CITY OF INDIAN ROCKS BEACH

MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular City Commission Meeting was held on Wednesday, October 20, 2010, 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 Commissioner Terry Hamilton-Wollin Commissioner Phil J. Hanna Commissioner Joanne Cookie Kennedy City Attorney Maura J. Kiefer City Manager Charles S. Coward City Clerk Deanne Bulino O Reilly Public Services Director Dean A. Scharmen Community Services Supervisor Calvin Warren. ABSENT: Vice Mayor-Commissioner Daniel J. Torres 1. REPORTS OF the Pinellas County Sheriff s Office. Sergeant Joseph Gerretz reviewed the September 2010 Crime Analysis Report, and inquired if the City Commission had any questions and/or concerns. Commissioner Wollin inquired regarding a citizen receiving a citation for backing into a parking space. Sergeant Gerretz stated that the City and County ordinances prohibit vehicles from backing into a parking spot. 2. PUBLIC COMMENTS. None. 3. ORGANIZATIONAL REMARKS. None. 4A. REPORTS OF THE CITY ATTORNEY. OCEAN GLEN AT WATERSIDE PUD, 601 GULF BOULEVARD: City Attorney Kiefer reported she had a phone conference with one of the developers of Page 1 of 14

Ocean Glen at Waterside, which construction project is in disrepair, has been abandoned, and has become an eyesore. In May of 2006, the City entered into a Planned Unit Development (PUD) Agreement in relation to that property, which was a five-year agreement. Planning and Zoning Director Taylor discovered that there is $24,000 in escrow for the PUD. The conversation with the developer indicated they would be agreeable to entering into a consent order stipulating to the violation, and then there will be no prosecution and that the City would be authorized to proceed with demolition using the money in escrow. She advised the City Commission would need to pass a resolution to amend the PUD. She did not suggest terminating the PUD, just a resolution with a brief amendment. She noted that the escrow funds are limited to improvements to this particular intersection; therefore, there is the need for the amendment to the agreement. 4B. REPORTS OF THE CITY MANAGER. CITY COMMISSION WORK SESSION. City Manager Coward requested scheduling a City Commission Work Session to discuss the text amendments to the Comprehensive Plan. CONSENSUS TO SCHEDULE A CITY COMMISSION WORK SESSION FOR WEDNESDAY, DECEMBER 15, 2010, FROM 1:00 P.M. to 4:00 P.M., TO DISCUSS THE TEXT AMENDMENTS TO THE COMPREHENSIVE PLAN. 4C. REPORTS OF THE CITY COMMISSION. MAYOR JOHNSON: Announced the events for Saturday, October 30, 2010: Pumpkin Carving at 11:00 a.m. Halloween Party and Haunted House at 7:00 p.m. Thanked those who participated in the Oktoberfest and the Coastal Clean Up on October 16, 2010. 5. ADDITIONS/DELETIONS. None. 6. CONSENT AGENDA: A. APPROVAL OF the October 4, 2010 City Commission Work Session Minutes. City Attorney Kiefer read the Consent Agenda, consisting of Agenda Item No. 6A, by title only. Page 2 of 14

MOTION MADE BY COMMISSIONER WOLLIN, SECONDED BY COMMISSIONER KENNEDY, TO APPROVE THE CONSENT AGENDA, CONSISTING OF AGENDA ITEM NO. 6A. UNANIMOUS APPROVAL BY ACCLAMATION. 7. PUBLIC HEARINGS: None. 8A. RESOLUTION NO. 2010-81. Appointing residents to serve on the Board of Adjustments and Appeals due to the resignations of T. Phil Guinand, Regular Board Member, and Benjamin Ream, nd 2 Alternate Board Member. BACKGROUND: Vacancies exist on the Board of Adjustments and Appeals as nd a result of the resignations of Board Member T. Phil Guinand and 2 Alternate Board Member Benjamin Ream. Code Section 2-142(b), Appointment and Term of Members; Quorum, states: Members may be reappointed for one successive term upon the concurrence of the City Commission. Code Section 2-142(c), Appointment and Term of Members; Quorum, states: 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. 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. Code Section 2-141, Established Membership, states: The membership of the Board of Adjustments and Appeals should, whenever possible include an engineer, a real estate broker, a businessman, and an architect. Although not required by the City Code, it has been the practice of the City Commission to appoint the alternate members to fill the vacancies. The Board of Adjustments and Appeals Members are as follows: nd Jim Labadie, Chair (2 Term) nd Waldemar H. Clark, Vice Chair (2 Term) st Board Member Rick Alvarez (1 Term) st Board Member Lynn Johler (1 Term) Page 3 of 14

st Board Member T. Phil Guinand (1 Term) - RESIGNED st st 1 Alternate Board Member Art Torre (1 Term) nd st 2 Alternate Board Member Benjamin Ream (1 Term) - RESIGNED City Attorney Kiefer read Resolution No. 2010-81 by title only. Mayor Johnson opened the public comment session, seeing and/or hearing no one wishing to speak on this Agenda Item, the public comment session was closed. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER WOLLIN, APPOINTING ART TORRE AS A REGULAR BOARD MEMBER WITH A TERM EXPIRING JUNE 30, 2013; APPOINTING ST TRUDY C. TROIANO AS 1 ALTERNATE BOARD MEMBER WITH A TERM EXPIRING JUNE 30, 2012; AND APPOINTING DAVID R. PHILLIPS AS 2 ND ALTERNATE BOARD MEMBER WITH A TERM EXPIRING JUNE 30, 2012. UNANIMOUS APPROVAL BY ACCLAMATION. 8B. RESOLUTION NO. 2010-82. Authorizing the City Manager to enter into and execute a contract with Waste Services, Incorporated for the City of Indian Rocks Beach Curbside Recycling Program. BACKGROUND: During the FY 2009/2010 Budget Sessions, there were discussions in regards to having staff provide recommendations for possibly improving the efficiency, cost effectiveness, and service levels of the Solid Waste Department Collection Services. In January 2010, the City issued a task order to Kessler Consulting, Inc. to provide a comprehensive analysis of the City s Solid Waste Collection System. As outlined within the analysis recommendations presented to the City Commission in June 2010, one of the primary opportunities was to procure and implement residential curbside recycling and to continue to improve the City s current commercial recycling program. The City s recycling programs currently consist of the following: Voluntary recycling drop of centers located at Brown Park, City Hall, 10 th Avenue Park, Nature Preserve, and the Historical Museum. Residential curbside recycling of yard waste and newspapers. Page 4 of 14

Multi-family and commercial cooperative recycling program. Commercial recycling of cardboard. E-waste recycling. Metals recycling. Household chemical waste. ANALYSIS: To further improve the City s recycling efforts, and to coincide with the Kessler recommendation, staff has held several discussions with the City of Largo and Waste Services, Incorporated to identify if their firms would be able to provide the City with a curbside recycling program for residences within the City. There are several opportunities to take advantage of to implement this type of program within the City without having to formally issue a Request for Bid. The City of Largo would be willing to expand its current Interlocal Agreement for commercial recycling to include residential recycling. Waste Services, Incorporated has offered the City the opportunity to piggyback the City of Madeira Beach Bid for residential recycling (this is allowable pursuant to City Code thus saving the City funding and time to go out for bid). Both parties indicated in the affirmative to being able to provide this type of program and in staff s opinion, the guaranteed cost for either program is extremely favorable for the City in today s market. However, there were multiple tangibles that were considered such as: contract length; commodities collected; cost of collection; residences serviced; privatization versus governmental interlocal and working relationships. In review of the services offered, there are also several positives and negatives associated with each program, which consist of: PROS LARGO WSI Interlocal Agreement Lowest cost ($1.54 per household) 4 Year price guarantee 4 Year price guarantee Excellent working relationships All commodities collected IRB logo on bins Possible multi-unit collection Rehab Drop Off Centers 18 gallon collection bins Current commercial cardboard program Page 5 of 14

Staffing assistance CONS Cost slightly higher ($1.60 per household) Less commodities collected Multi-Unit collection uncertain 14 gallon collection bins Work relations unknown (private) IRB logo not on bin FISCAL IMPACT: Within the FY 2010/2011 Budget, under the Solid Waste Department Budget, Account Number 402-534-034-600, the City has appropriated funds in the amount of $72,000 to facilitate this program. The actual contractual costs will be more defined as the program is implemented, with specific costs attributed to the amount of units brought on line with the program. Estimates could range as follows: Single/Multi $42,781 Multi/Com $18,000 Total $60,781 Additionally, the City will benefit from offsetting revenues from deferred tipping fees for the tonnages of recyclables removed from the waste stream. FY2009/2010 numbers equated to $21,422.25. Staff expects these numbers to significantly increase just based on the volume of recyclable commodities that will be removed from the waste stream. Additionally, there will be less wear and tear on the City s equipment from the reduced tonnages being transported. City Attorney Kiefer read Resolution No. 2010-82 by title only. City Manager Coward presented the Agenda Memorandum and explained the process in the selection of a service provider for curbside recycling. He noted the recommendation for Waste Services, Incorporated was based on their picking up everything at the curbside as opposed to other options that would not pick up some items. Page 6 of 14

Public Services Director Scharmen stated that, compared to other markets, the $1.54 pricing is very favorable to the City. Mayor Johnson inquired regarding the actual procedure for residents participating in the recycling program. Public Services Director Scharmen explained that all single family residences and some multi-family residences will be provided a bin and information indicating what is to be recycled, which will all go in one bin to be picked up once a week. Mayor Johnson opened the Agenda Item to public comments. Seeing and/or hearing no one wishing to speak, the public comment session was closed. MOTION MADE BY COMMISSIONER WOLLIN, SECONDED BY COMMISSIONER HANNA, TO APPROVE RESOLUTION NO. 2010-82, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT WITH WASTE SERVICES, INCORPORATED FOR THE CITY OF INDIAN ROCKS BEACH CURBSIDE RECYCLING PROGRAM. UNANIMOUS APPROVAL BY ACCLAMATION. 8C. RESOLUTION NO. 2010-83. Authorizing the City Manager to purchase a 2010 John Deere 310J Loader Backhoe from Nortrax Equipment Company, through the Florida Sheriff s Association of Counties and Florida Fire Chief s Association Contract Number 09-17-0908, in the amount of $59,905.40. BACKGROUND: On September 8, 2009, Nortrax Equipment Company was awarded a portion of the Florida Sheriff s Association, Florida Association of Counties & Fire Chiefs Association, Contract Number 09-17-0908, Specification #71 for Loader Backhoes. The bid contract was effective from October 1, 2009 through September 30, 2010, and has been extended until the new bid contract (Bid 10-18-0907) is awarded in the near future. The bid contract was extended and guaranteed to any and all units of county, local governments, municipalities, and/or police agencies within the State of Florida who may be interested in purchasing off this bid contract. Page 7 of 14

This program is designed to provide participating agencies with the most economically priced vehicles and equipment tailored to their specific needs, in a prompt and timely manner. ANALYSIS: Within the Fiscal Year 2010/2011 Budget, the Public Services Department requested the replacement of the 1988 John Deer Loader Backhoe, which staff believes has met the life expectancy of the equipment. Staff is recommending the purchase of a 2010 John Deere Loader Backhoe to carry out essential City business and functions. FISCAL IMPACT: Within the Fiscal Year 2010/2011 Budget, under Public Services Department, Parks Budget Account Number 001-539-572-064-000, the City has appropriated funds in the amount of $63,000 for this purchase. The cost breakdown for the equipment will be as follows: City Budget $ 63,000.00 Vehicle (Bid Amount) $ 59,905.40 Lettering/Numbers $ 35.00 FSA, FAC, FCA Fee $ 25.00 Total $ 59,965.40 Budget Balance $ 3,034.60 City Attorney Kiefer read Resolution No. 2010-83 by title only. Public Services Director Scharmen presented the Agenda Memorandum and explained the current piece of equipment has met its life expectancy. He reviewed that the Florida Sheriff s Association State Contract is designed to provide governmental agencies the most economic vehicles tailored to the City s specific needs. He noted the equipment will have a multipurpose bucket on the front in case of inclement weather conditions. He advised staff recommends approval. In response to Commissioner Hanna s inquiry, Public Services Director Scharmen stated he did research used equipment; however, did not find anything equitable to the State contract or other equipment on that contract; the warranty is for three years/2,000 hours full machine. The old equipment will be placed on GovDeals.com for auction where the City has had favorable results in the past. Page 8 of 14

City Manager Coward noted the maintenance costs on the current piece of equipment that still needs parts; therefore, with the three-year warranty, it will probably net out to $45,000 to $54,000 with no maintenance expenses for the next three years on a new piece of equipment that should last 20 years. Mayor Johnson opened the public comment session. Seeing and/or hearing no one wishing to speak on this Agenda Item, the public comment session was closed. MOTION MADE COMMISSIONER HANNA, SECONDED BY COMMISSIONER KENNEDY, TO APPROVE RESOLUTION NO. 2010-83, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2010 JOHN DEERE 310J LOADER BACKHOE FROM NORTRAX EQUIPMENT COMPANY, THROUGH THE FLORIDA SHERIFF S ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEF S ASSOCIATION CONTRACT NUMBER 09-17-0908, IN THE AMOUNT OF $59,905.40. UNANIMOUS APPROVAL BY ACCLAMATION. 8D. RESOLUTION NO. 2010-84. Nominating an elected official to the Pinellas Planning Council to represent the cities of Belleair Beach, Belleair Shore, Indian Rocks Beach, Indian Shores, North Redington Beach, Redington Beach, and Redington Shores. BACKGROUND: A vacancy will exist on the Pinellas Planning Council as a result of the expiration of term by North Redington Beach Vice Mayor Jerry Knight. Said appointment to the Pinellas Planning Council will represent the cities of Belleair Beach, Belleair Shore, Indian Rocks Beach, Indian Shores, North Redington Beach, Redington Beach, and Redington Shores. The process of appointment by the communities of Belleair Beach, Belleair Shore, Redington Beach, North Redington, Indian Rocks Beach, Redington Shores, and Indian Shores is that each community may nominate a person from their respective council or commission to the Board of County Commissioners, who shall then make the appointment from among those nominated. The communities may collaborate and nominate a single representative as has typically been done in the past. North Redington Beach Vice Mayor Knight is interested in being reappointed to serve on the Pinellas Planning Council Page 9 of 14

City Attorney Kiefer read Resolution No. 2010-84 by title only. City Manager Coward introduced the agenda item and noted that possibly in one year, the Pinellas Planning Council and the Metropolitan Planning Council will be consolidating; however, in the interim, there will still be two representatives one from the north beach cities and one from south beach cities. Mayor Johnson opened the public comment session. Seeing and/or hearing no one wishing to speak on this Agenda Item, the public comment session was closed. MOTION MADE BY COMMISSIONER WOLLIN, SECONDED BY COMMISSIONER HANNA, TO APPROVE RESOLUTION NO. 2010-84, NORTH REDINGTON BEACH VICE MAYOR JERRY KNIGHT TO THE PINELLAS PLANNING COUNCIL TO REPRESENT THE CITIES OF BELLEAIR BEACH, BELLEAIR SHORE, INDIAN ROCKS BEACH, INDIAN SHORES, NORTH REDINGTON BEACH, REDINGTON BEACH, AND REDINGTON SHORES FOR A TWO YEAR TERM, JANUARY, 2010, THROUGH DECEMBER, 2012. ACCLAMATION VOTE CARRIED BY A VOTE OF 3 TO 1, WITH COMMISSIONER KENNEDY OBJECTING. Commissioner Kennedy stated she has asked for three years to be the Pinellas Planning Council representative for the north beaches. The first year, she was told that Indian Shores Vice Mayor Jerry Knight wanted to be on it again. David Healey, the then-executive Director, asked her when Indian Shores Vice Mayor Knight s term expired, would she take the position, and she has brought it up to the City Commission. She stated her understanding that at the September 29, 2010 Barrier Islands Governmental Council Meeting, Indian Shores Vice Mayor Knight stated he did not want to be the Pinellas Planning Council representative anymore. She understands that Indian Shores Mayor Lawrence and Redington Beach Simons stated they would like for Indian Shores Vice Mayor Knight to continue as the Pinellas Planning Council representative, and that Commissioner Wollin never said a word. She stated she had asked at a previous City Commission Meeting that Commissioner Wollin advise the BIG-C members that she would like to be considered for that position. Commissioner Kennedy stated she can go to the October 27, 2010 BIG-C Meeting and bring it up or forget about it. Page 10 of 14

Mayor Johnson stated he assumes there will be a time when Indian Shores Vice Mayor Knight will no longer be interested in being the Pinellas Planning Council representative for the north beach communities. However, he noted he did not attend the BIG-C Meeting that Commissioner Kennedy referenced. He did hear that there was discussion about keeping Indian Shores Vice Mayor Knight on during the interim, when there is discussion about making the two entities into one and then they will have to figure out how to make the two beach representatives into one. 9. ORDINANCES, first reading: None. 10A. DISCUSSION OF ORDINANCE NO. 2010-21. Amending Chapter 2, Administration; Article II, City Commission; Division 1, Generally; Section 2-31, Compensation of Members; providing for an increase in the City Commission s monthly compensation. BACKGROUND: In November 2003, the City Commission adopted Ordinance No. 2003-21, and thereby, lowered the compensation rate for the Mayor and the City Commissioners by $50 per month each to the rate of $429.86 for Mayor, and $323.23 for City Commissioners. No adjustments to these compensation rates have been made since 2003 and they, therefore, continue today. Also, the City staff conducted a survey of Pinellas County elected official compensation rates for cities under 25,000 population, which utilize the Council-Manager form of government. The full survey results are available, but th it is interesting to note that Indian Rocks Beach ranks as the 11 lowest out of 13 entities surveyed. If the City Commission desires to consider an adjustment to the elected official compensation rate, the following steps must be taken: 1. Introduce an ordinance setting forth a new compensation rate and pass this ordinance on first reading. 2. Advertise a public hearing in the newspaper. 3. Hold a public hearing and pass the ordinance on second reading. 4. If ultimately passed, the new compensation rate will not take effect until after the March 8, 2011 Election. ANALYSIS: During FY 2010-11 Budget Work Sessions, the City Commission discussed the topic of increasing the compensation rate for the Mayor and City Page 11 of 14

Commissioners. The critical issues in this discussion were the facts that: 1) the compensation rate was lowered by $50/month in 2003; 2) there have been no adjustments to the compensation rate since that time (seven years); and 3) that Indian Rocks Beach ranks almost last among similar Pinellas County cities. At the conclusion of the discussion, a $100 increase per Mayor/Commissioner per month was budgeted. This adjustment would make the Mayor s salary $530 per month ($6,360/year), and City Commissioners salaries at $425/month ($5,100/year). If the City Commission desires to move forward with this item, it must proceed to first reading on November 9, 2010, and second and final reading on November 23, 2010, because in order for a compensation adjustment to be effective, it must be passed at least 90 days before the election. City Manager Coward presented the Agenda Memorandum. He explained that funds in the amount of $100 per month were budgeted for a salary increase for City Commission Members. He advised that any change has to be adopted by ordinance not less than 90 days prior to the election in order to be effective after the election. He explained if the City Commission s direction is to proceed, the first reading will be on November 9, 2010, with the second and final reading on November 23, 2010. City Manager Coward referenced the survey results provided of City Commission salaries in Pinellas County that indicates Indian Rocks Beach is at the bottom of the list. Commissioner Kennedy supports an increase in the City Commission salary. She stated all the citizens she has spoken with were in support of the increase based on the accomplishments of this City Commission and the positive effect on the City. She referenced the Agenda Memorandum that provides the information that 12 years ago, there was a $50 decrease; therefore, it will actually be a $50 increase. Commissioner Hanna supports an increase in the City Commission salary, not for individuals, but for the position. Commissioner Wollin supports an increase in the City Commission salary and agreed with the comments of Commissioner Kennedy and Commissioner Hanna. She noted other cities provide health insurance for their elected officials, and she purchases the City s health insurance at $600.00 per month, which is double what she makes as a City Commissioner. She noted the positions should be attractive to others in the future. She is comfortable with the $100.00 for now. Page 12 of 14

Mayor Johnson noted that the City Commission is certainly not overpaid. He stated when the salary was reduced, he does not recall exactly the reasoning and even at the time the salary was low compared to surrounding cities. He recalled his comments during the budget process that he could support a $50 increase getting back to the original amount, but it would be more difficult to go to the $100; however, it will be years before this issue will come up again. He reiterated the comments regarding the increase is for the position not the individuals, and in the long run, people need to be assured that they are suitably compensated for the work that they do. Mayor Johnson opened the Agenda Item to public comments. Larry King, 420 Gulf Boulevard, expressed appreciation to the City Commission for the work they have done. He stated he is ashamed personally that the City is at the bottom of the list for City Commission compensation. He stated many forget the personal assets utilized in serving as City Commission Members such as phones, internet, paper, gas, and so forth that are substantial, and he does not think $100 is enough. He reviewed the other ways the City Commission serves on other boards, committees, and organizations representing the City. Mayor Johnson closed the public comment session for this Agenda Item. CONSENSUS TO SCHEDULE FIRST READING FOR THE NOVEMBER 9, 2010 CITY COMMISSION AGENDA, WITH SECOND AND FINAL READING SCHEDULED FOR THE NOVEMBER 23, 2010 CITY COMMISSION AGENDA. 11. CITIZEN PARTICIPATION. None. 12. OTHER BUSINESS. City Manager Coward commented regarding the possibility of undergrounding the utilities on Gulf Boulevard that recent discussions have indicated that in a couple of years that will actually happen. 13. ADJOURNMENT. MOTION MADE BY COMMISSIONER HANNA, SECONDED BY COMMISSIONER KENNEDY, TO ADJOURN THE MEETING AT 8:00 P.M. Page 13 of 14

UNANIMOUS APPROVAL BY ACCLAMATION. November 9, 2010 Date Approved R.B. Johnson, Mayor-Commissioner ATTEST: Deanne Bulino O Reilly, MMC, City Clerk Page 14 of 14