CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 18, :00 PM

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1 CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 18, :00 PM Welcome to the City of Treasure Island Commission Meeting. If you wish to speak on a topic which is on today s agenda, a speaker s form [available in the rear of the room] must be completed and given to the City Clerk. Please do not address the Commission from your seat, but rather from the podium where your comments can be heard by all and recorded as required by Florida law. Unscheduled topics may be presented under the Public Comments section of the agenda. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Robert Minning Mayor Phil Collins Commissioner, District 1 - Vice Mayor Tim Ramsberger Commissioner, District 2 Patrick Jeffares Commissioner, District 3 Alan Bildz Commissioner, District 4 C. PROCLAMATIONS, RECOGNITIONS, CERTIFICATES OF APPRECIATION 1. Swearing in of City Clerk Tiffany Makras 2. Proclamation to Police Chief Tim Casey D. PUBLIC COMMENTS E. APPROVAL OF MINUTES 1. Approval of July 21, 2015 Board of Commissioners Regular Meeting Minutes 2. Approval of July 21, 2015 Board of Commissioners Regular Workshop Minutes 3. Approval of August 4, 2015 Board of Commissioners Regular Meeting Minutes 4. Approval of August 4, 2015 Board of Commissioners Regular Workshop Minutes F. APPROVAL OF REGULAR AND WORKSHOP AGENDAS G. CONSENT AGENDA H. ITEMS OF BUSINESS 1. Consideration of Res , Request to Place a Temporary Restroom Trailer at Caddy s on the Beach 2. Consideration of Res , Engagement of Legal Services for FLUE and PD 3. Consideration of Res , Appointing a Vision Steering Committee Member 4. Consideration of Res , Res 15-77, Annual Board & Committee Appointments 5. Consideration of Res , Res.15-67, Proposed Amendments to Fee Schedule 6. Consideration of Res , Res 15-71, FY PSTA Agreement for Beach Trolley Service City of Treasure Island, Florida Page 1 of 2

2 7. Consideration of Ord , Ord : Ord 15-11, 2016 Election Dates and Qualifying Periods (First Reading) I. ADJOURNMENT Any person desiring to file an appeal to any action taken by the Commission at this meeting will need a record of the proceedings and for such purpose may be required to insure that a verbatim transcript is made. Said transcript shall be made by the appellant at his or her expense. The City maintains a video recording of all public hearings. In the event that you wish to appeal a decision, the video may or may not adequately insure a verbatim record of the proceedings. Therefore, you may wish to provide a court reporter at your expense. City of Treasure Island, Florida Page 2 of 2 Updated 8/13/ :18 AM

3 CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR MEETING MINUTES JULY 21, :00 PM E.1 The meeting was called to order at 6:07 PM by Mayor Robert Minning A. PLEDGE OF ALLEGIANCE B. ROLL CALL Attendee Name Title Status Arrived Robert Minning Mayor Present Phil Collins Commissioner, District 1 - Vice Mayor Present Tim Ramsberger Commissioner, District 2 Present Patrick Jeffares Commissioner, District 3 Present Alan Bildz Commissioner, District 4 Present C. PROCLAMATIONS, RECOGNITIONS, CERTIFICATES OF APPRECIATION D. PUBLIC COMMENTS Mel Lenehan made comments regarding the City Clerk. She stated that she has requested information regarding the Police Chief, the pensions, and the education funds. Mary Maloof made comments to the City Clerk. She then made comments regarding property values. Treasure Island is second from the bottom of the beach communities. It concerns her. She made comments on the building going in on the old Buccaneer property. She made comments regarding the lack of redevelopment and the effect on property values. She then made comments regarding the bridge. No one is going to buy it or accept it as a gift. She commends the City Manager for looking at the tolls. There is no record anywhere prohibiting tolls. She feels that it was Congressman Young's foresight and wisdom that it was not put into the agreement. We should be collecting tolls from everyone that crosses the bridge and not just our residents. Gregory Tong stated that it is no secret that everyone envies what Madeira Beach is doing. He made comments regarding their taxes, businesses, and development. He stated that tolls would hinder the people that work in Treasure Island. He asked if there would be a way for those people to buy a pass. He suggested that it be looked at. E. APPROVAL OF MINUTES 1. Approval of July 7, 2015 Board of Commissioners Regular Workshop Minutes RESULT: ACCEPTED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz Minutes Acceptance: Minutes of Jul 21, :00 PM (APPROVAL OF MINUTES) 2. Approval of July 7, 2015 Board of Commissioners Regular Meeting Minutes City of Treasure Island, Florida Page 1 of 3 Packet Pg. 3

4 E.1 RESULT: ACCEPTED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz F. APPROVAL OF REGULAR AND WORKSHOP AGENDAS Mayor Minning stated that Item #6, BP settlement was being removed from the agenda. He noted that Items #7 & 8 are being added. G. CONSENT AGENDA H. ITEMS OF BUSINESS 1. Acceptance of Donation from American Legion Auxiliary Unit 158 Diane Marks, President of the American Legion Auxiliary Post 158, committed to a $1,000 donation for the children's camp program. She made positive comments about the program and stated that they are pleased to provide money for the field trips. Ms. Hayduke made comments regarding the donations and stated that the first big trip would be Legoland tomorrow and some of the funds would be used. It was moved by Commissioner Bildz and seconded by Commissioner Ramsberger to accept the generous donation. Upon roll call the vote to approve was unanimous. 2. Consideration of Res , Award of Work Authorization to Advanced Engineering and Design, Inc. for Lift Station Evaluation Services Required for the SRLF Application RESULT: APPROVED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz 3. Consideration of Res , Award of Contract to Wharton-Smith, Inc. for the Lift Station No.4 Rehabilitation RESULT: APPROVED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz 4. Consideration of Res , Award of Contract for Resurfacing of Various Streets to AJAX Paving Minutes Acceptance: Minutes of Jul 21, :00 PM (APPROVAL OF MINUTES) RESULT: APPROVED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz 5. Consideration of Res , Health Insurance Renewal FY City of Treasure Island, Florida Page 2 of 3 Updated 8/12/2015 8:25 PM Packet Pg. 4

5 E.1 RESULT: APPROVED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz 6. Consideration of Res , Tentative Property Tax Millage Rate for FY Commissioner Bildz stated that this is what the budget was predicated on but it can be lowered. RESULT: APPROVED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz 7. Consideration of Res , BP Oil Spill Settlement (back-up forthcoming) RESULT: WITHDRAWN 8. Consideration of Res , Res 15-68, Appointment of the City Clerk Mr. Silverboard explained that the City Clerk would be leaving at the close of business on August 3rd. Interviews have been held. He gave a summary of the interview process. He stated that they have been provided with the resumes of all of the candidates that were interviewed. He is recommending that they offer the position to Tiffany Makris. He stated that it is up to the Commission whether they want to interview the candidates, and if so, what format they would like to use. Commissioner Ramsberger stated that he would like to interview, and would be comfortable with whatever format the rest of the Commission would like. Commissioner Collins stated that he would like to do so as well. Mr. Silverboard stated that they will contact the candidates and get a date that they can all be there. Commissioner Collins stated that afternoons are best for him. Commissioner Bildz stated that this is a charter officer and suggested that they try for Monday or Tuesday of next week. Mr. Silverboard clarified that they will each have an area and each candidate will meet with each Commissioner, and then they will set a special meeting to appoint a City Clerk. They will try to do it on Tuesday, with alternate dates if necessary. RESULT: I. ADJOURNMENT RETURN AT A FUTURE MEETING The meeting was adjourned at 6:39 p.m. by Mayor Minning. Minutes Acceptance: Minutes of Jul 21, :00 PM (APPROVAL OF MINUTES) Attest: Dawn Foss, City Clerk City of Treasure Island, Florida Page 3 of 3 Updated 8/12/2015 8:25 PM Packet Pg. 5

6 CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR WORKSHOP MINUTES JULY 21, 2015 E.2 The meeting was called to order at 6:45 PM by Mayor Robert Minning I. DISCUSSION 1. Consideration of Res , Interlocal Agreement with the Pinellas County Property Appraiser Pam Dubov, Pinellas County Property Appraiser, gave an explanation of the item. She stated that over the eighteen months that she has left in office she would like to scrub the tax rolls to be sure that they catch everyone that is cheating on their homestead exemptions. She explained what can happen when they catch people who have not followed the law. She briefly described how vendors can assist in this process, and stated that she is not giving away her authority. She explained the process that would be followed for verification. The final decision will be made by her office. She is asking for the city's agreement to allow the vendor to be paid out of the proceeds of that which is collected. All of the revenue goes to the taxing authorities and the vendor in a 70/30 split. Commissioner Collins asked what would be done if the taxpayer doesn't return the questionnaire. Ms. Dubov stated that she would make a decision based on the evidence presented. Commissioner Collins asked how far back they would go. Ms. Dubov stated that it would be three years. The law allows them to lien going back ten years. Commissioner Ramsberger stated that he is fully supportive of this. He asked what the timing of this would be. Ms. Dubov stated that they are hoping to do this based on the tax rolls for If they don't want to do this and other taxing authorities want to do it then she won't go forward with it for Treasure Island. This item will move forward to the next meeting agenda. RESULT: MOVED FOWARD Next: 8/4/2015 6:00 PM 2. Consideration of Res , Request from Sunset Vista Beachfront Suites to Host High School Ms. Hayduke gave an explanation of the item. Sunset Vista Beachfront Suites is requesting permission to host a Largo High School, class of 1979 reunion on the beach behind their property. A representative of Rent All, who is handling this event, stated that they do these events frequently. This one is on the sand, so they need permission. Commissioner Ramsberger asked where everyone participating would be staying. A representative from the reunion committee stated that everyone would be staying at Sunset Vista Beachfront Suites. Commissioner Bildz asked about the site plan for the event. It is very dark in the packet. This item will move forward to the next meeting agenda. Minutes Acceptance: Minutes of Jul 21, :05 PM (APPROVAL OF MINUTES) RESULT: MOVED FOWARD Next: 8/4/2015 6:00 PM 3. Consideration of Res , Purchase of Extrication Equipment Chief Mallory gave an explanation of the item. This is a new item, not a replacement. This is the only piece of equipment that they don't have. He gave a description of the equipment. He gave a brief list of the benefits to a battery powered unit compared to a gas powered unit. They budgeted for the purchase, and then received $6,000 in donations towards the purchase of the equipment. City of Treasure Island, Florida Page 1 of 6 Packet Pg. 6

7 E.2 Commissioner Collins asked the life expectancy of the equipment. Chief Mallory stated that there have been units still operational for 10 or 20 years. The battery life of this unit is approximately five years. The equipment would last 10 to 20 years. Commissioner Collins asked the cost of the batteries. Chief Mallory stated that they hadn't priced batteries because they wouldn't be looking to replace them for about five years. He stated that they are not looking at the adapter at this time. Commissioner Collins asked which vehicle this would be kept in. Chief Mallory stated that it would be in the engine. This item will move forward to the next meeting agenda. RESULT: MOVED FOWARD Next: 8/4/2015 6:00 PM 4. Consideration of Res , Engagement of Land Use Attorney Ms. Kiefer gave an explanation of the item. There were nine responses to the request for proposals. She stated that each of the firms had good credentials and experience. She made brief comments regarding the two firms that have had experience with Treasure Island in the past. She was familiar with all but one of the firms. Commissioner Collins asked about the $75,000 figure. Ms. Kiefer gave an explanation. Commissioner Collins stated that he has problems with this. He feels that this will snowball into much higher numbers. He stated that Mr. Weiss has offered to pay for a referendum to see if there is backing from the residents. If there is resident support he would pay for the referendum. Commissioner Bildz stated that Mr. Weiss sent an . They are requesting a second opinion, and they got one from Attorney Weiss. He told them where most of the challenges in court are. They should listen to him. He asked Ms. Kiefer if any of the attorneys have looked at this. Ms. Kiefer stated that they will not be doing that without compensation. Commissioner Ramsberger asked Ms. Kiefer what her opinion of what Mr. Weiss said was. Ms. Kiefer stated that in her opinion there is no issue with the Comp P lan. It comes down to a battle of the experts. She doesn't think there is anything facially invalid about the ordinance or the Comp Plan amendments. If they want more information about this then they need a Planning Consultant. Mr. Silverboard stated that he disagrees with them all. Mr. Weiss has told them if they do this he will sue them. Now he is saying that if they get a straw vote then he won't sue them. A straw vote doesn't count as a referendum. We would still have to have a referendum after that, so the straw vote is really meaningless. He doesn't know why he insists that we not hire an attorney. This whole process is so important to the future of the city that they cannot afford to make a mistake. He isn't certain that the process has been followed. He doesn't expect the attorneys to decide whether a set back should be ten feet or three feet. We are hiring them to make a recommendation as to whether everything in the comp plan is legal and the process has been done properly. We can't afford to lose because of a technicality. If the voters decide that they aren't interested then they will have to live with the community that they create. If they do vote for this he wants to be sure that the ordinances are valid, complete, and will withstand a challenge. Minutes Acceptance: Minutes of Jul 21, :05 PM (APPROVAL OF MINUTES) Commissioner Collins stated that they don't usually disagree. He is confused about the legalities of this. If it goes to a straw vote and then they get back an overwhelming answer from the residents what problem does that create. Mr. Silverboard gave a list of things that residents could debate. After we have gone through the legal vetting of this then we know if they make an allegation then we will know that they are valid and we did follow the procedure. Commissioner Collins stated that they are talking about spending money for an opinion. We could have another attorney with a different opinion. When he votes on something he votes on it as though he owns Treasure Island and asks if he would write the check if it was his. He thinks a straw vote gives them some indication, just like an opinion from an attorney gives them some indication. City of Treasure Island, Florida Page 2 of 6 Updated 8/12/2015 8:41 PM Packet Pg. 7

8 E.2 Mr. Silverboard stated that when he recommends spending taxpayer money he has the same attitude. His job and reputation is on the line every time he makes a recommendation. It will be too late if this is overturned somewhere down the line over a technicality. You control how much you spend on this. If the attorney is thinking about long term that is another whole thing. You are hiring them for a specific task. You have the opportunity to decide not to spend more money for additional work. Someone has thrown out scare tactics for four years over this PD. We need to do this, do it right, and lay it to rest. Commissioner Bildz stated that Mr. Silverboard has disagreed with all of the attorneys. He agrees with what Mr. Weiss has said. The ordinance is fine. The problem could be in the Comp Plan. If he thinks they haven't done something right then let's go back and do it right. Commissioner Ramsberger asked why we didn't do this several years back. Mr. Silverboard stated that we have a specific proposal and course of action. Mr. Silverboard gave a history of this issue, listing the areas that the first PD referenced. Commissioner Ramsberger stated that his concern was that we have been navigating this for a couple of years, and now we are asking someone to tell us where that navigation took us. Mr. Silverboard stated that what we are asking someone to do is to review what we did to ensure that what we did is sustainable. He made brief comments on changes that have taken place since Mr. Siemans issued his opinion. It has gone through a long process of over four years. It needs to be reviewed by an attorney, not a planner. The planners have done their work. Commissioner Jeffares stated that he sees the value of an attorney's opinion. It is a matter of picking the right one and sticking with their opinion. Mayor Minning stated that he agrees. It is very evident that there are people both for an against this. We need the back up and the comfort in knowing that when people say that we didn't do something correctly we are confident that we will withstand legal scrutiny. Then it will be up to the voters to decide. Commissioner Collins stated that if we get a straw vote it isn't binding on the city or anybody and it hasn't cost us any money. Mayor Minning stated that if we were assured that all of the discussion that would come forward associated with the straw vote was factually correct he would agree, but we don't have all of the facts that we need to counter what could come up. He would like to know that someone has looked at this and said that what we have done is what was needed and was done properly. Commissioner Collins stated that it would be an attorney's opinion, and we could get another opinion that was different. Mayor Minning stated that if this moved forward we would be in favor of spending no more than $15,000. Commissioner Bildz stated that a straw vote would be the vote. If this is 50/50 what do we do? In his opinion if we are going to have a vote then let's just have a vote. He is concerned that we will spend a lot of money staff wise. Commissioner Collins stated that Mr. Weiss has offered to pay for it. Mayor Minning stated that it still won't get us to the end. Commissioner Ramsberger asked how we would narrow this down, and how we would manager it. If we cap it at $15,000 what will we get for $15,000. Commissioner Collins stated that we could use up $15,000 quickly without getting the end result. Minutes Acceptance: Minutes of Jul 21, :05 PM (APPROVAL OF MINUTES) Ken Weiss stated that he expected Mr. Silverboard to object to this. He stated that the taxpayers of this city have voted overwhelmingly that they want to vote on height and density. If the voters reject height and density the city pays nothing. There is no ordinance at that point. People have a right to vote on increased height and density. Mr. Silverboard knows the answer to that, which is why he is objecting. If there is a vote of 60 or 70 to 30 or 40, any of them could agree to amend the Comprehensive Plan, but would you? If it is 50/50 it may be a different issue, but he doesn't think it would be close. That is why he is willing to spend his own money. He wants to see the citizen's will regarding height and density. A straw vote isn't binding, but would any of them vote to increase height and density if there was a majority vote against it? It will cost $100,000 - $200,000 to get there. He is willing personally, even though he doesn't believe that the city should have increased height and density, to accept the citizens' decision. City of Treasure Island, Florida Page 3 of 6 Updated 8/12/2015 8:41 PM Packet Pg. 8

9 E.2 What is everybody afraid of? Everybody knows what the sentiment of the city is. If the voters say increase height and density then go for it, but if they say no then stop. Development will begin when the developers hear no. They started building across the street when he objected to increasing the height and density. He is willing to do this. He believes that it is appropriate. The issue on these challenges is not whether the ordinance is written right. The issue is whether the city planners have done their job right. No legal opinion will warrant that. St. Pete Beach didn't advertise their ordinance correctly, but they had pages of challenges. Marie Barba stated that there are a couple of things that she is not in accordance with and doesn't understand. What she recalls is that the attorney at one time when the PD ordinance came up advised not to follow through as it was written because of the location being included. She has some questions of the legality of the ordinance. When Attorney Denhardt was here they tried to do this before and he concluded that this was not a legal way to do it because it was excluding the property owners in the south side of the island. The straw vote is the best way to go about this for the taxpayers' opinion. The other cities do not have the same charter that we do. We have to go before the people to get this passed. She made comments about the percentages of increase that is being proposed. She is not in favor of them spending more money. They already have a legal opinion from Charlie Siemans, and the gift of a straw vote. That is all that they need to know. It is reckless. Consider the straw vote. Everyone should be in favor with this because it will not cost money. She backs up Mr. Weiss. Mel Lenehan stated that the past speaker has stated that the most important thing is that the city planners have done their job correctly. That said, we need a legal opinion to check that off the list of things that we need to do. It is the citizens' right to vote. If their right to vote gets taken away there should be a class action lawsuit against the people that take their rights away, but they still have to do what they have to do. She has talked to a lot of people who say that they know that they need change. There will be a change in the way people vote. They need to know that they did what they had to do, and then bring it to a vote. Commissioner Bildz stated that as far as a legal issue they have their second opinion. Legally they are on firm ground. Mr. Silverboard stated that Mr. Weiss said that they have had many discussions. He has had two discussions with him. The last is the longest one, and they both agreed that it was imperative that they have a referendum vote. Now we have the offer of a straw vote if we don't do a legal review. He is quoting $100,000 - $200,000. He feels that Mr. Weiss is threatening a law suit and that is where those numbers are coming from. He resents that Mr. Weiss implies that he is not willing to have the citizens vote. He understands fully that we have to take this to referendum. He made comments regarding allegations that have been made by people without explaining. This is an important issue and an important decision. It is worth $20,000, $50,000, or $75,000 if you get it to sustain this. He doesn't know why the people who want to follow Mr. Weiss' suggestion want it to be exactly as he proposes it by having a straw vote without an attorney's opinion. What if we get an opinion and still have a vote. Commissioner Collins stated that the crux of it is to decide whether the residents are in favor of increased height and density in the PD. Rather than spending a lot of money prematurely for something that ultimately the voters might not want doesn't make sense. Mayor Minning stated that Commissioner Bildz hit the nail on the head. If we go to referendum let's do it once. No matter what the straw vote said we would still have to go to referendum to move forward. He is in favor of getting the opinion and having one vote. Commissioner Collins asked how he felt about the carte blanche attitude that we don't know what it is going to cost. Mayor Minning stated that we will know. Commissioner Collins stated that if they run out of time before they have finished then what? Minutes Acceptance: Minutes of Jul 21, :05 PM (APPROVAL OF MINUTES) Ms. Kiefer gave the example of when they got the opinion from Mr. Siemans. She gave an explanation of what would happen here. She stated that if we followed the proper procedures is moot at this point. They have to start all over now, so what they did in the past has to be done again. If they have a budget of $15,000, which sounds very reasonable to her, if other things come up they will have to qualify their opinion within that budget. If they want someone who is already familiar with what they have, Attorney City of Treasure Island, Florida Page 4 of 6 Updated 8/12/2015 8:41 PM Packet Pg. 9

10 E.2 Siemans has already reviewed all that so he would be picking up at the final draft. The other attorneys would have to do what he has already done and then some. Commissioner Jeffares stated that he thinks this is part of their due diligence. Commissioner Ramsberger stated that looking at Ms. Kiefer's report, this may not be the end of it. He isn't sure at this point, but is willing to bring it back for discussion in two weeks. This item will move forward to the next meeting agenda. Mr. Weiss stated that he requested that if they move the question forward that they also move his suggestion about the straw vote forward. Given that the two may be tied together if that isn't the appropriate procedure he would like some input. Mayor Minning asked if any of the Commission would like to put the straw vote on the agenda. Commissioner Collins stated that he would like to do so. Mr. Weiss asked why they wouldn't put this forward to the public at a public meeting. He put this forward two weeks ago and asked that this be considered. He thought that the time to consider this would be at the same time that they consider whether to get a legal opinion. They are not dependent on each other, but it seems that this is a common sense approach. Mayor Minning stated that they will move forward the item regarding the legal opinion. If a Commissioner would like to add this to an agenda they can request to do so. RESULT: MOVED FOWARD Next: 8/4/2015 6:00 PM II. OLD BUSINESS Commissioner Collins asked if there was structural damage to the Capri bridge and whether there is an estimated time that it will be repaired. Mr. Silverboard stated that they found out today that the person that ran into it didn't have insurance coverage. We have asked that they look into whether he has assets. We have looked into the cost of getting it repaired, and it will start soon. Commissioner Collins stated that he heard on the news that there was a hit and run with someone killed in Treasure Island. Mr. Silverboard stated that there was an accident near Sloppy Joes. There were injuries, including one of our firefighters. Commissioner Ramsberger asked Ms. Kiefer why she was not in attendance at the budget workshops. Ms. Kiefer stated that it was because nobody asked her to attend. III. CITY MANAGER AND CITY ATTORNEY REPORT Ms. Kiefer stated that in the case of Treasure Island v Graham Booth and Coastal Technology they have mediation in August. She requested that they schedule another executive session shortly after the mediation. She suggested that they do it a couple of days after. It was agreed to schedule it for Thursday, August 27th at 4:30. Ms. Kiefer gave the required announcement for the special meeting and executive session, including the anticipated attendants, location, and expected length of time. Minutes Acceptance: Minutes of Jul 21, :05 PM (APPROVAL OF MINUTES) Mr. Silverboard stated that all three candidates are available next Tuesday at 2:00. They will have a special meeting after, here in the auditorium. The City Clerk will ask the Vision Committee if they can meet a different day. Mr. Silverboard announced that the contractors for Gulf Boulevard are back, but it is for minor repairs only. They are doing paving markings, so there have been some lane closures. City of Treasure Island, Florida Page 5 of 6 Updated 8/12/2015 8:41 PM Packet Pg. 10

11 E.2 Mr. Silverboard stated that he has asked the Public Works crew to take the banners down from the John's Pass bridge because they are faded. There are new banners on order. Commissioner Collins asked how long they have been up. Mr. Silverboard stated that they last five or six months. IV. CITY COMMISSION REPORTS Mayor Minning stated that we got notified by Sara Ward of the MPO that the bike trail was originally scheduled for funding in 2018, and has now been moved up to V. PUBLIC COMMENT Mel Lenehan stated that at the budget meeting she asked where the City Attorney was. She was told by the City Manager that she wasn't required to be there. There were some changes in the legal account. They need to be sure that she is invited next year. She stated that she is glad that they are interviewing for the City Clerk. She hopes that if they hire attorneys they also interview them. She stated that she thinks that it is a good idea to hire lobbyists for the state. She suggested that they make a presentation to the County Commission. She wants to see them move forward with the tolls, or see if the state or county would take over the bridge first. Marie Barba stated that as far as the bridge goes, the other city has a toll. She doesn't understand this first amendment interpretation. This is not following a consistent process. They need to get this clearer. Instead of hiring another PD ordinance attorney maybe they should be hiring a first amendment attorney. Eric Corson stated that there are some residents on Sunset Beach that would like to duplicate the bonfire at a different location and time. He asked what the appropriate procedure would be. Mayor Minning suggested that he ask Commissioner Bildz to make a request for it to come up at a future workshop. VI. ADJOURN The workshop was adjourned at 8:25 p.m. by Mayor Minning. Minutes Acceptance: Minutes of Jul 21, :05 PM (APPROVAL OF MINUTES) City of Treasure Island, Florida Page 6 of 6 Updated 8/12/2015 8:41 PM Packet Pg. 11

12 CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR MEETING MINUTES AUGUST 4, :00 PM E.3 The meeting was called to order at 6:00 PM by Mayor Robert Minning A. PLEDGE OF ALLEGIANCE--WAS LED BY MAYOR MINNING B. ROLL CALL Attendee Name Title Status Arrived Robert Minning Mayor Present Phil Collins Commissioner, District 1 - Vice Mayor Present Tim Ramsberger Commissioner, District 2 Present Patrick Jeffares Commissioner, District 3 Present Alan Bildz Commissioner, District 4 Present C. PROCLAMATIONS, RECOGNITIONS, CERTIFICATES OF APPRECIATION 1. Proclamation-James Armstrong Mayor Minning read the proclamation that was presented to James Armstrong for his many years of service to the City of Treasure Island. Mr. Armstrong thanked the City for hiring him. He wished the City staff continued success in the future. Mayor Minning introduced the new City Clerk Tiffany Makras. Ms. Makras will start on August 17, Mayor Minning said some nice words about former City Clerk Dawn Foss who retired on August 3, D. PUBLIC COMMENTS Art Munjone spoke about the Treasure Island Police Department He told the story of when the police department went above and beyond the call of duty with regard to the homeless situation. He spoke very highly about the police department's efforts. He said they are very proactive. Mr. Mitchell Shenkman spoke about the Treasure Island Police Department. He said that fifty percent of their time is spent on the homeless situation. Mr. Shenkman said that maybe they could discuss an open beverage ordinance for downtown. Greg Tong thanked the Police Chief, Lieutenant and the City Manager for speaking at the Chamber of Commerce event. Eric Corson spoke briefly about his request for the bonfire for a homecoming event this fall. He has submitted in the paperwork. E. APPROVAL OF MINUTES-NO MINUTES Minutes Acceptance: Minutes of Aug 4, :00 PM (APPROVAL OF MINUTES) F. APPROVAL OF REGULAR AND WORKSHOP AGENDAS Mayor Minning stated there is an additional item on the regular agenda. Commissioner Bildz asked why it was not on the workshop. Mayor Minning said the item had been workshopped in the past but the Commission did not go forward with it. G. CONSENT AGENDA-NONE H. ITEMS OF BUSINESS City of Treasure Island, Florida Page 1 of 4 Packet Pg. 12

13 E.3 1. Consideration of Res , Request from Sunset Vista Beachfront Suites to Host High School RESULT: APPROVED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz 2. Consideration of Res , Appointing a Vision Steering Committee Member Commissioner Bildz asked why they would appoint one person and not the other. Mr. Silverboard said he believes the reason is if the person can only occasionally make the meeting it would be difficult for the board to get a quorum. Commissioner Collins asked if Ms. Marks was present. She was not. Mayor Minning said they are discussing the quorum issue at the workshop. Commissioner Bildz said if a person takes the time to fill out the application and says they can sometime attend a day time meeting they should be appointed. Mayor Minning said they will add both names to the resolution. Commissioner Collins said he believes that if someone misses three meetings they are off the board. Mr. Mitchell Shenkman said he doesn't agree with putting a person on the board who cannot attend every meeting. The Vision Committee has struggled to get a quorum. There are two people who have been assigned by the Commission to the Committee. They have yet to attend a meeting. Mr. Shenkman said there would be no point in putting a third person on the board if they would not be able to regularly attend the meetings. Commissioner Bildz said it is a volunteer organization. If a person signs up for a committee they should be assigned. If the Commission appointed the members they Commission can take them off. He believes that the Code Enforcement Board is the only committee that will dismiss someone after three absences. Commissioner Collins believes they should appoint the person who volunteers. If they miss three meetings they start over again. Clyde Smith said they have had difficulty getting a quorum. He said it is frustrating when no meeting occurs. He suggested talking to the applicant to see what their restrictions are before appointing them. Commissioner Ramsberger said he agreed and suggested they table the second candidate until they speak with the volunteer. RESULT: APPROVED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Phil Collins, Commissioner, District 1 - Vice Mayor AYES: Minning, Collins, Ramsberger, Jeffares, Bildz 3. Consideration of Res , Interlocal Agreement with the Pinellas County Property Appraiser Mr. Silverboard gave a brief explanation about the item. Pam Dubov is implementing a program to hire an outside firm to verify if someone is entitled to homestead exemption. This is a way of cracking down on those who are not eligible for homestead exemption. It will not cost the City anything. The firm will get paid by getting 30% of the tax proceeds and back taxes. Only the cities that take part in the agreement would have the property appraiser send the tax records to the company. Those that do not enter into the interlocal agreement would not be checked. Minutes Acceptance: Minutes of Aug 4, :00 PM (APPROVAL OF MINUTES) City of Treasure Island, Florida Page 2 of 4 Updated 8/12/2015 4:55 PM Packet Pg. 13

14 E.3 RESULT: APPROVED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz 4. Consideration of Res , Engagement of Land Use Attorney Mr. Silverboard said he tried to better define the services. They are outlined in Exhibit 1. Mayor Minning made a motion. No one seconded. RESULT: DIED ON THE TABLE 5. Consideration of Res , Purchase of Extrication Equipment RESULT: APPROVED [UNANIMOUS] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Collins, Ramsberger, Jeffares, Bildz 6. Consideration of Res , Purchase of Tractor and Attachments for Beach Raking Mayor Minning explained they were revisiting this item. The intent of the purchase was to start raking the beach. Commissioner Collins asked because of the lawsuit are they allowed to rake the beach. Mr. Silverboard said it is his understanding that when they appealed the judge's injunction, it stayed the injunction. The City said they would abide by the injunction until the appeal is resolved. Included in that is not raking the beach. The beach has not been raked since January. The vegetation is starting to get established. He doesn't believe it is in the best interest of the beach. Some of the vegetation is getting close to the mean high water line. The City is getting complaints about the condition of the beach including the sand spurs. What staff is suggesting is they rake the first 200 ft of the beach from the mean high water line. They will rake a pathway from that area to the beach accesses or dune walk overs. Hopefully by doing that they will provide a safe pathway. They are not suggesting they do anything else like let vendors ride back and forth. Mr. Silverboard said it will take approximately 8 weeks before the tractor and rake are delivered. In the meantime they are looking to hire a raking company who are permitted by DEP. Commissioner Bildz asked if they were going to be arrested for riding a vehicle on the beach. Mr. Silverboard said they would not be arrested because we are currently under a stay. Mr. Silverboard said it was up to the Commission to decide if they wanted to allow vendors to ride on the beach. Staff is suggesting they need to something about the vegetation and raking the portion of the beach. Commissioner Bildz said anyone could object the stay. Commissioner Bildz said the tractor will help with the escarpments. Commissioner Collins wanted to know what other tasks the tractor would be used for. Mr. Silverboard said they use it to knock down escarpments 18 inches or greater that are created by storms that produce high winds and high waves. Commissioner Collins asked if they lose the lawsuit would they not be able to use the tractor. Mr. Silverboard said if the City loses the lawsuit they would only be able to use the tractor when their is a safety issue like when the escarpments form. Minutes Acceptance: Minutes of Aug 4, :00 PM (APPROVAL OF MINUTES) City of Treasure Island, Florida Page 3 of 4 Updated 8/12/2015 4:55 PM Packet Pg. 14

15 E.3 RESULT: APPROVED [4 TO 1] MOVER: Alan Bildz, Commissioner, District 4 SECONDER: Tim Ramsberger, Commissioner, District 2 AYES: Minning, Ramsberger, Jeffares, Bildz NAYS: Collins I. ADJOURNMENT-MEETING ADJOURNED AT 6:35 Minutes Acceptance: Minutes of Aug 4, :00 PM (APPROVAL OF MINUTES) City of Treasure Island, Florida Page 4 of 4 Updated 8/12/2015 4:55 PM Packet Pg. 15

16 CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR WORKSHOP MINUTES AUGUST 4, 2015 E.4 The meeting was called to order at 6:46 PM by Mayor Robert Minning I. DISCUSSION 1. Consideration of Res , Request to Place a Temporary Restroom Trailer at Caddy s on the Beach (back-up forthcoming) Community Improvement Director, Paula Cohen said that in 2009 Tony Amico acquired temporary restroom trailer on the Caddy s property to accommodate the crowds. The restroom trailer was not available and it didn't proceed. There are port-o-lets on the beach. In April 2015 Caddy s was purchased by SFMB. Staff has received a letter from Jack Bodziak to ask to install a temporary restroom facility. The site plan modification is set for the August 20, 2015 Planning and Zoning meeting. Ms. Cohen went through the steps that are needed before they receive the permits and for them to move on with the creation of the structure. Ms. Cohen went into the explanation of the structure, its dimensions and other details for the structure. Staff is recommending approval with several stipulations. Ms. Cohen went through the stipulations. The temporary units would be only allowed for six months total as they build the permanent structures. If the permanent structures are not completed in six months, an extension request would have to go before the Commission to permit another six months. The wheels cannot be removed so that it could be moved in the case of a hurricane or tropical storm. Commissioner Bildz asked about the holding tanks. Ms. Cohen said staff doesn t want them to use the holding tanks. Commissioner Bildz asked them to add that the holding tanks shall not be utilized to the resolution. Commissioner Bildz had a question about the second location and its effect on the mean high water line. Ms. Cohen said the P&Z would be looking at the permanent structure at their August 20, 2015 meeting. Commissioner Bildz had a question about the location. Ms. Cohen said she would take care of it. Mr. Silverboard said it is six months total in both locations. Commissioner Bildz asked that it be reflected in the resolution. The item is moved forward. RESULT: MOVED FOWARD Next: 8/18/2015 6:00 PM 2. Discussion of Meeting without Quorum City Attorney Maura Kiefer said she received questions from the Vision Steering Committee about quorum requirements. The Commission controls the committee setting for their procedures. She felt that it would go against the resolution. If they don t have a quorum can they conduct the meeting. She answered the question by referencing the Commission's resolution. You need a quorum to convene a meeting. It is policy and under the Commission s control. There is quorum deficiency with the Vision Steering Committee. She would like some input from the Commission and how they would feel about the committee meeting for discussion in the Sunshine as long as they do not vote. She said they may want to look into changing the quorum requirements for the committee for it has been going on for a while. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) Commissioner Bildz said he would be in favor in changing the quorum requirements rather than having a committee have a meeting without a quorum. Commissioner Ramsberger said he agrees. Ms. Kiefer City of Treasure Island, Florida Page 1 of 11 Packet Pg. 16

17 E.4 said it is more than five out of nine members. Commissioner Bildz said there are 15 members. Mr. Silverboard believes what they may be suggesting is getting together to discuss issues relating to the committee with the cameras rolling. They would take no formal action. Commissioner Bildz said if it isn t a meeting they shouldn t take up staff time. He suggested relaxing the quorum requirements so they could have a meeting with fewer members. Ms. Kiefer stated that the quorum requirement is eight on a fifteen member board or a majority of the seated membership. Commissioner Bildz asked how many people were seated. Commissioner Collins asked a question about the quorum. Ms. Kiefer said the quorum requirements are defined by the Commission in their resolution. Commissioner Collins asked if they could change the requirements. Ms. Kiefer answered in the affirmative and said they need to amend their resolution. Mr. Silverboard explained what was meant by seated members. Mitchell Shenkman said there are 11 seated members and only 8 have been in attendance. He explained the situation with those who do and do not show up. He would like to suggest that if they do not show up for three meetings they are off the board. He explained the issues with the lack of attendance. He shared the work that six of the members have done. The Commission approved $3,400 in the budget for a community forum in January. He said it would be difficult to have the forum if they cannot have their meetings. Marie Barba asked if it is a temporary committee or is it a permanent committee. There is a Treasure Island Residential Committee being started up. Mr. Silverboard said that the Vision Committee isn't in the charter. The Commission can appoint a committee for any time they want as long as there is a mission statement. The Vision is doing a five year update plan. Commissioner Bildz said the charter discusses temporary and permanent committees. Clyde Smith said the Vision Steering Committee was sunseted. They then became the Stewardship Committee which was created to take the information from the 1200 people in and see that the vision was brought before Commission with what the residents supported. There are newer issues and growing issues. The Commission then decided to put back the Steering Committee for dialogue with the community. He spoke highly about the people who were working hard. The quorum is an issue. He said the Sunshine Issue makes it difficult. It has been stagnant. He said they could clean up the roster. He welcomed anyone to volunteer. He suggested five people be the quorum. Ms. Kiefer said they could have an ad hoc committee that only gathers information. She offered her services to oversee it. Commissioner Bildz said there is 11 seated meeting. There are three members that do not show up. He suggested that they put in that if you miss three meetings you are removed and then the number in the quorum would be reduced to four. Mayor Minning asked if there is anything in the resolution about missing the meetings. Ms. Kiefer said no. Commissioner Bildz suggested that they make it retroactive. Ms. Kiefer said they have authority. Mr. Smith made a comment about Mr. Fant. Mr. Fant takes six months off each year. Could he resign when he goes and, assuming all fifteen spaces aren't filled, he could be appointed back to the committee. Mayor Minning said there are two options. To reduce the number of members or to reduce the quorum. Commissioner Collins said he is in favor of reducing the quorum. Mr. Shenkman said they were told by the former City Clerk that if a member missed three meetings they were off the committee. Commissioner Jeffares asked for some clarification on the number of members. Ms. Kiefer said the quorum depends on seated members. No one has been unseated. Only the Commission has the authority to unseat a member. Right now there are 11 members. The majority is seven for a quorum. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) Mayor Minning asked if there was an average number of attendees at the meetings. Mr. Shenkman said there are six that are there all the time. Commissioner Ramsberger suggested making five be a quorum and also add a provision to the resolution that states automatic dismissal after three absences. Commissioner Bildz said he would rather not mess with the quorum number. Commissioner Ramsberger pointed out that they did budget money for the committee and it would be nice to get some results. City of Treasure Island, Florida Page 2 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 17

18 E.4 Mayor Minning instructed staff to amend the resolution to reflect that five members equals a quorum and dismissal after three absences. Ms. Kiefer stated that they will not have a meeting without a quorum. The Commission agreed. Commissioner Ramsberger suggested that they consider the ad hoc committee so they can move on. Commissioner Jeffares suggested that they put a provision in that seasonal members that wish to participate can be on the committee suspending their membership while they're away. Mr. Silverboard asked if it should be on the workshop or regular agenda. Mayor Minning stated regular agenda. 3. The Implementation of SeeClickFix Citizen Engagement Application Information Technology Director Mark Santos gave a brief explanation about SeeClickFix. It is a citizen engagement portal. We want to make it easy for citizen to report when they see a problem. It is being used by several cities in Pinellas County. It is a geo-based system. It is mobile based and the apps are free. It is also web-based. There is an app on the City s homepage. The reporter will get notification along the way. It allows the staff to better manage the resource. It has tools for the Commissioners. They can use it as a citizen or staff. Commissioner Bildz wanted clarification about those that can see it based on district. Mr. Santos said anyone can see it. Commissioner Ramsberger said he has been using it for the County's site. Mr. Santos said it can be molded to work with the community. Mr. Silverboard said he used it to get the PSTA to get their routes and schedule. He said it is pretty easy to use. It should provide residents with a functional tool to access government services. Mr. Santos discussed some more features of SeeClickFix. He asked the Commission to add suggestions as they need. 4. Consideration of Res , Res.15-67, Proposed Amendments to Fee Schedule Ms. Paula Cohen said staff is looking to add some new fees into the fee schedule. There has been a influx of contractors calling for same day inspections. The department is looking to implement a fee of $40 for same day inspections if it can be accommodated. Earlier this year the Commission approved the sidewalk cafe use permit and renewal fee. It has been enveloped into the fee schedule. She spoke of some other fees that they were implementing. They wanted some clarification with the verbiage. Ms. Cohen would like to add to the final resolution the total valuation fee with a building permit. If the valuation of the scope of work is understated on the application, the permit can be denied unless the applicant can show detailed estimates. It is out of Florida Building Code. Staff feels it reinforces the valuation. Commissioner Bildz asked a question about the same day inspection. Ms. Cohen said if there is someone available they will take the payment over the phone. There are some contractors who are chronic with the request. Commissioner Bildz said if they can't do it they cannot do it. Commissioner Collins said that if they are willing to pay additional and it can be done they should do it. It may be adding revenue. Commissioner Bildz said if it is there they would be required to do it. Ms. Cohen said they are not going to take the money if they do not have staff to provide the service. It is similar to an after 6 p.m. inspection. Commissioner Ramsberger said there just needs to be some clarification that states it is a decision that is made by the building inspector if the inspection can occur. Mr. Silverboard said they would put it in the resolution. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) This item will be moved forward to the next meeting. RESULT: MOVED FOWARD Next: 8/18/2015 6:00 PM 5. Consideration of Ord , 2016 Election Dates and Qualifying Periods City of Treasure Island, Florida Page 3 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 18

19 E.4 Mr. Silverboard said Former City Clerk, Dawn Foss prepared the proposed ordinance concerning the election qualifying period. This upcoming municipal election will have to take place the same day as the Florida Presidential Preference Primary which is scheduled for March 15, Every time this happens it requires that an ordinance be passed to move the qualification period. Ms. Foss came up with an alternative. She is suggesting that we say that the papers will be available in the office of the City Clerk at noon on the seventeenth day proceeding the scheduled ballot language deadline until noon seven days prior to the ballot language deadline. The Supervisor of Election gives a ballot language deadline that corresponds with giving a week to go over all the paperwork. It will not require that we change the ordinance every time when the election takes place. Commissioner Bildz said that the ballot language deadline is December 31, What is the seventeen business day proceeding that deadline. He wanted some clarification of the deadlines due to the holidays. This item will be moved forward for first reading. RESULT: MOVED TO NEXT MEETING Next: 8/18/2015 6:00 PM 6. Consideration of Res , Res 15-71, FY PSTA Agreement for Beach Trolley Service Mr. Silverboard explained that we get a new annual contract for the beach trolley service every year. The information is contained in the staff report. The fee is going to go up about 7%. The total cost for the trolley and the DART service is $237,028. Last year was $222,873. It is an increase of about $15,000. Staff is suggesting they approve the agreement. Mayor asked if Mr. Silverboard could explain how this is a good deal. Mr. Silverboard stated if they didn't join PSTA a millage rate would be charged to each property owner in Treasure Island adding up to close to a million dollar. Instead Treasure Island residents are paying $237,028. They do not get bus service but they do get trolley service. Commissioner Bildz said it is in their City budget. When the residents say the millage is high, they are paying the City and the City is paying PSTA. This item will move forward to the next meeting. RESULT: MOVED FOWARD Next: 8/18/2015 6:00 PM 7. Discussion-City Attorney Evaluation Mayor Minning said that several months ago they decided to come back to this item in August. He proposed to use the same evaluation that Ms. Kiefer prepared. Ms. Kiefer said Mr. Silverboard gave the Commission the form. Mayor Minning said they would be using the same for. He also suggested that under the comments section the Commission ad in if going out for an RFP is in order. Commissioner Bildz said that when they talked about it earlier this year, the City Attorney said that if they wanted to go out for an RFP, she was going to submit her resignation. He asked that the Commission keep that in mind. Commissioner Collins said he would hate to see another attorney come on board in the middle of all of the lawsuits. He believes they should put this off until next May or January before the next budget hearing. He feels right now is the wrong time to be switching attorneys. Commissioner Bildz said he agrees. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) Commissioner Ramsberger said he believes they should go forward. Commissioner Ramsberger asked Ms. Kiefer if she could comment on the fact that she applied for a job down in Marathon, Florida. Ms. Kiefer said that back in March when they were asking for her resignation she was keeping her options open. She was invited there and declined an invitation. Commissioner Ramsberger asked who was asking for a resignation. Ms. Kiefer said Commissioner Ramsberger was pretty vocal about it. City of Treasure Island, Florida Page 4 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 19

20 E.4 Commissioner Ramsberger said he was requesting for an RFP to go out. Commissioner Ramsberger said there was a City of Marathon Council meeting on July 14, There was a public interview and Ms. Kiefer was listed as one of the three candidates. Commissioner Ramsberger asked her if she applied for that position. Ms. Kiefer answered in the affirmative. Commissioner Ramsberger said it was time they do the review and add the provision. He agrees with the Mayor that they can decide if they want to go out for an RFP. He doesn't want to be operating under threats of the City Attorney leaving. Either they agree that it is time to explore options or not. Commissioner Ramsberger stated that Mayor Minning did indicate back in March that he intended to bring this item up with that provision. The City will always have litigation. Mayor Minning said he did say that and he is just following through. He stated each Commissioner is entitled to do their own performance review. Each Commissioner is entitled to say yay or nay. Ms. Kiefer stated that they just went through this in April. She doesn't understand. Mayor Minning said that when they went through it in April they were behind the times in terms of having Ms. Kiefer's review. At the April meeting they caught up. It was explicitly stated at that April meeting that they would get back on a regularly reviewed time schedule which is August. Commissioner Bildz asked if he is proposing that every August they will have a City Attorney evaluation. Mayor Minning answered in the affirmative. He is proposing they get back on track. Commissioner Bildz said it seems like every two or three months they are talking about the City Attorney evaluation. It seems the two most picked on people are Taylor Rental and the City Attorney. Mayor Minning stated he doesn't share that view. If there is a difference of opinion they should discuss it. Mayor Minning said back in April this is what they would do. He thinks they had agreement to get back on a regular review schedule for both the City Manager and the City Attorney. Mel Lenahan read a prepared statement discussing her opinion on the City Attorney. Ms. Kiefer asked the Mayor to enforce the rules of decorum. Mayor Minning asked Ms. Lenahan to please address the Commission and not single out any individual by name. Ms. Lenehan continued on with her prepared statement. Ms. Heidi Horak wanted to see if the staff and Commission could work with Ms. Kiefer on doing an appropriate evaluation at an appropriate time. It isn't unreasonable to do evaluations nor is it unreasonable to discuss an RFP. Ms. Horak believes they could do it in an amicable way. Ms. Kiefer said she either works for the City or she doesn't. She doesn't feel she can be an effective attorney if the discussion keeps going on. She is not interested in going through it again. She said she would resign effective tonight if this is what the Commission wants to do. She stated Commissioner Ramsberger would like her replaced. Commissioner Ramsberger said Ms. Kiefer just said there are rules of decorum and now she is singling him out. Ms. Kiefer said he has been very vocal and he has that right. She would respect their opinion if they wanted to move on with another firm. No attorney wants to represent a client that is not comfortable with the attorney and that doesn't have confidence in them. She said she cannot be effective. She is not interested in going through this again. The Commission should know right here tonight if they would like to continue her services or not. She has been on the agenda eight times this year. She said not to mention all the comments and misinformation from citizens that interferes with the office. She said she resign effective tonight if that is what they want her to do. She will respect it. She will help in the transition. If they want her to continue after tonight it will be on different terms. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) Commissioner Ramsberger said he has lost confidence. He said back in March, Ms. Kiefer welcomed an evaluation that corresponded with the budgeting process. He said the Mayor has done tonight what he said he was going to do. He stated he lost confidence. Ms. Kiefer said he never had any. She said what happened in March was she asked them to put it off until now. She didn't ask to put a second one on because it was coinciding with the election and her office was being used on a lot of different levels. She asked that it be put off and it wasn't so she went through with it. She is trying to be fair to the City and herself. If they want an RFP she respects that, but she is not interested in going through the process again. She said evaluations are traditionally tied up with a compensation review. It is the first time in City of Treasure Island, Florida Page 5 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 20

21 E.4 eleven years that they automatically have inserted whether or not you want to put in a request for an RFP. This is the second time this year. She isn't sure why but it makes it hard for her to be effective. She stated that they are the ones who hire and fire the Charter Officers. She has been here eleven years. She said the Commission should know whether or not they want to go out for an RFP or not. Ms. Kiefer said the form they have is not an appropriate form. The second page discusses whether they dress appropriately and whether they have a sense of humor. She believes Commissioner Collins made a comment when they were talking about the City Manager. That it should matter how they dress or what their personality is like as long as they are doing their job. There is so much on the form that is inappropriate for any employee. The Commission needs to decide what they want to do. She needs to make a decision because she needs to do a good job for the City. She said these conditions are making it impossible. She is sad to say after eleven year they leave her with no choice. Commissioner Jeffares said it sounds like an ultimatum. Ms. Kiefer said it was not. If the Commission wanted to go out for an RFP then say so. She asked how filling out an evaluation form will help them decide anything. She stated that Commissioner Collins and Commissioner Bildz asked that the item be taken off. They made it clear they are in favor of her office. She said Mayor Minning did not ask for an RFP last time. She asked Mayor Minning to let her know if he wants an RFP. It isn t fair to her to spend the next two weeks wondering. She asked that he please disclose that and let her know where he stands. Mayor Minning said to let him backtrack to the conversation earlier this year. When the item came up they said they would do an evaluation which was done. They also said at that time that they would do it again in August. Ms. Kiefer said she remembers. She is not really sure why. She said she didn't have any say in the matter. Mayor Minning stated that the rationale was to get it on track so that there would be an annual review every year at the same time for both the City Manager and the City Attorney. With regard to the RFP, Mayor Minning stated that he has to say that he was taken aback when he heard that Ms. Kiefer applied for the position in Marathon. It was never disclosed to the Commission. He said they were aware of it. He did understand that Ms. Kiefer withdrew from the final interview, but he said she was a candidate up until the final interview just a month ago. Ms. Kiefer said back in March when there was the discussion to terminate the City Attorney she was going to look out for her options. She said she did apply. She heard from them shortly before the interviews and she withdrew her name. She said that she forgot she even applied. She doesn't' remember when she heard back from them. She said she did decline. They picked her out of fifteen candidates. She said when they had this campaign going on by some to try and get rid of an office what was she to do wait until they made a decision. She said a person has to look out for their options and that is what she did back in March. It was also unclear to her what type of position it was going to be. They wanted to have an in house, but it wasn't completely clear to her that they were settled on that. They had never hired someone independent before. Ms. Kiefer said she has always had two City Attorney jobs. She also represented Indian Rocks Beach. She would not be opposed to having another City Attorney job in addition to representing Treasure Island. Commissioner Collins said he didn't know Ms. Kiefer applied for another job. He stated that people are always looking for other options. He stands by what he said before, that he thinks right now is the wrong time to be switching attorneys when we are involved in these lawsuits. He stated it was mentioned earlier that the City is always involved in lawsuits. He said he disagrees. He thinks it is a bad time to switch attorneys. Commissioner Ramsberger said they have hired outside counsel in each of those lawsuits. The City still has the same counsel representing them in all the litigations. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) Ken Keys said he understands that the City has outside counsel. He said he has been a business owner for over 25 years and he believes that everyone is entitled to a review. If an employee ever came to him to suggest that if he reviews them they will quit, there would be no review necessary. He would allow them to resign. He said they should not be held hostage as a government entity by someone deciding they are going to quit if they get reviewed. Ms. Kiefer said she is not opposed to a review. She stated she went through a review. She knows they City of Treasure Island, Florida Page 6 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 21

22 E.4 are trying to get it back on track but she thinks it was very caustic because it was in conjunction with the election. Her office was used by some of the comments. She is asking that they reschedule it. She believes a review should be done every year and it should be tied to compensation as well. Traditionally that is what was always done. She is asking that it be pushed back some months. She asked not to have it done to her twice in one year. Mayor Minning said he appreciates her opinion. He said the time for such a conversation would have been back in March when they agreed to do the August review. He believes they had a consensus from the Commission to do the review in August. Mitchell Shenkman said he was once president of a public company. They conducted annual reviews. He said had he known an employee was looking for another job he would've let them go. Ms. Kiefer said that once again she had an annual review in She wasn't looking for another job she was looking for additional clients and work. Commissioner Bildz said he cannot fault someone for looking for an additional job. They just hired a City Clerk who had a job with Pinellas County. He wanted to know if that made her a bad candidate. He said that if they do get to the evaluation, Ms. Kiefer will get an excellent review on energetic and can be touch when the occasion demands. He has to agree with the City Attorney. They have already had an evaluation this year. He said if he remembers the discussion in March they said if they put it off until August they could discuss it then. He understands why the discussion is on tonight, but did they put it on to do an evaluation or to set up the evaluation. Commissioner Bildz stated that evaluations are tied to compensation. He said Ms. Kiefer gets paid a retainer for compensation, but there are other things that could be considered overtime. If they are going to do an evaluation then the compensation that needs to be discussed would be the retainer. Not the extracurricular that is over and above. One of the speakers mentioned that the City Attorney wasn't at the budget meetings. If the Commission wanted her at the budget meetings they would have asked her to attend and discuss this issue. He said she would have been glad to. He said Ms. Kiefer is not required to attend LPA meetings when they need her opinion and she shows up. Commissioner Bildz said he is not interested in finding a new city attorney. He is not interested in an RFP. He thinks they should put the evaluation off till June. Commissioner Collins said one of the things that was brought up was that Ms. Kiefer responded to an RFP. He asked that if the City sends out an RFP and a city attorney applies are they to disqualify an applicant if they are already employed. In more cases than not, city attorneys represent more than one city. He doesn't believe Treasure Island can send out an RFP looking for a city attorney and in the small print state that if they are employed as a city attorney they shouldn't apply. He doesn't believe it is criteria for sending out an RFP or reason to dismiss someone. Commissioner Jeffares wanted to know what the regular schedule was for the review. Ms. Kiefer said it has always been around budget. Commissioner Jeffares said they are here appropriately. Ms. Kiefer said if they had a contract with an employee that said you get one annual review a year and you gave that employee a review in March and then said it was off timing so they are going to do it again in August, that would be violating the contract because they are giving the employee two reviews in a year. She had a review at the insistence of the former commissioner so she could get her comments in before she left office. Ms. Kiefer stated that is why she thinks it was put on the agenda around election time. That is why they are off schedule. She doesn't think that should provide any rationale for holding a second evaluation. Commissioner Jeffares said he doesn't believe the former commissioner carried that by herself. He believes it would have taken the majority of the vote. Ms. Kiefer said that is correct and there were three people who voted for it. It was one of the reasons why it was in March. Commissioner Jeffares stated that with them trying to get back on schedule is Ms. Kiefer objecting to the process or objecting to the form. Ms. Kiefer said she is objecting to two evaluations in one year. She asked that it be put on track when it was discussed back in March. She went through a lengthy evaluation process with publicized numbers and comments. She asked that the Commission wait until next year to hold the next evaluation. She believes it is a fair request. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) Commissioner Ramsberger said that holding the evaluation now gives the new Commissioner a chance City of Treasure Island, Florida Page 7 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 22

23 E.4 to weigh in. He thinks the time is appropriate. Ms. Kiefer said she would love to meet with each Commissioner individually to discuss in detail every case, if they are on track, see if they have any questions, if they are satisfied or not. She said it is difficult to get together with everyone's busy schedules. She has always asked for it and believes that it is the most effective thing to do because it is an informal atmosphere. It is not in the Sunshine. It is not an Executive Session. They can take the time to go through the ins and outs of any matter that is out there. She believes that is the best way to get feedback. She said she has not had much time to get together to talk about the issues. She would love the opportunity to sit down and go through her work. Commissioner Jeffares said he agrees, but he was sitting in the audience prior to his election when she didn't object to moving it to today's date. Ms. Kiefer said she didn't have a choice. She said Mayor Minning asked that we revisit it in August. There was a consensus. She said she asked that it not be held in March. She asked that it be held in August. She is asking that her evaluation be once a year and that they hold the next one in 2016 preferably in July. Commissioner Ramsberger said that he thinks it has to be held in the Sunshine. He said it is great to meet with individual Commissioners, but this discussion needs to be held in the open as a charter officer. He said based upon what Ms. Kiefer is proposing the next evaluation would be 18 months away. He believes it is illogical. He thinks it needs to go forward on this cycle now as the Mayor had proposed back in March. Commissioner Bildz pointed out that it would only be 14 months. Commissioner Ramsberger stated that this issue had come up in fall of It didn't come up for official discussion until former Commissioner Coward brought it up in March, but that isn't the only time it was discussed. Mayor Minning said he hopes to try and summarize it from the Commissions standpoint. They discussed putting the City Attorney's evaluation on the agenda. He said he would propose that they follow through with the evaluation. If the form isn't correct they could substitute something else. It seemed to be sufficient enough for the last review. If there are any comments that the Commission would like to add to the review they are welcome to do so. If any member of the Commission would like to have a conversation with Ms. Kiefer they are open to do that. Mayor Minning said what he is ignoring in the conversation is Ms. Kiefer's statement earlier this evening that if the Commission is going to go ahead with this she said she will resign. He is suggesting the Commission go ahead with their evaluation. At the end of the evaluation they will sit down at an open meeting and discuss the results. Commissioner Bildz said he doesn't believe that is what Ms. Kiefer said. He said Ms. Kiefer said if they go out for an RFP she will resign. Ms. Kiefer said that maybe there is a compromise. She asked that they agree on a date when this comes back. If they want to go through with the evaluation that they agree on a date. She would request that she meet with Commissioner Jeffares, Mayor Minning and Commissioner Ramsberger. If they have a criticism she would like to know the basis of it. If there is a question or they are uncertain about a decision or any aspect of her legal practice she would like the opportunity to talk about it. She would like the opportunity to know what they are feeling and see if they want an RFP or not. Ms. Kiefer said she agrees with Commissioner Ramsberger that it ultimately needs to be discussed in the Sunshine. She would like the opportunity to meet and go over the evaluation form together. She also asked that page two be deleted which she feels in inappropriate for it is personal and has no bearing on her job. A lawyer is competent in giving advice in a timely manner or they're not. She said no attorney wants to represent a client that is unsatisfied with them. Mayor Minning stated what he would propose is that opportunity be afforded to each Commissioner. He then asked the Commission if they wanted to keep the second page of the evaluation. He agrees that a lot of what is on page two does not pertain to the issue. The Commission was in agreement to remove the second page. Commissioner Ramsberger said he just heard an invitation to discuss an RFP during the individual meetings and as well as the evaluations. Mayor Minning answered in the affirmative. He asked that the evaluations be done by September 4, Ms. Kiefer said that is a good compromise. That will give her a chance to meet individually and find out what each Commissioner wants to do. Mayor Minning said he thinks she will know before then. Commissioner Bildz clarified that it the evaluation would be due by Friday, September 4, 2015 and the evaluation would go on the September 15, 2015 regular Commission Agenda. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) City of Treasure Island, Florida Page 8 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 23

24 E.4 RESULT: MOVED TO FUTURE MEETING Next: 9/15/ :00 AM II. OLD BUSINESS Commissioner Ramsberger asked Mr. Silverboard if he could provide the Commission with a full report on where we stand with the tolls. There seems to be a lot of confusion in the public as to where we currently stand based upon what people may have seen during the budget meetings. It might be a good idea to summarize where we stand, what the next steps are, what has been done so we're clear on what our proposal is with regard to evaluating tolls. There has been some opinion about a commitment that may or may not be honored. That issue still is pending. Commissioner Ramsberger said he is unclear on the position with the commitment. He thanked Former Mayor Mary Maloof talking about her recollection. Commissioner Bildz stated that Section 601 of the Charter references a Charter Review Committee. He quoted the Charter saying the city commission shall consider the necessity for review of this Charter no later than once every five years. He wanted to know when the last Charter Review Committee took place. Mr. Silverboard said he would look it up and send out the information. Mayor Minning wanted to bring up the land use attorney that they didn't discuss. He invited members of the audience who were there for it to make their comments under public comments. Commissioner Bildz pointed out that it was more than just a land use attorney. It was a land use attorney for the Plan Development. He doesn't think that just because the Commission didn't go forward with it that they still don't want to go forward with the Plan Development. Mayor Minning stated there were people in the audience that wanted to speak on the issue so the appropriate time to speak is in the public comments. Commissioner Bildz said just because they didn't vote for the attorney doesn't mean we're against the Plan Development. Mr. Silverboard said that a few months ago the City Commission made a decision to permit anyone to park in the City Hall Parking lot. Commissioner Bildz asked if it was after hours. Mr. Silverboard stated that they Commission didn't specify after hours. Prior to that decision it was not considered a public parking lot. It was considered a work parking lot. There are events that take place after hours. He has noticed that at the end of the day the parking lot is full with employees from Middle Grounds as well as patrons from a venue across the street. There are activities that take place after work including jazzercise. Plus there are different committees that meet in the afternoons at City Hall and the members cannot find parking spaces. Middle Grounds' employees start parking around 2:30-3:00 p.m. He said he believes the Commission needs to revisit the issue for it is impacting people that come to City Hall. Mayor Minning asked him to have something for a future meeting. III. CITY MANAGER AND CITY ATTORNEY REPORT Ms. Kiefer said she gave the Commission a memo on all the cases. She did want to remind them about the Executive Session on August 27, 2015 at 4:30 regarding the Central Beach Case. Mediation is on August 24, Mr. Silverboard said they know about the SeeClickFix. He said that his evaluation took place in May after he had sent out the forms in early November. He sent out the evaluation form earlier today. Hopefully they will be complete by the beginning of next fiscal year. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) He said US Street Services will begin street sweeping on August 19, Mr. Silverboard said they have approached the City of Largo to provide services to Treasure Island for our fleet. We are having issues with our large vehicles particularly the garbage trucks. Our garage doesn't have the capacity to take care of the issues. A true garage typically has computer diagnostics, plus the software for each vehicle. The City has never invested in that. They are making arrangements with Largo to provide that service for us. The rate is $85.50/hour for labor and parts that are marked up 33%. This is the same rates they charge their own internal customers. The City of Indian Rocks Beach uses City of Treasure Island, Florida Page 9 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 24

25 E.4 them as well. He wanted to advise the Commission and will report back to let them know how it works. Mr. Silverboard said that during the budget meetings it was discussed about having a strategic planning session. He believes that they can discuss the issue with the causeway and the tolls at the session. He will still provide the Commission with a report about the tolls prior to that. He would like the Commission to give him some available times in October and November. They have contacted Marilyn Crotty who works for the University of Central Florida in the Institute for Government Center. Ms. Crotty recently did strategic planning sessions for Safety Harbor and Largo. She will do this for $2,500. It is a chance for the Commission to set out its strategic goals for the next three years, including funding for the City and the causeway and tolls. Ms. Crotty will not be available for certain dates in October or November. Mr. Silverboard said he will send out the dates. Mr. Silverboard wanted to talk about the last Commission Meeting. A citizen stood up and said that the Police Chief had been placed on probation. The citizen wanted any information on it. He asked what the citizen was referring to and they heard that he was placed on probation for three charges. Mr. Silverboard contacted FDLE. He spoke to the Police Standards Board. He asked if Chief Casey was on probation or under investigation that the City Manager should know about. He spoke with Mr. Register who is the chief of the agency. He then spoke to Glenn Hopkins who is the Bureau Chief of Standards Florida Department of Law Enforcement. Mr. Hopkins wrote Mr. Silverboard a letter. Mr. Silverboard read the letter to the Commission. The letter stated that they do not have any previous or active officer discipline cases against Chief Casey's Law Enforcement Certification. He would urge that person who made that claim to provide evidence they have to him so that he can check the claim. In the future they should check their facts before making those types of statements. IV. CITY COMMISSION REPORTS Commissioner Bildz said the Florida League of Cities will have its Annual Conference in Orlando August 13, He will be attending. V. PUBLIC COMMENT Jim Everett, the chairman for the Treasure Island/Madeira Beach Chamber of Commerce wanted to chat briefly about the Planning Development. He said he lives in Madeira Beach and chairs the Madeira Beach Planning Commission. He wanted to share a couple projects they are doing. He gave some examples of projects that they just approved. There are ways to use the PD. It isn't precedent setting. There are a lot of checks and balances. If it is properly used it could be a beautiful things. Commissioner Ramsberger asked if their PD was specific to geographic areas or if it was city wide. Mr. Everett said he would have to look into that. He knows when the project is brought to them it is already eligible to PD. He gave another example. The PD can be used effectively and can help the tax revenues as well. There are ways to structure it to make it a valuable tool. Marie Barba said she wanted to speak about the PD Ordinance. She said it is very complex. She asked a couple of questions pertaining to the PD. She then stated her opinion. Ms. Heidi Horak spoke briefly about the Commission updating the LDR s. She believes the name may get in the way of moving forward. She suggested they use other names and get the benefits that modernize the code. She made some suggestions. It is a tough public relations problem. She wants to encourage the Commission to keep going. Commissioner Ramsberger asked Ms. Horak what she would rename it. Ms. Horak said maybe the GH Overlay District. Commissioner Collins asked Ms. Horak to discussed the TDR s. She believes they are misunderstood. It should be discussed what could be done. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) Arthur Czyszczon read a statement he prepared discussing the straw vote. The surveys were completed in 2011 and He believes it is time to allow the residents to vote on the referendum which would be saving the money on the poling. He discussed the Land Development Attorneys fees. He believes hiring a Land Use Attorney is imperative to the future. City of Treasure Island, Florida Page 10 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 25

26 E.4 Mr. Shenkman spoke briefly about the Vision Survey and its discussion of the desire for an upscale resort in Treasure Island. He thinks it is time they put the Land Use Attorney back on the agenda and let the citizens vote. Mary Maloof says she disagrees regarding having a straw poll. The offer would only benefit the people who made it and those who support them. She thinks the Commission should be cautious. VI. ADJOURN-9:05 P.M. Minutes Acceptance: Minutes of Aug 4, :05 PM (APPROVAL OF MINUTES) City of Treasure Island, Florida Page 11 of 11 Updated 8/12/2015 8:19 PM Packet Pg. 26

27 H.1.a DATE: July 27, 2015 TO: FROM: SUBJECT: BACKGROUND Reid Silverboard, City Manager Paula Cohen, Community Improvement Director Res , Request to Place a Temporary Restroom Trailer at Caddy s on the Beach, 9000 West Gulf Blvd. At the March 17, 2009 workshop, City Commission discussed a request from Tony Amico to install a temporary restroom trailer on the Caddy s property to accommodate the crowds of beach goers coming to the restaurant and the beach area to the north and south of Caddy s beach. The proposed temporary port-a-let trailer would supplement and replace the individual port-a-let he had placed on his property to accommodate the crowds. The temporary trailer was to be in place only long enough for him to build permanent restrooms and make other improvements to the kitchen, coolers and other areas. Since the request was for a temporary restroom installation rather than a permanent development; the request was brought before the City Commission. Mr. Amico was permitted to place port-a-lets on site until the final agreement was approved for the installation of the temporary restroom facility. On April 7, 2009, the City Commission approved Resolution authorizing the installation of a temporary restroom trailer at Caddy s on the Beach. The temporary restroom trailer was no longer available for Tony Amico to purchase. No temporary restroom trailer unit was installed after the Resolution was approved. The planned permanent restroom improvements did not proceed. The port-a-lets remain in place on this property. In April 2015, SFMB Treasure Island Property, LLC purchased Caddy s on the Beach and several other West Gulf Blvd. lots from Gulf Sands Properties and T.I. Holdings, Inc. DISCUSSION CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM August 4, 2015 Item No. H-1 Over the July 4 th 2015 weekend, the current owner of Caddy s ordered a temporary restroom facility to handle the holiday crowd. No permits were obtained prior to this installation. The unit was set up to utilize its holding tank and the electrical service was connected with an extension cord. The City s building official ordered the temporary restroom unit to be immediately locked and closed to the public. The unit was then removed from the site. Staff advised the owner to make a written request to the City Commission for the temporary restroom trailer and submit plans showing the plans for the new permanent restroom facilities. Page 1 Attachment: Res 15-70, Temporary Restroom Trailer at Caddy s on the Beach cover memo (Res : Res Request to Place a Packet Pg. 27

28 H.1.a On July 15, 2015 Jack Bodziak, AIA sent a letter on behalf of Caddy s requesting permission to install a temporary restroom facility at Caddy s on the Beach. With the request for the temporary restroom trailer installation, Caddy s on the Beach submitted an application for site plan modification for a building addition to accommodate the new and remodeled restrooms. The site plan modification case is scheduled for the August 20 th, Planning and Zoning Board meeting. There are several steps that must be completed prior to the City issuing a building permit for the new and remodeled restrooms. The property owner must obtain approval of the site plan modification from the Planning and Zoning Board for the building addition. The City s land development regulations set the minimum on-site minimum parking requirements by use and building size; city staff discussed with the owners the need to pay for a walk-up traffic study to determine if any parking credit may be provided to this business. The proposed building addition extends beyond the 1968 Treasure Island Mean High Water Line. City staff will require the property owner to obtain a letter from the Florida Department of Environmental Protection indicating no objection to the proposed building addition. The approval of a connection permit from Duke Energy and Pinellas County Utilities to connect this unit their services. Description of Proposed Temporary Restroom Trailer The 10 stalls in the temporary restroom trailer are not ADA-accessible. Mr. Bodziak explained that the existing ADA-accessible restroom facilities inside Caddy s will remain available throughout permitting and construction. This trailer unit is 238 inches long x 86 inches wide. (19.83 feet x 7.16 feet). The trailer unit sits flat on level ground. A deck or pad is not required under the unit because the unit has remote controlled electric leveling jacks. The wheels can always stay on the trailer because of the retractable axle system. Staff is not recommending use of the holding tanks. For clarification of the diagram only; the two 250 gallon tanks provide waste capacity and the two 125 gallon tanks provide fresh water capacity. The tongue of the trailer unit is retractable. AMENDMENTS AS A RESULT OF THE CITY COMMISSION WORKSHOP Correction of the legal description in Item a: Caddy s on the Beach is permitted to place the requested temporary restroom trailer on the property described as Lot 9 and Lot 10, Block 10 Sawyer and Harrell s.. Amendment of Item c. Page 2 Attachment: Res 15-70, Temporary Restroom Trailer at Caddy s on the Beach cover memo (Res : Res Request to Place a Packet Pg. 28

29 H.1.a The temporary restroom trailer may remain on site no longer than a combined total of 6 months, either at Location #1 and/or Location #2. Additional sentence included at the end of Item e: The holding tanks of the temporary restroom trailer shall not be used. STAFF RECOMMENDATION Staff recommends approval of Resolution authorizing the placement of a temporary restroom trailer at 9000 West Gulf Blvd. for Caddy s on the Beach; with the following stipulations: Caddy s on the Beach is permitted to place the requested temporary restroom trailer on the property described as Lot 9 and Lot 10, Block 10 Sawyer and Harrell s 2 nd Addition to Boca Ciega Pass Subdivision due south of the Caddy s on the Beach restaurant and north of the 16 foot alley during permitting for the building addition. (Identified as Location #1 on Exhibit #1 - the site plan for toilet trailer locations, July 17, 2015, as attached). All applicable permits shall be obtained for placing the unit at this location. Once a no objection letter from the Florida Dept. of Environmental Protection is obtained; Caddy s on the Beach is permitted to place the requested temporary restroom trailer west of the 1968 Treasure Island Mean High Water Line on the property described as Lots 7 and 8, Block 10, Sawyer and Harrell s 2 nd Addition to Boca Ciega Pass Subdivision, adjacent to the dumpster enclosure and south of the 16 foot alley during the construction of the building addition. (Referred to as Location #2 on site plan for toilet trailer locations, July 17, 2015). All applicable permits shall be obtained for placing the unit at this location. The temporary restroom trailer may remain on site no longer than a combined total of 6 months, either at Location #1 and/or Location #2. If the construction of the permanent restrooms is not complete at the end of 6 months, Caddy s on the Beach must request a time extension from the City Commission, not to exceed 6 months to permit the temporary restroom trailer to remain on site in order to complete the construction of the permanent restrooms. Such application must be made 45 day prior to the expiration date. The holding tanks of the temporary restroom trailer shall not be used. The temporary restroom trailer must be connected to the public potable water system, public sanitary sewer system, and electric utilities with quick disconnects, and the temporary restroom trailer shall be removed from Treasure Island if a tropical storm/hurricane warning is issued by the NWS for Pinellas County. Page 3 Attachment: Res 15-70, Temporary Restroom Trailer at Caddy s on the Beach cover memo (Res : Res Request to Place a Packet Pg. 29

30 H.1.a The wheels of the temporary restroom trailer shall not be removed to ensure the unit can be moved in an emergency and meet FEMA stipulations. There shall be no permanently attached additions to the temporary restroom trailer, as stipulated by FEMA. Once the new permanent restrooms for Caddy s on the Beach are constructed and final inspections approved, the temporary restroom trailer must be removed from the site within five working days. ATTACHMENTS: Letter requesting installation of a temporary restroom trailer from Jack Bodziak, AIA, agent for Caddy s on the Beach. Previously approved Resolution No Site Plan showing the proposed locations for the temporary restroom trailer Information on the proposed restroom trailer Omega J10R Measurements of the proposed restroom trailer Omega J10R Picture of the proposed restroom trailer - Omega J-10R Resolution Res 15-70, Temporary Restroom Trailer at Caddy s on the Beach cover memo Page 4 Attachment: Res 15-70, Temporary Restroom Trailer at Caddy s on the Beach cover memo (Res : Res Request to Place a Packet Pg. 30

31 H.1.b RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND AUTHORIZING THE INSTALLATION OF A TEMPORARY RESTROOM TRAILER AT CADDY S ON THE BEACH RESTAURANT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Caddy s on the Beach is a successful restaurant that draws a large number of patrons; and WHEREAS, the restroom facilities inside the restaurant are not always sufficient to handle the number of patrons visiting Caddy s and the beach; and WHEREAS, the owner of Caddy s on the Beach is requesting permission to place a temporary restroom trailer containing 10 private restroom units and 4 hand washing sinks on the property located immediately south of the Caddy s on the Beach and north of the 16 foot alley during the permitting process; and WHEREAS, the owner of Caddy s on the Beach is requesting permission to move the temporary restroom trailer containing 10 private restroom units and 4 hand washing sinks on the property located immediately south of the 16 foot wide alley south of Caddy on the Beach and adjacent to the dumpster enclosure during the construction of the building addition; and WHEREAS, the owner of Caddy s of the Beach has submitted an application for site plan modification for Planning and Zoning approval of a building addition that will provide permanent restrooms to sufficiently handle the number of patrons generated by this business; and WHEREAS, the City of Treasure Island City Commission, after due consideration, has determined that installing a temporary restroom trailer is in its best interest of the community. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE: Section 1. The applicant is authorized to place the a temporary restroom trailer at the locations noted on Exhibit 1 subject to the following stipulations: a. Caddy s on the Beach is permitted to place the requested temporary restroom trailer on the property described as Lot 9 and Lot 10, Block 10 Sawyer and Harrell s 2 nd Addition to Boca Ciega Pass Subdivision due south of the Caddy s on the Beach restaurant and north of the 16 foot alley during permitting for the building addition. (Identified as Location #1 on Exhibit #1 - the Page 1 Attachment: Res 15-70, Temporary Restroom Trailer at Caddy s on the Beach (Res : Res Request to Place a Temporary Packet Pg. 31

32 H.1.b site plan for toilet trailer locations, July 17, All applicable permits shall be obtained prior to placing the unit at this location. b. Once a no objection letter from the Florida Dept. of Environmental Protection is obtained, the applicant is permitted to place the requested temporary restroom trailer west of the 1968 Treasure Island Mean High Water Line on the property described as Lots 7 and 8, Block 10, Sawyer and Harrell s 2 nd Addition to Boca Ciega Pass Subdivision, adjacent to the dumpster enclosure and south of the 16 foot alley during the construction of the building addition. (Referred to as Location #2 on site plan for toilet trailer locations, July 17, 2015). All applicable permits shall be obtained prior to placing the unit at this location. c. The temporary restroom trailer may remain on site no longer than a combined total of 6 months at either Location #1 and/or Location #2. d. If the construction of the permanent restrooms is not complete at the end of 6 months, Caddy s on the Beach must request a time extension from the City Commission, not to exceed 6 months to permit the temporary restroom trailer to remain on site in order to complete the construction of the permanent restrooms. Such application must be made 45 day prior to the expiration date. e. The temporary restroom trailer must be connected to the public potable water system, public sanitary sewer system, and electric utilities with quick disconnects, and the temporary restroom trailer shall be removed from Treasure Island if a tropical storm/hurricane warning is issued by the NWS for Pinellas County. The holding tanks of the temporary restroom trailer shall not be used. f. The wheels of the temporary restroom trailer shall not be removed to ensure the unit can be moved in an emergency and meet FEMA stipulations. g. There shall be no permanently attached additions to the temporary restroom trailer, as stipulated by FEMA. h. Once the new permanent restrooms for Caddy s on the Beach are constructed and final inspections approved, the temporary restroom trailer must be removed from the site within five working days. Page 2 Attachment: Res 15-70, Temporary Restroom Trailer at Caddy s on the Beach (Res : Res Request to Place a Temporary Packet Pg. 32

33 H.1.b ATTEST: Section 2. This Resolution is effective immediately upon adoption. The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the day of August, 2015 by Commissioner who moved its adoption; was seconded by Commissioner and upon roll call, the vote was: YEAS: NAYS: ABSENT OR ABSTAINING: Tiffany Makras, City Clerk Res 15-70, Temporary Restroom Trailer at Caddy s on the Beach Page 3 Robert Minning, Mayor Attachment: Res 15-70, Temporary Restroom Trailer at Caddy s on the Beach (Res : Res Request to Place a Temporary Packet Pg. 33

34 H.1.c Attachment: Res 15-70, Restroom Trailer at Caddy s on the Beach Dimensions (Res : Res. Packet Pg. 34

35 JOHN A. BODZIAK, ARCHITECT, A.I.A., P.A H.1.d Paula Cohen, Director City of Treasure Island - Community Improvement Department th Avenue Treasure Island, Florida July 17, 2015 RE: Paula, CADDY'S TEMPORARY TOILET TRAILER 9000 WEST GULF BLVD, TREASURE ISLAND, FL We are herein requesting permission to place a temporary restroom facility on the above referenced site per the attached diagram on A Site Plan for the Facility. This is a temporary facility that upon approval and Construction of the Proposed New Restrooms, will be removed. We anticipate a six to eight month timeline for processing and construction, assuming an approval is granted. We would therefore like to request a six month temporary permit with a six month extension available if required. We appreciate your consideration of this request. Please feel free to call on me should you have any additional questions. Thank you, John \ Bodziak, Architect; A.I.A ULMERTON ROAD, SUITE 21 CLEARWATER, FL PHONE: (727) FAX: 1 (727) FLA REG. #AR Packet Pg. 35 Attachment: 2 letter of request for temporary restroom trailer (Res : Res Request to Place a Temporary Restroom Trailer at

36 H.1.e RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND AUTHORIZING THE INSTALLATION OF A TEMPORARY RESTROOM TRAILER AT CADDY'S ON THE BEACH RESTAURANT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Caddy's on the Beach is a successful restaurant that draws a large numbers patrons to the establishment; and, WHEREAS, the restroom facilities inside the Restaurant are not always sufficient to handle the number of patrons visiting the facility and beach; and WHEREAS, the owner of Caddy's on the Beach is requesting permission to temporarily place a restroom trailer containing 4 women's toilets, 2 men's toilets and 4 urinals, on the property located immediately south of the Caddy's on the Beach Restaurant building; and WHEREAS, the owner of Caddy's on the Beach has represented that building plans for a improvements to Caddy's on the Beach that will provide permanent restrooms to sufficient to handle the number of patrons generated by the business; and WHEREAS, the City of Treasure Island Commission, after due consideration, has determined that temporarily permitting the restroom trailer is in its best interest. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE THAT: 1. Caddy's on the Beach is permitted to place the requested restroom trailer on the property described as Lots 7 and 8 Block 10 Sawyer and Harrell's 2 nd Addition to Boca Ciega Pass Subdivision, adjacent to and west of the dumpster enclosure, for a period of 9 months which may be extended for an additional period of time by the City Commission at the Commission's sole discretion. Caddy's on the Beach is representing to the City that building plans for permanent improvements to replace the temporary restrooms will be submitted for all needed City approvals during the 9 month period. 2. The restroom trailer shall be connected to public water and wastewater and electric utilities with a quick disconnect and the trailer shall be removed from Treasure Island in the event of a tropical storm/hurricane warning issued for Pinellas County. 3. All required permits for the restroom trailer shall be obtained for the permitting agencies. 4. The wheels shall not be removed from the Trailer in order to comply with flood plain management requirements for a temporary structure. 5. This resolution is effective immediately upon adoption. Attachment: 3 Resolution previously approved (Res : Res Request to Place a Temporary Restroom Trailer at Caddy s on the Packet Pg. 36

37 H.1.e, The 'foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the 7 th day of April, 2009 by Commissioner Bildz who moved its adoption; was seconded by Commissioner Collins and upon roll call, the vote was: YEAS: Commissioners Bildz, Collins, Gayton, Coward, Mayor Minning NAYS: None ABSENT OR ABSTAINING: None ATTEST: TViwrvOrY-x 3bO0 Dawn Foss, City Clerk Res 09-12, Caddy's Rest/oom Trailer Robert Minning, Maw Attachment: 3 Resolution previously approved (Res : Res Request to Place a Temporary Restroom Trailer at Caddy s on the Packet Pg. 37

38 Standard Features 10 private restrooms Water saving vacufiush toilets Toilet paper holder -Instant hand sanitizer dispenser Waterproof, skid resistant flooring Walls consist of FRP bonded to waterproof, rot-proof and mold resistant durable poly substrate 12V overhead LED lighting Jets " Vacuumerator pump (liquefies and pumps waste up to 100 feet) Connects directly to sewer or external collection tank -Reduces demand for fresh water by half Low maintenance -Very efficient operation (cut costs and increases margins) 10,000 lb. retractable axle system Remote controlled electric leveling jacks -Hydraulic surge disk brakes LED safety and trailer lighting (30,000 hour burn) 30 AMP 120V power requirement 24" doors with locking occupie&'vacant indicator 500 gallon waste tank (4,000 flushes) 250 gallons of fresh water capacity Roof mounted AC/Heat with remote thermostat Closed cell insulation with radiant reflective and vapor barrier LED porch and interior lighting Exterior 4 sink hand washing station with soap and paper towel dispensers Retractable tongue (can ship 2 units via high cube container) Omega J-10R H.1.f Packet Pg. 38 Attachment: 4 specifications for temporary restroom trailer (Res : Res Request to Place a

39 H.1.g Attachment: 5 picture of temporary restroom trailer (Res : Res Request to Place a Packet Pg. 39

40 TREASURE ISLAND MEAN HIGH WATER LINE OF 1968 COASTAL CONSTRUCTION LINE 6'-0" HIGH EXISTING FENCE CG LIONS CLUB TREASURE ISLAND MEAN HIGH WATER LINE OF 1968 COASTAL CONSTRUCTION LINE 6'-0" HIGH EXISTING FENCE CG LIONS CLUB 3'-0" HIGH EXISTING FENCE 3'-0" HIGH EXISTING FENCE H.1.h 1 SITE PLAN - DURING PERMITTIING SCALE: 1" = 20'-0" NORTH COASTAL CONSTRUCTION LINE CG CADDY'S TREASURE ISLAND MEAN HIGH WATER LINE OF SITE PLAN - DURING CONSTRUCTION SCALE: 1" = 20'-0" NORTH COASTAL CONSTRUCTION LINE TEMPORARY TRAILER LOCATION #1 CURRENT LOCATION - TO BE USED THRU PERMITTING TEMPORARY TRAILER LOCATION #2 FUTURE LOCATION - TO BE USED DURING CONSTRUCTION CG CADDY'S TREASURE ISLAND MEAN HIGH WATER LINE OF 1968 Attachment: 7 Exhibit 1 Site Plan for temporary restroom trailer (Res : Res Request to Place a Temporary Restroom Trailer at Caddy s on the Beach) R/OS WECKESSER PARK R/OS WECKESSER PARK CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. DRAWN BY: DCL DATE: JOB #: SHEET: A-0.0 JOHN A. BODZIAK AIA, ARCHITECT, PA ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR JACK@JABODZIAK.COM 2325 ULMERTON ROAD, SUITE 21 CLEARWATER, FLORIDA TEL: (727) FAX: (727) SEAL DWG. TITLE: CADDY'S WATERFRONT RESTAURANT ADDITION 9000 WEST GULF BOULEVARD TREASURE ISLAND, FLORIDA SITE PLAN - TOILET TRAILER LOCATIONS CLIENT NO.. DATE REVISIONS DESCRIPTION JOHN A. BODZIAK AIA, ARCHITECT, PA, HEREBY RESERVES IT'S COMMON LAW COPYRIGHTS AND OTHER PROPERTY RIGHTS IN THESE PLANS, IDEAS AND DESIGN. THESE IDEAS, DESIGNS AND PLANS ARE NOT TO BE RE- PRODUCED, CHANGED OR COPIED IN ANY FORM OR MATTER WHATSOEVER, NOR ARE THEY TO BE AS- SIGNED TO ANY THIRD PARTY WITHOUT FIRST OB- TAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT AND APPROPRIATE COMPENSATION TO JOHN A. BODZIAK AIA, ARCHITECT, PA. WRITTEN DIMENSIONS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTOR SHALL VERIFY AND BE RESPONSIBLE FOR DIMENSIONS AND CONDITIONS OF THE JOB AND JOHN A. BODZIAK & ASSOC. INC.,IS TO BE NOTIFIED IN WRITTING OF ANY VARIATION FROM THE DIMENSIONS, CONDITIONS AND SPECIFICATIONS APPEARING ON THESE PLANS. Packet Pg. 40

41 H.2.a To: From: M EMORANDUM MAURA J. KIEFER, P.A. 601 CLEVELAND STREET, SUITE 501 CLEARWATER, FL (727) Mayor Robert Minning and the City Commission of the City of Treasure Island Date: July 13,2015 Subject: Copy To: Maura J. Kiefer, City Attorney Summary of Proposals for Land Use Opinion on PD Ordinance and Comp Plan Amendments Mr. Reid Silverboard, City Manager; Mayor Minning and City Commissioners The following is a summary of the proposals received from attorneys who responded to the City's request for an independent land use opinion on the legality of the proposed Planned Development ("PD") Ordinance and related comprehensive plan amendments. Each of the below attorneys are well qualified to review the City's proposed PD ordinance and the related amendments, As the below summary shows they all have extensive municipal and land use experience. This summary is intended to provide the salient points of their proposals for convenient reference, as an aid to your selection. Edward de la Parte, Jr. Board Certified State & Federal Government & Administrative Practice Lawyer De la Parte & Gilbert, P.A, 101 East Kennedy Blvd. Suite 2000 Tampa, Florida Mr. de la Parte offers the City a reduced blended rate of $250/hr for attorneys and $100/hour for paralegals. He proposes a cap of $15,000 Memo from Maura J. Kiefer Re Summary of Land Use Opinion Proposals July 13, Attachment: KIEFER-Memo Land Use Attny-PD Ord. (Res : Res Engagement of Legal Services for FLUE and PD) Packet Pg. 41

42 H.2.a unless the City consents to a modification. The estimate includes reviewing the applicable Charter, comp plan, proposed ordinance and attendance at 3 meetings, and a written legal opinion. Since the founding of their firm 40 years ago, Mr. de la Parte has focused on environmental and land use law. In the past attorney de la Parte has worked for Treasure Island on the wastewater case, and rendered a valuable opinion on the legality of charging different rates to different users in the same class. He recently scored appellate victories in 2007 in Indian Trail Improvement District v. Palm Beach County, and in 2015 in FINR v. Hardee County. The FINR decision was addressed by the Legislature with House Bill 383. The Indian River case is interesting because it discusses 'aspirational amendments' to a Comp Plan. The court held that aspirational amendments do not require the same level of criteria and data expected for other types of amendments. Over the past 40 years, attorney de la Parte's firm has represented numerous local government clients around the State regarding environmental and land use issues. In Pinellas County, his firm represented the City of Clearwater in the early 1990s regarding land use and environmental issues related to construction of proposed improvements to Stevenson Creek. Also, from 1994 until 2012 the firm represented Pinellas County on numerous environmental and land use issues ranging from water resource permitting and development, landfill and solid waste siting, challenges to comprehensive plan amendments and development orders in neighboring counties and real estate and land use issues involving property owned by Pinellas County in Hillsborough. In addition to those clients, they have represented numerous cities in Pinellas County regarding other legal matters. Recently ( ) the represented Palm Beach County on the development and defense of a controversial comp plan amendment, which was challenged in both circuit court and in DOAH by the City of West Palm and the Town of Wellington, two special districts and several landowners. Their client Palm Beach County prevailed on all issues. Copies of the appellate decisions and final orders are attached for reference. Memo from Maura J. Kiefer Re Summary of Land Use Opinion Proposals ]uly 13, Attachment: KIEFER-Memo Land Use Attny-PD Ord. (Res : Res Engagement of Legal Services for FLUE and PD) Packet Pg. 42

43 H.2.a Another item involved the development of a controversial land development regulation ordinance in Polk County concerning the siting of solid waste disposal facilities. They assisted the Count in crafting a comp plan amendment which dispelled concerns in the community and was not challenged. Charlie L. Siemon Director Gray Robinson, P.A. Mizner Park 225 NE Mizner Boulevard, Suite 500 Boca Raton, FL Attorney Charlie Siemon offers a reduced blended hourly rate of $250/hour for attorneys, costs, such a postage, etc.., and would not charge for travel time to and from city hall. Attorney Siemon has extensive experience with the preparation and defense of comp plan amendments, including work done for Clearwater, Coral Gables, Monroe County, Boca Raton, West Palm Beach and Collier County. Mr. Siemon has already reviewed the City's relevant Charter provisions and a prior draft of the PD Ordinance. He provided the City with a written opinion which evaluated the proposed PD ordinance and made recommendations. Subsequently the City made certain changes to the proposed PD in response to Mr. Siemon's recommendations. He notes that this new phase of work would be different from the prior work in that he would be acting in more of a counseling role, working with the City on several levels to help them toward their goal of a well structured PD ordinance and related Comp Plan Amendments. He would examine the factual and legal elements of the City's procedures, to date and the proposed formal and final actions of the City Commission issue a written opinion which would be a review and analysis of the city's procedural and substantive actions. Mr. Siemon wants to stress that an "interactive direct presentation with elected and appointed bodies is the most effective means of addressing challenging planning and planning law issues. The issues before the Commission involve the comprehensive plan and proposed planned development regulations, and it is very difficult to frame the legal issues in a written Memo from Maura ]. Kiefer Re Summary of Land Use Opinion Proposals July 13, Attachment: KIEFER-Memo Land Use Attny-PD Ord. (Res : Res Engagement of Legal Services for FLUE and PD) Packet Pg. 43

44 H.2.a document because of the reality is that legal issues rarely turn on "black-and-white" rules of law, and usually involve ""shades" of color. He further states that the proposed planned development regulations involve several complex issues and thee are multiple alternative courses of action to implement the collective decision of the Commission and this is where the interactive presentation is often critical to the outcome. Susan Trevarthen, Esq. Weiss Serota Helfman Cole & Bierman 200 East Broward Blvd., Suite 1900 Fort Lauderdale, FL Attorney Trevarthen offers a discounted hourly rate of $250/hr, and estimates $25,000 to prepare an opinion letter, a sum which will not be exceeded without further City authorization. Their firm would not charge for travel time for any meeting attendance that may be requested. Susan Trevarthen has had experiences similar to that of the PD ordinance in Treasure Island, notably in her role as Town Attorney for Lauderdale-by-the-Sea dealing with distinctive Charter provisions limiting rezonings, changes to tourist and residential zoning categories and height of oceanfront development. The firm is also Village Attorney for Key Biscayne, and has dealt with voter approved limits on development and zoning changes there for many years, and for over a decade handled all land use and zoning matters for the Village of Islamorada in the Florida Keys. She has extensive experience with land use litigation issues in general and the Harris Act specifically, and has been cited with favor by the First District Court of Appeals on this topic. See M&H Profit, Inc. v. City of Panama City, 28 So.3d 71 (Fla. 1st DCA 2009) citing to CF7355AEB1F EC20049ADD1. She leads the firm's public land use and zoning practice, in which the Firm routinely addresses issues of drafting and interpretation of planned development regulations. Further, she has a master in city and regional planning, is a Fellow of the American Institute of Certified Planners, and has extensive planning law Memo from Maura J. Kiefer Re Summary of Land Use Opinion Proposals July 13,2015 ^ Attachment: KIEFER-Memo Land Use Attny-PD Ord. (Res : Res Engagement of Legal Services for FLUE and PD) Packet Pg. 44

45 H.2.a experience, which adds to her perspective when evaluating comprehensive plan amendments and land development regulations. Attached is a list of selected appellate decisions the firm has obtained on behalf of their municipal clients. Robert D. Pritt Roetzel & Andress RPritt@ralaw.com 850 Park Shore Drive Trianon Building, Third Floor Naples FL C (239) T (239) Attorney Bob Pritt offers a reduced government rate of $250 per hour (reduce from his regular rate of $350/hr) for this assignment. If one or more trips to Treasure Island are required, he would charge travel at Y2 his rate plus mileage at the IRS rate. Although he cannot estimate all of the time involved, he states a range of $2750 to $3250 to review the ordinance and Comp Plan amendments, plus his actual time involved to attend meetings at City Hall, respond to additional questions generated at any meetings and also to provide suggested changes which may come about as a result of his collaboration. Mr. Pritt and his firm have been called upon for opinions from other communities; they defended Cape Coral on a $30 Million Dollar challenge to comp plan as inverse condemnation, regularly represent Naples as city attorney including land use and defense, and have authored and/or edited many ordinances including PDs. As past FMAA President and CCLG Certification Committee member, he states they can be of assistance. Their firm (Roetzel & Andress) is large enough for its opinions to be meaningful. Treasure Island council and/or code enforcement board members may have attended Mr. Pritt's seminars at Longboat Key and maybe Manasota (public record/sunshine). Memo from Maura }. Kiefer Re Summary of Land Use Opinion Proposals July 13, Attachment: KIEFER-Memo Land Use Attny-PD Ord. (Res : Res Engagement of Legal Services for FLUE and PD) Packet Pg. 45

46 H.2.a Mark P. Barnebey Blalock Walters th Street West Bradenton, FL nd St N St Pete FL Attorney Barnebey of Blalock, Walters offers a reduced rate of $ per hour for shareholders and principals, $ per hour for associates, and $95.00 per hour for clerks and paralegals. They will not charge for travel time to and from city hall. Attorney Barnebey is board certified in City, County and Local Government Law and has extensive background in drafting ordinances and codes, including the drafting and processing of a State recognized top Comprehensive Plan and dozens of Comprehensive Plan amendments. He was directly involved in the drafting of the ordinance notice requirements now contained in Section , Florida and PD Ordinances for the communities Manatee County, Palmetto, Gainseville, and Plant City. His expertise also is supported by his work and credentials in the planning field, including his Master's Degree in Urban Planning. He has been recognized with several awards, including the highest honors awarded by the City, County and Local Government Section of the Florida Bar and the Florida Planning and Zoning Association, a state planning organization. He believes it is most important to work with and assist the local government to make sound decisions regarding land use issues, attempting to examine the intended and possible unintended consequences. Mr. Barnebey has made dozens of presentations to national and state conferences on matters relevant to the current issues, including land use law, property rights and ordinance drafting. He was a senior land use attorney for Manatee County for nearly fifteen (15) years, a city attorney for seven (7) years and special counsel to several cities and counties. For efficiency and expertise, other attorneys may also work from time to time on the review. Mr. Barnebey would be primarily assisted by Scott Rudacille, who is Board Certified in City, County and Local Government Law, and Fred Moore, who is Board Certified in Civil Litigation. A summary of Mr. Barnebey's background is described in his proposal, attached, as well as those of Mr. Rudacille and Mr. Moore. Memo from Maura J. Kiefer Re Summary of Land Use Opinion Proposals July 13, Attachment: KIEFER-Memo Land Use Attny-PD Ord. (Res : Res Engagement of Legal Services for FLUE and PD) Packet Pg. 46

47 H.2.a Loitnie Groot, Esq. Stenstrom, Mcintosh, Colbert 1001 Heathrow Park Lane, Suite 4001 Lake Mary, FL Lonnie Groot is a very well known and respected municipal attorney who has received impressive awards and recognition for his work. The list of governmental entities that Mr. Groot has represented is impressive and lengthy (too long to list here). Suffice it to say, he has drafted hundreds of ordinances, including Comp Plan amendments. Attached to this Memorandum are select attachments provided by some of the attorneys, such as reported appellate opinions, a memorandum on rezoning, and a list of cases litigated. Attached is a sample Memorandum authored by attorney Groot dated April 3,214 to the Development Services Director of Oviedo, Florida. It analyzes the rezoning application process for a PUD zoning district. He offers a rate of $165/hour. Lois La Seur Sachs & LaSeur, PA 1394 County Highway 283 S, Bldg 4 Santa Rosa, FL The firm of Sachs & LaSeur propose a rate of $250/hour and $75/hour of paralegal time. Ms. Sach's work emphasizes real estate and land use law. Ms. LaSeur has been the city planner for Callaway, FL and the planning manager for Walton County's Planning and Development Services Division. Together they will review the existing Treasure Island comprehensive plan and land development code, land use and other maps, and the applicable state statutes and related case law to provide an independent opinion concerning whether the proposed ordinance complies with the spirit and intent of state law. Should it be necessary the firm will recommend changes to safeguard the ordinance from a legal challenge. Memo from Maura ]. Kiefer Re Summary of Land Use Opinion Proposals July 13, Attachment: KIEFER-Memo Land Use Attny-PD Ord. (Res : Res Engagement of Legal Services for FLUE and PD) Packet Pg. 47

48 H.2.a Robert Lincoln, Esq. Mr. Lincoln is a very experienced municipal attorney and has extensive experience with comprehensive plan amendments. He represented hotel owners in St Pete Beach in their effort to obtain and defended Comp Plan Amendments from He also represented the Islandside Property Owners Coalition, LLC. in their efforts to oppose a major redevelopment effort at the south end of Longboat Key. Both of these effort involved complex issues with procedural and substantive challenges to comprehensive plan amendments. Both of these efforts involved complex issues with procedural and substantive challenges to comprehensive plan amendments, land development regulations and development orders. Both involved charter provisions requiring voter approval for some aspect of the proposed amendments. Mr. Lincoln served as special counsel to the Pinellas Planning Council between 2005 and 2007, assisting with litigation issues, amendments to the Countywide Plan, and evaluating the effects of amendments to Ch. 163, F.S. He has represented many governmental entities, most recently representing the Town of St. Leo defending a comprehensive plan consistency challenge to a development order issued by the Town. He offers a flat rate of $15,000 as described in his proposal, or an hourly rate of $300. Travel time will not be billed for two meetings. Silvia Morell Alderman Akerman LLP 106 East College Avenue Suite 1200 Tallahassee, FL This firm offers a rate of $350/hour and a not-to-exceed cap of $75,000 based on 215 hours of work. Ms. Alderman is Board Certified by the Florida Bar in State & Federal Government and Administrative Practice and has over 30 years experience representing regulated interests, including cities as well as developers. Her talents seem to be concentrated in environmental law as well. She has over 15 years experience as counsel to the Tallahassee- Memo from Maura J. Kiefer Re Summary of Land Use Opinion Proposals July 13, Attachment: KIEFER-Memo Land Use Attny-PD Ord. (Res : Res Engagement of Legal Services for FLUE and PD) Packet Pg. 48

49 H.2.a Leon County Planning Commission/Local Planning Agency, whose role includes determining the consistency of ordinances with comprehensive plan amendments and all applicable laws. Their proposal includes participation by attorneys Elizabeth Hernandez, Cindy Laquidara and Thomas Range. Memo from Maura J. Kiefer fie Summary of Land Use Opinion Proposals July 13, Attachment: KIEFER-Memo Land Use Attny-PD Ord. (Res : Res Engagement of Legal Services for FLUE and PD) Packet Pg. 49

50 H.2.b RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND AUTHORIZING THE MAYOR AND CITY ATTORNEY TO ENTER INTO AN AGREEMENT WITH TO PROVIDE AN INDEPENDENT LEGAL REVIEW AND OPINION OF THE ISSUES OUTLINED IN EXHIBIT 1 INCLUDING BUT NOT LIMITED TO THE PROCESS FOLLOWED BY THE CITY IN THE DEVELOPMENT OF THE PROPOSED AMENDMENT TO THE CITY S COMPREHENSIVE LAND, FUTURE LAND USE ELEMENT, RELATING TO PLANNED DEVELOPMENT (PD) AND PROPOSED PLANNED DEVELOPMENT (PD) LAND DEVELOPMENT REGULATIONS; TO PROVIDE AN INDEPENDENT LEGAL REVIEW OF THE SUBSTANTIVE AND PROCEDURAL PROVISIONS OF THE PROPOSED AMENDMENT TO THE CITY S COMPREHENSIVE LAND FUTURE LAND USE ELEMENT AND PLANNED DEVELOPMENT (PD) LAND DEVELOPMENT REGULATIONS; PROVIDE THE CITY WITH A WRITTEN OPINION REGARDING WHETHER THE PROPOSED AMENDMENT AND LAND DEVELOPMENT REGULATIONS SATISFIES THE SPIRIT AND INTENT OF COMPREHENSIVE PLAN AND LAND USE REGULATIONS AS GOVERNED UNDER CHAPTER 163, 166 AND RELATED RELEVANT STATE LAW AND INTERPRETIVE COMMON LAW, AND IF NOT, WHAT CHANGES ARE RECOMMENDED TO SAFEGUARD THE ORDINANCE FROM A LEGAL CHALLENGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, Local Planning Agency (LPA), and staff have been engaged in the development and review of a Planned Development Zoning District Ordinance; and WHEREAS, the City Commission of Treasure Island desires an independent legal opinion on the legality of the pending, draft Comprehensive Plan Future Land Use Element Amendment Ordinance and the Planned Development Land Development Regulations Ordinance, from land use attorneys who are experienced in drafting and defending Comp Plan Amendments and Planned Development ordinances; and WHEREAS, the Commission is interested in an independent outside review and opinion of the process followed by the City in the development of the proposed amendment to the City s Comprehensive Land, Future Land Use Element, relating to Planned Development (PD) and proposed Planned Development (PD) Land Development Regulations; and Page 1 Attachment: Res 15-84, Engagement of Legal Services for FLUE and PD review (Res : Res Engagement of Legal Services Packet Pg. 50

51 H.2.b WHEREAS, the Commission is interested in an outside opinion to review the substantive and procedural provisions of the Draft Ordinances, and provide the City with a written opinion regarding whether the Ordinance satisfies the spirit and intent of land use regulations as governed under Chapter 163, 166 and related relevant State law and interpretive common law; and, if not, what changes are recommended to facilitate the Ordinance withstanding a legal challenge. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE: Section 1. The City Commission authorizes the Mayor and City Attorney to enter into an agreement with, to provide the City with a written legal review and opinion on the of the proposed amendment to the Future Land Use Element Ordinance and Proposed Planned Development Ordinance as outlined in exhibit 1 attached at a cost not to exceed $. Section 2. City Commission approval must be obtained to authorize any additional work or fee adjustment should it be determined by the consulting attorney, City Attorney and City Manager that additional work not contemplated in the original scope of services is needed. Section 3. This Resolution shall be effective immediately upon adoption. The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the day of, 2015 by Commissioner who moved its adoption; was seconded by Commissioner and upon roll call, the vote was: ATTEST: YEAS: NAYS: ABSENT OR ABSTAINING: Tiffany Makras, City Clerk Res 15-84, Engagement of Legal Services for FLUE and PD review Page 2 Robert Minning, Mayor Attachment: Res 15-84, Engagement of Legal Services for FLUE and PD review (Res : Res Engagement of Legal Services Packet Pg. 51

52 H.2.b Exhibit 1 1. Review the processes and procedures followed in the development, review and public hearings for the proposed PD Ordinance and Comp Plan Amendment Ordinance by staff, PZB/LPA, and City Commission to ensure that no technical /procedural /or omission errors have been made. 2. Review the proposed PD ordinance and Comp Plan Amendment Ordinance to ensure that there are no questionable or illegal requirements/conditions of approval/ or other substantive or procedural problems. 3. If any technical or substantive problems are identified, the attorney shall make recommendations for resolving the issue 4. Provide an opinion of the validity of the following issues: a. The PD LDR permits PD zoning designation in one area of the City that is currently zoned CG Commercial General or RFH-50 Resort Facilities High but not in other areas of the City zoned CG or RFH50 and this is discriminatory and will result in law suits. b. Increasing the density or height of a parcel unjustly enriches the property owner and the City should get a portion of that increased value. c. The PD Ordinance and Comp Plan Ordinance creates PD is a floating zone that would allow the owner of property located anywhere in the city with any zoning designation and FLUE land use designation to request PD rezoning and FLUE amendment and the commission would be compelled to grant it therefore allowing increases in height or density anywhere in the City. d. PD constitutes illegal spot zoning e. Required public improvements or extractions can only be required when there has been a clear essential nexus established between the projected impacts of the proposed development and a legitimate governmental purpose establishing specific public improvement? i.e. 1. Dedicated beach access easement or waterfront access easement for public use, The beach or waterfront access shall be improved and be ADA-accessible for the distance from the right-of-way line to the Pinellas County Coastal Construction Control Line. 2. Extension of the central beach trail for the width of the subject property. 3. Requiring a recorded utility easement for future undergrounding of utilities for the entire width of the right of way of the development f. Requiring the PD development to establish a common driveway from the arterial roadway with the neighboring property on either side to reduce driveway cuts, establish cross-traffic circulation on private property, etc. g. Could the approval of the PD lead to a lawsuit by someone who owns property outside the PD and has been denied PD Zoning after applying for it? h. The Gray Robinson opinion stated in order to avoid the particular development /specified interest issue, delete the geographic references and more generally described the appropriate policies to be utilized when determining to rezone a particular parcel(s) to the Page 3 Attachment: Res 15-84, Engagement of Legal Services for FLUE and PD review (Res : Res Engagement of Legal Services Packet Pg. 52

53 H.2.b NEPD District and make the provisions applicable to any land in the CG Future Land Use Category. Is the proposed ordinance in direct conflict with the Gray Robinson opinion or does it provide an equally valid method that is equally legally sustainable? i. Does the City risk being sued, losing, having the bill for the lawsuit and having development in areas where voters were not allowed to vote for increased heights and density if the City does not include other areas in the proposed PD? Page 4 Attachment: Res 15-84, Engagement of Legal Services for FLUE and PD review (Res : Res Engagement of Legal Services Packet Pg. 53

54 H.3.a DATE: August 11, 2015 TO: FROM: Mayor and City Commission Reid Silverboard, City Manager SUBJECT: Res , Appointing a Vision Steering Committee Member Diane Marks has submitted an application for appointment to the Vision Steering Committee. At the August 4, 2015 meeting, the Commission reviewed her application and noted that she had indicated that she might not be able to regularly attend daytime meetings. It was the Commission consensus to speak to Ms. Marks and find out more about her ability to attend daytime meetings. The Vision Steering Committee chair has since spoken with Ms. Marks and is confident that she will be able to attend daytime meetings on a regular basis and is satisfied that she will be a contributing member if appointed. Ms. Marks is eligible to serve as either the District 1 representative, the Mayor s representative, or the At-Large representative. Staff recommends appointing Ms. Marks to either position that she is eligible for. Res 15-76, Vision Steering Committee Member Appt. cover memo CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM August 18, 2015 Item No. H-3 Attachment: --Res 15-76, Vision Steering Committee Member Appt doc (Res : Res , Appointing a Vision Steering Page 1 Packet Pg. 54

55 CITY OF TREASURE ISLAND, FLORIDA loath AVENUE TELEPHONE: RECEIVED JUN APPLICATION FOR APPOINTMENT TO CITY BOARDS & COMMITTEES Please indicate which board or committee you would like to serve on: Beach Stewardship Committee Vision Steering Committee LY Mitigation Planning Committee [] Code Enforcement Board [ ] Gulf Beaches Library Board [ ] Planning & Zoning Board [ ] Other - Please Specify [ ] Are you available for: Daytime meetings Yes [ ] Evening meetingsetl-yj Yes [~ Nam 11ktJ~ fv1 fv1alzi-<s PfP 1'1 1J..7 Phone No. (H )!J.l -lbq~ /J3 (W) 5~-4-{q I Address ~~'1 ~LL~~~ ~~~ /. r address 75L l1 K COW) I ImJ- f :::.. () ccupation y UAt\T~ DUJ{UYYV2j LJDtDlrJA1t)(L- If retired, what was your last occupation? Do you have any special education, skills, or talents that would be beneficial to the appointment you a re see k i g? If so, w hat a re they?-7"it::---:-r-.-t-;-:-t--rr---=---;i""~77t+ r_r_rh=ri_.,..._:::]..., r r F7~=A rj In compliance with Section , Florida Statutes, the City of Treasure l~m~lcj\/ to report annually to the Secretary of State the number of minority and non-minority, and the number of physically disabled appointments to a board, committee or commission. Please indicate your gender, racefind whether you are physically disabled: ( GENDER Male [] Female [V] PHYSICALLY DISABLED Yes [J No [ RACE AFRICAN-AMERICAN [ ], NATIVE-AMERICAN [J./ ASIAN-AMERICAN [ ] CAUCASIAN [w HISPANIC-AMERICAN Should I be appointed to serve on a board or committee, I agree to comply with and uphold the City's Charter and Code of Ordinances. I understand that I will have to take an Oath of Office should I be appointed to a quasi-judicial board. I understand that if I am appointed to the Planning & Zoning Board or Code Enforcement Board I will be required to comply with 51ifw;;;'"tions. 7. /3 I~ Signature For Office Use Only : Revised 05/03/2011 District_ -#-_ Date H.3.a Attachment: --Res 15-76, Vision Steering Committee Member Appt doc (Res : Res , Appointing a Vision Steering Packet Pg. 55

56 H.3.a Resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND APPOINTING A MEMBER TO THE VISION STEERING COMMITTEE. WHEREAS, the City Commission adopted Resolution authorizing a vision plan update process, authorizing the establishment of a Vision Steering Committee, and sunsetting the Vision Stewardship Committee; and WHEREAS, there are several vacancies on the committee; and WHEREAS, Diane Marks has submitted an application requesting to serve on the Vision Steering Committee. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE THAT: 1. Diane Marks is appointed to the Vision Steering Committee as the ( ) representative. 2. This resolution is effective upon passage The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the 18th day of August, 2015 by Commissioner ( ) who moved its adoption; was seconded by Commissioner ( ) and upon roll call, the vote was: YEAS: NAYS: ABSENT OR ABSTAINING: ATTEST: Tiffany Makras, City Clerk Res 15-76, Vision Steering Committee Member Appt Robert Minning, Mayor Attachment: --Res 15-76, Vision Steering Committee Member Appt doc (Res : Res , Appointing a Vision Steering Packet Pg. 56

57 H.4.a DATE: August 12, 2015 TO: FROM: SUBJECT: Mayor and Commissioners Reid Silverboard, City Manager Res 15-77, Annual Board & Committee Appointments Annually on August 31 st there are board and committee appointments that expire. The board members whose terms are expiring this year are listed below. Those marked with an * have reached their term limit. Ordinance provides for appointment for an additional term if there are no qualified applicants for the position. At this time there are no applicants for any board or committee position. Code Enforcement: Sharon McLendon At-Large Bob Weber At-Large Planning & Zoning: Guy Petix District 2 John G. Layne District 3 Kevin Johnson District 4* Larry Lunn At large Beach Stewardship: Vacant District 3 Mr. Petix, Mr. Layne, Mr. Lunn, and Mr. Weber have said they would like to be reappointed. Staff has not heard back yet from Mrs. McLendon or Mr. Weber. We will continue working on contacting all appointees to ensure that they wish to continue serving on the board or committee that they may be reappointed to. Res 15-77, Annual Board & Committee Appointments cover memo CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM August 18, 2015 Item No. H-4 Attachment: Res 15-77, Annual Board & Committee Appointments cover memo (Res : Res 15-77, Annual Board & Committee Page 1 Packet Pg. 57

58 H.4.b Middleton, Pam From: Sent: To: Subject: J. Layne Tuesday, August 11, :15 PM Silverboard, Reid Re: Reappointment to PZB/LPA Absolutely... Thank you, John Layne Sent from my ipad On Aug 11, 2015, at 11:08 AM, Silverboard, Reid wrote: Please be advised that your term on the PZB/LPA ends on Please let me know at your earliest possible convenience if you want to be reappointed to the Board for an additional 3 year term ending reid Reid Silverboard, City Manager City of Treasure Island, FL th Avenue Treasure Island, FL Ext Fax citymanager@mytreasureisland.org Under Florida Law, addresses are public records. If you do not want your address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by telephone or in writing. Attachment: Re Reappointment to PZB LPA (Res : Res 15-77, Annual Board & Committee Appointments) 1 Packet Pg. 58

59 H.4.c Middleton, Pam From: Guy Petix Sent: Tuesday, August 11, :26 PM To: Silverboard, Reid Subject: RE: Reappointment to PZB/LPA (District 2) Hi Reid, I'll stay on, but to tell you the truth,it's very frustration when you put in a lot of hours and work and its brushed aside. (north end) From: rsilverboard@mytreasureisland.org To: PTREA@msn.com CC: tramsberger@mytreasureisland.org Subject: Reappointment to PZB/LPA (District 2) Date: Tue, 11 Aug :10: Please be advised that your term on the PZB/LPA ends on Please let me know at your earliest possible convenience if you want to be reappointed to the Board for an additional 3 year term ending reid Reid Silverboard, City Manager City of Treasure Island, FL th Avenue Treasure Island, FL Ext Fax citymanager@mytreasureisland.org Under Florida Law, addresses are public records. If you do not want your address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by telephone or in writing. Attachment: RE Reappointment to PZB LPA (District 2) (Res : Res 15-77, Annual Board & Committee Appointments) 1 Packet Pg. 59

60 H.4.d RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND APPOINTING INDIVIDUALS TO SERVE ON THE CODE ENFORCEMENT BOARD, PLANNING AND ZONING BOARD, AND BEACH STEWARDSHIP COMMITTEE. WHEREAS, vacancies will exist on the above mentioned boards and committees of the City of Treasure Island as of August 31, 2015 as a result of the expiration of terms; and WHEREAS, the City Commission desires to appoint or reappoint certain individuals for three year terms expiring on August 31, 2018, to serve upon creation of said vacancies. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE THAT: The following appointments shall be made to boards and committees for a term of 3 years (unless noted otherwise): Code Enforcement: Sharon McLendon At-Large Bob Weber At-Large Planning & Zoning: Guy Petix District 2 John G. Layne District 3 Kevin Johnson District 4* Larry Lunn At large Beach Stewardship: Vacant District 3 * Term Limited Out The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the 18 th day of August, 2015 by Commissioner who moved its adoption; was seconded by Commissioner and upon roll call, the vote was: ATTEST: YEAS: NAYS: ABSENT OR ABSTAINING: Tiffany Makras, City Clerk Res 15-77, Annual Board & Committee Appointments Robert Minning, Mayor Attachment: Res 15-77, Annual Board & Committee Appointments (Res : Res 15-77, Annual Board & Committee Appointments) Packet Pg. 60

61 H.5.a DATE: August 11, 2015 TO: FROM: SUBJECT: Reid Silverboard, City Manager Paula Cohen, Community Improvement Director Resolution 15-67, Proposed Amendments to Fee Schedule Background: The City fee schedule was last amended on August 19, The proposed fee schedule provides a couple of new fees and verbiage changes to provide greater clarification of the description of the fee. Discussion: Community Improvement Department: The staff is seeking to revise the Land Development Fee Schedule as follows: CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM August 18, 2015 Item No. H-5 Staff proposes to revise language in the fee schedule for clarification. Rather than stating a PLAN CHECKING FEE or PENALTIES FOR PERFORMING WORK WITHOUT A PERMIT ; staff proposes to insert common phrases such as PLAN REVIEW FEE and AFTER-THE-FACT PERMIT. Later in the year, the Pinellas County Transportation Impact Fee will be revised and identified as a Mobility Fee. This is a result of recent state legislation. The City Commission adopted an Ordinance pertaining to sidewalk cafés. This fee has been included in this schedule for city staff to perform this work. The staff receives several requests weekly for same day building inspections. The Department wants to accommodate the requests, whenever possible. This special service should be assigned an up-charge; as there are accommodations and rescheduling required of staff. This up-charge may help remind those who continuously forget to call-in an inspection and to be more timely in calling in their request. UPDATES AFTER CITY COMMISSION WORKSHOP AUGUST 4, 2015 The last sentence of Items 2 and 3 has been amended to clarify the verification of valuation. 2. TOTAL VALUATION FEE - $1,000 or less base fee only (where only a final inspection is required additional inspections required shall be charged a $50.00 plus $ If, in the opinion of the building official, the valuation for the scope Attachment: Res 15-67, Amendments to Fee Schedule cover memo (Res : Res.15-67, Proposed Amendments to Fee Schedule) Packet Pg. 61

62 H.5.a of work: construction, addition, alteration, repair, remodel, and/or replacement appears to be understated or underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates or a copy of the contract to meet the approval of the building official. 3. TOTAL VALUATION FEE OVER $1,000 Base fee of $50.00 plus $15.00 for each thousand or fraction thereof. If, in the opinion of the building official, the valuation for the scope of work: construction, addition, alteration, repair, remodel, and/or replacement appears to be understated or underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates or a copy of the contract to meet the approval of the building official. Item 9 has been rewritten as follows: 9. FEE FOR A SAME DAY INSPECTION - $40. (This service is subject to the availability of an inspector to provide this service.) Staff Recommendation Staff recommends approval of Resolution become effective October 1, Res 15-67, Amendments to Fee Schedule cover memo Attachment: Res 15-67, Amendments to Fee Schedule cover memo (Res : Res.15-67, Proposed Amendments to Fee Schedule) Packet Pg. 62

63 H.5.b RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND, FLORIDA AMENDING THE FEE SCHEDULE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 65-1 of the Land Development Regulations of the City of Treasure Island mandates that fees for development permits, including comprehensive plan amendments, be established by Resolution of the City Commission; and WHEREAS, Chapter of the Land Development Regulations states that a fee may be set from time to time by a resolution passed by the City Commission; and WHEREAS, the City Commission last updated the fee schedule with the passage of Resolution on August 19, 2014; and WHEREAS, the City Commission has since adopted regulations for sidewalk cafés and this item needs to be included in the listing of city fees; and WHEREAS, the City Commission updated and revised verbiage in the Resolution to provide a more accurate explanation of the fee; and WHEREAS, the City Commission realizes that staff has had an increasing number of requests for same day building inspections, as contractors are trying to meet specific deadlines of their owners and find that this service warrants an additional expense to the contractor. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE THAT: The City Commission of Treasure Island does hereby approve the amended Fee Schedule, attached as Exhibit 1, a copy of which is attached hereto and made a part hereof. This Resolution is effective immediately upon adoption. The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the 18th day of August 2015 by Commissioner who moved its adoption; was seconded by Commissioner and upon roll call, the vote was: YEAS: NAYS: ABSENT OR ABSTAINING: ATTEST: Tiffany Makras, City Clerk Res 15-67, Amendments to Fee Schedule Robert Minning, Mayor Attachment: Res 15-67, Amendments to Fee Schedule (Res : Res.15-67, Proposed Amendments to Fee Schedule) Page 1 Packet Pg. 63

64 H.5.b EXHIBIT 1 CITY OF TREASURE ISLAND, FLORIDA FEE SCHEDULE OCTOBER 1, BASE FEE For issuing each permit: $ TOTAL VALUATION FEE - $1,000 or less base fee only (where only a final inspection is required additional inspections required shall be charged a $50.00 plus $ If, in the opinion of the building official, the valuation for the scope of work: construction, addition, alteration, repair, remodel, and/or replacement appears to be understated or underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates or a copy of the contract to meet the approval of the building official. 3. TOTAL VALUATION FEE OVER $1,000 Base fee of $50.00 plus $15.00 for each thousand or fraction thereof. If, in the opinion of the building official, the valuation for the scope of work: construction, addition, alteration, repair, remodel, and/or replacement appears to be understated or underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates or a copy of the contract to meet the approval of the building official. 4. FEE FOR CERTIFICATION SURCHARGE A fee of ½ cent per square foot of new floor area shall be charged for new construction, additions and occupancy change of use (required by Florida Statute). 5. FEE FOR RADON SURCHARGE A fee of ½ cent per square foot of new floor area shall be charged for new construction, additions and occupancy change of use (required by Florida Statute). 6. FEE FOR REINSPECTION The contractor shall pay a re-inspection fee of $50 for each inspection failure. 7. FEE FOR REQUESTED ADDITIONAL INSPECTION OR PARTIAL INSPECTION $50 fee for each inspection requested shall be charged. 8. FEE FOR EXTENSION OF TIME ON A PERMIT - 1. EXTENSION OF A BUILDING PERMIT WHICH HAS NOT YET EXPIRED AND FULFILLS THE PERMIT INTENT OF SECTION OF THE FLORIDA BUILDING CODE- $ EXTENSION OF A BUILDING PERMIT WHICH HAS BEEN EXPIRED APPLICANT MUST REAPPLY FOR A NEW PERMIT Attachment: Res 15-67, Amendments to Fee Schedule (Res : Res.15-67, Proposed Amendments to Fee Schedule) Page 2 Packet Pg. 64

65 H.5.b 9. FEE FOR A SAME DAY INSPECTION - $40. (This service is subject to the availability of an inspector to provide this service) 10. FEE FOR PER TENT FOR SPECIAL EVENTS, PERMIT CONTRACTOR CHANGE, CONTRACTOR TRAILER, CONTRACTOR STORAGE TRAILER, TEMPORARY POWER POLE, AND TEMPORARY STRUCTURES Fees for permits where no work valuation is pertinent shall be based upon an initial fee of $50.00 covering one inspection and a fee of $50 for each additional inspection required. The number of inspections required shall be at the discretion of the City Commission, City Manager, Community Improvement Director, Fire Department, or Building Official as the situation warrants. 11. MOVING FEE AND DEMOLITION FEE for the demolition or the moving of any building or structure, the fee shall be $ A. Valuation of Moving or Demolition Work of $0 to $15,000 = $ B. Valuation of Moving or Demolition Work greater than $15,000 = 1% of moving or demolition cost 12. PLAN-CHECKING REVIEW FEES When a plan is required to be submitted, a planchecking review fee shall be paid to the City at the time of submitting plans and specifications for checking. Said plan-checking review fee shall be equal to one-half of the permit fee as set forth in this Exhibit. The plan-checking review fee is in addition to any permit fee or other plan-checking review fee. 13. DETERMINATION OF CONCURRENCY (Section , Initial Review) - $ CONCURRENCY REVIEW (SECTION Required Review, if not exempted). When a plan is required to be submitted for concurrency review, a review fee shall be paid to the City at the time of submitting plans and specifications for checking. Said fee shall be equal to one-quarter (25%) of the permit fee, as set forth in this exhibit. The fee is in addition to any permit fee or other plan-checking fee. 15. AFTER THE FACT PERMIT- PENALTIES FOR PERFORMING WORK WITHOUT A PERMIT Where work for a permit is required by the Code of Ordinances and/or Land Development Regulations the work is started or proceeded prior to obtaining said the permit, the (permit fees) herein specified shall be five (5) times. but The payment of the five (5) times fee shall not relieve any persons from fully complying with the requirement of the Code of Ordinances and Land Development Regulations. 16. FEMA FLOOD PLAIN MANAGEMENT ORDINANCE PENALTIES Where work for a permit is required by the Land Development Regulations and is in violation of exceeding the substantial improvement 50% rule, the (permit fees) herein specified shall be five (5) times, but the payment of such five (5) times fee shall not relieve any persons from fully complying with the requirements of the Land Development Regulations in the execution of the work not from any other penalties prescribed herein. 17. AFTER HOURS BUILDING INSPECTIONS Attachment: Res 15-67, Amendments to Fee Schedule (Res : Res.15-67, Proposed Amendments to Fee Schedule) Page 3 Packet Pg. 65

66 H.5.b A. Building Inspections after 5 p.m. Monday through Friday and Saturdays - $105 per hour plus 25% administrative fee. B. Building Inspections on City Recognized Holidays and Sundays - $110 per hour plus 25% administrative fee. 18. PLANNING AND ZONING BOARD / LOCAL PLANNING AGENCY FEES A. APPEAL TO AN ADMINISTRATIVE DECISION $ B. VARIANCE REQUEST BASE FEE (one variance) - $ Each Additional Variance Requested $ C. SPECIAL EXCEPTION REQUEST $ D. SITE PLAN REVIEW 1. Single family and duplex $ Multifamily, Commercial, and Institutional $ Minor Modification * to Previously Approved Site Plan One-half regular site plan review fee. E. SUBDIVISION (PLAT) REVIEW 1. Preliminary Plat - $ Final Plat -$ The cost of recording the plat shall be paid by the applicant. F. COMPREHENSIVE PLAN TEXT AMENDMENT / FUTURE LAND USE MAP AMENDMENT $2,250. G. REZONING FEE - $2, H. PLANNED DEVELOPMENT PROJECTS a. Concept Plan - $ b. Preliminary Project Plan - $1, c. Final Project Plan $2, d. The cost of recording the approved Final Project Plan of the Planned Development and Development Agreement at the Pinellas County Clerk of the Court shall be paid by the applicant. I. REQUEST FOR A TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS - $2, J. AFTER THE FACT (NO PERMIT) BOARD REVIEW - $ SURCHARGE PER CASE. 19. CITY COMMISSION HEARING FEES A. Variance and Special Exception fees shall be the same as Planning and Zoning Board fees. B. Vacation of an easement shall be $ The cost of recording shall be paid by the applicant. C. Vacation of a right-of-way shall be $ The cost of recording shall be paid by the applicant. D. License agreement request for City-owned beach area generally from 104 th Avenue to 119 th Avenue shall be $ plus any City Attorney fees (non-refundable). Attachment: Res 15-67, Amendments to Fee Schedule (Res : Res.15-67, Proposed Amendments to Fee Schedule) Page 4 Packet Pg. 66

67 H.5.b E. License agreements with property owners along the Central Beach Trail who wish be make public improvements between the rear property line of their lot and the Central Beach Trail; the $ fee shall be waived. F. Release of Unity of Title shall be $ G. After-the-Fact Case (no permit) for Board Review - $ surcharge per case. H. All special events on private property which are open to the public for a fee or not, or for profit or not, requiring staff approval, shall pay a special event permit application fee of $100; for City Commission approval, a special event permit application fee shall be $ I. Other City Commission hearing fees shall be $150.00, unless otherwise stipulated. 20. SEWER IMPACT FEE For structures not previously connected $ POLITICAL SIGNS No charge. 22. TRANSPORTATION IMPACT FEE OR TRANSPORATION MOBILITY FEE Per Pinellas County Code. 23. LAND USE / ZONING VERIFICATION LETTER $ LAND DEVELOPMENT REGULATION INTERPRETATION LETTER $ LAND DEVELOPMENT REGULATION - ADMINISTRATIVE WAIVER BY STAFF - $ LOT LINE ADJUSTMENT $ The cost of the recording shall be paid by the applicant. 27. AFTER-THE-FACT (no permit) PLANNING STAFF REVIEW ONLY, (PLANNING AND ZONING BOARD REVIEW NOT REQUIRED) $ surcharge per case 28. USE OF PUBLIC BEACH OR PUBLIC PROPERTY REVIEW - CITY STAFF REVIEW ONLY - o $25.00 for a small gathering of less than 75 people for a ceremony (i.e. wedding, memorial, etc), inclusive of only a 10 x 10 tent and arch 29. USE OF PUBLIC BEACH OR PUBLIC PROPERTY REVIEW CITY COMMISSION REVIEW : All events on public property or the public beach which are open to the public for fee or not, or for profit or not, requiring City Commission approval, except City sponsored or Commission exempted public events: $ non-refundable The determination of whether a use requires City Commission approval under this subsection shall be at the sole discretion of the City Manager or designee. o Tents greater than 10 x 10 in size and stages must also pay for a separate tent and/or stage permit fee from the Building Division, as set forth in this exhibit. 30. PROPERTY CARD INTERPRETATION [determination of number of legal units and/or legal use] $ LIEN SEARCH --$50.00 / PARCEL. Attachment: Res 15-67, Amendments to Fee Schedule (Res : Res.15-67, Proposed Amendments to Fee Schedule) Page 5 Packet Pg. 67

68 H.5.b 32. STAFF ASSISTANCE IN PREPARING A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PERMIT FOR USE OF THE PUBLIC BEACH - $ per event. 33. DOGGIE DINING PERMIT APPLICATION FEE $100.00, ANNUAL RENEWAL FEE $ SIDEWALK CAFÉ USE PERMIT - APPLICATION FEE $100.00, ANNUAL RENEWAL FEE $ SUMMER CAMP FEES 10 week program fee Residents Early Registration Fee $425 Non-Residents Early Registration Fee $825 Residents Late Registration Fee $475 Non-Residents Late Registration Fee $875 Weekly Rate Residents $90 week Non-Residents $150 week 36. TREASURE BAY GOLF AND TENNIS Tennis Daily Fee $8 per day 37. RENTAL OF TREASURE ISLAND PARK PAVILION Reserve Pavilion $50 per day 38. RESERVATION OF ROSSELLI PARK PICNIC AREA /W RESTROOMS Picnic Tables and restroom facilities $ PARKING Parking Meter Rates: Ring Billed Gull Lot located at West Gulf Boulevard & 81st Avenue--$1.75 per hour Tern Lot located at West Gulf 77th to 79th Avenues---$1.75 per hour Gulf Front Park Lot located at Gulf Boulevard & 104th Avenue---$1.75 per hour All other metered City parking lots not listed above---$1.25 per hour Resident Parking Passes: $45.00/annually Res 15-67, Amendments to Fee Schedule FY15-16 Exhibit Attachment: Res 15-67, Amendments to Fee Schedule (Res : Res.15-67, Proposed Amendments to Fee Schedule) Page 6 Packet Pg. 68

69 H.6.a DATE: August 11, 2015 TO: FROM: SUBJECT: Mayor and Commissioners CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM August 18, 2015 Item No. H-6 Reid Silverboard, City Manager Res 15-71, FY PSTA Agreement for Beach Trolley Service The one year Agreement between the City of Treasure Island, City of St. Pete Beach and the Pinellas Suncoast Transit Authority (PSTA) for operation of the Suncoast Beach Trolley will expire at midnight on September 30, I have discussed a new Agreement for the Suncoast Beach Trolley with the staff of the Pinellas Suncoast Transit Authority. The Agreement between the Pinellas Suncoast Transit Authority (PSTA), the City of St. Pete Beach and the City of Treasure Island is provided as Attachment A to Resolution There are no significant changes to the proposed Agreement for FY The proposed Agreement for Suncoast Beach Trolley Service is for the period beginning October 1, 2015 through September 30, As in the past several years, the Agreement covers a one year period in order to get the lowest operational cost possible. 2. The Agreement provides that the PSTA will operate a trolley service in the Cities in accordance with the routes and schedule provide in Exhibit 1 and Exhibit 2 of the proposed Agreement. There is no change to the basic route through Treasure Island. 3. There is a set fee for Beach Trolley service rather than a hourly fee for each hour of operation. This change was made in FY 13. The cost for Treasure Island will be $231,132 and for St. Pete Beach $462, In addition to the Beach Trolley Service fee, Treasure Island and St. Pete Beach will pay for DART Paratransit For the portion of the cost related to DART paratransit services, the apportionment shall be based on the actual allocation of contracted DART expenses within each of the Cities during the first three quarters of the previous fiscal year. (October through June). Currently Treasure Island accounts for 47% of the cost of the DART service with St. Pete Beach at 53%. The cost for Treasure Island will be $5,896 and for St. Pete Beach $6,648. Page 1 Attachment: Res 15-71, PSTA Agreement FY cover memo (Res : Res 15-71, FY PSTA Agreement for Beach Trolley Packet Pg. 69

70 H.6.a 5. The total cost to Treasure Island for the Beach Trolley and for DART service will be $237,028. St. Pete Beach will pay $468,912. Each City will be billed separately monthly. Recommendation Staff recommends approval of Resolution 15-71, authorizing the Mayor to execute the Agreement for Beach Trolley Service for the period October 1, 2015 through September 30, Res 15-71, PSTA Agreement FY cover memo Page 2 Attachment: Res 15-71, PSTA Agreement FY cover memo (Res : Res 15-71, FY PSTA Agreement for Beach Trolley Packet Pg. 70

71 H.6.b Attachment: Letter - FY 2016 Suncoast Beach Trolley Fundng for City of Treasure Island (Res : Res 15-71, FY PSTA Agreement Packet Pg. 71

72 H.6.b Attachment: Letter - FY 2016 Suncoast Beach Trolley Fundng for City of Treasure Island (Res : Res 15-71, FY PSTA Agreement Packet Pg. 72

73 H.6.c RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND APPROVING AN AGREEMENT BETWEEN THE CITY OF TREASURE ISLAND, THE CITY OF ST. PETE BEACH AND THE PSTA FOR THE OPERATION OF THE SUNCOAST BEACH TROLLEY FOR THE PERIOD OCTOBER 1, 2015 THROUGH SEPTEMBER 30, WHEREAS, the one year Agreement between the City of Treasure Island, City of St. Pete Beach and the Pinellas Suncoast Transit Authority (PSTA) for operation of the Suncoast Beach Trolley will expire on September 30, 2015; and WHEREAS, the City of Treasure Island and the City of St. Pete Beach wish to continue a contractual arrangement with the PSTA to provide a trolley transportation system on Gulf Boulevard; and WHEREAS, there will be a set fee for Beach Trolley service that will be paid one-third by Treasure Island and two-thirds St. Pete Beach and the cost for Treasure Island will be $231,132 and for St. Pete Beach $462,264; and WHEREAS, in addition to the Beach Trolley Service fee, Treasure Island and St. Pete Beach will pay for DART Paratransit with the cost based on the actual allocation of contracted DART expenses within each of the Cities, set at 47% ($5,896) for Treasure Island, and 53% for St. Pete Beach ($6,648); and WHEREAS, both cities believe that entering into a one year agreement with PSTA for the Suncoast Beach Trolley will best serve their respective Communities. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE THAT: The Mayor is authorized to execute the attached Agreement (Attachment A) between the City of Treasure Island, the City of St. Pete Beach and the Pinellas Suncoast Transit Authority for operation of the Suncoast Beach Trolley for the period October 1, 2015 through September 30, 2016 at the terms and conditions contained in the Agreement. The foregoing Resolution was offered during the Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the th day of, 2015 by who moved its adoption, was seconded by Commissioner, and upon roll call the vote was: ATTEST: YEAS: NAYS: ABSENT OR ABSTAINING: Tiffany Makras, City Clerk Res 15-71, PSTA Agreement FY Robert Minning, Mayor 1 Attachment: Res 15-71, PSTA Agreement FY (Res : Res 15-71, FY PSTA Agreement for Beach Trolley Service) Packet Pg. 73

74 H.6.c Attachment A 2 Attachment: Res 15-71, PSTA Agreement FY (Res : Res 15-71, FY PSTA Agreement for Beach Trolley Service) Packet Pg. 74

75 H.6.d AGREEMENT THIS AGREEMENT made and entered into this of 2015, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district of the State of Florida (hereinafter referred to as PSTA ), the CITY OF ST. PETE BEACH (SPB) and the CITY OF TREASURE ISLAND (TI), both of the latter being incorporated municipalities located in Pinellas County, Florida (hereinafter collectively referred to as CITIES ). WHEREAS, it is the CITIES plan to provide trolley bus service to promote and improve public transportation for the benefit of residents, visitors, and employees in said CITIES; and WHEREAS, PSTA has offered to continue providing such service to the CITIES; and WHEREAS, by this Agreement the parties desire to agree upon the terms and conditions for providing this transportation service. NOW, THEREFORE, in consideration of the covenants, conditions, and mutual obligations contained herein, the parties agree as follows: DEFINITIONS Passenger who boards the trolley means any person boarding a trolley within the city of SPB or TI, whether the passenger pays a fare at the time of boarding or not, except children under the age of five (5) years. 1. Service, Schedule, Routes, and Equipment. PSTA will provide trolley bus service to the CITIES in accordance with the schedules and routes as show in Exhibit 1, which is the service provided by the Suncoast Beach Trolley and the Central Avenue Trolley (the Fixed Route Services ). PSTA shall provide the Fixed Route Services only with a trolley bus. A different vehicle may be substituted (Substituted Vehicle) for a trolley bus, if suitable for public transportation, only because of a mechanical breakdown of a trolley bus and only when there is no backup trolley bus available for service of the route and schedule. In the event the conditions for vehicle substitution occur, in no event shall the Substituted Vehicle remain in service for more than five (5) consecutive days without prior notification to the CITIES. PSTA Attachment: Res 15-71, PSTA Agreement FY Attachment A corrected (Res : Res 15-71, FY PSTA Agreement for Packet Pg. 75

76 H.6.d shall have the authority to utilize a subcontractor to provide all or part of the service, and in that instance, PSTA shall have the sole and exclusive authority to select the subcontractor. The trolley buses utilized for this system shall be maintained in a clean and operable fashion. 2. CITIES Cost of PSTA Trolley Service. The CITIES shall pay PSTA annual amounts as set forth in Exhibit 2 and allocated between the CITIES in the following manner: a. Fixed Route - For the portion of the cost related to Fixed Route Services provided to the CITIES, the CITY OF ST. PETE BEACH shall pay two-thirds (2/3rds) of the total cost and the CITY OF TREASURE ISLAND shall pay one-third (1/3 rd ) of the total cost. b. DART Paratransit For the portion of the cost related to DART paratransit services, the apportionment shall be based on the actual allocation of contracted DART expenses within each of the CITIES during the first three quarters of the previous fiscal year. (October through June). PSTA will provide the CITIES an accounting of this DART cost allocation by July 30th each year to establish the apportionment of DART costs as shown in Exhibit Billing and Payments. PSTA shall invoice the CITIES separately on the 1 st day of each month, for the current month, for their respective funding contributions as shown in Exhibit 2. Payment shall be made to PSTA immediately upon receipt of an invoice, but in no case more than thirty (30) days from the date of the invoice. 4. Compliance With Law. PSTA, while in the performance of its duties under this Agreement, shall comply with all federal, state, and local laws applicable to service provided under this Agreement. 5. Amendments to Exhibits. The schedules and routes illustrated on Exhibit 1 are the approved schedules and routes under this Agreement. Any change to the schedules or routes of Exhibit 1, as they affect the CITIES, shall require the written consent of the parties and shall become an addendum to this Agreement. 6. PSTA Regulations. All applicable regulations, rules, and laws governing the riders of PSTA s service, including but not limited to PSTA s rules regarding the use of transfers or passes, 2 Attachment: Res 15-71, PSTA Agreement FY Attachment A corrected (Res : Res 15-71, FY PSTA Agreement for Packet Pg. 76

77 H.6.d shall be complied with by all riders of the trolley service and shall and may be enforced by PSTA in its sole discretion. 7. Uniform Fare Structure. The fare structure for the trolley service to be provided under this Agreement shall be the same as the fare structure established by PSTA for the other portion of the beach trolley service. PSTA s fare structure in existence as of the start of this Agreement is shown in Exhibit 2 and is subject to revision as deemed appropriate by PSTA, at PSTA s sole discretion. 8. Effective Date. The effective date of this Agreement shall be October 1, 2015 and shall continue for a period of one (1) year. 9. Termination Without Cause. This Agreement may be terminated earlier by the parties without cause by providing the other parties with six (6) months prior written notice of termination. 10. Hold Harmless. The parties agree, to the extend allowed by law, to hold the other harmless for the negligent acts or omissions of their employees and officer, and for any violations of federal or state law or regulation, including but not limited to 42 U.S.C., 1983, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans With Disabilities Act, and Chapter 760, Florida Statutes. Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the CITIES or PSTA may be entitled to under the doctrine of sovereign immunity or , Florida Statues. The obligations contained in this paragraph shall survive termination of this Agreement. The obligation of the CITIES and PSTA to indemnify, defend, and hold harmless the others under this Agreement is limited to the same extend that the CITIES or PSTA would otherwise be obligated directly to third persons under existing law or to the extend provided under , Florida Statues. 11. Notices. All notices, requests, demands, deliveries, and other communications which are required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, when sent by Telex, telegram, or facsimile, or when mailed, registered or certified first class, postage pre-paid, to the persons and addresses set forth below: 3 Attachment: Res 15-71, PSTA Agreement FY Attachment A corrected (Res : Res 15-71, FY PSTA Agreement for Packet Pg. 77

78 H.6.d City Manager Chief Executive Officer City of St. Pete Beach Pinellas Suncoast Transit Authority 155 Corey Avenue 3201 Scherer Drive St. Pete Beach, FL St. Petersburg, FL City Manager Alan S. Zimmet, PSTA General Counsel City of Treasure Island Bryant Miller Olive, P.A th Avenue One Tampa City Center, Suite 2700 Treasure Island, FL Tampa, FL Any of the parties may change the persons and addresses to which notices or other communications are to be sent to it by giving written notice of any such change in the manner provided herein for giving notice. 12. Entire Agreement. This Agreement, together with the Exhibits hereto, supersedes any and all prior negotiations, oral agreements, and representations made relating to the subject matter of this Agreement and, except for any written agreement, if any, executed and delivered simultaneously with or subsequent to the date of this Agreement, constitutes the entire Agreement of the parties relating to the subject matter hereof. This Agreement may not be altered or amended except by a writing signed by the parties. No waiver of the terms or conditions of this Agreement shall be effective unless in writing and executed by the party to be charged therewith. The waiver of any condition or of the breach of any term, covenant, representation, warranty, or other provision hereof shall not be deemed nor construed as a further or continuing waiver of any condition or breach or a waiver of any condition or breach or a waiver of any condition or of any breach of any other term, covenant, representation, warranty, or other provision contained in this Agreement. 13. Assignment. This Agreement shall be binding upon, and shall inure to the benefit of the parties. This Agreement may not be assigned by a party without the written consent of the other parties. 14. Third Party Rights. This Agreement shall create no rights or claims whatsoever in any person other than parties to the Agreement. 15. Severance. If any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. 4 Attachment: Res 15-71, PSTA Agreement FY Attachment A corrected (Res : Res 15-71, FY PSTA Agreement for Packet Pg. 78

79 H.6.d Executed this day of, 2015 Pinellas Suncoast Transit Authority Brad Miller, Chief Executive Officer Approved as to Form: Alan S. Zimmet, General Counsel Executed this day of, 2015 City of Treasure Island Robert Minning, Mayor Approved as to Form: City Attorney Executed this day of, 2015 City of St. Pete Beach Maria Lowe, Mayor Approved as to Form: City Attorney Res 15-71, PSTA Agreement FY Attachment A Corrected Attest Attest City Clerk Attest City Clerk Attachment: Res 15-71, PSTA Agreement FY Attachment A corrected (Res : Res 15-71, FY PSTA Agreement for Packet Pg. 79

80 H.6.d EXHIBIT 1 6 Attachment: Res 15-71, PSTA Agreement FY Attachment A corrected (Res : Res 15-71, FY PSTA Agreement for Packet Pg. 80

81 H.6.d Attachment: Res 15-71, PSTA Agreement FY Attachment A corrected (Res : Res 15-71, FY PSTA Agreement for Packet Pg. 81

82 H.6.d EXHIBIT 2 Attachment: Res 15-71, PSTA Agreement FY Attachment A corrected (Res : Res 15-71, FY PSTA Agreement for Packet Pg. 82

83 H.7.a DATE: August 11, 2015 TO: FROM: SUBJECT: CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM August 18, 2015 Item No. H-7 Mayor and Commissioners Reid Silverboard, City Manager Ord 15-11, 2016 Election Dates and Qualifying Periods 1 st Reading The 2016 Presidential Preference Primary date has been set for Tuesday, March 15, The City is required by the Supervisor of Elections office to change its municipal election date to that date. The date change is done by ordinance. Due to the date change of the election, the qualifying date has been changed as well. Rather than doing a new ordinance every time that the qualifying date changes, staff recommends setting the candidate qualifying period to begin 17 business days prior to the ballot language deadline, and end 10 business days later. This would leave enough time for a two week qualifying period, signature verifications for last day submissions, and preparation of ballot language. This will accommodate any election date that is set for 2016 and would not have to be changed for future elections. Ord 15-11, 2016 Election Dates and Qualifying Periods cover memo 1 st Reading Attachment: Ord 15-11, 2016 Election Dates and Qualifying Periods cover memo 1st Reading (Ord : Ord 15-11, 2016 Election Page 1 Packet Pg. 83