MINUTES CITY OF BRADENTON BEACH COMMISSION MEETING THURSDAY, FEBRUARY 20, 1:00PM KATIE PIEROLA COMMISSION CHAMBERS

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1 CALL TO ORDER PLEDGE TO THE FLAG ROLL CALL MINUTES CITY OF BRADENTON BEACH COMMISSION MEETING THURSDAY, FEBRUARY 20, 1:00PM KATIE PIEROLA COMMISSION CHAMBERS PRESENT: Mayor William Bill Shearon; Vice Mayor Janie Robertson; Commissioner Ed Straight; Commissioner Jack Clarke; Commissioner Jan Vosburgh ALSO PRESENT: Jamie Anderson, City Clerk; Ricinda Perry, City Attorney; Tom Woodard, Public Works Director; Sheila Dalton, City Treasurer; Steve Gilbert, Building Official PRESS: The Islander, The Sun PUBLIC COMMENTS OPENED: Bill Herlihy and Jacob Spooner: Bridge Street Merchants would like to hold an event on March 29 th. They would like to include a street closure. BSMA has had great events, but haven t generated much revenue. They would like to build up their coffers so they can continue to work on re-landscaping the circle and put money towards Christmas on Bridge Street. The plan is to have five different bands and the Budweiser trailer with a soundstage. They have been in contact with the Chief regarding parking issues. They are securing additional trolleys and shuttles. They are planning to pre-sell tickets to the BBQ competition and include parking info on the tickets. Staff will receive Safe Serve training and certification to ensure there isn t any over service or underage service. There will be plenty of staff and adequate police coverage. There will only be two outdoor booths serving alcohol, a Budweiser booth and a Southern Wine and Spirits with all proceeds going to the BSMA. Discussion ensued regarding parking, consensus from the effected businesses, input from the Chief, and obstructing private parking lots. It was suggested that they only close down to the east roundabout as to not impact the Pier or Bridge Tender. CONSENSUS TO GIVE THE MERCHANTS ASSOCIATION THE CONSIDERATION TO CLOSE OFF BRIDGE STREET WITH FINAL DETAILS PRESENTED AT THE NEXT COMMISSION MEETING. Doreen Flynn: Spoke in support of the event. Previously we closed Bridge Street for events. We ve never really had any problems with alcohol. PUBLIC COMMENTS CLOSED. ORDER OF BUSINESS: 1. PRESENTATIONS: a. Presentation of City Clerk Janet Jamie Anderson and City Treasurer Sheila Dalton Mayor Shearon formally introduced and welcomed Jamie Anderson and Sheila Dalton. 1 Bradenton Beach City Commission Meeting February 20, PM TJ

2 b. Recognition of Sandy Haas Martens and Stacey Johnston Mayor Shearon thanked Sandy and Stacey for their assistance in the screening and interviewing process for the City Clerk and City Treasurer positions. Certificates of Appreciation were presented along with small gifts of appreciation. c. Library AED Lt. Cosby: The library AED is no longer functional. It is an obsolete unit. Grants are available for 50% matching funds. It will cost approximately $750 out of pocket from the City. Discussion continued regarding certification and training and the impact AEDs have on our liability insurance. CONSENSUS TO APPROVE LT. COSBY APPLYING FOR GRANTS TO FUND REPLACEMENT OF THE LIBRARY AED. 2. Approval of Minutes: a. City Commission Meeting Minutes dated February 6, 2014 b. Budget Work Session Minutes dated February 11, 2014 MOTION BY VICE MAYOR ROBERTSON TO APPROVE THE MINUTES AS PRESENTED. MOTION SECONDED. VOTE: ALL AYE. MOTION PASSES. 3. Consent Agenda: MOTION BY COMMISSIONER CLARKE TO MOVE CONSENT ITEM 3 c. TO NEW BUSINESS ITEM 5 i. MOTION SECONDED. VOTE: ALL AYE. MOTION PASSES. a. Approval of M.T. Causley invoice b. Approval of February invoice for legal services from Ricinda H. Perry, P.A. c. Approval of Special Event Application for the Walk a Mile in Their Shoes Family Fun Walk on Coquina Beach, on April 5, 2014 MOTION BY COMMISSIONER VOSBURGH TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION SECONDED. VOTE: ALL AYE. MOTION PASSES. 4. OLD BUSINESS: a. Noise Ordinance Staff presentation by Alan Garrett, comment card on file. The first reading will come to the March 6 th Commission Meeting and the 2 nd reading will come to the March 20 th meeting. Public Comment Opened: 2 Bradenton Beach City Commission Meeting February 20, PM TJ

3 Doreen Flynn: She thought this was coming to Commission for consideration today; she will reserve her comments until the next meeting. Public Comments Closed. b. Final Plat Approval for Gulf View Subdivision of the BBC Staff presentation by Alan Garrett, comment card on file. MOTION BY VICE MAYOR ROBERTSON TO APPROVE THE FINAL PLAT FOR GULF VIEW SUBDIVISION OF BBC AND AUTHORIZE MAYOR TO EXECUTE SAME. MOTION SECONDED. VOTE: ALL AYE. MOTION CARRIES. 5. New Business: a. FIRES crash reporting software Presentation by Commissioner Clarke. MOTION BY COMMISSIONER VOSBURGH TO APPROVE ENTERING INTO AN AGREEMENT WITH FIRES AND AUTHORIZING THE MAYOR TO SIGN. MOTION SECONDED. VOTE: ALL AYE. MOTION PASSES. b. Florida Stormwater, Erosion and Sedimentation Control Inspector training and certification Staff presentation by Tom Woodard. This will require one hotel night. Travel cost to come out of Stormwater travel. MOTION BY COMMISSIONER CLARKE TO APPROVE THE ATTENDANCE OF TOM WOODARD TO THE FL. STORMWATER, EROSION, AND SEDIMENTATION CONTROL INSPECTOR TRAINING AND CERTIFICATION PROGRAM IN FT. MYERS, FL ON APRIL 2 AND 3, MOTION SECONDED. VOTE: ALL AYE. MOTION PASSES. c. APWA Florida Public Works Conference and Expo Staff presentation by Tom Woodard. This is the annual conference he has attended since he s been here. MOTION BY VICE MAYOR ROBERTSON TO THE ATTENDANCE OF TOM WOODARD TO THE 2014 APWA FLORIDA PUBLIC WORKS CONFERENCE AND EXPO IN FT. LAUDERDALE, FL FROM JULY 8 TO 11, 2014 WITH $ REGISTRATION FEE TO BE PAID FROM STREETS AND ROADS 5550 EDUCATION. MOTION SECONDED. VOTE: ALL AYE. MOTION PASSES. d. Approval of Professional Engineering Services for LTA Engineers, LLC to prepare a new Stormwater Ordinance Staff presentation by Tom Woodard. We need to do a revision to our Stormwater ordinance. 3 Bradenton Beach City Commission Meeting February 20, PM TJ

4 Discussion continued with clarifications provided by Lynn Burnett. The ordinance is a precursor to the LDC changes that will be forthcoming. Ricinda Perry confirmed with Public Works and the Building Official that this will mesh with the LDC. Timing is an issue, City Stormwater billing goes out July 1. This could be added to the County Tax bill in the future. Tom will keep citizens informed about what is going on. We want to make this equitable for everyone. MOTION BY COMMISSIONER VOSBURGH TO AUTHORIZE LTA ENGINEERS, LLC TO PROCEED WITH SCOPE AS OUTLINED IN THE PROPOSAL # FOR THE CREATION OF A NEW STORMWATER ORDINANCE. FEES TO BE PAID FROM STORMWATER PROFESSIONAL SERVICES. MOTION SECONDED. VOTE: ALL AYE. MOTION PASSES. e. Bradenton Beach Coastal Shoreline Protection Permit ME-1070 Staff presented by Tom Woodard. The DEP permit for the park across the street is about to expire. The City has not fulfilled their agreement with regards to that project, and staff needs direction. Lynn Burnett presented (card on file). She summarized options on moving forward on the DEP permit. It is for the dune system across the street as well as the creation of the 5 new parking spaces on the City portion of the project. The DEP permit specified we have 1 year to complete the project. Option 1: we are not going to do any further improvements other than what is required regarding exotic and nuisance species removal and replanting. Option 2: Request a 1 year extension. Option 3: We install the required improvements before April 15, which is not viable due to time constraints. Discussion ensued. Per the permit, we are required to remove exotics and replant. The estimated cost for removal and replanting is $1,681. Public Works crews could handle some of the work. The City Attorney was informed by Mr. Lincoln that if the City doesn t complete the project per the development agreement that ELRA would see that as a breach of the agreement and proceed accordingly. Building Official Steve Gilbert felt that with the detail put into the original development agreement, if we are removing from the DEP permit concepts and construction that was part of the development agreement, we will need to have the City Attorney go through the agreement and modify it to remove the City s responsibilities. He suggests we direct our project manager (Lynn Burnett) to ask for a 1 year extension so we can the legal work done and figure out which plants need to go and which are to stay. Public Comment Opened: NONE Public Comment Closed: MOTION BY COMMISSIONER CLARKE TO AUTHORIZE LTA ENGINEERS, LLC TO PROCEED WITH OPTION B AS OUTLINED IN THE LETTER BY LYNN BURNETT DATED JANUARY 29, 2014 SUBMIT A REQUEST TO FDEP FOR A ONE YEAR EXTENSION OF THE PERMIT AND PROCEED WITH FDOT PERMITTING FOR THE DRIVEWAY CONNECTION AT GULF DRIVE. MOTION SECONDED BY COMMISSIONER STRAIGHT. VOTE: COMMISSIONER VOSBURGH NAY, VICE MAYOR ROBERTSON NAY, COMMISSIONER STRAIGHT AYE, COMMISSIONER CLARKE AYE, MAYOR SHEARON AYE. MOTION PASSES Bradenton Beach City Commission Meeting February 20, PM TJ

5 Ricinda Perry and Tom Woodard asked for staff direction on reviewing the development agreement and site plan. CONSENSUS FOR MAYOR TO PURSUE THE OPTIONS FOR STAFF ACTION AND REPORT BACK TO COMMISSION AT OUR NEXT MEETING. f. Appointment of John Metz to the Planning and Zoning Board as First Alternate Presented by Mayor Shearon. Mr. Metz was not in attendance. Mayor Shearon had a chance to meet him at the last P & Z meeting. Discussion ensued. MOTION BY COMMISSIONER STRAIGHT TO APPOINT JOHN METZ TO THE PLANNING AND ZONING BOARD AS FIRST ALTERNATE. MOTION SECONDED BY COMMISSIONER VOSBURGH. VOTE: COMMISSIONER VOSBURGH AYE, VICE MAYOR ROBERTSON NAY, COMMISSIONER STRAIGHT AYE, COMMISSIONER CLARKE NAY, MAYOR SHEARON NAY. MOTION FAILS 3-2. MOTION BY COMMISSIONER CLARKE TO CONTINUE THIS ITEM UNTIL THE NEXT CITY COMMISSIONER MEETING. MOTION SECONDED. VOTE: COMMISSIONER VOSBURGH NAY, VICE MAYOR ROBERTSON AYE, COMMISSIONER STRAIGHT NAY, COMMISSIONER CLARKE AYE, MAYOR SHEARON AYE. MOTION CARRIES 3-2. g. Approval of CS&L Invoice #82477 Presented by Mayor Shearon. The additional $ figure on the invoice is for having the auditor come out and assist us with checkbook reconciliation. MOTION BY COMMISSIONER VOSBURGH TO APPROVE PAYMENT OF INVOICE #82477 FROM CHRISTOPHER SMITH AND LEONARD FOR $7,685 TO BE PAID FROM LINE ITEM #5320 ACCOUNTING AND AUDITING. MOTION SECONDED. Vice Mayor Robertson disagrees with having any of the audit expenses be pulled from CRA funds. Mayor stated that this was something that we can follow up on with the auditor. VOTE: ALL AYE. MOTION PASSES. MOTION BY COMMISSIONER CLARKE TO TAKE A 10 MINUTE RECESS. MOTION SECONDED. VOTE: ALL AYE. MOTION CARRIES. Meeting recessed at 2:20pm Meeting resumed at 2:30pm h. Budget Committee Report Budget Team report presented by Commissioner Clarke - Exhibit A Committee members felt it was a very worthwhile and educational experience. Mayor Shearon stated that he appreciated Commissioner Clarke facilitating the committee. 5 Bradenton Beach City Commission Meeting February 20, PM TJ

6 i. Approval of Special Event Application for the Walk a Mile in Their Shoes Family Fun Walk on Coquina Beach on April 5, Commissioner Clarke: This application states insurance pending. He would like to see conditional approval contingent upon proof of insurance being provided to Commission no later than 72 hours prior to the event. Mayor Shearon stated that the situation on the insurance is that unless an applicant receives approval from Commission for an event, they do not want to purchase unnecessary insurance. MOTION BY VICE MAYOR ROBERTSON TO APPROVE THE SPECIAL EVENT WALK A MILE IN THEIR SHOES FAMILY FUN WALK ON COQUINA BEACH ON APRIL 5, 2014 CONTINGENT UPON PRODUCING A CERTIFICATE OF INSURANCE 72 HOURS PRIOR TO THE EVENT. MOTION SECONDED. VOTE: ALL AYE. MOTION PASSES. Mayor Shearon would like to explore coordinating with the County for Special Events on Coquina Beach. They require applications from both the County and us. 6. Attorney Business: a. Restated Waste Pro Agreement City Attorney reviewed changes. David Schneider provided clarification. Discussion ensued. The agreement doesn t prohibit Sunday collection, but Waste Pro does not currently operate on Sundays. We would like to have a Holiday sanitation pickup schedule on our website. There have been concerns regarding lack of payment. The aging report is in excess of $350,000. They will probably be discontinuing service on delinquent accounts. Commissioners Vosburgh and Straight complimented them on their service. Tom Woodard mentioned that we have had an issue in the north part of the city with yard waste accumulating. It is not being picked up due to lack of following appropriate procedures. Code Enforcement violation notices will be issued for non-compliance. MOTION BY COMMISSIONER CLARKE TO APPROVE THE RESTATED WASTE PRO AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN. MOTION SECONDED. VOTE: ALL AYE. MOTION PASSES. 7. Commissioner s Reports and Activities Commissioner Clarke Exhibit B Commissioner Straight would like to see the draft Noise Ordinance. Vice Mayor Robertson will be attending a Bridge Street Merchants Association meeting next Tuesday at 5 pm. Commissioner Vosburgh Exhibit C Yesterday she heard from the FDOT engineer, the flashing light she has been working on for the past couple years will be installed within the next week and ½. 8. Mayor s Report and Activities Cortez Road intersection was re-striped 6 Bradenton Beach City Commission Meeting February 20, PM TJ

7 The RFP for the Pier will be coming on Wednesday CRS he authorized overtime for Wendy to complete this. She has put her heart and soul into getting us out of a bind. She has been in here on Saturdays to get this taken care of. She has to review 5 years of nearly all the building permits to gather the necessary information. Special Commission Meeting next week - we will try to get the backup information out to Commission tomorrow. He apologized for the delay in getting it out. Please take the time to review it prior to Wednesday s meeting. Paul Rout was a very close friend of the City and the whole island. He will be missed. 9. Adjournment: There being no further business the meeting adjourned at 3:03 pm ATTEST: William Bill Shearon Mayor Tammy Johnson, Deputy Clerk NOTE: This is not a verbatim record. 7 Bradenton Beach City Commission Meeting February 20, PM TJ