08/07/2008
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August 7, 2008
Present: Frank Hibbard Mayor
George N. Cretekos Vice-Mayor
John Doran Councilmember
Carlen Petersen Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Jill S. Silverboard Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Nathan Akers of New Destiny Worship Center. The Mayor led the Pledge
of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Presentations: Given
4.1. 2008 Legislative Session Report - Senator Mike Fasano
4.2. Alternative Transportation - Sandi Moody, Executive Director, Bay Area Commuter Services
4.3. Presentation of Check to Pinellas Hope
4.4 Diversity Poster Contest Prize
4.5. Supervisor of Elections Presentation: Election Update
5 - Approval of Minutes
5.1. Approve the minutes of the July 17, 2008 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the July 17, 2008, City
Council Meeting as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
- None
Public Hearings - Not before 6:00 p.m.
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7Second Readings - Public Hearing
-
7.1. Adopt Ordinance 7958-08 on second reading, annexing certain real property whose post
office address is 3147 Downing Street into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7958-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7958-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.2. Adopt Ordinance 7959-08 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 3147 Downing Street, upon annexation into the City of Clearwater, as
Residential Urban (RU).
Ordinance 7959-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7959-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.3. Adopt Ordinance 7960-08 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 3147 Downing Street, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7960-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7960-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.4. Adopt Ordinance 7961-08 on second reading, annexing certain real property whose post
office address is 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of
Douglas Manor Lake Subdivision, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7961-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7961-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
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"Nays": None.
7.5. Adopt Ordinance 7962-08 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of
Douglas Manor Lake Subdivision, upon annexation into the City of Clearwater, as Residential
Low (RL).
Ordinance 7962-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7962-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.6. Adopt Ordinance 7963-08 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1460 Dexter Drive, together with the
right-of-way abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7963-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7963-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.7. Adopt Ordinance 7968-08 on second reading, annexing certain real property whose post
office address is 1762 West Manor Avenue into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7968-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7968-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.8. Adopt Ordinance 7969-08 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 1762 West Manor Avenue, upon annexation into the City of Clearwater, as
Residential Low (RL).
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Ordinance 7969-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7969-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.9. Adopt Ordinance 7970-08 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1762 West Manor Avenue, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7970-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7970-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.10. Adopt Ordinance 7975-08 on second reading, amending the Zoning Atlas of the city by
rezoning certain property whose post office address is 1241, 1261 and 1281 Gulf Boulevard,
from Business (B) to Commercial (C).
Ordinance 7975-08 was presented for second reading and read by title only.
Michael Foley, representing the property owner, requested this action be postponed.
One person spoke in support of the item.
The City Attorney said the City is moving forward with updating the zoning for all
Business zoned properties on Sand Key.
Councilmember Cretekos moved to pass and adopt Ordinance 7975-08 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, and Hibbard.
"Nays": Petersen.
Motion carried.
7.11. Adopt Ordinance 7979-08 on second reading, amending the operating budget for the fiscal
year ending September 30, 2008 to reflect increases and decreases in revenues and
expenditures for the general fund, special development fund, special program fund, water and
sewer fund, stormwater utility fund, gas fund, solid waste fund, recycling fund, airpark fund,
parking fund, and central insurance fund.
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Ordinance 7979-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7979-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.12. Adopt Ordinance 7980-08 on second reading, amending the capital improvement budget
for the fiscal year ending September 30, 2008, to reflect a net increase of $3,914,347.
Ordinance 7980-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7980-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.13. Adopt Ordinance 7981-08 on second reading, relating to the neighborhood and affordable
housing advisory board; amending code of ordinances, Article 2, Division 9A, Sections 2.226
through 2.229; increasing the number of board members from seven to eleven and providing for
qualifications of said members; providing for powers and duties of the board; providing
procedures for the board’s adoption of final housing incentive strategies recommendations;
updating obsolete language; amending code of ordinances Section 2.063 to provide an
exception from the city residency requirement for certain members of the neighborhood and
affordable housing advisory board.
Ordinance 7981-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7981-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.14. Adopt Ordinance 7982-08 on second reading, amending Chapter 2, Article III, Division 2,
Code of Ordinances relating to the Airpark Advisory Board; amending Section 2.082 relating to
composition of the board; amending Section 2.083, terms of members; amending Section 2.084,
powers and duties; and deleting Section 2.085.
Ordinance 7982-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7982-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
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7.15. Adopt Ordinance 7991-08 on second reading, submitting to the city electors proposed
amendments to the City Charter amending Section 8.05, Elections; amending Section 8.05(D),
deleting current language and providing that the Pinellas County Canvassing Board shall serve
as the City of Clearwater’s Canvassing Board unless otherwise provided by ordinance.
Ordinance 7991-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7991-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.16. Adopt Ordinance 7992-08 on second reading, amending Section 28.041, Code of
Ordinances, to create an exemption to the prohibition against street solicitations in specified
conditions.
Ordinance 7992-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7992-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, and Hibbard.
"Nays": Petersen.
Motion carried.
7.17. Continue Public Hearing and 2nd Reading of Ordinances for Land Use and Zoning
Amendments for 1551 Gulf Blvd. to October 2, 2008. (LUZ2008-05002)
AND
7.18. Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1180 and 1200
Gulf Blvd. to October 2, 2008. (REZ2008-05003)
AND
7.19. Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1520, 1540, and
1560 Gulf Blvd. to October 2, 2008. (REZ2008-05004)
AND
7.20. Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1501 Gulf Blvd. to
October 2, 2008. (REZ2008-05005)
Councilmember Cretekos moved to continue Items 7.17, 7.18, 7.19, and 7.20 to October
2, 2008. The motion was duly seconded and carried unanimously.
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City Manager Reports
8 - Consent Agenda
- Approved as submitted less Item 8.4
8.1. Declare the list of vehicles and equipment surplus to the needs of the City and authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida,
and authorize the appropriate officials to execute same. (consent)
8.2. Approve the agreements with Tower Optical for coin-operated viewers at Pier 60 and the
Marina and authorize the appropriate officials to execute same. (consent)
8.3. No Item
8.4. See page 8.
8.5. Approve submission of a FY 2008 Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance grant application in the amount of
$30,414 to fund the purchase of Tactical Weapons Illuminators and Holsters. (consent)
8.6. Approve acceptance of a FY 2008 Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) grant in the amount of $99,730 for a one-year period to fund the Clearwater Area
Task Force on Human Trafficking Immersion Training Project. (consent)
8.7. Approve a Contract (Blanket Purchase Order) for $250,000 to Wingfoot Commercial Tire of
Clearwater, FL for the purchase of Goodyear tires for City Motorized equipment per piggyback
of Florida State Contract 863-000-06-1 and authorize the appropriate officials to execute same.
(consent)
8.8. Approve the amendment of the Capital Improvement Program (CIP) to restructure current
Water and Sewer Utility funding by increasing project budgets by $4,016,791 of planned FY09
revenue bond proceeds and decreasing project budgets by $4,016,791 of operating revenues
for a net change of zero. (consent)
8.9. Renew a contract (Purchase Order) to Allied Universal Corporation of Miami, FL from
September 1, 2008 through June 30, 2009 for a total value of $142,450 for Liquid Sodium
Hypochlorite; approve a 91-day extension and an increase to an existing purchase order to
Odyssey Manufacturing Co, Tampa, Florida, increasing the value by $65,683 for a total amount
of $165,043 and authorize the appropriate officials to execute same. (consent)
8.10. Set IAFF Impasse Hearing for September 18, 2008 at 9:00 a.m. (consent)
Councilmember Doran moved to approve the Consent Agenda less Item 8.4, as
submitted and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
8.4. Approve renewing a contract with the Pinellas County Sheriff’s Office, Largo, Florida, for
latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile
Assessment Center services, during the one year contract period commencing October 1, 2008,
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through September 30, 2009, at a cost of $647,362 and authorize the appropriate officials to
execute same. (consent)
The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department
(CPD) began annual contractual agreement for services in January 1994. The agreements
covered latent fingerprint examination, property/evidence storage, and crime scene processing
services. The total cost of the proposed FY 2008/2009 agreement is $647,362. The contractual
price reflects an increase of approximately 14% for currently provided services and an additional
$57,362 for PJAC (Pinellas Juvenile Assessment Center) security. CPD has never been
charged for this service.
The proposed contractual agreement reflects breakout of costs: Fingerprint Services -
$95,620; Forensic Science Services (Crime Scene Processing) - $352,000 (2,200 calls @
$160/call), requests for services in excess of 2,200 calls will be invoiced monthly at a rate of
$160/call. In addition, any funds from unused calls for service from FY 2008/2009 shall be
applied toward the following year’s contractual agreement; Evidence and Property Service and
Storage - $142,380. This cost is inclusive of personnel and storage costs, and is an increase of
$79,878 over FY 2007/2008 charges for the same category. The Sheriff's previous charges
have not covered that department’s cost for providing these services. In order to bring the fees
up to a level to cover those costs, rates will be increased over the next two years. This year's
increase represents the main reason for the 14% overall increase in the cost for this contract.
Additionally, for the first time, PCSO is charging all Pinellas County law enforcement
agencies their respective share of the cost of providing security for the Pinellas Juvenile
Assessment Center. Clearwater's share is $57,362, based on the number of juvenile bookings
made by CPD into PJAC the previous year, totaling 667, reflecting a cost of $86/booking. Billing
for requests for service in excess of the 667 bookings during the term of this contract shall be
invoiced at the rate of $86/booking. Any excess funds from unused bookings will carry over to
the following year.
The City Attorney said staff is reviewing the Sheriff’s authority to assess the City for
PJAC charges. It was suggested that the City work with other cities to provide in-house forensic
services. Concern was expressed that all jurisdictions pay their fair share of cost increases.
Councilmember Gibson moved to continue Item 8.4 to August 21, 2008. The motion
was duly seconded and carried unanimously.
9 - Other items on City Manager Reports
9.1. Approve amendments to Code Section 2.527, Settlement of Claims, and pass Ordinance
7964-08 on first reading.
Risk Management is recommending that the settlement ordinance be modified to
streamline the City’s ability to settle claims under $25,000. It increases Risk Management’s
authority to $7,500 and $15,000 for Risk and Legal, and $25,000 for City Manager, Risk
Management and Legal. It does not change the level in which Council approval is required;
such level shall remain at $25,000. Additionally, and regardless of the amount, the proposed
ordinance will not require Council approval if the settlement is being made from insurance
proceeds and not City funds.
Council 2008-08-07 8
Councilmember Petersen moved to approve amendments to Code Section 2.527,
Settlement of Claims. The motion was duly seconded and carried unanimously.
Ordinance 7964-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7964-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.2. Approve amendments to the City’s self-insurance program ordinance as codified in Section
2.641-2.647 and pass Ordinance 7965-08 on first reading.
Risk Management and Finance is recommending that the self-insurance program
ordinance be modified to clarify language and reflect changes in procedures that have occurred
since the ordinance’s inception. The proposed ordinance reflects the self-administered status of
the City and clarifies the use of in-house adjusters and servicing agents as necessary to settle
claims. ·It updates the name of the insurance reserve fund to the central insurance fund and
removes language having to do with how the central insurance fund monies are invested, as
this is now addressed in the City’s investment policy. It removes the minimum $50,000 amount
required in the central insurance fund before the City Manager or his/her designee, opts to self-
insure an exposure.
Councilmember Cretekos moved to approve amendments to the City’s self-insurance
program ordinance as codified in Section 2.641-2.647. The motion was duly seconded and
carried unanimously.
Ordinance 7965-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7965-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.3. Authorize the Negotiated Sale of not to exceed $12,900,000 City of Clearwater
Improvement Revenue Bonds, Series 2008 to Branch Banking and Trust Company (BB&T) to
finance a portion of the project costs incurred to construct the Downtown Boat Slips and Beach
Walk and adopt Resolution 08-17.
The Council previously adopted resolutions 06-08 and 07-13 establishing the intent to
reimburse certain project costs incurred to construct Beach Walk and the Downtown Boat Slips
with the proceeds from future tax-exempt financing. Raymond James and Associates, Inc., the
City’s Financial Adviser, has determined the most favorable financing vehicle currently available
is a negotiated bank loan. A RFP (Request for Proposals) was issued on July 1, 2008, to solicit
interested banks and financial institutions to provide the loan and the City received three
Council 2008-08-07 9
competitive proposals. These proposals were compared to what the City could expect from a
traditional bond sale to insure that the City is using the best financing option.
Branch Banking and Trust Company (BB&T) submitted the proposed loan package that
provides for the most advantageous financing option for the City. The loan will be for $12.9
million at 4.66% fixed rate interest repaid over 20 years.
The Beach Walk portion of the debt payments will be paid from the General Fund and
has a maximum annual debt payment of $295,630. The preliminary 2009 budget includes
$315,000 for the Beach Walk debt payment.
The Boat Slips portion of the debt payments includes two years of capitalized interest
(borrow two years of interest payments as well as the cost of construction) and has no principal
payment until the third year. This is to enable the construction of the boat slips and start up of
the operation prior to beginning to repay the debt. The maximum annual debt payment is
$763,668. These debt services payments will be made from the Downtown Boat Slips
Enterprise Fund from revenue generated from the Boat Slips. An updated proforma schedule
for Downtown Boat Slips, shows slips in operation for three months in FY (Fiscal Year) 2009
(expected opening July 2009) and includes updated debt payments. This schedule shows an
average of over $222,000 net income (cash basis) over the course of the 40-year expected life.
The Enterprise Fund, as well as appropriate debt service funds, will be established at the
time the bonds are issued. An agenda item will be brought forward to the Council in FY 2009
requesting the establishment of the appropriate budget in the Boat Slip Enterprise Fund and
FTEs (Full-Time Equivalents) to operate the boat slips when completion of construction gets
closer and a firm date for the opening of the facility is determined. Closing on these bonds is
anticipated to be on August 12, 2008.
Councilmember Petersen moved to authorize the Negotiated Sale of not to exceed
$12,900,000 City of Clearwater Improvement Revenue Bonds, Series 2008 to Branch Banking
and Trust Company (BB&T) to finance a portion of the project costs incurred to construct the
Downtown Boat Slips and Beach Walk. The motion was duly seconded.
Upon the vote being taken, the motion carried unanimously.
Resolution 08-17 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 08-17 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.4. Adopt revised formulas for the purpose of computing fees for non-residents to participate at
City recreation facilities and in City recreation programs and activities; eliminate some of the
options in lieu of non-resident card purchase; approve the City Manager or his or her designee
to change the surcharge factor; and pass Ordinance 7983-08 on first reading.
Council 2008-08-07 10
On February 2, 2005, the City Council revised a 1993 formula for the purpose of
computing fees for non-residents and approved the City Manager or his designee to administer
the formula. The formula adopted at that time: Department O & M Budget plus Indirect
Overhead minus Budgeted Revenue divided by Population equals Subtotal. Subtotal plus
Capital Recovery Component plus Card Processing Fee equals Non-Resident Yearly Fee.
One of the City’s Tier 1 budget initiatives is to modify the formula by adding a surcharge
recovery fee to this formula. If approved, the surcharge recovery fee may be adjusted by the
City Manager or his or her designee in order to address the economic climate.
In addition, as part of this recommendation the elimination of some of the options in lieu
of non-resident card purchases are included. Specifically, options to be eliminated are as
follows: 1) Participants of youth seasonal recreation programs and 2) Participants at
Lawnbowls, Shuffleboard, Horseshoe Club and Three-Score Softball. This then would require
all participants in these programs and organizations to purchase a non-discounted individual
non-resident card based on the approved formula.
If approved, these changes will result in approximately $115,000 in additional revenue.
The new fees and elimination of discounted fees will take effect on October 1, 2008. As a
matter of information, the resident recreation card will be increased from $5 per person and $25
per family to $7 per person and $35 per family beginning October 1, 2008. Based on the new
formulas, the proposed fees for non-residents are as follows:
2007/08 Proposed 2008/09 Proposed 2008/09
Current Rates Based on Rates Based on
Rates Current Ordinance Proposed Ordinance
Annual Individual Card (IC) $90 $120 $180
Annual Family Card (IC x 2.5) $225 $300 $450
Single Season Sports Fee (IC x 40%) $36 $48 N/A
Youth Seasonal Rec Program (IC x 40%) $36 $48 N/A
Adult Seasonal Rec Program (IC x 40%) $36 $48 N/A
Lawnbowl, Shuffleboard, Horseshoe Club,
$36 $48 N/A
and Three-Score Softball (IC x 40%)
Councilmember Cretekos moved to adopt revised formulas for the purpose of computing
fees for non-residents to participate at City recreation facilities and in City recreation programs
and activities; eliminate some of the options in lieu of non-resident card purchase; approve the
City Manager or his or her designee to change the surcharge factor. The motion was duly
seconded and carried unanimously.
Ordinance 7983-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7983-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
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"Nays": None.
9.5. Authorize the Chief of Police to execute a Multi-Agency Voluntary Cooperation Mutual Aid
Agreement with the Office of the Attorney General Child Predator Cyber Crime Unit, adopt
Resolution 08-16, and authorize the appropriate officials to execute same.
The Police Department, pursuant to Section 23.1225(1)(a) Florida Statutes, will enter
into an agreement with the Office of the Attorney General Child Predator Cyber Crime Unit
(CPCU) and other agencies. The principal purpose of this multi-agency agreement is to
facilitate resource sharing among agencies and the successful prosecution of violators of the
Internet Crimes against Children laws, with particular emphasis to identify and dismantle
organized criminal enterprises. In addition, emphasis shall be placed on targeting violators that
commit criminal acts in multiple jurisdictions and/or multiple judicial circuits. This agreement will
assist Clearwater detectives engaged in these investigations that originate in or have other
connections to the City of Clearwater jurisdiction. The agreement does not contemplate the full
time detachment of any personnel.
Section 23.1225(3) Florida Statutes provides for mutual aid agreements between law
enforcement agencies in the State and requires approval and execution by an officer "who is
authorized to contractually bind the agency" therefore requiring approval of the City Council for
this agreement. This agreement shall become effective upon execution by the Director of the
Office of the Attorney CPCU and at least one other participating agency. As each additional
party executes this agreement, it shall be effective as to the newly executing party. This
Agreement shall remain in full force as to all participating parties until December 31, 2011,
unless canceled in writing by the Director or Chief of Law Enforcement of the Office of the
Attorney General’s CPCU, or as canceled in writing by an individual party.
Councilmember Petersen moved to authorize the Chief of Police to execute a Multi-
Agency Voluntary Cooperation Mutual Aid Agreement with the Office of the Attorney General
Child Predator Cyber Crime Unit, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
Resolution 08-16 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 08-16 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.6. Approve the State of Florida Department of Transportation contract renewal for sweeping
state roadways as outlined in the Maintenance Agreement, FIN project 42193917201 and adopt
Resolution 08-13.
The maintenance agreement between the Florida Department of Transportation and the
City of Clearwater approved by Council on September 20, 2007, for the sweeping of various
state roadways in 26 cycles will expire on December 6, 2008. The City of Clearwater Legal
Staff has coordinated the scope of services with the FDOT representative. Renewal is subject
to the terms and conditions as outlined in the maintenance agreement scope of services,
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designated sweeping locations, and method of compensation. FDOT Standard Agency Format
requires conformance with the Manual of Uniform Traffic Control Devices (MUTCD). The Public
Services Department has the necessary equipment to conform to the MUTCD, i.e.… a shadow
truck with an attenuator and arrow board. FDOT compensation for services is based on miles of
sweeping completed, currently estimated at $40,876.94 annually (at $70.30 per mile).
Operating costs to provide these services are approximately $52 per mile.
Councilmember Cretekos moved to approve the State of Florida Department of
Transportation contract renewal for sweeping state roadways as outlined in the Maintenance
Agreement, FIN project 42193917201. The motion was duly seconded and carried
unanimously.
Resolution 08-13 was presented and read by title only. Councilmember Gibson moved
to pass and adopt Resolution 08-13 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None
9.7. Award a contract to Dolphin Communications Services, Inc., St. Petersburg, FL in the
amount of $312,798, for the installation of conduit and fiber optic cable in support of emergency
operations preparedness at various City facilities and authorize the appropriate officials to
execute same. (consent)
The City's Emergency Management Committee has determined that the recently
renovated Station 48 training facility needs to be equipped to function as an EOC (Emergency
Operations Center) for this hurricane season. The timing of this decision and the need to
provide for additional scalable technology support services at this location requires that the
installation of fiber optic cabling be expedited to support this EOC.
This vendor is recommended based upon past performance, cost competitiveness, and
familiarity with the City's existing fiber deployment. The renovated Station 48 is a reinforced
structure rated to withstand Category 5 storm intensities. This facility will provide back-up data
and voice communications support on the City's wide area network, and will be capable of
providing primary support for operations in the event that the MSB (Municipal Services Building)
and Police Main Buildings are rendered unusable for any reason.
Information Technology Director Dan Mayer said this installation was expedited to
update Station 48, where an EOC can be operational within 45 days. Once informed that the
Police main building was rated for a low Category one storm, the committee thought that storm
event operations should no longer be headquartered in the Police EOC. Staff felt these
extenuating circumstances created an acceptable exception to the normal bidding process.
While bundling this installation provided an economy of scale, Mr. Mayer estimated bidding the
project might have saved 5%.
Opposition was expressed to no bid contracts. It was felt that Council should advise
staff if the current no bid process requires clarification.
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Councilmember Petersen moved to award a contract to Dolphin Communications
Services, Inc., St. Petersburg, FL in the amount of $312,798, for the installation of conduit and
fiber optic cable in support of emergency operations preparedness at various City facilities and
authorize the appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
9.8. Appoint a youth member to the Sister Cities Advisory Board with the term expiring on
August 31, 2012.
Councilmember Petersen moved to appoint Katie Bosley. The motion was duly
seconded and carried unanimously.
Miscellaneous Reports and Items
10 - City Manager Verbal Reports
Gulfview/Coronado closures
In his August 7, 2008 letter, Ryan Little of Bovis Land Lease requested permission to
use Gulfview Boulevard on August 16 – 17, from 6:00 a.m. to dusk to facilitate crane activities at
the Aqualea construction site. The City Manager noted staff concerns about closing the street
for the entire weekend. Bovis agreed to remove the west crane on August 16, no activity on
August 17, and to raise the north crane on August 18, 2008, which also will require closure of
Coronado and the beach closest to Sundial Plaza. Police Lieutenant Wayne Andrews said
Bovis is establishing a MOT (Movement of Traffic) and paying police officers to direct traffic
during the closures.
Consensus was to approve Gulfview closure from Pier 60 to Fifth Street between 6:00
a.m. and dusk on August 16, 2008, and to close Gulfview and Coronado and vacate the beach
closest to Sundial Plaza on August 18, 2008, between 6:00 a.m. and dusk to facilitate crane
activities on the Aqualea construction site.
11 - Council Discussion Items
11.1. Spiritual Change Request for Funding
In his July 16, 2008 letter, Executive Director Jonathan Wade requested $36,000 in non-
recurring funding for A Spiritual Change, Inc. in North Greenwood. Since February 2008, ASC
has partnered with the Pinellas County Urban League Career Connections program, which
funds a full-time employment specialist at the ASC building. Many ASC clients are ex-offenders
without employability skills, trying to earn their way back into the community. Following funding
cuts, ASC needs help to implement its plan to replace lost income and generate new revenue
streams. ASC plans to hire a grant writer and has identified potential funders. ASC services
include substance abuse prevention and intervention counseling, kinship support programs, and
employment services.
Mr. Wade said ASC services are not duplicated in the community. He said he had not
intended to request additional funding from the City after its contribution to ASC’s bricks and
mortar, however, JWB (Juvenile Welfare Board) changed its funding and ASC lost operating
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money. He said ASC operates beyond its staffing capacity and he has not collected a paycheck
in 90 days. He estimated the grant writer would cost $12,000/annually. He said monthly
operating costs are $2,000.
Support was expressed for Mr. Wade’s accomplishments and his services that help
prevent problems associated with unemployed ex offenders. Mr. Wade reviewed efforts to
obtain funding. Concerns were expressed that many agencies would approach the Council with
special requests if a precedent is established. It was noted ASC should have applied for CDBG
(Community Development Block Grant) funds. Mr. Wade said he did not know about the
shortfall at the application deadline and the maximum award through the Consolidated Action
Plan was $5,000.
Discussion ensued regarding funding options. It was recommended that funding be
provided quarterly with quarterly performance reports required.
Councilmember Gibson moved to approve a $35,368 contribution from the flexibility fund
to A Spiritual Change, Inc., distributed in quarterly payments with the agency submitting
quarterly performance reports. The motion was duly seconded. Upon the vote being taken,
Councilmembers Petersen, Doran, and Gibson, and Mayor Hibbard voted “Aye”;
Councilmember Cretekos voted “Nay.” Motion carried.
11.2. Dogs on the Beach - Councilmember Doran
In his July 15, 2008, letter to the City Manager, Clearwater Audubon Society
representative Paul Trunk requested the City ban dogs from north Clearwater beach to protect
shorebird nesting areas.
Lt. Andrews said signs had been posted on north beach to keep dogs away from nesting
birds and reported good success with property owner participation. He suggested modifying the
ordinance to require dogs to be leashed. The City Attorney said the basis for regulation would
be to protect birds on the nest no matter who owned the dogs.
Discussion ensued with concerns expressed regarding resources necessary to enforce a
ban, the rights of beachfront property owners, and that the City should not adopt ordinances it
does not intend to enforce. Suggestions were made that an ordinance would discourage people
from allowing their dogs to disturb shorebird nests and that north beach volunteers may be a
solution. It was recommended that the Clearwater Beach Association consider the issue before
the City Council made a decision.
The majority requested that the Environment Advisory Board review nesting bird issues
on north beach.
The City Manager said the City issues permits for the Carlouel Yacht Club to set off
fireworks from the public beach and this noisy activity also might disturb nesting birds.
The City Council recessed from 8:46 to 8:51 p.m.
11.3. Royalty Theater Appraisal - Councilmember Gibson
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Concern was expressed that the City is spending money on an appraisal for the Royalty
Theater before the City Council discussed Ruth Eckerd’s request for the City purchase to it. It
was stated the City Council cannot make a decision without first obtaining an appraisal.
Support was expressed for preserving historic buildings in Clearwater.
The majority agreed to have the Royalty Theater appraisal done.
11.4. Beach Parking Garage Options - Councilmember Gibson
It was stated that the owner of a parcel that could be part of a site for a beach parking
garage does not want to lose her business and is willing to reduce the property’s cost for a swap
of 2,000 square-feet of unfinished space plus parking spaces in the new parking garage. The
City Attorney said the Charter dictates that all private parties would have to bid for such space.
Realtor Mark Searcy said the property owner is asking $1.2 million, non-discounted, for
the parcel. Its purchase would result in a 0.9-acre assemblage at a cost of $5 million. City
Engineer Mike Quillen said the assemblage would be sufficient to construct a five-story, 300-
space parking garage. If retail space is added, 300 spaces would not be possible. Assistant
City Manager Rod Irwin said Beach by Design allows heights up to 100 feet under certain
circumstances.
Concerns were expressed that it would be risky for the City to manage retail property
and that it should not compete with the private sector. It was felt the government’s only interest
should be in providing parking.
Mr. Irwin reported someone is trying to acquire the Lucca property, with efforts taking
time to resolve. The purchaser is requesting a letter of interest from the City.
Consensus was to approve a letter of interest to purchase a piece of the Lucca property
with a stipulation that the City will continue looking at other sites.
12 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; welcomed Duncan Wright who was working on a Boy Scout merit badge.
Councilmember Doran complimented Vice-Mayor Cretekos’ efforts; encouraged
residents to participate in Clearwater 101.
Councilmember Petersen attended CPR/AED training and encouraged others to also be
trained.
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Mavor Hibbard thanked Vice-Mayor Cretekos for stepping in; congratulated Katrina
George of Powerful Young Adults; congratulated Clearwater City Players.
13 . Adjourn
The meeting adjourned at 9:36 p.m.
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Council 2008-08-07
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