review criteria of Code Section staff recommends disapproval. 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. Commissioners Hanna, Kennedy, Torres, and Wollin, and Mayor Johnson disclosed that they visited the property. Mayor Johnson opened the public hearing. Upon the request of Mayor Johnson, all persons planning to give testimony during the public hearing were duly sworn in by the City Clerk. Planning Director Taylor presented the Agenda Memorandum and a PowerPoint presentation depicting the location of the property and proposal for a sign including dimensions, photographs of the surrounding properties, and the existing sign. He explained that 20 square feet of landscaping would be required for the new sign in order to bring it into compliance and the variance request is not to have to meet that requirement.

11 Mark Bodine, Resort Manager for Camaron Cove Resort, 2402 Gulf Boulevard, commented on the type of resort, which is a 40-unit timeshare, with weekly ownership and people coming in from all over the world to Indian Rocks Beach. He stated that an important aspect is identification of the resort for people who have never been there before. He referred to the photograph of the proposed sign that would be closer to Gulf Boulevard; meeting the setback requirement rather than the parking lot area. He noted that the parking lot goes right to the setback along Gulf Boulevard as a result of the improvements to Gulf Boulevard in 1989; and at the time, they had a nice sign up front, but it was taken down and they had to apply and be approved for a new sign and the existing sign was approved. He stated now 20 years later, the City has new sign requirements that include landscaping around the base. He explained the variance request is for the landscaping because no one will see the landscaping because of the hedges that have always been there, which line the property. He explained they looked at how to comply with the new requirements, but putting the sign in the green area where the oaks trees are, no one would be able to see the sign, and he questioned if the City would allow them to take down the oaks for placement in order to see the sign. He stated that the hardship is being able to find a place on the property. He explained that the City approved the sign right in the parking lot and the resort meets the required 1.5 parking spaces per unit with 60 spaces and the only way to put green space around the sign would mean the loss of two parking spaces in order to meet the City s landscaping requirements; however, then they would not be in compliance with the parking requirements. He explained the proposal to install a sign that would comply with the new Sign Ordinance in the same area as the existing sign, would be by asking for a variance on the green space. Commissioner Hanna stated he counted the parking spaces on the property, and he saw two staff parking spots and it was difficult to tell if two spots were not used or not painted, with Mr. Bodine explaining they are not legal parking spaces. Commissioner Hanna suggested a place that would take away only one parking space, with Mr. Bodine noting that would bring them below the required 1.5 spaces per unit. Commissioner Kennedy commented that there is quite a bit of landscaping now, and she was hoping that it would be cut down a bit. Mr. Bodine stated that is his intent to cut it down some so the sign would be visible, noting that the hedges give a good buffer now. Commissioner Kennedy commented that, as Mr. Bodine stated, the question is where would the sign be installed without a variance. Seeing and/or hearing no one wishing to speak, Mayor Johnson closed the public hearing.

12 Motion made by Commissioner Kennedy, seconded by Commissioner Torres, to approve Resolution No /BOA Case No , granting a variance to allow a new sign to be placed on property without the required landscape area of 20 square feet, located at 2402 Gulf Boulevard, Indian Rocks Beach, Florida, and legally described as Camaron Cove Resort Condo as recorded in Plat 065, Page of Public Records, Pinellas County, Florida. ROLL CALL VOTE: Hanna - Yes. Kennedy - Yes. Wollin - Yes. Torres - Yes. Johnson - Yes. Motion approved unanimously. 10A. 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 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 24, 2009, and shall expire on City Commission s first regular meeting following certification of the March 9, 2010 Municipal General Election results. City Attorney Kiefer read Resolution No by title only. Mayor Johnson asked for nominations for Vice Mayor. Commissioner Wollin nominated Commissioner Kennedy for Vice Mayor. Motion made by Commissioner Torres, seconded by Commissioner Wollin, to approve Resolution No , appointing Commissioner Kennedy as Vice Mayor-Commissioner.

13 Unanimous approval by acclamation. 10B. 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 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. Joanne Cookie Kennedy, Vice Mayor/Commissioner 3. Charles S. Coward, City Manager 4. Deanne Bulino O Reilly, City Clerk 5. M. Earl Sandy Sanders, City Treasurer City Attorney Kiefer read Resolution No by title only. Motion made by Commissioner Torres, seconded by Commissioner Hanna, to approve Resolution No , establishing signatories on behalf of all City checking account. Unanimous approval by acclamation. 10C. 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.

14 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 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 workshop 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). The following changes have been made to the City Commission Rules and Procedures: Rule 2. Regular Meeting. A provision has been added that allows for the City Commission to cancel or reschedule its Regular City Commission Meetings. Rule 6. Agenda and Meeting Notice. Due to budget constraints, time constraints, and limited staff, the Agenda and Agenda Packet will be posted and delivered on the Friday versus the Thursday preceding the meeting. City Attorney Kiefer read Resolution No by title only. City Clerk O Reilly presented the Agenda Memorandum noting they are the same rules as last year except for the provision added to Rule 2, Regular Meeting: The City Commission, by majority, may at any time and upon 72 hours notice cancel or reschedule the Regular City Commission Meetings scheduled for the second and third Tuesday of each month, and stated due to budget constraints, time constraints, and limited staff, the Agenda and Agenda Packet will be posted and delivered on the Friday versus the Thursday preceding the meeting as indicated in Rule 6, Agenda and Meeting Notice.

15 RULE 8. ORDER OF BUSINESS. Vice Mayor Kennedy inquired if other City Commission Members feel that City Commission Reports should move toward the beginning of the agenda. Commissioner Wollin concurred noting that often at the end of the meeting, there is no one in the audience to hear their comments. She stated that also having the one minute at the end of the Agenda for Citizen Participation is punishing for the person who has to wait through the entire meeting to have that minute to say something, and she suggested considering deleting Citizen Participation from the Agenda. Commissioner Torres stated his concern that moving City Commission Reports to the beginning of the Agenda might open the opportunity to posture or grandstand. Commissioner Hanna suggested that City Commission Reports could be moved up after Organizational Remarks, and concurred with Commissioner Wollin that Citizen Participation should be eliminated from the Agenda. Mayor Johnson stated he has been in favor of having City Commission Reports at the end of the meeting because the reports have turned lengthy, sometimes into speeches, and it took a long time before the City Commission began the business portion of the Agenda. Commissioner Torres commented that if City Commission Reports are moved forward, a time limit would have to be implemented, with Mayor Johnson noting that in the past, there has never been a time limit on City Commission Reports. City Clerk O Reilly explained the reason why City Commission Reports were moved to the end of the Agenda, noting that the reports over the last couple of years, on an average, have taken 30 to 45 minutes. Vice Mayor Kennedy suggested limiting City Commission Members to five minutes, and if the reports become lengthy, then they should be moved back to the end of the Agenda. Commissioner Wollin suggested that three minutes would be enough and then find other mechanisms to disseminate information to the public and to the City Commission, such as through a memo. She further commented on the importance of utilizing the website and getting more citizen participation. Consensus to move City Commission Reports after Organizational Remarks with a three-minute time limit, with Commissioner Torres and

16 Mayor Johnson objecting. Commissioner Hanna suggested that Additions/Deletions to the Agenda be limited to emergency situations, with Mayor Johnson noting that there are not many additions/deletions normally. Kelly Cisarik, 448 Harbor Drive South, commented that she does not mind the Citizen Participation at the end of the Agenda because it gives the audience a chance to listen to the entire meeting and ask questions for the future. She stated she would ask that the Reports of the City Manager and the City Attorney be moved forward on the Agenda and leave City Commission Reports at the end. Patti Munieo, 375 Bahia Vista Drive, stated she likes the idea of moving City Commission Reports to the beginning of the Agenda so people know what City Commission Members are doing, and she would like to see Reports of the City Attorney and City Manager moved to the front of the Agenda. Jim Driscoll, 481 Harbor Drive North, commented that in Robert s Rules, there is a provision for where a time limit is prescribed, and the speaker may request an extension of time and anyone may yield time to a speaker and the City Commission may vote extra time or refuse extra time, and there is no reason to lose objectivity under those rules. He stated he would like to see City Commission Reports at the beginning of the meeting, and it is controllable with the gavel. John Pfanstiehl, 448 Harbor Drive South, suggested leaving Citizen Participation at the end of the meeting. He also suggested that the Reports of the City Manager and City Attorney be moved to the beginning of the Agenda and limiting City Commission Reports to one minute at the beginning of the meeting because more time can be requested, if needed. Vice Mayor Kennedy commented that the Citizen Participation at the end of the Agenda gives the audience the opportunity to speak again if they missed the chance earlier in the meeting to speak on an agenda item. Commissioner Wollin commented she feels that with the new City Manager and City Treasurer, citizens will be more comfortable addressing issues with them outside the City Commission Meeting, and stated the City needs to move the information into the new electronic age and encourage public participation. Mayor Johnson noted that Citizen Participation is when the public asks questions, which are to be addressed at a later date, but they are not for discussion or debate now.

17 Consensus to move the Reports of the City Manager and City Attorney to the beginning of the Agenda. City Manager Coward advised there will be a Monthly Financial Report under the Reports of the City Manager Report once a month. Consensus to amend Rule 8, Order of Business, as follows: The business of each regular City Commission Meeting shall be transacted in the following order unless the City Commission suspends the rules and changes the order by a majority vote of the members present. A. Call to Order by the Mayor-Commissioner. B. Pledge of Allegiance, followed by ten seconds of silence. C. Presentations. 1. PCSO Report D. Public Comments. (Limit to 3 minutes on non-agenda items) E. Organizational Remarks. (Limit to 3 minutes per speaker.) F. Reports of City Attorney. G. Reports of City Manager. H. Reports of the City Commission. (Limit to 3 minutes per City Commission Member.) F I. Additions/Deletions to the agenda. G J. Consent Agenda. H K. Public Hearings. I. L. Resolutions. J. M. Ordinances. K. Reports of City Attorney. L. Reports of City Manager. M. Reports of City Commission. N. Citizen Participation. (Limit to one minute comments on current night business or questions to be answered at a later date). O. Other Business, pursuant to I, Additions/Deletions to the Agenda. P. Adjournment. Motion made by Vice Mayor Kennedy, seconded by Commissioner Hanna, to approve Resolution No , adopting Rules of Procedures for the City Commission, as amended. Unanimous approval by acclamation.

18 10D. RESOLUTION NO Appointing a voting delegate and first and second alternate voting delegates to represent the City of Indian Rocks Beach at the Barrier Islands Governmental Council (BIG-C) meetings. 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 island 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, March, Voting Delegates Vice Mayor-Commissioner Terry Hamilton Wollin - Voting Delegate Commissioner Daniel J. Torres - 1st Alternate nd Commissioner Bert Valery - 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 membership cities. City Attorney Kiefer read Resolution No by title only. Mayor Johnson asked for nominations to the Barrier Islands Governmental Council.

19 Vice Mayor Kennedy nominated Commissioner Wollin as the voting delegate, st nd with Commissioner Torres as 1 alternate, and Commissioner Hanna as 2 alternate. Motion made by Commissioner Torres, seconded by Vice Mayor Kennedy, to approve Resolution No , appointing Commissioner Wollin as the voting delegate, Commissioner Torres as first alternate, and Commissioner Hanna as the second alternate voting delegates to represent the City of Indian Rocks Beach at the Barrier Islands Governmental Council (BIG-C) meetings. Unanimous approval by acclamation. 10E. 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, which 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, states 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

20 membership meeting in May of each year. 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, 2009 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 16, 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 served on the Board of Directors with Mayor Johnson serving as the alternate. City Attorney Kiefer read Resolution No by title only. Mayor Johnson asked for nominations to serve on the Suncoast League of Cities Board of Directors. Commissioner Wollin nominated Vice Mayor Kennedy as the voting delegate with Mayor Johnson as the alternate. Motion made by Commissioner Wollin, seconded by Vice Mayor Kennedy, to approve Resolution No , designating Vice Mayor Kennedy to serve as the Director with Mayor Johnson as the alternate on the League s Board of Directors. Unanimous approval by acclamation. 10F. RESOLUTION NO Authorizing the City Manager to renew the City s contract for the City s General Insurance Coverage with Public Risk Management of Florida. BACKGROUND: Public Risk Management of Florida (PRM) was established October 1, The primary objective of the Organization is to provide insurance at a lower cost with enhanced coverage. PRM is a self governing board with representation from each public entity in the Group. PRM is organized under an Interlocal Agreement with each member. ANALYSIS: PRM selects members that have favorable loss experience history, and are committed to controlling their losses. Special emphasis is placed on

21 safety, loss prevention, and claims handling. The claims handling is performed by World Risk Management, Inc. for over 150 public entities. World Risk Management, Inc., a Public Entity Broker, provides excess reinsurance, technical support, marketing, and underwriting services. Benefits include drug free and safety program benefits, loss prevention services, risk management services, educational seminars, and employment practices hotline. FINANCIAL IMPACT: The Fiscal Year 2009 Budget includes funds for general insurance coverage in the three major funds. General insurance includes Workers Compensation, General Liability, Automobile Liability and Physical Damage, Commercial Property and Inland Marine, Florida Windstorm, Flood Insurance, Florida Petroleum Liability and Professional Bonds. Total premium for PRM s Fiscal Year (April 1, 2009 through March 31, 2010) will be $98,749. This represents a decrease of 39% from last year. City Attorney Kiefer read Resolution No City Attorney Kiefer presented the Agenda Memorandum. She explained the amendments to the resolution noting that as opposed to authorizing the City Manager to renew the contract, it indicates the City Commission s desire for the renewal of the contract that is self-renewing every year, and there has to be a year s advance notice to PRM in order to not be obligated for another year; in which case if the City Commission fails to take action or it automatically renews, there is a two year stint. She explained that PRM s fiscal year begins in April. She advised that she attended the March 20, 2009 PRM Board of Director s Meeting, at which time they announced the premiums for next year, which is a reduction of 39% or $98, down from the $161,000 last year for a savings of approximately $63,000. City Attorney Kiefer explained that she did receive information regarding the reduction, which included the marketing efforts of World Risk Management and also there was a distribution of surplus funds. She advised that PRM pointed out that next year, the City s starting premium will be $115,000. City Attorney Kiefer stated she has no reason to recommend not renewing at this time; however, she does recommend an evaluation of the insurance every year for City Commission discussion. Commissioner Torres commented that these are the types of issues that he would like to see City Manager Coward become involved in taking the opportunities to research and keep the City Commission up-to-date on any possible substantial savings. Kelly Cisarik, 448 Harbor Drive South, inquired if there is a re-insurer that lies underneath PRM, because in addition to the rate, an even more important consideration is that the company will be there to pay a claim if needed in this

22 economic environment. She noted for example that AIG underwrites a lot of reinsurance. City Manager Coward explained there are several re-insurers and this is a risk sharing pool and not a traditional insurance binder and policy; therefore, there are several layers of coverage. He stated the City is very secure and while he is not totally familiar with PRM, he does have considerable experience with insurance pools, including seven years with the Florida League of Cities. In response to Ms. Cisarik s question, he stated that the PRM pool is not a publicly traded company. Motion made by Vice Mayor Kennedy, seconded by Commissioner Wollin, to approve Resolution No , authorizing the City Manager to renew the City s contract for the City s General Insurance Coverage with Public Risk Management of Florida. Unanimous approval by acclamation. 11. REPORTS OF the City Attorney. City Attorney Kiefer announced that the trial for the Grieshaber Lawsuit will be held next month. 12. REPORTS OF the City Manager. City Manager Coward submitted his written report and inquired if the Commission had any questions and/or concerns. FINANCE DEPARTMENT: City Treasurer Sanders provided a brief report on his Department s accomplishments over the past two months. City Manager Coward expressed his confidence in City Treasurer Sanders s capability. BOARD VACANCIES: City Manager Coward announced that there are three vacancies on the Planning and Zoning Board; one vacancy on the Board of Adjustments and Appeals; and one vacancy on the Environmental Stewardship Board. HISTORICAL MUSEUM WINDOWS. City Manager Coward advised he received a letter from the Historical Society asking permission to replace the windows in the City-owned building and advising they have raised approximately $3,500 to pay for the windows. He advised Public Services Director Scharmen has reviewed the request and the windows and Building Official Mortellite will oversee and inspect the work; however, he must approve the request and unless the City Commission feels otherwise, he will do so.

23 Consensus to authorize the Indian Rocks Historical Society to install and upgrade the Historical Museum windows with the Indian Rocks Historical Society bearing responsibility for all expenses incurred. CITY COMMISSION VOTING ORDER: City Manager Coward explained that after discussion with City Clerk O Reilly, he would request, unless there is City Commission objection, to change the voting order for the City Commission. He noted the tradition of voting left to right with the Mayor voting last. He suggested rotating the voting order for each meeting. Consensus for the City Clerk to rotate the voting order for City Commission Meetings. CITY COMMISSION SEATING ARRANGEMENT: City Manager Coward explained that he is uncomfortable with sitting at the dias and would prefer sitting at the staff table. Consensus for the City Manager to sit at the staff table during City Commission Meetings and Work Sessions. 13. REPORTS OF the City Commission. COMMISSIONER WOLLIN: Welcomed City Manager Coward, City Treasurer Sanders, and Commissioner Hanna. She commented that she is pleased with the progress. COMMISSIONER TORRES: Congratulated Commissioner Hanna and Commissioner Wollin on their election. Commented regarding building incentives for solar energy and recycling and suggested the City find incentives within the City and pass this issue on to the Environmental Stewardship Board for discussion. Commented that special events bring people into the City, which helps the local business productivity and stated he supports having more special events. VICE MAYOR KENNEDY: Congratulated Commissioner Hanna and Commissioner Wollin on their election. Commented that she feels with City Manager Coward and City Treasurer Sanders, there will be more transparency in the City business and the citizens will feel they can come in and find out about issues. Recommended directing staff to investigate savings measures in the sewer

24 and solid waste costs for the City and the citizens. Recommended looking into alternative revenue sources in consideration of less State and Federal funding being available. Suggested the City Manager continue to monitor any funding from the stimulus package; for example: the undergrounding of utilities along Gulf Boulevard and the City entryways. Noted that each City Commission Member is to have a board appointment on the Environmental Stewardship Board; however, her appointee resigned and the City Commission approved a resolution this evening appointing the first alternate board member as a regular board member, her appointment. City Clerk O Reilly advised there are no provisions in the ordinance on how to fill a regular board member s vacancy, and stated it has been common practice to move alternate board members to regular board members should an opening occur. Vice Mayor Kennedy indicated she had no problem with the alternate member being moved up; therefore, that board member is now her appointee. She stated that the City Commission needs to appoint a second alternate board member and suggested requesting applications and appointing a member at-large. Suggested that the Historical Society/Museum have a page on the City s website, with Ms. Munieo advising that there is no computer hooked up in the Museum. [Commissioner Torres moved and Commissioner Hanna seconded the motion to extend the meeting past 9:30 p.m.] COMMISSIONER HANNA: Expressed appreciation to the citizens and the City Commission for making his first night a welcome one and to the staff who have been accommodating. Commented that he attended a Rib Festival in Ocala, which was wonderful, and suggested that the City have an IRB Rib Festival and if the City Commission does not have any objections, he would like to investigate the event and report back to the City Commission. MAYOR JOHNSON: Advised a letter was received from a person who was trespassed from the Kolb Park Skate Park Facility, and according to the City Code, trepassors have to come before the City Commission to have their permit reinstated. Consensus to amend Code Section 38-54, Penalties for Violation of Article (Skate Park Facility), by providing for permittees that have been trespassed to appeal to the City Manager versus the City Commission. Expressed appreciation to those who participated in the Spring Beach Clean-Up, especially to Phil Wrobel who helped with registration and