MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING

Transcription

1 MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular Commission Meeting was held on Tuesday, October 22, 2013, 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 Joanne Cookie Kennedy Commissioner Terry Hamilton-Wollin Commissioner Phil Hanna Commissioner James A. Labadie City Attorney Maura J. Kiefer City Manager Brently Gregg Mims City Clerk Deanne Bulino O Reilly Finance Director Daniel A. Carpenter Public Services Director Dean A. Scharmen Community Services Supervisor Calvin Warren (To provide continuity for research, items are limited in agenda order although not necessarily discussed in that order.) 1. REPORTS OF the Pinellas County Sheriff s Office. Community Policing Deputy Noel Dunham reviewed the September 2013 Crime Analysis Report, and addressed the City Commission questions and/or concerns. 2. PUBLIC COMMENTS. Gordon Obarski, 708 Beach Trail, #B, thanked the City and City Commission for taking the initiative to conduct the Biggert-Waters Insurance Reform Act Public Forum. It was very informative, and he is confident the community appreciated the City s efforts. He explained before and after the meeting, he had the opportunity to talk with past, present, and future clients, and after talking to a number of homeowners, he found their perception was that the City and City Commission were endorsing one insurance agency and one real estate brokerage as they were the only companies selected for the panel. He stated whether that is the case or not, perception is reality, and the homeowners at Page 1 of 13

2 the meeting thought that to be the case. Just before the panel started, he walked over to the informational table and saw a Martha Thorn Collection Brokerage Sign In Sheet, that read Open House and that form was used to generate leads and help the brokerage or one or two of its agents working within that brokerage. He explained the real estate representative from the brokerage stated she was unaccustomed to public speaking, but was really good at showing her clients around and showing them properties. She went on to say the Biggert-Waters Reform Act has hurt her business, and is bound to drive property values down. Not once, did she offer any alternatives or positive actions that a homeowner could take regarding their property. She then went on to ask the attendees to sign up for additional information by signing the Martha Thorn Open House Form. He would have thought differently on the entire lead generation situation if she had at least taken the time to produce a form that stated Biggert-Waters Information Request. By having an open house form, it was clearly intended to generate leads. At the end of the forum, he was curious as to how many people had signed and what they had asked for, and it generated about 32 names with phone numbers, s, etcetera. If he were really naive, he would say that list was used to get back in touch with property owners to actually provide information regarding the flood insurance rates and what the options are. However, what happened, regardless of the City and the City Commission s intentions, was a public forum used to generate business leads or a data base of future property sellers. This leads him to the next step, which was how the panel was selected. He asked if all real estate agents in Indian Rocks Beach were called and asked to be on the panel, because he was not. He asked if the selection review involved the number of past sales or how long a brokerage had been doing business in Indian Rocks Beach, and which ones had IRB business licenses. If so, then Plumlee Century 21 and Beggins Century 21 certainly would have been asked to be on this panel. The brokerage chosen does not have an IRB business license, although it is not required by City. He just does not happen to think it was a coincidence that Martha Thorn Collection Brokerage was selected to be on the panel. His point is that should the City plan any future public panels, meetings, or informational services that all due consideration should be given to the companies or individuals that can actually contribute or would do the research that would positively contribute to the forum. He also believes that companies or individuals should not be allowed at City-sponsored forums to gather names, addresses, s, etcetera where that information could be used at a later date to generate a date base or sales lead. th Phil Wrobel, Avenue, stated he agreed with the comments by Mr. Obarski. He stated that the only two people not from the area who should have been at the forum were Pam Dubov, the Pinellas County Property Appraiser, and Patricia Latshaw, Vice President/Principal Flood Coordinator from Wright Flood Insurance, and the other people on the panel were attending for Page 2 of 13

3 their benefit of getting clients. The other insurance agenda, Jennifer Rabon, Advisor, for Connelly, Carlisle, Fields, & Nichols, who was on the panel deals with commercial properties and her company is trying to break more into residential properties and personal auto, so it was perfect for them to come and present. He would also like to know where these people were chosen from and why they were chosen. Mayor Johnson suggested Mr. Wrobel speak with City Manager Mims after the meeting to discuss how the forum was set up. 3. ORGANIZATIONAL REMARKS. None. 4A. REPORTS OF THE CITY ATTORNEY: No report. 4B. REPORTS OF THE CITY MANAGER: AUGUST 2013 FINANCIAL REPORT: Finance Director Carpenter presented the August 2013 Financial Report. SEWER MAIN RUPTURE: City Manager Mims reported a sewer main rupture th tonight at 14 Avenue and Bay Palm Boulevard. City employees will be working all night and the contractor will come in the morning to do the permanent fix. PUBLIC SERVICES CAPITAL IMPROVEMENT PROGRAM: Public Services Director Scharmen reviewed the status of some of the Public Services CIP Projects: th The 6 Avenue Stormwater Reconstruction Project was completed in September 2013, and the Southwest Florida Water Management District (SWFWMD) grant reimbursement has been submitted in the amount of $77,928, and the City should be receiving those funds in approximately 30 days. th The 12 Avenue Emergency Stormwater Sewer Replacement Project is completed with the exception of the property restoration, which should be done in the next 10 to 15 days. The Walsingham/Gulf Boulevard Intersection Project is currently in the design phase at 60% at this point. The City Hall Renovation Project is scheduled to have the front portion of the building and the north portion done by Thanksgiving Weekend. The Force Main Analysis Engineering Report has been received and staff is in the process of reviewing it. Staff will be coming to the City Commission in November possibly to seek authorization for the Lift Station Rehabilitation Projects scheduled in this fiscal year budget. Page 3 of 13

4 FDOT DISTRICT 7 SECRETARY MEETING: City Manager Mims reported he and Public Service Director Scharmen met with FDOT District 7 Secretary Paul Steinman regarding the state-controlled right-of-ways and some possible funding sources. COFFEE WITH A COP: City Manager Mims announced the first quarterly Coffee with a Cop will be on November 5, 2013 at Crabby Bill s who will offer a breakfast buffet for citizens attending, and thereafter they will offer coffee and attendees may purchase breakfast if they wish. It will be informal with no presentations, it will be an opportunity for citizens to visit one-on-one with deputies from the Pinellas County Sheriff s Office and give ideas and ask questions. NEW CITY HALL HOURS: City Manager Mims reported effective November 4, 2013, the new City Hall hours will be 7:30 a.m. to 4:00 p.m., as previously discussed individually with City Commission Members, and the press has been given notice of the new City Hall hours. He explained the rationale for the change is to provide the customers, citizens, and contractors the opportunity to come by City Hall to conduct business prior to 8:00 a.m. He noted the hours will mirror neighboring cities to the north and to the south. DECISION ON NOVEMBER 26, 2013 CITY COMMISSION MEETING: City Manager Mims noted the City Commission has already taken action for no meeting on December 24, 2013, and advised the City Commission also needs to make a decision on the second meeting in November, which would be on the th 26, the week of Thanksgiving. CONSENSUS TO CANCEL THE NOVEMBER 26, 2013 REGULAR CITY COMMISSION MEETING. 4C. REPORTS OF THE CITY COMMISSION: VICE MAYOR KENNEDY: Noted the funeral services for Congressman C.W. Bill Young will be at the First Baptist Church of Indian Rocks at 1:00 p.m. on Thursday, October 24, 2013, in the Main Worship Center. Thanked the Mothers Against Drunk Driving (MADD) for a great event, and advised she had the opportunity to be the guest speaker and noted how focused the organization is. Commented that Oktoberfest was great. Announced the Taste of IRB on Saturday, November 2, 2013, at Chic-A-Si Park. Reported that the proposed Business Kiosk Committee has a plan, and the committee will be meeting for the last time, and will then bring a Page 4 of 13

5 presentation to the City Commission for review and consideration. Referred to an received from North Redington Beach Town Clerk Mary Campbell with information on a class concerning the history of flood insurance and all the issues involved with it and that it will be open to the public with a $15.00 fee. COMMISSIONER HAMILTON-WOLLIN: Announced the Community Garden Official Grand Opening on Saturday, November 9, 2013, press releases will be sent out. Noted pink ribbons are being worn by staff and elected officials in recognition of Breast Cancer Awareness Month in memory of Jan Ockunzzi who passed away in April from breast cancer. COMMISSIONER LABADIE: Thanked the citizens, volunteers, and particularly the Public Services staff for their work with Action 2000, Inc., on Oktoberfest, which was a great event. COMMISSIONER HANNA: Addressed the comments by Mr. Obarski, which he agrees with. He commented that given the luxury of time, the City could have researched and found local insurance agents and real estate agents, but unfortunately there was not that luxury. It was only about a week and a half to organize something, and the intent and outcome was to have as many residents present as possible to provide the information available. In order to accomplish the goal, he suggested Martha Thorn Collection Brokerage, not that he was affiliated with her, but because she had done three of these events previously and had the data in hand and put the players together to provide people with the proper information. He was unaware there was an Open House Sheet, Ms. Thorn could not attend so Karen Bravo was brought in at the last minute, but with $14 Million in sales, he does not think she needed 34 people on that list to make her year. He explained the idea he had was once the information was found, residents could come in once they receive their elevation certificates, and speak with insurance agents, real estate agents, and FEMA so they could have some options available to them. MAYOR JOHNSON: Stated he also attended the MADD event that had a good turnout and expressed appreciation for Community Policing Deputy Dunham working on the beach and to the Public Services staff and all those who helped out. Thanked the volunteers and all those who worked on the Oktoberfest, which was bigger than last year with more vendors and attendance than Page 5 of 13

6 the previous year. Announced the Taste of IRB on Saturday, November 2, 2013, at 4:00 p.m., in Chic-a-Si Park. Announced the Pumpkin Carving on Saturday, October 26, 2013, at 11:00 a.m. in Kolb Park. Reported on the Florida Shore and Beach Preservation Association Conference that he and Pubic Services Director Scharmen attended in Delray Beach. 5. ADDITIONS/DELETIONS. 6. CONSENT AGENDA: A. APPROVAL OF the September 4, 2013 City Commission Meeting Minutes. B. APPROVAL OF the September 18, 2013 City Commission Meeting Minutes. C. RESOLUTION NO Authorizing the City Manager to dispose of City property that has become unnecessary or unfit for the City's use. D. RESOLUTION NO Authorizing the City Manager to purchase a 2014 Freightliner SD Truck with a Goliath Model G cubic yard rear loader from Waste Equipment & Parts LLC, through the City of Tallahassee, Florida, RFP Contract Number 2490 in the amount of $199, E. RESOLUTION NO Recommending appointment of a member to the Joint Pinellas County Metropolitan Planning Organization. F. RESOLUTION NO Authorizing the City Manager to purchase a 2014 Ford F-150 (F1E) ½ ton 4x4 pickup truck from Don Reid Ford, Incorporated, through the Florida Sheriff s Association Bid Number , in the amount of $20, City Attorney Kiefer read the Consent Agenda, consisting of Agenda Item Nos. 6A through 6F, by title only. MOTION MADE BY COMMISSIONER HAMILTON-WOLLIN, SECONDED BY COMMISSIONER HANNA, TO APPROVE THE CONSENT AGENDA, CONSISTING OF AGENDA ITEM NOS. 6A THROUGH 6F. UNANIMOUS APPROVAL BY ACCLAMATION. 7. PUBLIC HEARINGS: None. Page 6 of 13

7 8. RESOLUTIONS: A. RESOLUTION NO Authorizing the City Manager to execute Amendment No. 1 to the Contract with Progressive Waste Solutions of Florida, Inc., formerly known as Waste Services, Incorporated for the City of Indian Rocks Beach Curbside Recycling Program. BACKGROUND: During the FY 2009/2010 Budget Sessions, there were discussions regarding having staff provide recommendations for possibly improving the efficiency, cost effectiveness, and service levels of the Solid Waste Department Collection Services. In January 2010, the City issued a task order to Kessler Consulting, Inc., to provide a comprehensive analysis of the City s Solid Waste Collection System. As outlined within the analysis recommendations presented to the City Commission in June 2010, one of the primary opportunities was to procure and implement residential curbside recycling. In January 2011, the City entered into a contract with Waste Services for the City of Indian Rocks Beach Curbside Recycling Program. At the time, Waste Services offered the City the opportunity to piggyback the City of Madeira Beach Bid for residential recycling at $1.54 per month/per residence (this was allowable pursuant to City Code thus saving the City funding and time to go out for bid). ANALYSIS: In May of 2012, Progressive Waste Solutions of FL, Inc. (formerly Waste Services, Incorporated) indicated to the City the need to amend the contract. City staff and Progressive Waste Solutions identified several tangibles that need to be considered such as: contract length, commodities being collected, costs of collection, residences served, privatization versus governmental interlocal, and working relationships. Additional discussions were held on possibly upgrading to the single stream recycling with different options: (Progressive purchased carts / City purchased carts and/or stay with same bins and increase fee). In review of the present program and the fact that the recycling market/program is currently ever evolving, City staff believes that it would be in the City s best interest to amend the current contract with Progressive Waste Solutions (increase of $1.00 per month/per residence) through the end of the Page 7 of 13

8 current contract which will expire on December 31, All other provisions of the contract shall remain the same. FISCAL IMPACT: Within the FY 2013/2014 Budget, under the Solid Waste Department Budget, Account Number , the City has appropriated funds in the amount of $100,000 to facilitate the City s Recycling Program in whole. Costs range as follows: Single/Multi $ 70,561 (an increase of $27,780 from the original contract amount) Multi/Com $ 33,000 Total $103,561 Although the total program costs exceed the line item threshold, staff believes that there is sufficient funding within the Departmental Budget to cover the additional expenses. The City also benefits from offsetting revenues from deferred tipping fees for the tonnages of recyclables removed from the waste stream. City Attorney Kiefer read Resolution No by title only. Public Services Director Scharmen presented the Agenda Item, explaining that in 2010, the City issued a task order to Kessler Consulting, Inc., to do an analysis of the City s Solid Waste Collection System. A key component from the analysis was a recommendation to implement a Curbside Recycling Program, and in January 2011 that task was completed, and the City entered into a contract with Waste Services, Inc., for curbside recycling. At that time, they allowed Indian Rocks Beach to piggyback on the contract with Madeira Beach for an unheard of rate of $1.54 per month. Since that time, the company has indicated the desire for a contract amendment because they cannot continue to offer the services at the current rate. He explained he spoke with the company about several tangibles to be considered when discussing an amendment to a contract such as the length, the commodities being picked up, cost of collection, the residents being served, privatization versus governmental, and the working relationship. Public Services Director Scharmen explained the recycling program is ever evolving, and the market, at this time, is on the cusp of breaking open with new programs and so forth. He stated he spoke with the company about some options for the City, and in review of those, staff feels it would be in the City s best interest to enter into a contract amendment for an additional $1.00 per Page 8 of 13

9 month per residential unit, which would take the rate to $2.54 per month through the remainder of this contract until the City can determine the options whether to expand into a full single stream recycling, doing the program inhouse and/or a blend. The contract goes through December 2014, the increase would cost approximately $27,000 with all other provisions of the contract remaining the same. He advised there is funding within the budget, as there was discussion during the budget process, about the possibility of a rate increase. Commissioner Hanna asked during the year what actions will staff be taking in terms of the options for the City. He noted he has no problem with the rate increase due to the low current rate. Public Services Director Scharmen explained there was funding placed in the budget to determine whether the City could provide this service in-house; however, there are pros and cons for that and also noted there are several large municipalities who have a processing contract out on the street that staff would possibly like to piggyback on and see what happens after they open their bids. He noted the current contract does have a 60-day out clause just as the company does and both sides are willing to work together to come to a common goal to continue curbside recycling based on what is in the City s best interest and can they continue doing it with a slight increase to the rate. Public Services Director Scharmen commented that it is known that the commodity goes to the contractor, and they try to sell it to the highest market. He explained the City wants to take those commodities out of the waste stream because the City receives the dollars in deferred tipping fees and the numbers show approximately $50,386 the City saved in tipping fees by having the recycling program. Commissioner Hamilton-Wollin commented that the City of Fort Myers charges for residents not participating in recycling, and they now have a 95% participation rate. Mayor Johnson asked if the percentage of those not participating in recycling have anything to do with absentee property owners who are not here part of the time. Public Services Director Scharmen explained there is a count once every couple of months, and explained there are various scenarios including large families, single residents who only put out the recycling every other week, and the absentee homeowners, but the counts show the City has one of the highest participation rates in Pinellas County. He stated it is a viable program that is well received by the City and it needs to keep moving forward. Page 9 of 13

10 Mayor Johnson opened the Agenda Item to public comment. th Ray Berger, 114, 13 Avenue, asked if the pick up of solid waste is coming down in proportion; therefore, the cost to the City has to be coming down. Public Services Director Scharmen explained the trucks have to run regardless, and the City is doing everything possible to recycle the most amount possible; the tipping fees have remained the same for the past ten years, and the City pays to dispose of its garbage. He explained it is not quite to the point of the recycling and the savings being a wash, but the City is working on getting there. Mayor Johnson closed the public comment session for this Agenda Item. MOTION MADE BY VICE MAYOR KENNEDY, SECONDED BY COMMISSIONER HAMILTON-WOLLIN, TO APPROVE RESOLUTION NO , AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH PROGRESSIVE WASTE SOLUTIONS OF FLORIDA, INC., FORMERLY KNOWN AS WASTE SERVICES, INCORPORATED FOR THE CITY OF INDIAN ROCKS BEACH CURBSIDE RECYCLING PROGRAM. UNANIMOUS APPROVAL BY ACCLAMATION. 9. ORDINANCES, first reading: None. 10A. DISCUSSION OF establishing a Charter Review Committee. (Charter Section 15.4(a), Charter Review Committee.) BACKGROUND: Charter Section Charter Review Committee. (a) The City Commission shall appoint a charter review committee no sooner than five years and no greater than ten years from January, The City Commission, by ordinance, shall establish membership, appointment, and procedures of the Charter Review Committee. (b) The Charter Review Committee will meet no later than 30 days after appointment for the purpose of organization and shall elect a chair and vice chair among its members. Further meetings of the Charter Review Committee shall be held at the call of the chair. All meetings shall be open to the public. A majority of members shall constitute a quorum. Page 10 of 13

11 (c) The Charter Review Committee shall review the Charter of the City and applicable county, state and federal statutes and laws in order to recommend amendments to the City Charter, if any. The Charter Review Committee shall complete its review and submit its report to the City Commission no later than six months after the original appointment of the committee. Included in the report shall be any proposed amendments to the Charter. After review of the report by the City Commission, the City Commission shall call for a referendum election on the proposed amendments, if any, in accordance with the general election laws of the State of Florida. Passage of amendments shall require approval of a majority of electors voting in said election on such amendment. ANALYSIS: As set forth in the City Charter, the City Commission must appoint a Charter Review Committee by January Staff recommends that the City Commission discuss the establishment of the Charter Review Committee, and establish criteria for membership, appointment process, and procedures or review process for inclusion in the development of a proposed ordinance for City Commission consideration. Staff recommends that the City Commission take legislative action to establish the Charter Review Committee. Within this action, the City Commission must establish criteria for membership, set forth the process for the appointment of members and provide procedural or process for the Committee s utilization. Per City Commission direction, staff will draft an ordinance for City Commission consideration incorporating the required criteria. City Manager Mims introduced the Agenda Item and explained a variety of information has been provided, and today there was additional historical information provided to the City Commission of who was on the Charter Review Committee previously and some of the recommendations they made. He explained the information is for the City Commission to review in moving forward with their appointments to the Charter Review Committee. City Clerk O Reilly advised she prepared a rough draft ordinance outlining the procedure and the appointment process. She noted last time, there were seven residents on the committee, which was a little too much and the meetings became a little overwhelming at times. She noted the draft ordinance has the committee being appointed on January 14, 2014, with appointments being effective January 15, 2014 through July 31, The first reading of the ordinance would be December 10, 2013 with second reading being scheduled for January 14, Page 11 of 13

12 Vice Mayor Kennedy asked if a resident who is already serving on a board can be on this committee as well. City Attorney Kiefer explained she has not had time to review the information; however, will provide an answer as soon as possible. City Manager Mims stated he was not aware of any limitations on the City Commission appointing someone serving on another board. Vice Mayor Kennedy agreed that a seven-member committee was a lot and it is a great committee that works very hard. City Attorney Kiefer verified there is nothing in the City Charter requiring a seven-member committee. She did note that the Charter Review Committee makes recommendations. However, the City Charter says that after review of the report by the City Commission, the City Commission shall call for a referendum election and those two things are inconsistent. She explained the City Commission is supposed to decide what, if any, recommendations they want to implement, and that is done by passing an ordinance, and then there is the ballot language to be decided on if it is to be forwarded to the election. She suggested that might be something for the City Commission to consider changing and amendments to the Charter do need to have a legal review. Mayor Johnson opened the agenda item to public comment. There was no public comment. CONSENSUS TO SCHEDULE FIRST READING OF AN ORDINANCE CREATING A CHARTER REVIEW COMMITTEE WITH FIVE MEMBERS FOR THE DECEMBER 10, 2013 CITY COMMISSION AGENDA WITH SECOND AND FINAL READING BEING SCHEDULED FOR JANUARY 14, CITIZEN PARTICIPATION. None. 12. OTHER BUSINESS DISCUSSION OF Planning and Zoning Membership. Commissioner Labadie expressed some concerns regarding the Planning and Zoning Board membership attendance where, of an eight member board, only three regular members and one alternate were present for the October 17, 2013 meeting. City Manager Mims commented that it seemed to be an unusual thing for this board, just some strange things happened all at once. Page 12 of 13

13 13. ADJOURNMENT. MOTION MADE BY COMMISSIONER HANNA, SECONDED BY COMMISSIONER LABADIE, TO ADJOURN THE MEETING AT 8:05 P.M. UNANIMOUS APPROVAL BY ACCLAMATION. November 12, 2013 Date Approved R.B. Johnson, Mayor-Commissioner ATTEST: Deanne B. O Reilly, MMC, City Clerk Page 13 of 13