Mayor-Commissioner Johnson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance and a moment of silence.

Transcription

1 MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular City Commission Meeting was held on TUESDAY, MAY 10, 2016, 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 Phil Hanna Commissioner Edward G. Hoofnagle Commissioner Joanne Cookie Kennedy City Attorney Randy D. Mora City Manager Brently Gregg Mims, ICMA-CM City Clerk Deanne B. O Reilly, MMC Finance Director Daniel A. Carpenter, CGFO Public Services Director Dean A. Scharmen (To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order.) 1A. PRESENTATIONS REPORT OF Pinellas County Sheriff s Office. Sergeant John Waugh reviewed the April 2016 Crime Analysis Report and addressed the City Commission s questions and/or concerns. Commissioner Kennedy recognized and thanked the following people, who located a missing 4 year old girl on the beach on April 23, 2016: PCSO Sergeant John Waugh PCSO Corporal Chad Whirle PCSO Deputy Chris Voyer PCSO Deputy Ed Feidt PSFRD Chief Salvatore D Angelo Page 1 of 11

2 PSFRD District Chief Ray Norton Robert Clemmer, 1216 Bayshore Boulevard, asked what are the requirements for driving a golf cart. To which Sergeant Waugh advised at least 16 years of age with a valid driver s license. Bill Dotson, 1 Windrush Boulevard, inquired what the four felonies were on the PCSO April Report. To which Sergeant Waugh advised aggravated assault, driving on a suspended license, DUI, and fraudulent checks. 2. PUBLIC COMMENTS. Robert Clemmer, 1216 Bayshore Boulevard, stated he can see that the City Manager is his adversary, and he will have to go back to the Judge to resolve his community service hours. City Manager Mims stated Mr. Clemmer has been bringing this issue up over the last two months. City Manager Mims provided the City Commission with a brief report of Mr. Clemmer s code enforcement case. He advised that Mr. Clemmer pled no contest and was fined $ The Judge ordered Mr. Clemmer to work off his fine through community service hours. If Mr. Clemmer has any issues, he should see the Judge that sentenced him. City Attorney Mora explain the parameters concerning community service hours and what was ordered by the Judge. Bill Dotson, representing the Indian Rocks Beach Homeowners Association (HOA), thanked the City for their participation with IRB BeachFest and the Easter Egg Hunt. The HOA could not have done it without the help from the City. He announced that the HOA will be having a food drive on May 12, 2016, at 18 On The Rocks. Bill Dotson, representing the Indian Rocks Beach Action 2000, Inc. (A2K), announced that A2K will be holding their May Mixer at the Indian Rocks Beach Historical Museum from 6:00 to 8:00 p.m., on May 11, Bill Dotson, 1 Windrush Boulevard, stated he is also here on behalf of his wife to advise that she is a little irritated with the Walsingham Road and Gulf Boulevard Intersection. Page 2 of 11

3 Mr. Dotson stated he is the owner of Sweet IRB Bakery and Coffee Shop, 311 Gulf Boulevard. He stated, as the owner of that establishment, individuals have come in and stated they have noticed his shop when they were waiting for the light to change at the Walsingham Road and Gulf Boulevard Intersection. 3A. REPORTS OF THE CITY ATTORNEY. None. 3B. REPORTS OF THE CITY MANAGER. nd Finance Director Carpenter presented the 2 Quarter Financial Report. There were no questions from the City Commission. Finance Director Carpenter stated in the summer, staff will request to adjust the approved budget for FY2016, primarily as a result of the fire that occurred in the Public Services Warehouse. City Manager Mims stated he attended a meeting on the Zika Virus sponsored by the Pinellas County Health Department. He reviewed the facts of the Zika Virus since there are a lot of misconceptions of the virus. 3C. REPORTS OF THE CITY COMMISSION. COMMISSIONER HOOFNAGLE: Stated at the April 27, 2016 BIG-C Meeting, there was a presentation on a Intelligent Transportation System, and the presentation included message boards at bridge crossings. He was bringing this up because those signs will be located in the City s 442 Gulf Boulevard Pocket Park, and stated the City may have to go back and understand the effects of these message boards on the design of the pocket park. Invited everyone to A2K s May Mixer at the Historical Museum on May 11, 2016, and stated the theme of the event is Americana. Thanked Commissioner Kennedy for her presentation at the PPC/MPO Enhancing Beach Access Listening Session. He stated Commissioner Kennedy represented the beach communities very well. COMMISSIONER KENNEDY: Stated regarding the Intelligent Transportation System signs, she spoke to the engineer and asked how close the signs were going to be, so the City would know. The engineer stated the signs will be 600 linear feet by 1,000 linear feet. Page 3 of 11

4 N City Manager Mims stated VIBE Engineering understands that the City wants to review the signs before they are ordered. He stated there are federal and state requirements for the minimum size of the signs. He stated the signs will be decorative and they need to be large enough, so they are readable. He stated the engineering firm stated they would be happy to work with A2K and brief them on what this project is and is not. VICE MAYOR HAMILTON-WOLLIN: Announced the following events. N May 14, 2016 Post Office s Annual Food Drive N May 21, 2016 Hands Across the Sand at 11:00 a.m. N May 25, 2016 BIG-C Meeting in Madeira Beach at 9:00 a.m. COMMISSIONER HANNA: Complimented and thanked everyone involved with the IRB BeachFest. MAYOR JOHNSON: Thanked all the volunteers, the HOA, City workers, and the public for making the first IRB BeachFest a success. Announced the following events: N May 11, 2016 A2K Sunset Mixer N May 12, 2016 HOA Happy Hour/Food Drive at 18 On The Rocks N May 14, 2016 Boat Club Fish Fry at Keegan-Clair Park N May 14, 2016 Post Office s Annual Food Drive N N May 21, 2016 Hands Across the Sand at 11:00 a.m. May 21, 2016 West Pinellas Little League Closing Ceremonies and Fund Raiser. Stated he has been talking to the local mayors, other officials, and State Representatives and Senators regarding short term rentals, and they all are collectively trying to change the current State Statute to put the power back into the hands of local municipalities as far as regulating short term rentals. 4. ADDITIONS/DELETIONS. None. 5. CONSENT AGENDA: A. REAPPOINT REBECCA SACRA and FRANK WATERS to the Finance and Budget Review Committee with terms expiring on May 31, B. REAPPOINT RICHARD ANTEPENKO, ROBERT CLARK, PATTI MUNEIO, AND APPOINT JOHNNY PATRONIS AS REGULAR Page 4 of 11

5 ST BOARD MEMBERS, AND STEWART DEVORE AS 1 ALTERNATE BOARD MEMBER to the Planning and Zoning Board/Local Planning Agency with terms expiring on May 31, C. APPROVAL OF the April 12, 2016 Regular City Commission Meeting Minutes. City Attorney Mora read the Consent Agenda, consisting of Agenda Item Nos. 5A through 5C, by title only. MOTION MADE BY VICE MAYOR HAMILTON-WOLLIN, SECONDED BY COMMISSIONER HOOFNAGLE, TO APPROVE THE CONSENT AGENDA, CONSISTING OF AGENDA ITEM NOS. 5A THROUGH 5C. UNANIMOUS APPROVAL BY ACCLAMATION. 6A. RESOLUTION NO /BOA CASE NO PUBLIC HEARING/QUASI-JUDICIAL PROCEEDING. Approving a variance request of 4 feet into the required 12 foot side setback, resulting in a total setback of 8 feet on the west side of the existing dock, to allow for the construction of a boat lift for the property located th at Avenue, Indian Rocks Beach. [Official Publication Date: April 29, 2016][Presented by the City Manager.] SUBJECT: A variance request of 4 feet into the required 12 foot side setback, resulting in a total setback of 8 feet on the west side of an existing dock, to th allow for the installation of a boat lift for property located at Avenue, Indian Rocks Beach, Florida. STAFF RECOMMENDATION: Based on the variance review criteria of Section 2-152, staff recommended approval of the request. BOARD OF ADJUSTMENTS AND APPEALS RECOMMENDATION: Unanimous recommendation to approve. OWNER: LOCATION: ZONING: Joseph T. Ambrefe, Jr. th Avenue S Single family Direction Existing Use Zoning Category North Residential S East Residential S Page 5 of 11

6 South Water N/A West Residential S BACKGROUND Joseph T. Abrefe, Jr. wants to install a boat lift on an existing dock. Due to the size of the desired boat lift, it will encroach into the required 12-foot side setback by 4 feet leaving an 8 foot distance between the boat lift and the side property line extended. Upon visiting the site, staff noted the shallow water and the presence of mangroves and seagrass. These conditions limit how the dock might otherwise be expanded. Sec Variances. (a) Generally; criteria for granting variances from the terms of subpart B. (1) The board of adjustments and appeals shall make recommendations on and the city commission shall decide variance applications 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 recommend or decide any variance from the terms of subpart B, the board or the city commission 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. This property has 55 feet of water frontage. The application makes note of shallow water, seagrass and mangroves. These conditions were observed by staff the day the photographs were made. b. The special conditions and circumstances do not result from the actions of the applicant. The applicant did not create any 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. Granting the variance will allow an encroachment of 4 feet into the 12 foot side yard extended property line setback. Page 6 of 11

7 d. 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. But for the variance, the applicant will not be able to have the desired size of boat lift. 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 to allow the owner to construct the dock as desired. f. The granting of the variance will be in harmony with the general intent and purpose of subpart B, and such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will allow the owner to install the desired boat lift. Pursuant to a legal notice published in the April 29, 2016-edition of the St. Pete Times Section of the Tampa Bay Times, as evidenced by an affidavit of publication filed with the City Clerk, a public hearing was held on Resolution No City Attorney Mora briefly explained to the City Commission the procedure for a quasi-judicial proceeding. City Attorney Mora read Resolution No by title only, and advised that this is a quasi-judicial proceeding. City Attorney Mora inquired if any City Commission Member needed to disclose any ex-parte communications regarding this application with all members responding in the negative. All persons planning to give testimony during the quasi-judicial proceeding were duly sworn in by the City Attorney. Mayor Johnson opened the public hearing. City Manager Mims presented the agenda item. He stated this is a request for a variance for an addition to an existing dock. The variance request is 4 feet into the required 12-foot setback which leaves the total setback of 8 feet on the west side of the existing dock to allow for the installation of dock lift. Page 7 of 11

8 City Manager Mims provided a PowerPoint Presentation, which included photographs of the existing dock and the exterior of the house (front and back), a survey, and a sketch. City Manager Mims stated staff and the Board of Adjustments and Appeals has recommended approval of the variance request because there are mangroves and shallow water on the east side of the dock. th Joseph Ambrefe, Avenue, the applicant, stated he was here to address any concerns and/or questions that the City Commission may have. Seeing and/or hearing no one else wishing to speak, Mayor Johnson closed the public hearing. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER HANNA, TO APPROVE RESOLUTION /BOA CASE # , APPROVING A VARIANCE REQUEST OF 4 FEET INTO THE REQUIRED 12 FOOT SIDE SETBACK, RESULTING IN A TOTAL SETBACK OF 8 FEET ON THE WEST SIDE OF THE EXISTING DOCK, TO ALLOW FOR THE CONSTRUCTION OF A BOAT LIFT FOR THE PROPERTY TH LOCATED AT AVENUE, INDIAN ROCKS BEACH, FLORIDA, AND ND LEGALLY DESCRIBED AS INDIAN BEACH RE-REVISED 2 ADD BLK 89, LOT 11. ROLL CALL: HOOFNAGLE KENNEDY HAMILTON-WOLLIN HANNA JOHNSON MOTION CARRIED UNANIMOUSLY. 6B. ORDINANCE NO PUBLIC HEARING/SECOND AND FINAL READING. Amending Chapter 38, Parks and Recreation; Division 3, Leash Free Park; Section , Usage regulations, Section , Permits, and Section , Penalties for violation of district; providing for amendments to the rules and regulations; providing for a name change from leash free park to dog park; providing for the elimination of permits for the dog park at the Nature Preserve; providing for change in terminology. Page 8 of 11

9 [Official Publication Date: April 29, 2016][Presented Public Services Director/City Manager.] BACKGROUND: On June 25, 2002, the City Commission approved Ordinance No , rules and regulations for the Indian Rocks Beach Boardwalk and Leash Free Park at the Nature Preserve. During the March 8, 2016 City Commission Meeting, the City Manager presented a draft ordinance amending the rules and regulations of the dog park. ANALYSIS: Summary of Amendments to Ordinance No (Chapter 38, Parks and Recreation, Division 3, Leash Free Park) Change leash-free park to dog park. Eliminate the issuance of permits for residents, nonresidents, and visitors by repealing Section , Permits. Change hours of operation from 7:00 a.m. to 8:00 p.m. to 7:00 a.m. to dusk. Change permit holder to handler. Add the following additional rules and regulations: Handlers must stop their dog(s) from digging and are responsible for filling any holes their dog(s) make(s). Children under the age of 12 are not permitted to enter the dog park without a responsible adult. No food permitted within the fenced area. Under Sec , Penalties for violation, all mention of permit or permittee have been removed. Clarifies who can enforce the rules and regulations of the dog park. On April 12, 2016, the City Commission unanimously approved Ordinance No on first reading. Pursuant to a legal notice published in the April 29, 2016-edition of the St. Pete Times Section of the Tampa Bay Times, as evidenced by an affidavit of publication filed with the City Clerk, a public hearing was held on Ordinance No Page 9 of 11

10 City Attorney Mora read Ordinance No by title only, and announced that this is the second and final reading. City Manager Mims briefly reviewed his submitted agenda memorandum, and stated the biggest change is eliminating the permit requirement for the dog park. City Manager Mims stated the dog park is closed for renovations and should be open sometime in June. Mayor Johnson opened the public hearing. Seeing and/or hearing no one wishing to speak the public hearing was closed. MOTION MADE BY COMMISSIONER HOOFNAGLE, SECONDED BY VICE MAYOR HAMILTON-WOLLIN, TO APPROVE ORDINANCE NO , ON SECOND AND FINAL READING, AMENDING CHAPTER 38, PARKS AND RECREATION; DIVISION 3, LEASH FREE PARK; SECTION , USAGE REGULATIONS, SECTION , PERMITS, AND SECTION , PENALTIES FOR VIOLATION OF DISTRICT; PROVIDING FOR AMENDMENTS TO THE RULES AND REGULATIONS; PROVIDING FOR A NAME CHANGE FROM LEASH FREE PARK TO DOG PARK; PROVIDING FOR THE ELIMINATION OF PERMITS FOR THE DOG PARK AT THE NATURE PRESERVE; PROVIDING FOR CHANGE IN TERMINOLOGY. Commissioner Hoofnagle stated, for the record, he received an from a resident stating she likes the permit, and she thought it was a good idea because it would be helpful in tracking if their dog was bitten by another dog. ROLL CALL: HOOFNAGLE KENNEDY HAMILTON-WOLLIN HANNA JOHNSON MOTION CARRIED UNANIMOUS. 7. OTHER LEGISLATIVE MATTERS: None 8. WORK SESSION ITEMS: None 9. OTHER BUSINESS. None. Page 10 of 11

11 10. ADJOURNMENT. MOTION MADE BY COMMISSIONER HOOFNAGLE, SECONDED BY VICE MAYOR HAMILTON-WOLLIN, TO ADJOURN THE MEETING AT 8:00 P.M. UNANIMOUS APPROVAL BY ACCLAMATION. June 14, 2016 Date Approved R.B. Johnson, Mayor-Commissioner ATTEST: Deanne B. O Reilly, MMC, City Clerk Page 11 of 11