11/06/2008
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 6, 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
Rosemarie Call Management Analyst
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Willy Rice of Calvary Baptist Church. 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:
4.1. Key to the City Presented to Lillian Trickel
4.2. Letter of Recognition - Fred McCool - Humane Society of Pinellas
4.3. Proclamation: Big East Champion USF Bulls Softball Team Weekend: Nov. 14 – 16, 2008
4.4. Clearwater Housing Authority - Update to Mayor and City Council (Robert Aude, Chair)
4.5. Ironman Presentation
Parks and Recreation Director Kevin Dunbar reviewed route information.
4.6. Bimonthly Team Award – November/December 2008
Presented to Police House Fire Rescue Team, Officers Davis Marshall, Christopher
Lyons, Douglas Bailey and Nicholas Giordano.
5 - Approval of Minutes
5.1 Approve the minutes of the October 15, 2008 City Council Meeting, as submitted in written
summation by the City Clerk.
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Councilmember Petersen moved to approve the minutes of the October 15, 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
John Wiser said a history of Countryside is being compiled..
Rev. Floyd Irwin expressed concerns regarding people being falsely imprisoned.
Duke Tieman thanked Council and staff for the support and friendship given during the
last 10-months as he and his wife recovered and rebuilt their home after a fire.
Public Hearings - Not before 6:00 p.m.
7 -Administrative Public Hearings
7.1. Approve amendments to the Clearwater Comprehensive Plan to update the Capital
Improvements Element, making corrections and modifications pursuant to the updated schedule
of the City's Capital Improvement Program Budget adopted on September 18, 2008, and
updating the reference to the School District's Five-Year Work Program as adopted by the
School Board on September 9, 2008 and pass Ordinance 8016-08 on first reading.
As per Florida State Statutes, an annual amendment is required to the Clearwater
Comprehensive Plan to update the Capital Improvements Element (CIE) related to the City's
current Capital Improvement Program Budget and to update the dates of the School District's
Five-Year Work Program. The fundamental purpose of a Capital Improvements Element (CIE)
is to ensure that the community is able to fund the public facilities supported in the
Comprehensive Plan Elements in alignment with the community's (minimum five-year) schedule
of the Capital Improvement Program (CIP) budget.
The amendment package includes: 1) Corrections and modifications to the CIE pursuant
to the updated schedule of the City's CIP Budget adopted on September 18, 2008 and 2) The
required update to the CIE regarding the reference to the School District's Five-Year Work
Program of FY2008/09 through 2012/13 as adopted by the School Board on September 9,
2008.
The following summarizes the corrections and modifications that are being made to the
CIE (with Comprehensive Plan page numbers included): 1) Capital Improvements Summary
(page I-1): Deleted previous eight examples of CIP projects from FY1999/00 budget and
updated with examples of five CIP projects for FY2008/09 through FY2013/14 (six-year CIP
program as adopted by Ordinance 8006-08 on September 18, 2008); 2) Policy 32.1.2 (page I-2),
modified to add the City's six-year Capital Improvement Program (CIP) schedule to the element
as "Schedule I-A"; and 3) Policy 32.7.6 (page I-10), relative to the updated School District's
Five-Year Work Program, is updated to "FY 2008/09 through FY2012/13", as approved by the
School Board on "September 9, 2008."
The Community Development Board reviewed proposed Ordinance 8016-08 on October
21, 2008 and recommended approval at first reading of the ordinance by the City Council on
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November 6, 2008. Second reading of the ordinance is scheduled for November 18, 2008 to
meet the December 1, 2008 state deadline. The statutory requirements call for each local
government to adopt amendments to its comprehensive plan, making corrections and
modifications pursuant to the updated schedule of the annual adoption to the (minimum five-
year) capital improvement program budget by December 1st of each year. This amendment is
exempt from the twice a year limitation for large-scale amendments.
Councilmember Cretekos moved to approve amendments to the Clearwater
Comprehensive Plan to update the Capital Improvements Element, making corrections and
modifications pursuant to the updated schedule of the City's Capital Improvement Program
Budget adopted on September 18, 2008, and updating the reference to the School District's
Five-Year Work Program as adopted by the School Board on September 9, 2008. The motion
was duly seconded and carried unanimously.
Ordinance 8016-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 8016-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
8-Quasi-judicial Public Hearings
8.1. Approve a Zoning Atlas Amendment from Medium Density Residential District (MDR) to the
Medium High Density Residential (MHDR) District for property located at 2855 Gulf to Bay
Boulevard (consisting of a portion of Sec. 17-29-16) and Pass Ordinance 7994-08 on first
reading. (REZ2008-07007)
This Zoning Atlas Amendment application involves one property of approximately 28.35
acres in area located approximately 370 feet southwest of the intersection of Gulf-to-Bay and
Cross boulevards. This property has a Future Land Use Plan (FLUP) classification of
Residential Medium (RM) and a zoning designation of Medium Density Residential (MDR). The
applicant is requesting to amend the Zoning Atlas from the MDR designation to the Medium
High Density Residential (MHDR) designation.
The Planning Department determined that the proposed rezoning application is
consistent with the following standards specified in the Community Development Code: 1) The
proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use
is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the
property; 4) The applications will not have an adverse impact on the natural environment; and 5)
The district boundaries are appropriately drawn.
The Community Development Board reviewed this application at its public hearing on
October 21, 2008, and recommended approval.
In response to a question it was confirmed the density allowed would not be changed.
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Councilmember Petersen moved to approve a Zoning Atlas Amendment from Medium
Density Residential District (MDR) to the Medium High Density Residential (MHDR) District for
property located at 2855 Gulf-to-Bay Boulevard (consisting of a portion of Sec. 17-29-16). The
motion was duly seconded and carried unanimously.
Ordinance 7994-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7994-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9Second Readings - Public Hearing
-
9.1. Adopt Ordinance 7890-07 on second reading, annexing certain real property whose post
office address is 2000 Calumet Street, together with the abutting right-of-way of North Hercules
Avenue, into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Ordinance 7890-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7890-07 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.
9.2. Adopt Ordinance 7891-07 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 2000 Calumet Street, together with the abutting right-of-way of North
Hercules Avenue, upon annexation into the City of Clearwater, as Industrial Limited (IL).
Ordinance 7891-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7891-07 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.
9.3. Adopt Ordinance 7892-08 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2000 Calumet Street, together with the
abutting right-of-way of North Hercules Avenue, upon annexation into the City of Clearwater, as
Industrial, Research and Technology (IRT).
Ordinance 7892-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7892-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.4. Adopt Ordinance 7998-08 on second reading, amending the Code of Ordinances, Appendix
A, Schedule of Fees, Rates and Charges, Section XXVI, Clearwater Gas System Fees, Rates
and Charges, to revise rates for Clearwater Gas System customers.
Ordinance 7898-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7898-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Gibson, and Hibbard.
Motion carried.
"Nays": Cretekos.
9.5. Adopt Ordinance 8000-08 on second reading, annexing certain real property whose post
office address is 1202 Keene Road, together with the abutting right-of-way, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 8000-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 8000-08 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.
9.6. Adopt Ordinance 8001-08 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 1202 Keene Road, upon annexation into the City of Clearwater, as
Residential Low (RL).
Ordinance 8001-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 8001-08 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.
9.7. Adopt Ordinance 8002-08 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1202 Keene Road, upon annexation
into the City of Clearwater, as Low Density Residential (LDR).
Ordinance 8002-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 8002-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.8. Adopt Ordinance 8008-08 on second reading, annexing certain real property whose post
office address is 1705 Grove Drive, along with the abutting right-of-way, together with the
abutting right-of-way of 1709 Grove Drive and 2770 State Road 590, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 8008-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 8008-08 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.
9.9. Adopt Ordinance 8009-08 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 1705 Grove Drive, along with the abutting right-of-way, together with the
abutting right-of-way of 1709 Grove Drive and 2770 State Road 590, upon annexation into the
City of Clearwater, as Residential Low (RL).
Ordinance 8009-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 8009-08 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.
9.10. Adopt Ordinance 8010-08 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1705 Grove Drive, along with the
abutting right-of-way, together with the abutting right-of-way of 1709 Grove Drive and 2770
State Road 590, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8010-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 8010-08 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.
9.11. Adopt Ordinance 8011-08 on second reading, annexing certain real property whose post
office address is 1219 Union Street, together with the abutting one half of right-of-way of Union
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Street, into the corporate limits of the city and redefining the boundary lines of the city to include
said addition.
Ordinance 8011-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 8011-08 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.
9.12. Adopt Ordinance 8012-08 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 1219 Union Street, together with the abutting one half of right-of-way of
Union Street, upon annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8012-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 8012-08 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.
9.13. Adopt Ordinance 8013-08 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1219 Union Street, together with the
abutting one half of right-of-way of Union Street, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
Ordinance 8013-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 8013-08 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.
9.14. Adopt Ordinance 8017-08 on second reading, adopting the Second Restatement of the
Money Purchase Pension Plan and submitting the plan document to the Internal Revenue
Service Employee Plans Compliance Resolution Program.
Ordinance 8017-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 8017-08 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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9.15. Adopt Ordinance 8018-08 on second reading, amending and restating the City of
Clearwater Premium Payment Plan and the City of Clearwater Cafeteria Plan to comply with all
legislative changes required by law and repealing all conflicting ordinances.
Ordinance 8018-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 8018-08 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.
9.16. Continue Public Hearing and 2nd reading of Ordinance 7994-08, rezoning 2855 Gulf-to-
Bay Boulevard, to November 18, 2008. (REZ2008-07007)
Councilmember Petersen moved to continue Item 9.16 to November 18, 2008. The
motion was duly seconded and carried unanimously.
9.17. Continue Public Hearing and 2nd Reading of Ordinance 7999-08, regarding downtown
parking, to December 4, 2008.
Councilmember Doran moved to continue Item 9.17 to December 4, 2008. The motion
was duly seconded and carried unanimously.
City Manager Reports
10 - Consent Agenda –
Approved as Submitted
10.1. Approve conceptual plan for Phase II of Cleveland Street Streetscape, authorize staff to
establish a new capital project 315/388-92275, Downtown Streetscape Phase II in the amount
of $4,028,925 by transferring $1,574,000 from CRA project 388-92269, Downtown Streetscape,
to the new capital project 388-92275, Downtown Streetscape - Phase II, transferring $636,000
from City project 315-92269, Downtown Streetscape, recognizing $196,000 of HUD grant
proceeds, and transferring $1,622,925 from Central Insurance Fund reserves (to be replaced by
CRA funds as they become available over the next two to three fiscal years). (consent)
10.2. Approve the collective bargaining agreement as ratified by IAFF Local 1158 for Fiscal
Year 2007/08. (consent)
10.3. Accept funding totaling $75,811 and approve the corresponding agreement from
Coordinated Child Care for funding of teen programs and authorize the appropriate officials to
execute same. (consent)
10.4. Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding
of 2008/2009 operations in the amount of $100,000. (consent)
10.5. Approve the transfer of $15,909.89 received from Clearwater Housing Authority for
payment in lieu of taxes to the Clearwater Homeless Intervention Project, Inc. (CHIP). (consent)
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10.6. Award a Contract (Purchase Order) to C and CE Equipment of Cary, North Carolina for
the purchase of one John Deere 5425 Tractor per quote 76244 at a cost of $31,748.88 in
accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize
lease purchase under the City's Master Lease Purchase Agreement, declare G2499, 2002 John
Deere 5420 Tractor as surplus to the needs of the City for trade-in and authorize the appropriate
officials to execute same. (consent)
10.7. Approve a Contract (Blanket Purchase Order) to Fleet Products Inc. of Tampa, FL in the
amount of $200,000 for the purchase of replacement vehicle parts utilized by all City
Departments during the contract period November 7, 2008 through November 30, 2009 in
accordance with Sec. 2.564 (1)(d), Code of Ordinances - City of Tampa Bid 410051205 and
authorize the appropriate officials to execute same. (consent)
10.8. Award a contract to Honeywell Building Solutions of Orlando, FL for the installation and
service of energy saving equipment in the Long Center for $2,445,000 in accordance with Sec.
2.564(1)(d), Code of Ordinances – Other governmental bid and authorize appropriate officials to
execute same. (consent)
10.9. Approve one (1.0) additional temporary FTE Police Aide position in the amount of
approximately $21,000 to assist with traffic related issues at the temporary Beach Walk parking
lots along Coronado Drive and authorize appropriate officials to execute same. (consent)
10.10. Appoint Councilmember John Doran to the Pinellas Planning Council for a new two year
term expiring on December 31, 2010.
10.11. Authorize instituting a civil action against Drill Shaft, Inc., to recover $2,053.81, for
damage to City property. (consent)
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
11 - Other items on City Manager Reports
11.1. Amend numerous sections of Chapter 22 of the City of Clearwater Code of Ordinances
relating to Parks, Beaches, and Recreation and pass Ordinance 8007-08 on first reading.
The Code of Ordinances Chapter 22 regulating Parks, Beaches and Recreation was last
amended on January 20, 2005, when Section 22.24 was amended by adding the hours of
operation for each City park in the Code of Ordinances; requiring at least one prominently
posted sign be installed at each park stating the hours of operation; and providing an exception
to the closing hours which would allow a permit to be issued by the Department or the City
Manager. It also amended Section 22.33, deleting reference to park hours due to a revision of
applicable hours at Courtney Campbell Recreation Area.
Other than this change, Chapter 22 has remained basically the same for the past 25
years and served the City and citizens well. However, due to the longevity of these rules an
update of several of the sections are needed to address some of the new issues law
enforcement and Parks and Recreation staff currently face.
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For the safety and welfare of the public, staff recommends that the ordinance be
amended: 1) Section 22.21 Definitions: Clarification of the definition of “Public Nudity” as
defined in Chapter 21. Clarification of definition of “Person”; 2) Section 22.24 Authority to
regulate beaches, park property, and the Courtney Campbell Recreation Area: Corrected park
hours at several parks. Added language to protect park property and facilities from persons
parking vehicles on park property and leaving the premises or parking and then not using the
facility as intended; 3) Section 22.28 Protection and preservation of property: Added language
to protect not only park buildings but also other park facilities. ·Added language to allow for
metal detectors at parks by permit only. Added a new paragraph to preserve and protect
archaeological and historic sites found on parks. Prohibit persons from using water from water
fountains, hose bibs and sinks for bathing. Added paragraph to strengthen the protection of
wooden structures and trees from persons using nails, tacks and staples; 4) Section 22.29
Refuse and trash: Strengthened this section to prohibit persons from bringing trash from off site
and depositing in City trash containers; 5) Section 22.31. Protection and preservation of wildlife:
Strengthened section by adding new paragraph to prohibit persons from feeding or petting any
feral or wild animal on park property; 6) Section 22.33. Bathing and swimming areas and the
Courtney Campbell Recreation Area: Added a paragraph to protect lifeguard stand, station and
equipment from public use. Added a paragraph to prohibit persons from washing their pets in
swimming areas and/or other public waters; 7) Section 22.35. Fishing: Strengthened this section
by adding paragraph that fishing will be in accordance with the State Fish & Wildlife
Conservation Commission and the State Department of Environmental Protection rules and
regulations. Prohibited use of cast nets for fishing in fresh water. Added paragraph requiring
persons to dispose of unwanted fish in appropriate receptacles. Prohibited fishing from and into
public bathing and swimming areas; 8) Section 22.40. Domestic animals: Added paragraph to
allow dogs off leash at Crest Lake Dog Park and Enterprise Dog Park. Reworded a paragraph
relating to the removal of pet defecation on park property; 9) Section 22.46. Parking: Added
paragraph to prohibit person from parking a vehicle in a “no parking” zone or restricted use zone
on park property; 10) Section 22.49. Organized activities or potentially dangerous games:
Added language to include the use of wheeled device like a skateboard, roller skates and in-line
skates except in the areas set aside for that purpose. Added paragraph to clarify and prohibit
persons from trespassing on athletic fields that have been posted by permit only without a valid
permit; 11) Section 22.53. Merchandising, vending, peddling: Included words “food or drink of
any kind” as items that cannot be sold or merchandised on park and beach properties; and 12)
Section 22.61. Trails: Added an entirely new section to address some of the needs of the new
recreational trails within the parks system.
Specific new paragraphs address the following: 1) What vehicles can be used on the trail
system; 2) Speed at which persons should use when on the trail; 3) Manner in which a person
should use on the trail; 4) Defined word “travel” on the trail; and 5) Traffic rules and control
devices while on the trail.
Amending this Ordinance will provide a tool that can be used by City law enforcement
officers to more effectively patrol City parks and enforce the rules and regulations at each park.
Concerns were expressed that the ordinance prohibits tossing a ball with a child in a
park. It was noted that the provision is needed in order for the police to address problem
situations and the police are able to use discretion in whether to enforce.
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Councilmember Gibson moved to amend numerous sections of Chapter 22 of the City of
Clearwater Code of Ordinances relating to Parks, Beaches, and Recreation. The motion was
duly seconded. Councilmembers Petersen, Doran, Gibson and Mayor Hibbard voted “Aye” and
Motion carried
Councilmember Cretekos voted “Nay.” .
Ordinance 8007-08 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 8007-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Gibson, and Hibbard.
Motion carried.
"Nays": Cretekos.
11.2. Approve a 5-year Partnership, Operational Support and Funds Agreement from November
17, 2008 through September 30, 2013, between the City of Clearwater and Pinellas Core
Management Services (PCMS), for the use and supervision of the Martin Luther King Center
and authorize the appropriate officials to execute same. (consent)
The African American Leadership Council, Inc (AALC) has programmed and operated
the MLK (Martin Luther King) center since September 2004. However, due to the fact that they
lost the majority of their operating funds for FY (Fiscal Year) 2008/09, the City terminated their
agreement with the City on October 22, 2008. The agreement between the City and Pinellas
County School Board relating to the Martin Luther King property expires on December 31, 2011.
This agreement will allow for Pinellas Core Management Services (which is funded by
the Pinellas County Juvenile Welfare Board) to continue providing quality programs and
services to the North Greenwood Community at the Martin Luther King Center. Some services
include: 1) Provide programs to include but not be limited to parental support groups and skills
training, family literacy services, job counseling, child development activities, liaison to the
health care system, outreach (including home visits), on-site childcare for programs, facilitation
and support of community meetings and activities; 2) Provide agency personnel and volunteers
to operate and supervise activities and special programs at the center and surrounding area; 3)
Provide facilitation and support of community meetings, activities, voting, and allow all current
co-sponsor groups the opportunity to continue to use the center under current conditions.
PCMS (Pinellas Core Management Services, Inc.) will be required to provide an annual
report of activities consisting of the number of clients served, costs of such service, commentary
on the viability, effectiveness, and trends affecting the program, and success of same.
Accounting of funds received from the City for these programs will be required. In addition,
PCMS will be responsible for all daily maintenance of the facility and will pay all operating
expenses associated with the Center including but not limited to electric, water, sewer, solid
waste bill for dumpster, custodial, and minor interior building maintenance.
The City will provide the following funding and in-kind services: 1) An operational grant
of $87,300 will be prorated to $76,200 to be paid in three installments for FY 2008/09. Grants
for future years are subject to annual budget approval by the City Council, but also will be paid
in three installments; 2) Lawn and landscape maintenance for all areas around the Youth
Center; and 3) Maintenance for all major capital components of the building, to include air-
conditioners, roof, plumbing, electrical, etc.
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It should be pointed out that PCMS manages a majority of JWB (Juvenile Welfare
Board) grant funded programs and facilities and provides the oversight necessary for the
operators of the facility to be successful and meet JWB requirements. It has been reported that
Jai Hinson, Executive Director of Life Force, may be hired by PCMS to run the programs at MLK
center.
Councilmember Cretekos moved to approve a 5-year Partnership, Operational Support
and Funds Agreement from November 17, 2008 through September 30, 2013, between the City
of Clearwater and Pinellas Core Management Services (PCMS), for the use and supervision of
the Martin Luther King Center and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
11.3. Citizens Survey Presentation - Doug Matthews, Dir. Public Communications
In his November 4, 2008 memorandum, Public Communications Director Doug
Matthews reported the Public Communications Department had received the results from the
City’s 2008 Citizen Survey, conducted as part of the National Citizen Survey (NCS) and
administered by the National Research Center (NRC) in Boulder, CO. Public Communications
chose the NCS as part of the organizational efforts to build reliable benchmarks for performance
measurement. This survey is administered to roughly 500 local governments across the
country, providing a snapshot of Clearwater’s performance relative to other jurisdictions, and
where possible, relative to previous City surveys. The survey was administered by mail during
the months of August and September of 2008 to a random sampling of residents throughout the
community. Previous surveys have been conducted via telephone. Results are based on a total
of 735 completed surveys, for a response rate of 29%. These results were benchmarked
against all other participating communities, and ranked against all communities of similar size to
Clearwater (pop. 64,000 – 150,000). The new survey places more of a focus on broader
community characteristics in addition to traditional ratings of city services. As a result of the
change in survey methodology, it has been difficult in some cases to compare results from
previous surveys in 2003 and 2006.
Key findings:
CLEARWATER AS A PLACE TO LIVE
- 83% of respondents said that Clearwater was a “good” or “excellent” place to live, and
76% of respondents said the same of their neighborhoods. These were consistent with
benchmarks.
- 75% of respondents rate the overall quality of life in Clearwater as “good” or “excellent,”
which tracks with national benchmarks and is similar to results from the 2006 survey (80%).
- Scores regarding community cleanliness (64%) and quality of the natural environment
(61%) were below national benchmarks.
- When asked if Clearwater was moving in the right direction, only 47% responded
positively, compared with 66% in the 2006 survey. This was below benchmark scores, and was
quite likely affected in part by the budget reductions that were taking place at the time of the
survey
QUALITY OF SERVICE
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- Seven out of ten Clearwater residents (70%) rate the overall performance of the City in
providing services as “good” or “excellent.” This figure is virtually unchanged from the 67% of
residents who responded positively in 2006. This tracked similarly with national benchmarks.
- Only 48% of those surveyed viewed the value received for their City taxes positively,
which could be a reflection of the larger property tax debates taking place locally and around the
state. This ranked below the national benchmark.
COMMUNITY SAFETY
- Most respondents (92%) felt safe in their neighborhoods during the day, which dropped
to 71% at night. These numbers tracked with national benchmarks.
- 77% of respondents felt safe in the downtown area during the day, a number that
dropped to 35% at night, both below national benchmarks.
- 64% of respondents indicated feeling safe against violent crimes in Clearwater, and
53% indicated feeling safe against property crimes. While the property crime numbers track
with other benchmark communities, the violent crime numbers are above national benchmarks.
CIVIC INVOLVEMENT/INCLUSIVENESS
- Fewer than 50% of respondents felt that Clearwater had a strong sense of community
(47%), which was below benchmark scores.
- When asked if the community accepts people of diverse backgrounds, 56% responded
positively. This was consistent with national benchmarks.
HARBORVIEW CENTER
Residents were asked what redevelopment options they would most support on the
current site of the Harborview Center. Respondents clearly favored an option that placed an
emphasis on retail with some complementary uses. Neighborhoods closer to downtown tended
to favor retail while those further from downtown tended to favor a mostly residential option.
CONCLUSIONS
It is apparent that a falling housing market, increased contention over development
issues and reductions precipitated from property tax reductions have all contributed to a
different tone in this year’s community survey. While differences in some responses can be
attributed to a new survey methodology, there are clearly themes within the data that can help
Clearwater focus resources and decisions in the future.
The NCS rates two aspects of life in the city: Services and Characteristics. In terms of
services, Clearwater almost universally performs consistent with or above national benchmarks.
In evaluating the results, three of the four areas ranking below benchmark scores can all be
related to growth and redevelopment, (water, economic development, traffic enforcement, traffic
signalization) while another (public parking) is a well-known issue in the community. The only
other service to score below benchmarks was fire prevention and education, an area that has
seen significant reduction in the last two budget years. Scores on community characteristics,
though, generally fell equal to or below benchmarks with the exception of quality of life aspects
Council 2008-11-06 13
like recreation and culture. Many of these characteristics are not influenced solely by the City
government, and could require broader partnerships with community organizations in order to
influence them. An interesting trend in the data is that residents between 35 and 54 generally
feel less positive about the community than younger and older residents.
It is evident from the data that citizens are generally happy with City services, but
continue to have reservations about redevelopment and their role in redevelopment decisions. It
also is clear that downtown neighborhoods continue to have pressing needs in the areas of
community safety and involvement that require focused, long-term support. Overall, the NCS
provides an abundance of data and a good launching point for future strategic planning and
performance management discussions.
Discussion ensued. Concerns were expressed regarding Council not being aware of the
change in the survey process and not seeing the questions prior to the survey being done.
Miscellaneous Reports and Items
12 - City Attorney Reports
12.1 Authorize assumption of the contracts to purchase Royalty Theater and the Lokey building;
approve the memorandum of understanding between the City and Ruth Eckerd Hall and
authorize the appropriate officials to execute same; authorize estimated closing costs not to
exceed $90,000, and authorize an additional $250,000 to be paid to Ruth Eckerd Hall for theater
preparation costs including preliminary architectural and construction manager services, for a
total estimated cost of $2.65 million.
The City will assume the purchase contracts for 403 (purchase price of $975,000) and
401 (purchase price of $1,335.000) Cleveland Street and will purchase said properties and
cover all closing costs. The City and Ruth Eckerd Hall will develop lease and management
agreements similar to the existing agreement for the operation of Ruth Eckerd Hall recognizing
however that it is not the intent that the City subsidize the ongoing operations of the Theater
following rehabilitation of the facility. Ruth Eckerd Hall estimates the total project cost to be
$14.2 million broken down as follows: 1) $2.4 million for purchase and closing costs, including
Ruth Eckerd Hall out of pocket due diligence expenditures ($13,920.00); 2) $6.8 million for
construction and renovation; and 3) $5 million for an endowment fund.
In addition, presenting some performances in the Capitol/Royalty Theater during the pre-
construction period will help generate interest in the project. During the pre-construction period,
Ruth Eckerd Hall will lease the facility from the City for $1 for each use. Ruth Eckerd Hall will be
responsible for all costs associated with each event, including staffing, set up and clean-up.
The net profit for each event will be split equally between the City and Ruth Eckerd Hall. The
City will assist Ruth Eckerd Hall in getting the facility ready for use prior to commencement of
remodeling. The City will advance/provide funding following closing not to exceed $250,000 (to
be netted from the above cost estimates from the City’s/public funding total of $6.2 million) for
cleaning the theater, clearing the theater of unwanted and unnecessary debris and clutter,
purchasing stage, lighting, sound and projection equipment and other necessary items to
ensure a comfortable and safe environment with adequate equipment to be able to mount
performances. Equipment purchased would be able to be used in the final project. Ruth Eckerd
Council 2008-11-06 14
Hall would carry appropriate insurance up to entertainment and performing arts industry
standards for such use of the theater and shall indemnify and hold harmless the City for any
losses that occur as a result of Ruth Eckerd Hall’s use of the theater. Ruth Eckerd Hall will
accept responsibility for the construction and not seek any additional funding beyond what is
stated in this document for the construction and renovation of the theater and the adjacent
building. In raising endowment funds, it is the intent for Ruth Eckerd Hall to operate the facility
without any ongoing annual subsidy from the City. Funding will be provided by the transfer of
$2.65 million from the unappropriated retained earnings of the Special Development Fund to
establish a new capital improvement project at first quarter.
In response to questions, Finance Director Margie Simmons said undesignated Penny
funds cannot be used until a public hearing is held. She recommended that Council designate
funds from the Special Development Fund and transfer Penny funds after the public hearing.
Assistant City Manager Rod Irwin said additional CRA monies used towards purchase would
come from Tax Increment Financing proceeds. Consensus was to hold a public hearing at a
future meeting to allocate Penny II funds for purchase of Royalty Theater.
Discussion ensued. It was stated that the City would not enter the lease/construction
agreement until Ruth Eckerd Hall completes fundraising efforts.
Thirteen individuals spoke in support and one individual opposed the purchase of the
Royalty Theater.
Council members noted that while the timing of the purchase is not good, moving
forward is in the best long-term interest of the City.
Councilmember Petersen moved to authorize assumption of the contracts to purchase
Royalty Theater and the Lokey building; approve the memorandum of understanding between
the City and Ruth Eckerd Hall and authorize the appropriate officials to execute same; authorize
estimated closing costs not to exceed $90,000, and authorize an additional $250,000 to be paid
to Ruth Eckerd Hall for theater preparation costs including preliminary architectural and
construction manager services, for a total estimated cost of $2.65 million. The motion was duly
seconded and carried unanimously.
13 - City Manager Verbal Reports – None.
14 - Council Discussion Items
14.1. Council Discussion Item - review the status of Penny II projects.
Budget Director Tina Wilson reviewed status of Penny II projects. Ms. Wilson said there
is $5 million in unallocated funds.
Staff was directed to add purchase of Royalty Theater for $2.4 million to the list,
schedule a public hearing regarding the change and schedule a meeting with the Morningside
Neighborhood Association regarding scaling back the proposed recreation center.
Council 2008-11-06 15
14.2. City Attorney Evaluation
AND
14.3. City Manaqer Evaluation
Councilmembers gave very positive evaluations of the City Attorney and City Manger.
15 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events, congratulated Tampa Bay Rays for their post-season success and the
Philadelphia Phillies for winning the 2008 World Series and encouraged all to attend Ironman
this weekend.
Councilmember Doran said the Florida Redevelopment Association recognized
Cleveland Street at awards luncheon.
Mayor Hibbard thanked Clearwater Jazz Holiday volunteers for their efforts and said the
Daughters of Italy relocated to S1. Michael's Church and thanked City for meeting space at
Countryside Library.
16 - Adjourn
The meeting adjourned at 9:55 p.m.
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City of Clearwater
Attest:
Council 2008-11-06
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