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

Transcription

1 MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular Commission Meeting was held on Tuesday, June 10, 2014, in the City Commission Chambers, 1507 Bay Palm Boulevard, Indian Rocks Beach, Florida. Mayor-Commissioner Johnson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance and a moment of silence. PRESENT: Mayor-Commissioner R.B. Johnson Vice Mayor-Commissioner James A. Labadie Commissioner Terry Hamilton-Wollin Commissioner Phil Hanna Commissioner Joanne Cookie Kennedy City Manager Brently Gregg Mims, ICMA-CM City Clerk Deanne Bulino O Reilly, MMC Public Services Director Dean A. Scharmen Assistant Public Services Director Calvin Warren Planning and Zoning Director Danny E. Taylor 8:50 p.m.) (To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order.) 1A. REPORTS OF the Pinellas County Sheriff s Office. Community Policing Deputy Noel Dunham reviewed the May 2014 Crime Analysis Report, and addressed the City Commission questions and/or concerns. Community Policing Deputy Dunham reported on the parking issues at the 21 st Avenue Beach Access and the Beach Trail location. He explained that he spoke with the resident and made some suggestions that might help, including No Parking signs and the barrier and roping with poles, which should be effective in preventing some unauthorized parking in the area. Community Policing Deputy Dunham advised he is involved with the Metropolitan Planning Organization (MPO) Bicycle /Pedestrian Committee, and at their last meeting, they discussed the implementation of five crosswalks between Sand Key and Walsingham Road. Page 1 of 34

2 Community Policing Deputy Dunham stated he is also on the Pinellas Trail Safety Task Force, which primarily deals with the Pinellas Trail and bicycle safety as well. Community Policing Deputy Dunham stated recently, in an off-duty capacity, in Redington Beach, he monitored some of the crosswalk activity. He explained a focus of the County recently is pedestrian use and non-use, and noted there is a $62.50 violation to pedestrians for not using a crosswalk considered adjacent or nearby. Also, he was monitoring the vehicles that failed to stop. He pointed out that a pedestrian crossing at a crosswalk must show that they are entering the crosswalk by moving one foot forward and not just standing waiting for traffic to stop. Vice Mayor Labadie noted that over Memorial Day, there was a noticeable difference in the noise from motorcycles, it was less, and he expressed appreciation for the effort the Sheriff s Office is putting toward that issue. 2. PUBLIC COMMENTS. th Phil Wrobel, Avenue, complimented the City Manager on his job performance, of taking over and actually running the City. He noted that due to the City Manager s performance, City Commission Meetings have been cut down to one a month, and asked if the City Commission had considered taking a pay cut and adding that to the City budget since they are doing half the work for the money. Mr. Wrobel referred to the right-of-way agreement with Taylor-Morrison, (The Cove at Indian Rocks Beach, 601 Gulf Boulevard), and suggested Taylor- Morrison be made responsible for the 7-foot to 10-foot buffer, they gave the th City, off of 7 Street that is now the responsibility of the City. Mr. Wrobel stated he sees nothing happening at the Gulf Boulevard and Walsingham Road Intersection, and hopes that situation is being reconsidered instead of making it a four lane crosswalk because over the weekend, there was a backup of traffic all three ways. 3. ORGANIZATIONAL REMARKS. None. 4A. REPORTS OF THE CITY ATTORNEY. None. 4B. REPORTS OF THE CITY MANAGER. City Manager Mims advised he asked Public Services Director Scharmen to provide an update on the following items: Page 2 of 34

3 NARROWS BUSINESS DISTRICT TRIANGLE SIDEWALK PROJECT: Public Services Director Scharmen reported on the intent to put the Narrows Business District Sidewalk Project out to bid on July 16, 2014, with sealed bids being opened on August 18, The submitted bids will be brought back to the City Commission for consideration on September 9, 2014, and then a Notice to Proceed will be issued on September 22, The contract time for the project will be 150 days with an anticipated completion in February The st nd project encompasses all sidewalks from Walsingham Road, 1 Street, 2 Street, and all the way to JD s Restaurant, 125 Gulf Boulevard. WALSINGHAM ROAD/GULF BOULEVARD SIGNATURE INTERSECTION PROJECT: Public Services Director Scharmen reported that plans were submitted to the Florida Department of Transportation (FDOT) on May 12, 2014, and comments were received on the 60% plans on June 6. The City is proceeding forward with the 100% plans to FDOT to be completed on August 26, The intent is to put the bid out in mid-september, with sealed bids being opened in the middle of October The acceptance and award of the bid is tentatively scheduled for City Commission consideration in November The $100,000 funding secured from FDOT will be available November 7, 2014, a Notice to Proceed is anticipated on December 12, 2014; the contract is for 180 days with the anticipated completion date with FDOT of July GULF BOULEVARD MILLING/REPAVING: Public Services Director Scharmen noted it was reported Pinellas County would begin the repaving project on the first Monday after Easter; however, that did not happen. The last information received from Pinellas County is that the project will start the Monday after July 4, The intent is to mill the entire width of Gulf Boulevard from th th Walsingham Road to 28 Avenue, and then wedge mill from 28 Avenue to the Sand Key Bridge and then come back and pave the entire roadway all at once. There will be multiple weeks with the roadway having the rumbling effect; however, it is in the best interest for construction time frames to do it in that manner. Actual time frames when received will be provided either in or on the City s website. City Manager Mims stated the Narrows Business District Triangle Sidewalk Project started out primarily as a sidewalk/handicap ramp improvement; however, it will include the resurfacing of all the streets in the Narrows Business District Triangle. In reference to the Gulf Boulevard repaving, he emphasized to the pubic that it is the County right-of-way and their contractor. REQUEST FOR PROPOSALS: LEGAL SERVICES: City Manager Mims reported that Requests for Proposal: Legal Services were opened on June 6, Five proposals were received and copies were delivered to the City Commission. His suggestion is to schedule a public meeting for review of the proposals the week Page 3 of 34

4 of the June 23, He advised the City Commission may proceed however they wish, including inviting all five firms for a brief review or narrow that to two or three. He explained the next Regular City Commission Meeting is on July 8, He stated, with a work session on June 23, 2014, the City Commission could vote on a selection during the July 8, 2014 Regular City Commission Meeting, which would provide time to negotiate a contract prior to the first of August. CONSENSUS TO SCHEDULE A CITY COMMISSION WORK SESSION ON MONDAY, JUNE 23, 2014, AT 4:00 P.M., INVITING A REPRESENTATIVE FROM EACH OF THE FIVE FIRMS TO PROVIDE A 5 TO 10 MINUTE PRESENTATION TO THE CITY COMMISSION. BUDGET: City Manager Mims advised the Proposed Budget will be delivered to the City Commission on Friday, June 13, FINANCE & BUDGET REVIEW COMMITTEE: City Manager Mims advised staff will meet with the Finance & Budget Review Committee on July 9, 2014, to review the Proposed Budget. CITY COMMISSION BUDGET WORK SESSION GENERAL FUND: City Manager Mims announced the City Commission Budget Work Session on Thursday, July 17, 2014, from 4:00 p.m. to 6:00 p.m., to review the General Fund Budget. CITY COMMISSION BUDGET WORK SESSION SEWER/SOLID WASTE ENTERPRISE FUNDS: City Manager Mims announced the City Commission Budget Work Session on Thursday, July 24, 2014, from 4:00 p.m. to 6:00 p.m., to review the Sewer and Solid Waste Enterprise Funds. HOLIDAY INN HARBOURSIDE CONSTRUCTION: City Manager Mims explained staff is questioned daily about the construction at the Holiday Inn nd Harbourside, Street, and advised Holiday Inn has indicated they are going to attempt to open the water park feature around July 4, Also, within the next 30 days, they are expected to begin the hotel feature that will be adjacent to the water park, which will involve a lot of construction activity. 4C. REPORTS OF THE CITY COMMISSION. VICE MAYOR LABADIE: Referred to his earlier comment and appreciation of the reduction of the motorcycle noise, which was a noticeable difference and Memorial Day went well. COMMISSIONER MAYOR KENNEDY: Page 4 of 34

5 Announced the retirement of Fire Chief Robert Polk, of the Pinellas Suncoast Fire and Rescue District, effective July 4, Commented regarding addressing citizen comments during the meetings, and noted during the budget process, the City Commission has two to four meetings a month; and when there is one meeting a month, that does not mean the City Commission is not doing the work they are asked to do in serving on the City Commission. COMMISSIONER HAMILTON-WOLLIN: Announced the Flag Retirement Ceremony on Friday, June 13, 2014, at noon at Chic-a-Si Park with a chicken dinner following the ceremony. MAYOR JOHNSON: Announced Coffee with a Cop at Crabby Bill s on Tuesday, July 1, 2014, at 7:30 a.m. Commented regarding one meeting a month, and noted those tend to be longer meetings with all the agenda items on one meeting; therefore, he is not sure about the workload being cut down. 5. ADDITIONS/DELETIONS. City Manager Mims stated that Agenda Item 7D, Resolution No , authorizing the City Manager to work with Spodio, LLC, dba PJ s Restaurant, in regard to the size and scale of signage at the establishment located at nd Street, Indian Rocks Beach, Florida, has been removed from the agenda by staff. 6A. PROCLAMATIONS - Florida Water Professionals Month. Mayor announced that the City will be proclaiming August 2014 as Florida Water Professionals Month. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY VICE MAYOR LABADIE, TO APPROVE THE FLORIDA WATER PROFESSIONALS MONTH PROCLAMATION. UNANIMOUS APPROVAL BY ACCLAMATION. 7. CONSENT AGENDA: A. RESOLUTION NO Authorizing the City Manager to execute a State of Florida, Department of Transportation Traffic Signal Maintenance and Compensation Agreement for the maintenance activities of the traffic signal located at Walsingham Road and Gulf Boulevard. Page 5 of 34

6 B. RESOLUTION NO Supporting and accepting the Indian Rocks Beach Action 2000, Incorporated Pedestrian Median Lighting Upgrades and City Hall Outdoor Seating Project donations; and authorizing the City Manager to facilitate the activities associated with this project. C. RESOLUTION NO Considering the request of the Homeowners Association of Indian Rocks Beach for the City to co-sponsor the Homeowners Association of Indian Rocks Beach Eighth Annual A Taste of IRB to be held on Saturday, November 8, 2014, from 4:00 p.m. to 10:00 p.m., in Chic-a-Si Park; providing for the waiver of portions of Code Section 6-4; by allowing the sale and consumption of beer and wine in designated areas and during designated times; by allowing for amplified music in accordance with the conditions of a temporary use permit. D. REMOVED FROM THE AGENDA. RESOLUTION NO Authorizing the City Manager to work with Spodio, LLC, dba PJ s Restaurant, in regards to the size and scale of signage nd at the establishment located at Street, Indian Rocks Beach, Florida. E. RESOLUTION NO Accepting the Homeowners Association of Indian Rocks Beach donations of the Skate Park Implement Rehabilitation Project and the Keegan Clair Park Electrical Drop Project; and authorizing the City Manager to facilitate the activities associated with the project. City Clerk O Reilly read the Consent Agenda, consisting of Agenda Item Nos. 7A, 7B, 7C, and 7E, by title only. City Clerk O Reilly noted for the minutes that Agenda Item No. 7D was removed from the agenda by staff. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER HAMILTON-WOLLIN, TO APPROVE THE CONSENT AGENDA, CONSISTING OF AGENDA ITEM NOS. 7A, 7B, 7C, AND 7E. UNANIMOUS APPROVAL BY ACCLAMATION. 8A. ORDINANCE NO SECOND AND FINAL READING. Amending Chapter 2, Administration; Article III, Boards, Committees and Commissions; Division 4, Board of Adjustments and Appeals; Section 2-142, Appointment and term of members; quorum; providing for the elimination of term of office. [Official Publication Date: May 30, 2014.] Page 6 of 34

7 BACKGROUND: The City Code stipulates that Board of Adjustments and Appeals Members may be reappointed for one successive term. ANALYSIS: Due to the lack of applications and to continue to provide community opportunities for involvement, staff is recommending that the term of office be eliminated for Board of Adjustments and Appeals Members. Staff is recommending that Code Section be amended as follows: Sec Appointment and term of members; quorum. (b) The term of office of members of the board shall be staggered terms of three years. Members may be reappointed for one successive term upon the concurrence of the city commission. Appointments to fill any vacancy of a member on the board shall be for the remainder of the unexpired term of office. A member who has served two consecutive, full three-year terms may reapply for a new appointment after the passage of one year. (c) Alternate members shall serve on the board in the absence of board members at a board meeting. The appointment of an alternate member shall be for a term of three years. Alternate members may be reappointed for one successive term by the city commission. An appointment to fill a vacancy of any alternate member shall be for a remainder of the unexpired term of office. A former alternate member who has reached term limits may reapply for a new appointment after the passage of one year. Pursuant to a legal notice published in the May 30, 2014-edition of the Neighborhood Times Beaches Section of the Tampa Bay Times, as evidenced by an affidavit of publication, filed with the City Clerk, a public hearing was held on Ordinance No City Clerk O Reilly read Ordinance No by title only. City Manager Mims presented the Agenda Item and noted the issue has been discussed numerous times by the City Commission. He explained the ordinance eliminates the term of office for Board of Adjustments and Appeals Members, basically giving the authority to the City Commission to appoint a member of their choice. Mayor Johnson opened the public hearing. th Bert Valery, Avenue, requested an expanded explanation of the ordinance. Page 7 of 34

8 City Clerk O Reilly explained the ordinance only refers to the Board of Adjustments and Appeals term limits, which is currently the only board that provides for term limits throughout the City Code. Ordinance No eliminates the term limits for the Board of Adjustments and Appeals Members. Seeing and/or hearing no one else wishing to speak, Mayor Johnson closed the public hearing. MOTION MADE BY VICE MAYOR LABADIE, SECONDED BY COMMISSIONER HAMILTON-WOLLIN, TO APPROVE ORDINANCE NO , SECOND AND FINAL READING, AMENDING CHAPTER 2, ADMINISTRATION; ARTICLE III, BOARDS, COMMITTEES AND COMMISSIONS; DIVISION 4, BOARD OF ADJUSTMENTS AND APPEALS; SECTION 2-142, APPOINTMENT AND TERM OF MEMBERS; QUORUM; PROVIDING FOR THE ELIMINATION OF TERM OF OFFICE. ROLL CALL VOTE: LABADIE YES KENNEDY YES HANNA YES HAMILTON-WOLLIN YES JOHNSON YES MOTION CARRIED UNANIMOUSLY. 8B. RESOLUTION NO /BOA CASE NO QUASI JUDICIAL HEARING. A variance request from Code Section 94-86(b)(1), Multi-use and commercial docks, to allow an increase of one additional dock and one additional slip for Water s Edge at the Narrows, located at 36 Gulf Boulevard, Indian Rocks Beach, Florida. [Official Publication Date: May 30, 2014.] SUBJECT: Resolution No / BOA Case No A variance request to allow an increase of one additional dock and one additional slip for Waters Edge at the Narrows Condominium, located at 36 Gulf Boulevard, Indian Rocks Beach, Florida. BOARD OF ADJUSTMENTS AND APPEALS RECOMMENDATION: Unanimous Approval. BACKGROUND: In October 2008, the owners of this condominium submitted a similar request for this property. At that time, variations in these particular provisions of the dock code were reviewed as special exceptions. Page 8 of 34

9 The City Code has since been amended eliminating the special exception review along with the requirement for locating docks in the center one-third of waterfront for single-family properties. The applicants indicate that, since 2008, they have been pursuing other permits related to the special exception, that was approved on November 13, 2008, but they have not been able to work their way through the other agency requirements before their Indian Rocks Beach special exception expired on November 14, ANALYSIS: The condominiums are located on the west side of Gulf Boulevard. The docks would be located on the east side of Gulf Boulevard. The condominium association owns land on both sides of Gulf Boulevard. Intracoastal Waterway riparian rights are depicted on the submitted survey where the docks would be located. The number of docks permitted, per Section 94-86(b)(1), is one dock per 50 feet of waterfront. The survey depicts the length of waterfront at this location as feet. This would allow for 2 docks and 4 boat slips; this request is for 3 docks and 5 boat slips. There are five condo units at this condominium. If approved, this variance would allow each condo to have one boat slip. APPLICANT: REPRESENTATIVE: LOCATION: ZONING: Waterfront Length: Current Use: Waters Edge at the Narrows Condominium Association Christophir A. Kerr, Esq. 36 Gulf Boulevard CT (Commercial Tourist) SITE INFORMATION linear feet of shoreline between riparian lines. 5 Condos Surrounding Uses, Land Use and Zoning: DirectionExisting Use Zoning Category Future Land Use Category CT Commercial North Condominium Resort Facilities High Tourist East South West Intracoastal Waterway Condominium Gulf of Mexico CT Commercial Tourist APPLICABLE CODE SECTIONS Resort Facilities High Sec Number and location; width; permitted structures. Page 9 of 34

10 (b) Multi-use dock and commercial dock: (1) Multi-use multi-family or commercial docks shall be permitted one dock and two slips with two lifts per 50 feet of waterfront. The number of slips cannot exceed the number of constructed units. Size of each dock facility shall be a maximum envelope of 50 feet in length and 35 feet in width. In all cases the slips, boats, boat lifts, docks, catwalks, lower landings, platforms, tie-poles and personal watercraft lifts shall be 12 feet from the side property line as extended into the water. Sec REVIEW CRITERIA Variances. (a) subpart B. Generally; criteria for granting variances from the terms of (1) The board of adjustments and appeals shall make recommendations on and the city commission shall decide variance applications will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of subpart B will result in unnecessary and undue hardship. In order to recommend or decide any variance from the terms of subpart B, the board or the city commission shall consider each of the following. a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The five condominiums front on the Gulf of Mexico. They are separated from the Intracoastal Waterway by Gulf Boulevard where the docks would be located. b. The special conditions and circumstances do not result from the actions of the applicant. The applicant did not create any special conditions or circumstances, nor do any appear to be present. c. Granting the variance will not confer on the applicant any special privilege that is denied by subpart B to other lands, structures or buildings in the same zoning district. Granting the variance will allow each condo unit to have a boat slip, a privilege enjoyed by many other property owners in Indian Rocks Beach. d. Literal interpretation of the provisions of subpart B would deprive other properties in the same zoning district under the terms of subpart B and would work unnecessary and undue hardship upon the applicant. The literal interpretation of the Page 10 of 34

11 provisions of Subpart B would prevent one condo owner from having a boat slip. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure or building. This is the minimum variance to allow the owner to construct the addition as desired. f. The granting of the variance will be in harmony with the general intent and purpose of subpart B, and such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will allow one boat slip for each condo unit. PUBLIC NOTICE REQUIREMENT: A notice was mailed by first class mail to the property owners within one hundred and fifty feet in any direction of the subject property on May 5, 2014, and was posted on the subject property on May 5, PUBLIC CORRESPONDENCE: None received. Pursuant to a legal notice published in the May 30, 2014-edition of the Neighborhood Times Beaches Section of the Tampa Bay Times, as evidenced by an affidavit of publication, filed with the City Clerk, a public hearing was held on Resolution No City Clerk O Reilly read Resolution No by title only. Mayor Johnson inquired if any City Commission Member needed to disclose any ex-parte communications regarding this application; to which all City Commission Members stated, for the record, they had nothing to report, but all are familiar with the property. Mayor Johnson opened the public hearing. Upon the request of Mayor Johnson, all persons planning to give testimony during the public hearing were duly sworn in by the City Clerk. Planning and Zoning Director Taylor presented the Agenda Item and made a PowerPoint presentation, depicting photographs of the property, an aerial view, a map of the area, and a survey of the area showing the configuration of the docks. He explained the applicants are requesting an increase from two docks and four slips to three docks and five boat slips because it is related to a condominium complex that has five condominiums; therefore, the goal is to have one boat slip for each condo. Page 11 of 34

12 Planning and Zoning Director Taylor advised this application, in a slightly different form, was before the City Commission several years ago when docks were being reviewed as special exceptions. He explained since that time, the City has amended the City Code and lightened the requirements for docks, but changed the procedure to a variance request. The application was unanimously recommended for approval by the Board of Adjustments and Appeals (BOA). Chris Kerr, 36 Gulf Boulevard, the representative for Waters Edge at the Narrows Condominium Association, presented the variance request. He explained this was approved as a special exception in November 2008 originally, and at the time, they had no idea what they were facing with the Florida Department of Environmental Protection (FDEP), the Army Corps of Engineers, and all the other entities in the approval process. He stated they have been working on it this entire time with the special exception expiring during the time they were applying for approval from the other entities. He advised they finally now have a permit from the Army Corps of Engineers and recently received final approval from FDEP, received the permit and signed a submerged land lease with the Florida Department of Transportation for the little strip of grass between the seawall and Gulf Boulevard. The County permit has expired since the BOA gave approval; however, he has had the contractor come back with a new and higher bid, and the contractor has indicated they would try to get the permit with the County reactivated. Vice Mayor Labadie asked what is the closest crosswalk to the subject property. Public Services Director Scharmen advised the crosswalk to the north is at 50 Gulf Boulevard, and the one to the south is at 2 Gulf Boulevard, so 50 Gulf Boulevard would be the closest. Seeing and/or hearing no one else wishing to speak, Mayor Johnson closed the public hearing. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER HANNA, TO APPROVE RESOLUTION NO , GRANTING A VARIANCE REQUEST FROM CODE SECTION 94-86(B)(1), MULTI-USE AND COMMERCIAL DOCKS, TO ALLOW AN INCREASE OF ONE ADDITIONAL DOCK AND ONE ADDITIONAL SLIP FOR WATER S EDGE AT THE NARROWS, LOCATED AT 36 GULF BOULEVARD, INDIAN ROCKS BEACH, FLORIDA. ROLL CALL VOTE: LABADIE YES KENNEDY YES HANNA YES HAMILTON-WOLLIN YES JOHNSON YES Page 12 of 34

13 MOTION CARRIED UNANIMOUSLY. 9A. RESOLUTION NO Appointing residents of the City to serve on the Board of Adjustments and Appeals to fill vacancies created by the resignation of Regular Board Member Trudy C. Troiano, and expiration of term of Regular Board Member st Waldemar H. Clark, Jr., 1 Alternate Board Member Valerie nd Murray, and 2 Alternate Board Member Harold W. Goslee. BACKGROUND: Currently, there exists four vacancies on the Board of Adjustments and Appeals due to the resignation of Trudy C. Troiano and expiration of term st (June 30, 2014) of Regular Board Member Waldemar H. Clark, Jr., 1 Alternate nd Board Member Valerie Murray, and 2 Alternate Board Member Harold W. Goslee. The current members of the Board of Adjustments and Appeals are: Waldemar Clark, Chair Rick Alvarez, Board Member Jo Nocera, Board Member Wayne Lipe, Board Member VACANT, Board Member st Valerie Murray, 1 Alternate Board Member nd Harold W. Goslee, 2 Alternate Board Member Charter Section Board of Adjustment. The City Commission shall by ordinance establish a Board of Adjustment. Said Board of Adjustment shall consist of five (5) members and two (2) alternate members who shall have no other City office or City employment. Said ordinance creating the Board of Adjustment shall clearly set forth the scope of authority of the Board of Adjustment and shall establish its authority to act and render decisions on request for variances and special exceptions from established zoning and building regulations and appeals to administrative decisions, and any other authority deemed appropriate by the City Commission. Code Section Established; Membership. (a) A Board of Adjustments and Appeals is established as provided in Section 13.5 of the Charter. The Board shall consist of five residents who shall be appointed by the City commission. In addition to the five regular members, the City Commission shall appoint two additional members to serve as alternate members of the Board. The alternate members may be called upon to establish a quorum and during such participation shall have all the rights and responsibilities of a regular member. Page 13 of 34

14 (b) The membership of the Board of Adjustments and Appeals should, whenever possible, include an engineer, a real estate broker, a businessman, and an architect. Code Section Appointment and Term of Members; Quorum. (a) Appointments to the Board of Adjustments and Appeals shall be made by the City Commission, and appointments of the majority of the membership should be made on the basis of experience or interest in the fields of zoning, building, development control and administrative decisions. (b) The term of office of members of the Board shall be staggered terms of three years. Appointments to fill any vacancy of a member on the Board shall be for the remainder of the unexpired term of office. (c) Alternate members shall serve on the board in the absence of Board Members at a Board Meeting. The initial appointment of an alternate member shall be for a term of two years. Thereafter, appointments of the alternate members shall be for a term of three years. An appointment to fill a vacancy of any alternate member shall be for a remainder of the unexpired term of office. (d) Three or more members of the Board present at any meeting shall constitute a quorum in order for the Board to conduct its business. ANALYSIS: The following Board Members have indicated an interest in being considered for reappointment: Waldemar H. Clark, Jr., Board Member st Valerie Murray, 1 Alternate Board Member nd Harold W. Goslee, 2 Alternate Board Member The following residents have submitted an application to serve on the Board of Adjustments and Appeals. APPLICANT Shelly Clark OCCUPATION Development Officer City Clerk O Reilly read Resolution No by title only. Mayor Johnson opened the Agenda Item to public comment. There was no public comment. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER HAMILTON-WOLLIN, TO APPROVE RESOLUTION NO APPOINTING WALDEMAR H. CLARK AS REGULAR MEMBER, Page 14 of 34

15 VALERY MURRAY AS REGULAR BOARD MEMBER AND HAROLD GOSLEE ST ND AS 1 ALTERNATE MEMBER AND SHELLEY CLARK AS 2 ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENTS AND APPEALS. UNANIMOUS APPROVAL BY ACCLAMATION. 10A. ORDINANCE NO FIRST READING. Amending Chapter 2, Administration; Article III, Boards, Committees and Commissions; Division 4, Board of Adjustments and Appeals; Section 2-149, Procedures for administrative appeals; special exceptions, and variances, providing for a 15-day notice requirement. BACKGROUND: Currently, the City provides a 10-day notice to all property owners within 150 feet in any direction of the property which is the subject matter of a variance, special exception, and administrative appeal application. The City of Indian Rocks Beach values the ability to provide for informed decisions with appropriate public input and comment, and to support this value, staff finds it in the best interest of the community to expand the public notification for variances, administrative appeals, and special exceptions from 10 days to 15 days to facilitate public input and to provide transparency in the decision-making process. ANALYSIS: Staff is recommending that Code Section be amended as follows: Sec Procedures for administrative appeals, special exceptions and variances. Applications for administrative appeals, variances, and special exceptions are first submitted to the board of adjustments and appeals for recommendation and then to the city commission for final decision. Application forms and support materials and information shall be filed by the applicant or his agent with the planning and zoning director, who shall post or cause to be posted on the subject property a ten-day 15-day notice of the time and place when the board and city commission will consider the subject matter of the application and notify all property owners within 150 feet in any direction of the property which is the subject matter of the application. Such notification shall be by first-class mail, stating the date, time and place of the meeting as well as a brief description of the subject matter of the application. The concurring vote of the majority of the board members present shall be necessary to recommend to reverse any order, requirement, decision, or determination of any administrative official or to recommend a decision in favor of the applicant Page 15 of 34

16 on any matter. The recommendation of the board shall be submitted to the city commission for final decision. City Clerk O Reilly read Ordinance No by title only. City Manager Mims presented the Agenda Memorandum. He explained the ordinance expands public notification for various proceedings from 10 days to 15 days. Mayor Johnson opened the agenda item to public comment. There was no public comment. MOTION MADE BY VICE MAYOR LABADIE, SECONDED BY COMMISSIONER HANNA, TO APPROVE ORDINANCE NO , ON FIRST READING, AMENDING CHAPTER 2, ADMINISTRATION; ARTICLE III, BOARDS, COMMITTEES AND COMMISSIONS; DIVISION 4, BOARD OF ADJUSTMENTS AND APPEALS; SECTION 2-149, PROCEDURES FOR ADMINISTRATIVE APPEALS; SPECIAL EXCEPTIONS, AND VARIANCES, PROVIDING FOR A 15-DAY NOTICE REQUIREMENT. ROLL CALL VOTE: LABADIE YES KENNEDY YES HANNA YES HAMILTON-WOLLIN YES JOHNSON YES MOTION CARRIED UNANIMOUSLY. 10B. ORDINANCE NO FIRST READING. Repealing Section 15-71, Other fees, in its entirety of Chapter 15, Schedule of Fees; Article II, Building Program; by adding Article IV, Leisure Services, to Chapter 15, Schedule of Fees, by adding Section 15-30, Leisure services fees; Section 15-31, Outdoor events; and Section 15-32, Pavilion rentals; by providing for a Leisure Services Fee Schedule. BACKGROUND: Currently, Leisure Services fees are housed in Chapter 15, Schedule of Fees, under Article II, Building Program, which is not the appropriate place for Leisure Services fees. ANALYSIS: Staff is recommending that a new Article IV, Leisure Services, be added to Chapter 15, Schedule of Fees, in order to provide an article specifically for Leisure Services fees. City Clerk O Reilly read Ordinance No by title only. Page 16 of 34

17 City Clerk O Reilly introduced the Agenda Item and explained the ordinance is creating a separate Article for Leisure Services Fees within the City Code. Currently, these fees are located under the Building Program, which is inappropriate for Leisure Services fees. Mayor Johnson opened the agenda item to public comment. There was no public comment. MOTION MADE BY COMMISSIONER HANNA, SECONDED BY VICE MAYOR LABADIE, TO APPROVE ORDINANCE NO , ON FIRST READING, REPEALING SECTION 15-71, OTHER FEES, IN ITS ENTIRETY OF CHAPTER 15, SCHEDULE OF FEES; ARTICLE II, BUILDING PROGRAM; BY ADDING ARTICLE IV, LEISURE SERVICES, TO CHAPTER 15, SCHEDULE OF FEES, BY ADDING SECTION 15-30, LEISURE SERVICES FEES; SECTION 15-31, OUTDOOR EVENTS; AND SECTION 15-32, PAVILION RENTALS; BY PROVIDING FOR A LEISURE SERVICES FEE SCHEDULE. ROLL CALL VOTE: LABADIE YES KENNEDY YES HANNA YES HAMILTON-WOLLIN YES JOHNSON YES MOTION CARRIED UNANIMOUSLY. 10C. ORDINANCE NO FIRST READING. Amending Chapter 15, Schedule of Fees; by adding Article V, Library; by adding Section 15-40, Library membership fees; by adding Section 15-41, Borrowing periods; fines for late return of material, audio CDs, DVDs, and Blu-ray; by adding Section 15-42, Fees for replacement of damaged or missing materials; by adding Section 15-43, Miscellaneous library fees and charges; by providing for a Library Services Fee Schedule. BACKGROUND: Currently, the City does not have a fee schedule for Library Services in its Code of Ordinances. Therefore, staff wishes to facilitate the establishment of the following Library Services Fee Schedule: Sec Library membership fees: (1) Residents FREE (a) The criteria which establish city residents for the purpose of library services are: (b) Permanent residence within the corporate limits of the city. Page 17 of 34

18 (c.) (d.) Ownership of real property within the corporate limits of the city, as evidenced by the official tax rolls maintained by Pinellas County. Persons who are employees of the city and their spouses and children who live at home. (2) Nonresidents $25.00 Sec Borrowing periods; fines for late return of material, audio CDs, DVDs, and Blue-Ray. (1) Printed materials borrowed from the library for a 14-day period shall be returned within that period. A fine of $0.10 per day to a maximum of $5.00 per item shall be charged to the library patron for the late return of materials. (2) Audio and visual materials borrowed from the library for a 7-day period and 14-day period shall be returned within that period. A fine of $.50 per day to a maximum of $5.00 per item shall be charged to the library patron for the late return of such materials. Sec Fees for replacement of damaged or missing materials. Materials borrowed from the library shall be returned in good condition, ready to be used by other patrons. (1) Materials returned in partially damaged condition, e.g., wet, food stained, chewed, broken spine/case, etc.... Cost of replacement (2) Materials that are lost Cost of replacement (3) Materials returned in such condition that they cannot be returned to circulation Cost of replacement ANALYSIS: Staff is recommending that a new Article V, Library, be added to Chapter 15, Schedule of Fees, in order to provide an article specifically for Library Services fees. City Clerk O Reilly read Ordinance No by title only. City Manager Mims introduced the Agenda Item. He explained it was learned the City Code did not address fees and charges for the Library, and this ordinance makes the fees collected official. Librarian Laurie Talerico explained she wanted to have the basic library fines and fees be official and consistent with other libraries in the area. She explained Page 18 of 34

19 the elements that are slightly different are the practice of charging nonresidents a fee of $25.00 for a library card, and those tend to be people who own property in Indian Shores, Belleair Beach, and Belleair Shores who prefer to use Indian Rocks Beach Library over the Largo Library, and also the other fees that are different would be to charge a $5.00 fee for people who do not have a library card and want to use the computers. She explained this is in line with what the Gulf Beaches libraries do. Mayor Johnson opened the agenda item to public comment. There was no public comment. MOTION MADE BY COMMISSIONER HAMILTON-WOLLIN, SECONDED BY VICE MAYOR LABADIE, TO APPROVE ORDINANCE NO , ON FIRST READING, AMENDING CHAPTER 15, SCHEDULE OF FEES; BY ADDING ARTICLE V, LIBRARY; BY ADDING SECTION 15-40, LIBRARY MEMBERSHIP FEES; BY ADDING SECTION 15-41, BORROWING PERIODS; FINES FOR LATE RETURN OF MATERIAL, AUDIO CDS, DVDS, AND BLU-RAY; BY ADDING SECTION 15-42, FEES FOR REPLACEMENT OF DAMAGED OR MISSING MATERIALS; BY ADDING SECTION 15-43, MISCELLANEOUS LIBRARY FEES AND CHARGES; BY PROVIDING FOR A LIBRARY SERVICES FEE SCHEDULE. ROLL CALL VOTE: LABADIE YES KENNEDY YES HANNA YES HAMILTON-WOLLIN YES JOHNSON YES MOTION CARRIED UNANIMOUSLY. 11A. DISCUSSION OF Charter Review Committee Proposed Charter Amendments. BACKGROUND: Earlier in the year, the City Commission appointed the members of the Charter Review Committee. The Committee held its first meeting on February 26, The Committee has reviewed the City Charter and has concluded its work. The Charter Review Committee held its last meeting on April 23, The final act of the committee was to approve the recommendation of thirteen amendments to the City of Indian Rocks Beach City Charter. The Charter Review Committee proposed charter amendments are attached to this memorandum. Page 19 of 34

20 The recommendations are submitted to the City Commission for review and consideration. The recommended amendments will be placed on the June 10, 2014, City Commission agenda for discussion. City Manager Mims presented the following Charter Amendments proposed by the Charter Review Committee: AMENDMENT NO. 1 Sec Construction. The powers of the City of Indian Rocks Beach under this Charter shall be construed liberally in favor of the city and the specific mention hereinafter of a particular in the Charter shall not be construed as limiting in any way the general powers stated in this article. The masculine shall include the feminine and the feminine shall include the masculine. CONSENSUS FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE BALLOT LANGUAGE AND ORDINANCE ASSOCIATED WITH THIS CHARTER AMENDMENT. AMENDMENT NO. 2 Sec Management evaluation. The city commission shall consider and determine the necessity of a professional management evaluation of the administrative activities at least once every five (5) years. City Manager Mims explained this action has not been done by the City at any point in time that anyone can remember. CONSENSUS FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE BALLOT LANGUAGE AND ORDINANCE ASSOCIATED WITH THIS CHARTER AMENDMENT. AMENDMENT NO. 3 Sec Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He shall be responsible to the city commission for the administration of all city affairs placed in his charge by or under this Charter. He shall have the following powers and duties: (1) He shall appoint and, when he deems it necessary for the good of the city, may suspend or remove for just cause, any city employee or appointive administrative officer provided for under this charter, except as otherwise provided by law, this Charter, contract or personnel rules pursuant to this Charter, and except in the case of Page 20 of 34

21 the chief of police. The chief of police can be hired, fired or suspended by the city manager only with the consent of the city commission. He may authorize any administrative or any Charter officer who is subject to his direction and supervision to exercise those powers with respect to subordinates in that officer's department, office or agency. City Manager Mims noted the City contracts with the Pinellas County Sheriff s Office for law enforcement services. Mayor Johnson commented he assumed if, at some time in the future, the City decided to go back to its own police department that this would have to be added back into the Charter. City Manager Mims explained it would not necessarily have to be added, it could be addressed by ordinance. CONSENSUS FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE BALLOT LANGUAGE AND ORDINANCE ASSOCIATED WITH THIS CHARTER AMENDMENT. AMENDMENT NO. 4 Sec Definitions. (a) As used in the Charter, the following terms and words shall have the following meanings unless some other meaning is plainly indicated: (4) "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material, regardless of physical form, or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency shall be defined by reference and pursuant to Florida Public Records Law. City Manager Mims explained this is just a cleanup and reflects more accurately the wording of the Florida Statutes. CONSENSUS FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE BALLOT LANGUAGE AND ORDINANCE ASSOCIATED WITH THIS CHARTER AMENDMENT. AMENDMENT NO. 5 Sec Real property interest. No real property interest held by the City of Indian Rocks Beach which provides public beach access, parks or recreational lands, or administrative and Page 21 of 34

22 support facilities for city government, shall be sold, traded, given away, vacated or alienated in any way except after referendum approval of electorate. No real property shall be purchased or leased outside of the City limits without, first obtaining approval by referendum of the electors of the city. City Manager Mims explained the logic behind this proposed amendment is twofold. One reason is in the case of a natural disaster with major damage on the island within the City, because of the way it is written, it would prohibit the City from leasing buildings outside of the City if City structures are damaged. Also, the recommendation is the result of the discussions regarding the relocation of the Solid Waste Facility located in the Narrows Business Triangle District; if there is that relocation, there is the possibility to lease land instead of buying land outside the City, which will give the City more flexibility in the future. Commissioner Hanna clarified with City Manager Mims that all these proposed Charter amendments would have to go to referendum. Mayor Johnson noted many of the proposed Charter amendments are housekeeping-type changes; however, this amendment has a real substantive effect on the ability of the City to improve a certain aspect of the City. For example, moving the Solid Waste Facility outside the City to a leased property, and unless this is removed from the Charter, it would hamper the ability to get that facility out of the current location. He noted when it comes down to the actual vote, it should be clear on the decision of whether it is a good thing for the City. CONSENSUS FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE BALLOT LANGUAGE AND ORDINANCE ASSOCIATED WITH THIS CHARTER AMENDMENT. AMENDMENT NO. 6 Sec Authorized. The city commission may create by ordinance any and all boards or commissions deemed necessary to promote the health, safety or the general welfare of the community, and appoint the boards or commissions and set forth the duties and powers thereof. However, the Charter specifically recognizes the planning board and the board of adjustment. CONSENSUS FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE BALLOT LANGUAGE AND ORDINANCE ASSOCIATED WITH THIS CHARTER AMENDMENT. AMENDMENT NO. 7 Sec City planning and zoning board. Page 22 of 34

23 There shall be a city planning and zoning board consisting of seven (7) members and two (2) alternate members appointed by the city commission for terms of two (2) years, said appointments to be made from the electors of the city. Members of the city planning and zoning board shall make recommendations to the city commission and city manager on all matters affecting the physical development of the city, shall be consulted on the comprehensive plan and the implementation thereof and shall exercise all other responsibilities as may be provided by the law or may be assigned to them by the city commission from time to time. All recommendations shall be placed on the next available commission agenda meeting subject to proper advertising. ****Once repealed from the Charter, the language will be placed in the Code of Ordinances. City Manager Mims explained the recommendation is for the Planning and Zoning Board to be provided for in the Code of Ordinances and not be in the Charter. CONSENSUS FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE BALLOT LANGUAGE AND ORDINANCE ASSOCIATED WITH THIS CHARTER AMENDMENT. AMENDMENT NO. 8 Sec Board of adjustment. The city commission shall by ordinance establish a board of adjustment. Said board of adjustment shall consist of five (5) members and two (2) alternate members who shall have no other city office or city employment. Said ordinance creating the board of adjustment shall clearly set forth the scope of authority of the board of adjustment and shall establish its authority to act and render decisions on request for variances and special exceptions from established zoning and building regulations and appeals to administrative decisions, and any other authority deemed appropriate by the city commission. ****Once repealed from the Charter, the language will be placed in the Code of Ordinances. City Manager Mims explained the recommendation is for the Board of Adjustment to be provided for in the Code of Ordinances and not be in the Charter. CONSENSUS FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE BALLOT LANGUAGE AND ORDINANCE ASSOCIATED WITH THIS CHARTER AMENDMENT. AMENDMENT NO. 9 Page 23 of 34

24 ARTICLE XIV, INITIATIVE, REFERENDUM, AND RECALL Sec General authority. (a) Initiative. The electors of the city shall have the power to propose ordinances to the city commission and if the city commission fails to adopt an ordinance so proposed without any change in substance, the electors of the city shall have the power to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, or salaries of city officers or employees. (b) Referendum. The electors of the city shall have the power to require reconsideration by the city commission of any adopted ordinance and, if the city commission fails to repeal an ordinance so reconsidered, the electors of the city shall have the power to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinances relating to appropriation of money or levy of taxes. (c) Recall. Any member of the city commission may be removed from office by the electors of the city in accordance with the recall procedures provided for under state law. Sec Initiative and referendum; commencement of proceedings, committee, affidavit. Any five (5) electors may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and sending out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Filing shall consist of delivery of said petition to the city clerk, or in his absence, to any employee of the office of the city clerk, during normal working hours, and the date and time of filing shall be noted thereon. (a) Number of signatures. Initiative and referendum petitions must be signed by the electors of the city equal in number to at least fifteen (15) percent of the total number of electors registered to vote in the last regular election of the city. (b) Form and content. All papers of the petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto Page 24 of 34