City of Madeira Beach

Agenda

BOC Workshop Meeting

Tuesday, September 3, 2019 @ 2:00 PM

Commission Chambers

The Board of Commissioners of the City of Madeira Beach, Florida will meet in

the Patricia Shontz Commission chambers at City Hall, located at 300 Municipal

Drive, Madeira Beach, Florida to discuss the agenda items of City Business

listed at the time indicated below. Meetings will be televised on Spectrum

Chanel 640 and Live Streamed on City’s website.

Page

1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENT

Public participation is encouraged. If you are addressing the Commission, step to the

podium and state your name and address for the record. Please limit your comments to

three (3) minutes and do not include any topic that is on the agenda. Public comment

on agenda items will be allowed when they come up.

4. TOPICS FOR DISCUSSION

A. Tom Stuart Causeway (150th Avenue) Bridge – Curt Preisser, Public

Information Specialist Report-Drawbridge Schedule

2 - 5

B. Prohibiting Smoking on Beaches – Robert Daniels, City Manger

Report-Prohibiting Smoking on Beach

6 - 7

C. Construction Oversight Tasks Force – Al Carrier, Deuel & Associates

Public Works - Construction Task Force CP1

8 - 9

5. ADJOURNMENT

One or more Elected or Appointed Officials may be in attendance. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this

meeting will need a record of the proceedings and for such purposes 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.

The law does not require the City Clerk to transcribe verbatim minutes; therefore, the applicant must make the

necessary arrangements with a private reporter or private reporting firm and bear the resulting expense. In

accordance with the Americans with Disability Act and F.S. 286.26; any person with a disability requiring

reasonable accommodation to participate in this meeting should call 727-391-9951 or fax a written request to 727-

399-1131.

Page 1 of 9

\\ r‘ I x *1

Mat ,e,rgaa?zeaghO R I D A

TO: Hon. Mayor and Board of Commissioners

THROUGH: Robert Daniels, City Manager (Interim)

FROM: Curt Preisser.Public Information Specialist

DATE: August 20, 2019

RE: Tom Stuart Causeway (150"' Ave.) Bridge

Background

The operations of the drawbridge located on the Welch/Tom Stuart Causeway (150"‘Ave.) inMadeira Beach are regulated by the Code of Federal Regulations (33 CFR 117.287) which are

administered through the United States Coast Guard.

The Code of Federal Regulations (CFR) is the codi?cation of the general and permanent rulespublished in the Federal Register by the departments and agencies of the Federal Government.

Currently, under 33 CFR 117.287, the Causeway Bridge is opened:

0 Monday through Friday upon request by boat traf?c

0 Saturday, Sunday and Federal holidays when needed at the top of, 20 minutes past and 40minutes past the hour

If desired, the City can request adjusting the schedule by writing to the District Commander of theUnited States Coast Guard, Sector St. Petersburg, Capt. Matthew A. Thompson. The Commanderwill review the impact of the proposed schedule change and determine if the request is warranted.lf a?er evaluating the request, the District Commander determines that the requested change is notneeded, he or she will respond to the request in writing and provide the reasons for denial of therequested change. If the District Commander decides that a change may be needed, he or she willbegin a rulemaking to implement the change.

While the impact to traf?c is sporadic and limited, staff does feel that a more structured schedulewould be easier for motorists and boat traf?c to follow. Staff recommends no changes to theweekday schedule of raising the bridge upon request by boat traf?c. Staff recommends changingthe Saturday, Sunday and Federal holiday schedule to opening the bridge (when needed) at the topand bottom of each hour.

Revised — December 27, 2018

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Fiscal Impact

&

Recommendation

Staff recommends changing the weekend and Federal holiday schedule to opening the bridge(when needed) at the top and bottom of each hour.

Attachment(s):

33 CFR 117.287

Revised — December 27, 2018

Page 3 of 9

u.s. GOVERNMENTINFORMATION

GPO

Coast Guard, DHS

§ 117.269 Biscayne Bay.

The Venetian Causeway Bridge (East)shall open on signal, except that from7 a.m. to 7 p.m., Monday through Fri-day, except Federal holidays, thebridge need only open on the hour andhalf-hour.

[CGD07—06—050,72 FR 18886.Apr. 16. 2007]

§ 117.271 Blackwater River.

The draw of the CSX TransportationRailroad bridge, mile 2.8 at Milton,shall open on signal; except that, from8 p.m. to 4 a.m., the draw shall open onsignal if at least eight hours notice isgiven.

[CGD 82-025. 49 FR 17452, Apr. 24, 1984, asamended by CGD8—~86-06, 51 FR 29101, Aug. 14.1986; USCG—2001—10881.71 FR 70310, Dec. 4.2006]

§ 117.272 Boot Key Harbor.

The draw of the Boot Key Harbordrawbridge, mile 0.13, between Mara-thon and Boot Key, will open as nec-essary on the hour between the hoursof 7 a.m. to 7 p.m. At all other times,the bridge will open following a onehour notification to the bridge tenderby calling the posted cell phone num-ber. The draw shall open on demandand as soon as practicable for the pas-sage of tugs with tows, public vessels ofthe United States and vessels wherebya delay would endanger life or prop-erty.

[CGD07—05—063,71 FR 14806, Mar. 24, 2006]

§ 117.273 Canaveral Barge Canal.(a) The drawspan of the Christa

McAuliffe Drawbridge, SR 3, mile 1.0,across the Canaveral Barge Canal needonly open daily for vessel traffic on thehour and half-hour from 6 a.m. to 10p.m.; except that from 6:15 a.m. to 8:15a.m. and from 3:10 p.m. to 5:59 p.m.,Monday through Friday, except Fed-eral holidays, the drawspan need notopen. From 10:01 p.m. to 5:59 a.m., ev-eryday, the drawspan must open on sig-nal if at least 3 hours notice is given tothe drawtender. The drawspan mustopen as soon as possible for the passageof public vessels of the United Statesand tugs with tows.

(b) The drawspan of the SR401 Draw-bridge, mile 5.5 at Port Canaveral,

§ I 17.287

must open on signal; except that, from6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15p.m. Monday through Friday exceptFederal holidays, the drawspan neednot be opened for the passage of ves-sels. From 10 p.m. to 6 a.m., thedrawspan must open on signal if atleast three hours notice is given. Thedrawspan must open as soon as possiblefor the passage of pubic vessels of theUnited States and tugs with tows.

[USCG—2001—10881, 71 FR 70310.Dec. 4. 2006]

§ 117.279 Coffeepot Bayou.

The draw of the Snell Isle Boulevardbridge, mile 0.4 at St. Petersburg, neednot be opened for the passage of ves-sels.

§ 117.283 Dunns Creek.The draw of the US17 bridge, mile 0.9

near Satsuma, shall open on signal ifat least three hours notice is given.

§ 117.285 Grand Canal.(a) The draw of the Lansing Island

bridge, mile 0.7, shall open on signal,except that during the evening hoursfrom 10 p.m. to 6 a.m. from Sundayevening until Friday morning, excepton evenings preceeding a Federal holi-day, the draw shall open on signal if atleast 2 hours notice is given.

(b) The draw of the Tortoise Islandbridge, mile 2.6, shall open on signal;except that from 10 p.m. to 6 a.m. fromSunday evening through Friday morn-ing, the draw shall open on signal if atleast 2 hours advance notice is given.From 10 p.m. to 6 a.m. on Friday andSaturday and on evenings immediatelypreceding Federal holidays, the drawshall open on signal if at least 30 min-utes advance notice is given.

[CGD7—92-113. 58 FR 31474, June 3, 1993, asamended by CGD07—98—048,64 FR 30391. June8. 1999]

§ 117.287 Gulf Intracoastal Waterway.

(a) Public vessels of the UnitedStates and tugs with tows must bepassed through the drawspan of eachdrawbridge listed in this section atanytime.

(a—1) The draw of the Boca GrandeSwingbridge, mile 34.3, shall open onsignal; except that, from 7 a.m. to 6p.m., Monday through Friday, except

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Page 4 of 9

§ I 17.287

Federal holidays, the draw need openonly on the hour and half hour. On Sat-urday, Sunday and Federal holidays,from 7 a.m. to 6 p.m., the draw needopen only on the hour, quarter hour,half hour and three quarter hour.

(a—2) The draw of the Venice Avenuebridge, mile 56.6 at Venice, shall openon signal, except that from 7 a.m. to4:30 p.m., Monday through Friday ex-cept Federal holidays, the draw needopen only at 10 minutes after the hour,30 minutes after the hour and 50 min-utes after the hour and except between4:35 p.m. and 5:35 p.m. when the drawneed not open.

(b) The draw of the Hatchett Creek(US-41) bridge, mile 56.9 at Venice,shall open on signal, except that, from7 a.m. to 4:20 p.m., Monday throughFriday except Federal holidays, thedraw need open only on the hour, 20minutes after the hour, and 40 minutesafter the hour and except between 4:25p.m. and 5:25 p.m. when the draw neednot open. On Saturdays, Sundays, andFederal holidays from 7:30 a.m. to 6p.m. the draw need open only on thehour, quarter-hour, half-hour, andthree quarter-hour.

(b—1) Stickney Point (SR 72) bridge,mile 68.6, at Sarasota. The draw shallopen on signal, except that the drawneed open only on the hour, twentyminutes past the hour, and forty min-utes past the hour, from 6 a.m. to 10p.m., Monday through Friday, exceptFederal holidays.

(c) The draw of the Siesta DriveBridge, mile 71.6 at Sarasota, Floridashall open on signal, except that from7 a.m. to 6 p.m., Monday through Fri-day, except Federal holidays, the drawneed open only on the hour, twentyminutes past the hour and forty min-utes past the hour. On weekends andFederal holidays, from 11 a.m. to 6p.m., the draw need open only on thehour, twenty minutes past the hourand forty minutes past the hour.

(d)(1) Cortez (SR 684) Bridge, mile87.4. The draw shall open on signal, ex-cept that from 6 a.m. to 7 p.m., thedraw need only open on the hour, 20minutes after the hour, and 40 minutesafter the hour. From January 15 toMay 15, from 6 a.m. to 7 p.m., the drawneed only open on the hour and halfhour.

33 CFR Ch. I (7-1-IO Edition)

(2) Anna Maria (SR 64) (Manatee Ave-nue West) Bridge, mile 89.2. The drawshall open on signal, except that from6 a.m. to 7 p.m., the draw need onlyopen on the hour, 20 minutes after thehour, and 40 minutes after the hour.From January 15 to May 15, from 6 a.m.to 7 p.m., the draw need only open onthe hour and half hour.

(3) [Reserved](4) Pinellas Bayway Structure “E”

(SR 679) bridge, mile 113.0 at St. Peters-burg Beach. The draw shall open onsignal, except that from 9 a.m. to 7p.m. the draw need open only on thehour and 30 minutes past the hour.

(e) The draw of the Pinellas Bayway,Structure “C” bridge, mile 114, at St.Petersburg Beach shall open on signal;except that from 7 a.m. to 7 p.m., thedraw need open only on the hour, twen-ty minutes past the hour, and fortyminutes past the hour.

(f) The draw of the Corey Causeway(SR693) bridge, mile 117.7 at SouthPasadena, shall open on signal; exceptthat, from 8 a.m. to 7 p.m. Mondaythrough Friday, and 10 a.m. to 7 p.m.Saturdays, Sundays, and Federal holi-days, the draw need be opened only onthe hour, 20 minutes after the hour,and 40 minutes after the hour.

(g) The draw of the Treasure IslandCauseway bridge, mile 119.0, shall openon signal, except that from 7 a.m. to 7p.m. the draw need open only on thehour, quarter hour, half hour and threequarter hour. From 11 p.m. to 7 a.m.the draw shall open on signal if at least10 minutes advance notice is given.

(h) The draw of the Welch Causeway(SR699) bridge, mile 122.8 at MadieraBeach, shall open on signal; exceptthat, from 9:30 a.m. to 6 p.m. on Satur-days, Sundays, and Federal holidays,the draw need be opened only on thehour, 20 minutes after the hour, and 40minutes after the hour.

(i) The draw of the Belleair BeachDrawbridge, mile 131.8, Clearwater, FLshall open on signal, except that from7 a.m. to 7 p.m., the bridge shall openon the hour and half-hour.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]

EDITORIAL NOTE: For FEDERAL REGISTER ci-tations to §117.287, see the List of CFR Sec-tions Affected. which appears in the FindingAids section of the printed volume and onGPO Access.

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~,;at ,—g-1;‘gB:e-agh‘A R I D A

TO: l-lon. Mayor and Board of Commissioners

THROUGH: Robert Daniels, Interim City Manager

FROM: Linda Portal, Community Development Director, Curt Preisser, Public InformationSpecialist

RE: Prohibiting Smoking on Beaches

Background

Madeira Beach is the latest community to express an interest in creating an ordinance prohibitingsmoking on public beaches. Communities throughout Florida have unsuccessfully attempted to

place and enforce such prohibitions on their public beaches. The most recent and notable attempt

was made by Sarasota County which passed an ordinance in 2007 prohibiting smoking on itsbeaches lost the right to enforce the ban after being sued by the ACLU in 2013. The deciding factorin the case was a ruling citing the same amendment that banned smoking in 2003 as alsopreempting the regulation of tobacco use to the state (386209), meaning that if any further changesin Florida’s smoking laws were to occur, they would have to come from the Florida Legislature.

That 2003 statute remains on the books today. The latest attempt to enact a state-wide ban on

smoking on beaches was Senate Bill 218 ?led by State Senator Joe Gruters of Sarasota and State

Representative Thad Altman of Indialantic. The bill never made it out of the Environment andNatural Resources Committee.

Fiscal Imgact

N/A

Recommendation

N/A

Attachment(s):

Florida Statute 386.209

Revised —- July, 2019

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FloridaStatute

386.209 Regulation ofsmoking preempted to state.--This part expressly preempts regulation ofsmoking to the state and supersedes any municipal or county ordinance on the subject.

Page 7 of 9

Revised – July, 2019

TO: Hon. Mayor and Board of Commissioners

THROUGH: Robert Daniels, Interim City Manager

FROM: Deb Laramee, Interim Public Works/Marina Director Albert Carrier, PE, PSM, Engineer of Record

DATE: August 27, 2019

RE: Construction Oversight Tasks Force

Background

Several city residents have requested that a Task Force be formed that would allow the residents to review, provide oversight and recommendations on the city’s Capital Improvement Projects. The Task Force may become involved in projects at the conceptual design phase, during the technical design and/or during construction. The Task Force would report directly to the City’s Public Works Director and interact with city staff, consultants and vendors working on Capital Improvement Projects for the city.

It is anticipated that a maximum of five members will sit on the Task Force for any Capital Improvement Project and the members shall be appointed by the Board of Commissioners. The majority of the Task Force members shall be experts in either transportation, planning, engineering, construction, architecture or municipal law, etc,, depending on the nature of the project.

The Task Force responsibilities may include:

• Identify project needs • Review project scope and budget • Ensure the project meets the intended goals • Review and comment on the project plans, specifications and bid documents • Assist in finding alternative funding sources • Assist with public outreach • Review project documents for constructability • Assist the Bid Committee with reviewing Request for Proposals and the public bid

opening process • Provide CIP status updates to the BOC

Page 8 of 9

Revised – July, 2019

Fiscal Impact

Fiscal impact is expected to be limited to costs associated with making paper copies of plans and specifications, permit documents.

Recommendation

Staff recommends approval of the creation of Construction Oversight Tasks Force.

Attachment(s):

Page 9 of 9