Board of Commissioners Regular Meeting

THE CITY OF MADEIRA BEACH, FLORIDA PUBLIC NOTICE BOARD OF COMMISSIONERS REGULAR MEETING THE BOARD OF COMMISSIONERS, CITY OF MADEIRA BEACH, FLORIDA, will meet in Madeira Beach City Hall located at 300 Municipal Drive, Madeira Beach, Florida to discuss the items of City business listed hereon at the time indicated below. 7:00 P.M. TUESDAY - DECEMBER 9, 2008 CONF. ROOM A. Meeting Called to Order B. Roll Call C. Pledge of Allegiance to the Flag D. Review the Minutes of November 4, 2008 E. Review the Agenda for December 9, 2008 REPORTS A. Library Board 11/06& 17/08 Steve Kochick, Vice-Mayor B. Planning Commission 11/10/08 Sarah Nichols, Commissioner District 2 C. Suncoast League of Cities 12/04/08 Steve Kochick, Vice-Mayor D. City Attorney Michael A. Connolly, City Attorney E. City Manager W.D. Higginbotham Jr., City Manager RECOGNITION AWARDS ******* ******* EVA GRAMLICH ROBIN MOORE ******* ******* In recognition of your distinguished and faithful public In sincere appreciation and recognition for over 4 years of service, precious time, and dedicated efforts as an dedicated service and outstanding performance as a Employee of Madeira Beach for over 19 years; thereby member of the Planning Commission making the City a better place to live. September 2004 through October 2008 October 16, 1989 through December 12, 2008 CITIZEN’S FORUM. The Commission welcomes advice on matters of concern which are not on the agenda. It is the policy of the Commission not to engage in discussion or attempt resolution on matters. Citizen’s input is limited to 3 minutes per person. COMMISSION’S FORUM. The Commission respectfully requests that citizens refrain from engaging the Commission into a dialog or speaking out regarding matters discussed by the Commissioners. CONSENT AGENDA. There is no separate discussion of these items unless a Commissioner requests an item be removed for consideration in its normal sequence on the agenda. Approval of the Consent Agenda shall be handled in one motion except for any items removed. The Mayor may ask for Citizen's input after the items are introduced. 08.72a Veterans of Foreign Wars (VFW) Request to Renew Parking Permits. Consent authorizes the VFW to limited, free use of 30 metered parking spaces in John's Pass Village for bingo and other special events along with 5 special parking permits to be used daily, by the VFW Board members. The parking permits will be effective from January 1, 2009 through December 31, 2009. 08.72b Reappointment of Special Magistrate from January 20, 2008 through January 19, 2009. Consent authorizes the reappointment of Herbert E. Langford, Jr. as Special Magistrate to rule on Code Enforcement Cases, and applications for variances, special exception uses, as well as appeals from administrative decisions from January 20, 2009 through January 19, 2010. 08.72c Florida Boating Improvement Program Grant Agreement – Amendment No. 2 -Time Extension. Consent authorizes the Mayor to sign the Florida Boating Improvement Program Grant Agreement, FWC Contract No. 06145 – Amendment No. 2. The City: • Approved Resolution 06.10 in May 2006 to apply for funds for a new boat ramp and 2 boarding docks at the Marina. Board of Commissioners 2 December 9, 2008 Agenda • In December 2006, received notification from the Florida Fish and Wildlife Conservation Commission (FFWCC) that the grant was funded in the amount of $84,500. • Amended the agreement on May 21, 2008 to extend the time for project completion to 12/15/08. • Is aware that it will take several months for the Contractor to obtain permits from Pinellas County Water and Navigation, due to the size of the boarding docks. In order to ensure there was sufficient time to complete the construction project, the grant agency offered an additional time extension to the City. The Contractor is on site and construction is underway; and all work under the grant must be completed by June 15, 2009. 08.72d Declaration of Surplus for the 1997 Ford Sanitation/Garbage Packer This vehicle is over 12 years old is in bad physical condition and is not being used at this time. Mileage is currently 84,117 and the hours are at 11,058. There is extensive body rust and damage. A replacement vehicle was purchased and delivered (FY 2008) earlier this year. 08.72e Purchase of a new 2009 Ford F-250 4x4 pickup truck. Consent authorizes City Administration to use the Florida Sheriffs Association, Florida Associations of Counties & Florida Fire Chief’s Association Vehicle Bid Award to purchase of a new 2009 Ford F-250 4x4 pickup truck in the amount of $18,922. Budgeted $19,500. 08.72f Purchase of a new 2009 Ford F-350 4x4 Cab & Chassis. Consent authorizes City Administration to use the Florida Sheriffs Association, Florida Associations of Counties & Florida Fire Chief’s Association Vehicle Bid Award to Purchase of a new 2009 Ford F-350 4x4 Cab & Chassis in the amount of $20,918 to replace truck #41. Budgeted $27,000. 08.73g Transfer of funds from General Fund Contingency for FY 2007-08 Reconciliation. Consent approves the transfer of funds from the General Fund Contingency for FY 2007-08 Reconciliation to balance a shortfall in the Finance Department budget. 08.73h Award of Bid #09-01 – Marina Fuel System. On October 26, 2008 the City advertised a Request for Bids for the Municipal Marina Fuel System. The project entails removal of two existing 4,000 gallon single-wall fuel tanks and installation of a new 20,000 gallon partitioned, double-wall fuel tank. This replacement is necessary to comply with a Florida Department of Environmental Protection mandate that all single-wall fuel tanks be replaced by double-wall fuel tanks by 2010. The City’s Marina Fund contains an appropriation of $275,000 for replacement of the fuel storage tanks. Citizen input on agenda items will be solicited following discussion by the Commission. Citizen’s input is limited to 5 minutes. UNFINISHED BUSINESS 08.61 PUBLIC HEARING to consider the 2nd Reading of Ordinance 1138 - Consistency of Land Development Regulations with the Pinellas Planning Council Continued from the 11/4/08 Regular Mtg 08.65 PUBLIC HEARING to consider the 2nd Reading of Ordinance 1142 Rescheduled to January 13, 2009 due to advertising error. 08.69a Purchase of a new 2008 Barber Surf Rake, Model 600HD. Consent authorizes the City, as provided for in Section 2-193(3) of the City Code to waive the competitive bid requirements and authorize the purchase from the contract price list established by the City of Tampa of the 2008 Barber Surf Rake 600HD from H. Barber & Sons, Inc. in Naugatuck, CT in the amount of $45,868 and charge that amount to Account Number 0013100.6400 (Streets Department – Capital Equipment). 08.70 PUBLIC HEARING to consider the 2nd Reading of Ordinance 1144 Rescheduled to January 13, 2009 due to advertising error. Board of Commissioners 3 December 9, 2008 Agenda NEW BUSINESS 08.73 PUBLIC HEARING to consider the 1st Reading of Ordinance 1145 - Proposing to amend the City’s Future Land Use Map of the 2008 Madeira Beach Comprehensive Plan from Residential Medium to Resort Facilities Medium for a series of lots totaling 45,656 square feet in size located on the south half 137th Avenue Circle; and to amend the text of the Future Land Use Element of the 2008 Madeira Beach Comprehensive Plan to add a new subsection entitled “Site Specific Limitations.” Continued until after the January 12th Planning Commission. 08.74 PUBLIC HEARING to consider the 1st Reading of Ordinance 1146 - Proposing to amend Section 46-1 (Public solicitation) to regulate the time, place and manner of commercial speech. 08.75 PUBLIC HEARING to consider Alcoholic Beverage Use Permit #08.08 for a SRX-4COP License for Land Trust K-175 and Land Trust A-111 for the property located at 14705 - 14709 Gulf Blvd, Madeira Beach, FL. An SRX–4COP license permits Beer, Wine, and Liquor consumption on premises in connection with a restaurant. Package sales not permitted. May only have spirituous beverages (liquor) in quarts, fifths or miniatures. Must meet certain requirements as to the number of seats, square footage, etc. Sale of alcoholic beverage prohibited when food service not available. F.S. 561.20(2) 08.76 Request by former Commissioner, Art Thomas, for reimbursement of legal fees - Proposing to reimburse Art Thomas for legal fees incurred in the amount of $37,113.42 and to transfer this amount from the General Fund contingency account 0011300.9900 to account 0011300.3113 to fund the payment. CORRESPONDENCE ADJOURNMENT *** THIS MEETING IS OPEN TO THE PUBLIC *** Persons are advised that, if they decide to appeal any decision made at this meeting/hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. THIS MEETING IS TELEVISED LIVE ON CHANNEL 615 AND REBROADCAST THE FOLLOWING EVENING AT 7 P.M. ON CHANNEL 615. In accordance with the Americans with Disability Act and F.S. 286.26, persons with disabilities needing special accommodation to participate in the proceeding should contact the City Clerk’s Office with your request. Telephone: (727) 391-9951, Fax: (727) 399-1131 for assistance, if hearing impaired, contact the Florida Relay Service Numbers: (800) 955-8771 (TDD).