10/16/2003 (2)
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CITY COMMISSION MEETING
CITY OF CLEARWATER
October 16, 2003
Present: Brian J. Aungst
Hoyt P. Hamilton
Whitney Gray
William C. Jonson
Frank Hibbard
Mayor/Commissioner
Vi ce~Mayor/Commjssioner
Commissioner
Commissioner
Commissioner
Also Present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
Th~ Mayor called the meeting to order at 6:00 p.m. at City Hall. Tom E. Shelton, Youth
Minister at Harborside Christian Church, offered the invocation. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are In 'agenda order although' not
necessarily discussed.in t~at order.
3.
Service Awards
Three service awards were presented to City employees.
4. Introductions. Awards and Presentations
a.
Proclamation:
Martial Arts Day - October 18,2003
b.
Presentation:
Neighborhood Awards for th~ Quarter
Carloue) was presented the Neighborhood of the Quarter award. Homes of the Quarter
awards were presented to the Arnolds at 1010 Navajo Street,the Cournoyers at 1476
Cleveland Street; the Walkers at 129 North Lake, and Ms. Miller at 1400 South Madison.
c.
Presentation:
Good Neighbor Award
Mike Meidel, Clearwater Chamber of Commerce, presented the Good Neighbor Award
to the Bank of America. ' '
d.
, Presentation:
2003 FNGA Operating Person of the Year - Mark Tranter
Mark Tranter, Florida Natural Gas Association, was presented the 2003 FNGA
Operation Person of the Year award.
Commission 2003-10-16
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5.
Approval of Minutes - Regular Meeting 10/02/03 and Special Meeting 10/02/03
Commissioner Jonson moved to approve the minutes of the regular meeting of October
2, 2003. and the special meeting of October 2. 2003. as recorded and submitted in written
summation by the City Clerk to each Commissioner. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the Aqenda - None.
PUBLIC HEARINGS
7. ' Public Hearinq & First Readinq Ordinances #7179-03, #7180-03 & #7181-03 - Approve
the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to
City Residential Urban (RU) and Zoninq Atlas Amendment from the County R-3. Sinole-Family
Residential District. to the City LMDR. Low Medium Density Residential District for 910 Berkley
Place (Lot 9. Block A Palmetto Terrace in Sec. 7-29-16). ANX2003-07015 (Lawrence A. &
Susan Walther)
The subject property is located at 910 Berkley Place, on the southwest corner of Berkley
Place and Palmetto Street approximately 600 feet east of Belcher Road. The applicant is
requesting .this annexation in order to receive City sewer. The property is contiguous with the
existing City boundaries to the south; therefore. the proposed annexation is consistent with
Florida Statutes with regard to voluntary annexation. It is proposed that the abutting rights-of-
way not currently within the CitY limits also be annexed. The subject site is approximately 0.17-
acres in area and is occupied by a single-family dwelling. It is proposed that the property have
a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of LMDR,
Low Medium Density Residential.
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their
level of service. ' ,
, The proposed annexation is consistent with the City's Comprehensive Plan, the
Countywide Plan and the Community Development Code. '
The proposed annexation is contiguous to existing municipal boundaries, represents a
logical extension of the boundaries and does not create an enclave.
The Pinellas Planning Council (PPC) and Pinellas County staffs have reviewed this
annexation according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3).
and no objections have been raised.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on September 16, 2003. and unanimously recommended approval.
Commissioner Hamilton moved to approve the Petition for Annexation. Land Use Plan
Amendment from County Residential Urb~m (RU) to City Residential Urban (RU) and Zoning
Commission 2003-10-16
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Atlas Amendment from the County R.-3. Single-Family Residential District. to the City LMDR.
Low Medium Density Residential District for 910 Berkley Place (Lot 9. Block A Palmetto Terrace
in Sec. 7-29-16). ANX2003-07015 (Lawrence A. & Susan Walther) The motion was duly,
seconded and carried unanimously.
Ordinance #7179-03 was' presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7179~03 on first reading. The motion was
duly seconded and upon roll call. the vote was:
"Ayes": Gray. Hamilton, Jonson. Hibbard, and Aungst.
"Nays": None.
Ordinance #7180-03 was presented for first reading and read by title only.
Commissioner Gray moved to pass Ordinance #7180-03 on first reading. The motion was duly
seconded and upon roll call. the vote was:
"Ayes": Gray. Hamilton. Jonson. Hibbard. and Aungst.
tlNays": None.
Ordinance #7181-03 was presented for first reading and read by title only. ,
Commissioner Hibbard moved to pass Ordinance #7181-03 on first reading. The motion was
duly seconded and upon roll call. the vote was: '
"Ayes": Gray, Hamilton, Jonson. Hibbard, and Aungst.
"Nays": None.
8. Public Hearino & First Readinq Ordinances #7176-03. #7177-03 & #7178-03 - Approve
the' Petition for Annexation. Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) and Zoninq Atlas Amendment from the County R-3. Sinqle-Family
Residential District, to the City LMDR. Low Medium Density Residential District for 2179 Burnice
Drive (Lot 31. Glen Ellyn Estates in Sec. '24-29-15). ANX2003-07014 (Charles R. Smalley)
The subject property at 2179 Burnice, Drive, on the south side of the street. is
approximately 220 feet west of Belcher Road. The applicant is requesting this annexation in
order to receive City sewer service. The property is contiguous with the existing City ,
'boundaries to the north and east; therefore. the proposed annexation is consistent with Florida
Statutes with regard to voluntary annexation. The subject site is approximately O.23.acres in
area and is occupied by an existing single-family detached dwelling. It is proposed that the
property have a Future Land Use Plan designation of Residential Low (RL) and a zoning
category of LMDR. Low Medium Density Residential.
, The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their
:ievel of service.
Commission 2003-10-16
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The proposed annexation is consistent with the City's Comprehensive Plan, the
Countywide Plan and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries, represents a
logical extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas
County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-
3). and no objections have been raised.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on September 16. 2003. and unanimously recommended approval.
Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan
Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas
Amendment from the County R-3, Single-Family Residential District; to the City LMDR; Low
Medium Density Residential District for 2179 Burnice Drive (Lot 31. Glen Ellyn Estates in Sec.
24-29-15). ANX2003-07014 (Charles R. Smalley) The motion was duly seconded and carried
unanimously.
Ordinance #7176-03 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7176-03 on first reading. The motion was
duly seconded and upon roll call. the vote was:
"Ayes": Gray. Hamilton, Jonson. Hibbard, and Aungst.
"Nays": None.
,Ordinance #7177-03 was presented for first reading and read by title only.
Commissioner Gray moved to pass Ordinance #7177-03 on first reading. The motion was duly
seconded and upon 'roll call. the vote was:
"Ayes": Gray, Hamilton, Jonson. Hibbard, and Aungst.
"Nays": None.
Ordinance #7178-03 was presented for first reading and read by title only.
Commissioner Hibbard moved to pass Ordinance #7178-03 on first reading. The motion was
duly seconded and upon roll call. the vote was:
"Ayes": Gray, Hamilton, Jonson. Hibbard, and Aungst.
"Nays": None.
9. Public Hearino & First Readino Ordinances #7184-03, #7185-03 & #7186-03 - Approve
the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) and ZoninQ Atlas Amendment from the County R-3. Sinole-Familv
Residential District. to the City LOR, Low Density Residential District for 1830 Brentwood Drive
(Lot 6. Lake lei a Manor, First Addition in Sec. 24-29-15). ANX2003-07016 (Steve G. &
Rebecca l. Rainwater)
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The subject property at 1830 Brentwood Drive, is on the north side of the road
approximately 450 feet east of Keene Road and 280 feet north of Lakeview Road. The
applicant is requesting this annexation in order to receive City sewer service. The property is
contiguous with the existing City boundaries to the south, east and west; therefore, the ,
proposed annexation is consistent with Florida Statutes with regard to voluntary annexation.
The subject site is approximately 0.24 acres in area and is occupied by an existing single-family
detached dwelling. It is proposed that the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of LDR, Low Density Residential.
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their
level of service. '
T~e proposed a'nnexation is consistent with the City's Comprehensive Plan, the
Countywide Plan and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries I represents a
logical extension of the bounda'ries and does not create an enclave.
The Pinellas Planning Council (PPC) and Pinellas County staffs have reviewed this
annexation acco'rding to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3),
and no objections have been raised.
Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan
Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas
Amendment from the County R-3, Single-Family Residential District, to the City LORI Low
Density Residential District for 1830 Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in
Sec. 24-29-15). ANX2003-07016 (Steve G. & Rebecca L. Rainwater). The motion was duly
seconded and carried unanimously.
Ordinance #7184-03 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7184-03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson. Hibbard, and Aungst.
"Nays": None.
Ordinance #7185-03 was presented for first reading and read by title ,only.
Commissioner Gray moved to pass Ordinance #7185-03 on first reading. The motion was duly
seconded and upon roll call. the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard. and Aungst.
UNaysU: None.
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Ordinance #7186-03 was presented for first reading and read by title only.
Commissioner Hibbard moved to pass Ordinance #7186-03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Aye~": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
1 0., Public HearinQ - Charter Review Committee Report.
City Attorney Pam Akin reviewed the changes recommended by the Charter Review
Committee. There was no public comment regarding the Charter Review Committee'Report.
In response to a question, regarding Sec. 2.07, Ms. Akin said the Commission would
make the dedsion as to what is considered an excused absence. Discussion ensued regarding
unanticipated life threatening or maternity issues that could affect a Commissioneris
attendance. It was felt that if a Commissioner were to experience such an event, they would
most probably voluntarily resign.
In response to a question, Ms. Akin said the Charter is specific in requiring the
Commission to hold two public hearings for approval of non-budgeted expenditures in excess of
55 million. She said she did not know if the process has ever been used.
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Discussion ensued regarding the Committee's recommendations. In response to a
question, Mr. Dennehy said the Committee felt that if two Commissioners served on the Charter
Review Committee, they should be nonvoting members, otherwise they could unduly influence
, other mell1bers. One Commissioner who attended some of the Charter Review Committee
meetings said his impression of the Committee's recommendation that the proposed changes
go directly to referendum was an effort to show that the Commission had no influence on the
questions being placed on the ballot.
. In response to a question, City Manager Bill Horne said he felt the Commission has
extensive knowledge of the issues facing the City, which allows them to determine what is best
for the community as a whole. In response to a question, Ms. Akin said she felt the elected
officials should retain their authority regarding such matters. She said although it is highly
unlikely, the Commission could potentially place questions on the ballot that were in direct
opposition to the Committee's recommendations. It was remarked that the elected officials
should be accountable for operations of the City.
Consensus was to bring forward all the Committee's recommendations except the
Committee's recommendation that proposed changes go directly to referendum.
Public Hearing - Second Reading Ordinances
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11. Ordinance #7183-03 - revise Appendix A, BuildinQ Permit Fees. Code of Ordinances.,
Ordinance #7183-03 was presented for second reading and read by title only.
Commissioner Gray moved to pass and adopt Ordinance #7183-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was: ' ,
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"Ayes": Gray, Hamilton, Jonson, and Aungst.
"Nays": None.
Absent: Hibbard.
12. Ordinance #7211-03 - amend Clearwater Code of Ordinances 2.322, 2.325. 2.328.
2.329 and 2.332 reQarding reimbursement and payment of travel costs.
Ordinance #7211-03 was presented for second reading and read by title only.
Commissioner Hamilton moved to pass and adopt Ordinance #7211-03 on second and final
reading. The motion was duly seconded and upon roll call, the vole was:
"Ayes": ~ray, Hamilton. Jonson, and Aungst.
'''Nays'': None.
Absent: Hibbard.
13. Ordinance #7194-03 - establish new non":resident fees for non-residents to participate at
City recreation facilities and in City recreation programs and activities.
Ordinance #7194-03 was presented for second reading and read by title only.
Commissioner Jonson moved to pas~ and adopt Ordinance #7194-03 on second and final
reading as amended. The motion was duly seconded and upon roll call, the vote was:
" "Ayes": Gray, Hamilton, Jonson, and Aungst
"Nays": None.
Absent: Hibbard.
14. Ordinance #7192-03 - provide a revised waterino schedule for qll !Yl2.Qli.Qf water to
parallel the Southwest Florida Water ManaQement District rescission of ~XtH/vUye Order SWF
01-18 and adopt the current water use restrictions contained in Chapter 400.221 F.A.C. -
CONTINUED TO DATE UNCERTAIN.
Commissioner Hamilton moved to continue Ordinance #7192-03 to a date uncertain.
The motion was duly seconded and carried unanimously.
Third Reading Ordinances
15. Ordinance #7124-03 - Approve a Land Use Plan Amendment from Residential Urban
{RU) to Institutional (INS) (LUZ2003-03002).
Commissioner Gray moved to approve a Land Use Plan Amendment (rom Residential
Urban (RU) to Institutional (INS) (LUZ2003-03002). The motion was duly seconded and
carried unanimously.
Commission 2003-10-16
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Ordinance #7124~03 was presented for third reading and read by title only.
Commissioner Hamilton moved to pass and adopt Ordinance #7124-03 on third and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hibbard, Jonson. and Aungst.
"Nays": None.
Absent: Hamilton.
16. Ordinance 7125-03 - Approve a Zoninq Atlas Amendment from LMDR. Low Medium
Residential District, to (I) Institutional District, for 2701, 2720. 2751 & 2770 Reqency Oaks Blvd.
(A portion of M&B 21.00. all of M&B 21.02. and a portion of ,M&B 21.03 in Sec. 05-29-16)
(LUZ2003-03002)
Commissioner Gray moved to approve a Zoning Atlas Amendment from LMDR, Low
Medium Residential District, to (I) Institutional District, for 2701, 2720, 2751 &. 2770 Regency
, Oaks Blvd. (A portion of M&B 21.00, all of M&B 21.02, and a portion of M&B 21.03 in Sec. 05-
29-16) (LUZ2003-03002). The motion was duly seconded and carried unanimously.
Ordinance #7125-03 was presented for third reading and read by title only.
Commissioner Hibbard moved to pass and adopt Ordinance #7125-03 on third and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Jonson, Hibbard, and Aungst.
"Nays": None.
Absent: Hamilton.
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 17-28) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to approval by a single
motion. However, any City Commissioner or the City Manager may 'remove an item from the
Consent Agenda for discussion and individual vote., '
17. Approval of Purchases per Purchasino Memorandum:
1. Tampa Bay Engineering Group, Inc., Clearwater, Florida - Engineering services during
the contract period 10/17/03 thru 7/16/06 in the amount of $250,000. (CGS) (Consent)
2. Rowland Inc., PineJlas Park, Florida - Manhole rehabilitation during the contract period
10/17/03 thru 10/31/04 in the amount of $190,000. (PW) (Consent)
18. Ratifv and confirm the City Manaoer's approval to expend the amount of $327.500 for
the excavation. transportation. lab work and disposal of contaminated coal~tar material. $70.500
for the excavation and disposal of regular household trash. both of which were unearthed
during the construction of the Community Sports Complex. Approve fundinq in the amount of
Commission 2003-10-16
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$25.000 for the removal of exotic plants and scrub brush in the right of way and pond along
U.S. 19 and the eastern boundarY of the Community Sports Complex for a total approval of
$423.000.00 towards the proiect. (PR)
19. Approve an Amendment to License AQreement between Florida Power Corporation and
the City of Clearwater for use of the riQht of way along Old Coachman Road. (PR) ,
20. Re-appolnt William Schwab to the Board of Trustees. Clearwater Police Supplementary
Pension Fund. {PO}
21. Approve extension of a contact to Automated Presort. Inc. in the amount of $390,000
(estimated) from November 1, 2003 to October 31, 2004 for mail processing services and
postage for the City of Clearwater. (PC)
22. Accept a 13.1 square foot. more or less. perpetual RiQht-of-Way and Utilities Easement
qranted by Marilvn T. Urban and Deborah L. Gillespie, conveyed for $1.00 and other
consideration across a portion of Lot 89, AMBLESIDE SUBDIVISION, SECOND ADDITION, as
more particularly described therein and authorize the appropriate officials to execute same.
(PW) ,
23. Accept a 25-foot wide Utility Easement over and across a 253.24 foot portion of the'
Southeast 1/4 of the Northwest 1/4 of Section 5. Township 29 South. Range 16 East conveyed
by Grace Baptist Church of Clearwater. Inc. for and in consideration of the sum of $1.00 and
the appropriate officials be authorized to execute same. (PW)
24. Award a contract for the NORTH BEACH DRAINAGE IMPROVEMENTS (02-0007-EN)
to Kevstone Excavators of 0ldsmar. Florida for the sum of $586,876.40 which is the lowest
responsible bid received in accordance with the plans and specifications. (PW)
25. Approve a contract with Georae R. and Theresa C. Nowak to sell surplus property
described as the West 399.78 foot portion of the 50-foot former railroad easement abutting the
south property line of Lot 15. CLEARWATER INDUSTRIAL PARK. for $40.000, subject to
terms and conditions contained therein and authorize the appropriate officials to execute same.
(PW)
26. Approve a contract with Bellomo-Herbert and Company. Inc. for desian of the Cleveland'
Street and StaUon Sauare Park streetscape, in the amount of $371.828.61 and authorize the
appropriate officials to execute same. (PW) "
27. Lease Purchase Contract with SunTrust. (FN)
28. 2004 State LeQislative Packaoe. (ORlS)
Commissioner Hibbard 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.
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OTHER ITEMS ON CITY MANAGER REPORT
29. Approve Parks and Recreation Board recommendation naminq City property located
within Court Street to the south. Prosoect Avenue to the west. Park Street to the north, and
EwinQ Avenue to the east. Prospect lake Park. (PR)
The Town Lake project developed an existing pond and enlarged it to create a 3.8 acre
lake with approximately one half acre of surrounding parkland. The lake provides flood
protec~ion and storm water treatment for approximately 109 acres of contributory drainage area
using a combination of chemical (alum injection), physical (settling) and biological (aquatic
planting) processes. Commission Resolution No. 94-12 specifies that the Parks and Recreation
Board will conduct and advertise a public hearing to consider recommendations ,for park names
at a regular meeting of the Board.
At the May 1, 2003, City Commission meeting. the Commission requested that the
board consider having a second public hearing to generate additional naming suggestions after
reviewing suggestions generated at the March 24. 2003 public hearing on the naming of this
facility. The Board held another public meeting on August 25,2003. A total of 54 names were
received by the Beard for consideration. Based upon the information gathered at this hearing,
and on the criteria contained in the Resolution, the Parks and Recreation Board approved a
motion to recommend to the City Commission that the facility be named "Prospect lake Park".
The second choice was "Clearwater Central Park"'.
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It was suggested that as the downtown is in the process of being developed and efforts
are being made to create a unique character in the downtown, this item be tabled to allow for
additional names to be submitted. It 'Nas suggested that Prospect lake Park would not
adequately reflect the character and history of the downtown. Bilgore or Roebling were
suggested as possible names.
Concerns ,,','ere expressed that naming this park is being "beat to death." It was
suggested the park be named as recommended and if there is a compelling reason to do so,
rename it in the future.
, It was remarked that Jack Eckerd has been a large part of the community. It was
suggested the naming of the Town lake be deferred until a more specific character is
developed in the downtown. '
Commissioner Hibbard moved to name the town lake Eckerd lake Park. The motion
'Nas duly seconded.
, Discussion ensued and it was felt the Eckerd family should be consulted regarding the
suggestion. '
Commissioner Hibbard and the seconder withdrew the motion.
.
Commissioner Hibbard moved to continue Item #29 regarding the Parks and Recreation
Board's recommendation to the next meeting. The motion was duly seconded and carried
unanimously. '
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It was remarked that the matter would have to go back to the Parks and Recreation
Board for further review.
Commissioner Gray moved that the motion to continue Item #29 regarding the Parks
and Recreation Board's recommendation to the next meeting be reconsidered. The motion
was duly seconded and carried unanimously.
Commissioner Hamilton moved to continue Item #29 to a date uncertain. The motion
was duly seconded and carried unanimously.
Staff will bring fOlWard recommendations regarding changing the naming process.
30. First Readinq Ordinance No. 7163~03 - Amendinq Chapter 17: Fire Prevention to
achieve compliance with amended Florida Statute 633:0215 and Florida Administrative Code
4A-60: Florida Fire Prevention Code: delete local amendments superseded by Statute: and
modify penaltv for violation of articles.
Florida Statute 633: Fire Prevention and Control was amended to create a statewide
Unified Prevention Code, adopting National Fire Protection Association, NFPA 1: Fire
Prevention Code and NFPA 101: Life Safety Code and their referenced standards. This
amendment change aligns our City Fire Code to the new State law, eliminating the need for
separate City Fire Prevention and Life Safety Codes, which are deleted in this change. Also,
the Ordinance change creates an incentive for prompt code compliance by city businesses.
Clearwater has approximately 15,000 commercial occupancies that are subject to
inspection by the Fire Marshal's Office under Florida Statute 633. The inspection cycle is
determined by the amount of time between a fire inspeCtor's first proactive visit to a business
and the next proactive visit upon completion of the remaining 15,000 occupancies. The current
inspection cycle is approximately 8-10 years. One of the Fire Chiefs strategic goals is to
perform on a two-year cycle consistently. The Fire Service recognizes a corollary effect of
increasing code violations to an increasing inspection cycle, meaning the longer it takes for fire
inspectors to complete a full rotation of the inspection cycle, the more significant the violations
become and need for follow-up reinspections increase. One area that significantly decreases
inspection production is the amount of time and resources needed to perform re-inspections (or
follow-ups) 'tor tracking corrections to code non-compliance. Business owners who are
violation-free need no follow-up, and business owners who take appropriate corrective action if
a violation is found on the first visit need only a brief follow-up visit to ensure compliance.
Unfortunately, some businesses choose to abuse our internal policy of not taking an owner to
court unless it is the last resort, which forces us to return as many as five times before full
compliance is met and a safe environment for our citizens is achieved.
Commissioner Jonson moved to approve amending Chapter 17: Fire Prevention to
achieve compliance with amended Florida Statute 633:0215 and Florida Administrative Code
4A~60: Florida Fire Prevention Code: delete local amendments superseded by Statute; and
modify penalty for violation of articles. The motion was duly seconded and carried
unanimously.
Ordinance #7163-03 was presented for first reading and read by title only.
Commissioner Hamilton moved to pass Ordinance #7163-03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
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"Ayes": GraYt Hamiltont Jonsont Hibbardt and Aungst.
UNays": None.
31. First ReadinQ Ordinance No. 7193-03 - Amending Chapter 5: Fire Alarms. to delete and
modify definitions: to limit the number of courtesy warninQs; and to modify the procedures
relating to issuance of citations for false alarms.
This ordinance change is required to: create an incentive to minimize false alarm
activations within th'e City; prescribe when written courtesy warnings and civil penalties will be
assessed; modify the classification of the false alarm violations and associated penalties; and
eliminate the administrative false alarm fee.
The City of Clearwater has approximately 15.000 commercial occupancies within our
Fire Dis,trict. Many of these have Fire Alarm systems as a proactive fire protection device.
Although some of the alarm systems were installed to reduce insurance premiumst the vast
majority are there because the code requires them. The code also requires that they function
properlYt which is not occurring as consistently as we need.
In 2001 t' Clearwater Fire and Rescue responded to 1,210 False Alarms (over 3 per day).
In 2002. the total climbed to an all-time high of 1 t550. In 2003 through August 18th, we
experienced 879 false alarms. All of these are actual false alarms validated by investigation of
the responding officer at the incident. Our protocols account for real fire situations and the
instances where alarms are activated in good faith. We do not consider these to be false calls
for reporting purposes.
When fire alarms activate. an automatic response of vehicles and personnel is sent
, depending on size of the building and nature of the call. The true costs to the department for
responding to each of these types of false emergencies range from approximately $350 to
$2500 (depending on how many resources are initially summoned). .There are other intangible
costs ranging from emergency responders experiencing undo stress during the actual response
to the real risk of multiple emergency vehicles running "Code 3-. to the traveling public. In
addition. while fire and rescue emergency personnel and equipment are responding to the false
alarms. they become unavailable to respond to actual fire and EMS emergencies.
The proposed amendment to the current ordinance subjects business owners to a civil
penalty for a class II violation ($141.00 for fine plus court costs) for the first recurring offense if
the violator chooses to not appear in court and not contest the violation. This amount doubles
with the second and subsequent recurring violations. The costs are based on the court
sch~dule of fees for a class II violation and are not established by the Fire Department or the
City. If the violator does appear in courtt the court may establish a penalty of up to $500.00 for
each offense. The Fire department does not want to penalize the responsible building ownert so
the first false alarm each calendar year will incur no penalty other than a courtesy letter of
warning about any additional alarms.
Based on the above statistics. we expect to generate approximately $1 OOtOOO the first
year. The fire department is proposing this ordinance changet not as a lucrative revenue
sourcet but rather as an incentive to business owners to reduce false alarm activity. It does not
impact businesses that use our services sparingly (by not assessing any charges to them); ,
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whereas the t1abuser1 pays a nominal fee that offsets the human resource costs for which they
generate the need. Nationally, jurisdictions that impose this specific penalty usually see an
immediate decrease in false activity thereby, reducing any dependable revenue source.
Although sizeable initial year revenues are projected, these are expected to drop appreciably as
businesses eliminate or reduce improper false alarm activity.
Commissioner Hibbard moved to approve amending Chapter 5: Fire Alarms, to delete
and modify definitions; to limit the number of courtesy warnings; and to modify the procedures
relating to issuance of citations for false alarms. The motion was duly seconded and carried
unanimously. '
Ordinance #7193-03 was presented for first reading and read by title only.
Commissioner Hamilton moved to pass Ordinance #7193-03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
nAyes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
32. Approve the collective barqaininq aqreements as negotiated between the City of
Clearwater and Fraternal Order of Police, Lodqe # 10 and Clearwater Supervisors, for Fiscal
Years 2003/04, 2004/05, and 2005/06.
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The most recent collective bargaining agreements between the City of Clearwater and
the Fraternal Order of Police expired on September 30,2003. City management staff and
representatives of F.O.P. met beginning June of 2003 to negotiate separately new contracts for
the rank and file and supervisor bargaining units. The parties reached tentative agreements on
October 1, 2003, and September 29,2003, respectively. The Unions submitted the proposed
agreements'to their individual memberships for ratification. The rank and file unit ratified by a
vote of 105 to 14 on October 14, 2003, and the supervisor unit ratified by a vote of 47 to 1 on
October 10, 2003.
These are three-year agreements at a total cost of approximately $2 million over the life
of the contracts. This amount will necessitate in FY 2003/04 a first quarter budget amendment
to the Police Department operating budget in the amount of approximately $140,000 from the
unappropriated retained earnings of the general fund.
The agreements contain the following provisions:
Wages & Compensation:
Provide for step adjustments, a one-time lump sum bonus of either $250 or $500 to
targeted employees, and a 30/0 general wage increase effective October 1 t 2003. Provide for
40/0 general wage increase effective October 1, 20041 and October 1, 2005, in addition to
maintaining existing step merit pay increase plan. '
, .
Human Resources Director Joe Roseto said both contracts have been ratified.
Commissioner Hamilton moved to approve the collective bargaining agreements as
negotiated between the City of Clear:water and Fraternal Order of Police, Lodge, # 10 and
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Clearwater, Supervisors, for Fiscal Years 2003/04, 2004/05, and 2005/06 and the appropriate
officials be authorized to execute same. The I!'otion was duly seconded and carried
unanimously. '
33. IAFF Union NeQotiations Uodate
, Mr. Roseto said the City is scheduled to meet with the firefighter union and a Federal
mediator on October 22, 2003. A Special Master has been chosen to help with the impasse. ,
34. Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
35. Other City Attornev Items
a.' Emergency Alcoholic Beverage Ordinance #7216-03 - Relating to the opening and closing
hours for AI~oholic Beverage Establishments and to adopt hours established by the Board of
County Commissioners.
, The proposed amendment to the Clearwater Code of Ordinances would bring the City of
Clearwater into conformance .with the closing hours for alcoholic beverage establishments
currently contained in Chapter 6, Article II of the Pinellas County Code of Ordinances.
The proposed amendment would allow for the sale of alcoholic beverages on Sundays
to commence at 11 :00 a.m., rather than the 1 :00 p..m. Sunday time currently allowed in the
Clearwater Code of Ordinances. '
The City Attorney noted this emergency Ordinance will 'expire in 90 days. Ordinance
#7217-03 will be adopted at the next meeting and will be the permanent Ordinanc~.
Emergency Ordinance #7216-03 was presented for first reading and read by' title only~ .
Commissioner Jonson moved to pass Ordinance #7216-03 on first and final reading. The
motion was duly seconded and upon roll Call, the vote was: '
ttAyes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
ttNays": None.
b. 'Alcoholic Beverage Ordinance # 7217-03 - Relating to the opening and closing hours for
Alcoholic Beverage Establishments and to adopt hours established by the Board of County
Commissioners. '
Ordinance #7217-03 was presented for first reading and read by title only.
Commissioner Gray moved to pass Ordinance #7217-03 on first and final'reading. The motion
,,,,'(35 duly seconded and upon roll call, the vote was:
"Ayest': Gray, Hamilton, Jonson, Hibbardt and Aungst.
"Nays": None.
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36.
City ManaQer Verbal Reports
In response to a question. Mr. Brumback said due to current confusion, the City is not
ticketing residents for watering their lawns. Once the County decides on its watering policy, the
City will go along with it.
37. Commission Discussion Items
a. City Attorney's Evaluation
Each Commissioner presented their evaluation of the City Attorney's performance for
the year. They all ranked her as "exceeds expectations".
b. City Manager's Evaluation
Commissioners presented their evaluations of the City Manager's performance for the
year. On a scale of 1 - 5. the City Manager received a rating of above "4". .
Salary adjustments for the City Attorney and City Manager will be considered at the next'
meeting. '
38. Other Commission Action
Commissioner Hibbard went to the Police Officer promotion ceremony. He said he
appreciates their camaraderie. He attended the Make a Difference Fishing Tournament and felt.
it was touching to see kids with special needs enjoying themselves. He participated in the
" Youth Leadership Pinellas interviews. He said the applicants were impressive and its future is
in good hands.
Mavor AunQst y.'ished Commissioner Jonson, Assistant City Manager Garry Brumback,
City Clerk Cyndie Goudeau. and Commission Staff Assistant Carolyn Brink Happy Birthday. He
said the Commission participated in the Jazz Holiday kick-off party on October 14. He attended
Conversations on the Future of Downtown Clearwater October 14. The next sessions are on
October 21 and 27 at 7:00 p.m. Some Commissioners attended the October 15 Lowe's Grand
Opening at Clearwater Mall. He welcomed the gathering of the National Association of Retired
Federal Employees at the Harborview Center today. He encouraged everyone to support the
Food Pantry and attend their RCS Rally on October 17 at 9:00 a.m. On October 18 at 9:45
a.m. he will attend grand opening of Jared the Galleria of Jewelry at Clearwater Mall. He
encouraged everyone to attend the Clearwater Jazz Holiday tonight through October 19. The
Grand Opening of the NextWave Computer Store at Clearwater Mall is October 24 at 10:00
a.m. The National Conference for Community and J~stice kick-off campaign is at Tampa Chy
Hall on October 28 at 3:00 p.m. Their slogan is Use Your Voice! 'Eliminate Hate! On October
29 at 5:30 p.m. he will attend the Ruth Eckerd Hall Re-opening Gala regarding their extensive
renovation. On November 1 at 8: 15 a.m. he will join in the Heart Walk at the Ice Palace. The
next Work Session is November 3 at 9:00 a.m.
Commissioner Jonson found conversations held regarding Downtown fascinating and '
encouraged everyone to attend meetings Tuesdays. He attended Senator Sebestais Tampa
Bay Commuter Rail Authority meeting last Wednesday. He said the legislation has been asleep
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for ten years. There may be revenue bonds to fund that project but a feasibility study first is
. needed. The FOOT currently is doing an intermodal transportation study that can be expanded
Results of that study are expected in spring. . ,
Commissioner Hamilton attended the Make a Difference Fishing Tournament. The
Tournament will need help from City to put' on the tournament twice a year. He encouraged
everyone to be careful this Halloween 'as it is on Friday this year. He wished his older brother
Happy Birthday.
Commissioner Grav said lots of things,are going on In the City. She announced she
must.resign her seat in December as her husband has received a very good business .
opportunity that will require her to relocate. ~he said she has enjoyed selVing with everyone.
She thanked everyone for' their friendship and support. '
39.' Adjournment
The m~eting adjourned,at 8:41 p.m.
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