06/04/2009
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
June 4, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
Also present: William B. Horne - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia
E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order
The Mayor called the meeting to order at 6:00 p.m. at City Hall.
2. Invocation - Councilmember Cretekos
3. Pledge of Allegiance - Mayor Hibbard
4. Presentations
4.1 Home Ownership Month Proclamation - June 2009
4.2 Hurricane Awareness Month Proclamation - June 2009
4.3 Miss Florida, Jessica Fehr - Key to the City presented.
5. Approval of Minutes
5.1 Approve the minutes of the May 21, 2009 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Carlen Petersen moved to approve the minutes of the May 21, 2009
City Council Meeting as submitted in written summation by the City Clerk. The motion
was duly seconded and carried unanimously.
Council 2009-06-04 1
6. Citizens to be Heard re Items Not on the Agenda
John Wiser said the streetlight on Countryside Boulevard has not been replaced since
issue was reported a month ago.
Duke Tieman expressed concerns with information provided to Lake Belleview
community regarding the proposed stormwater improvements.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve a substantial change amendment to the City’s FY 2008-09 Consolidated
Action Plan to receive an additional appropriation of $251,549 in funding from the
American Recovery and Reinvestment Act of 2009 and authorize the appropriate
officials to execute same.
On February 17, 2009, the U.S. Congress authorized funding through the
American Recovery and Reinvestment Act of 2009 (Act) to provide additional
appropriations to the Community Development Block Grant Program under Title I
of the Housing and Community Development Act of 1974, as amended. Through
this appropriation, the City of Clearwater, Florida will receive additional funding
from the FY 2008-2009 Community Development Block Grant Program-Recovery
(CDBG-R).
The main purpose of the funds is to maximize job creation and provide economic
benefits by preserving and creating jobs and promoting economic recovery;
assisting those most impacted by the recession; providing investment needed to
economic efficiency; investing in transportation, environmental protection, or other
infrastructure that will provide long-term benefits; minimizing or avoiding
reductions in essential services; or fostering energy independence.
To meet these mandates, we are recommending funding for the following
projects:
* General Program Administration – Provide funding in the amount of $25,154
for administration costs to implement the program.
* East Gateway District Façade and Building Lot Improvement Program -
Provide funding in the amount of $80,000 for loans to for-profit business owners to
improve the building facades of their buildings in the East Gateway Neighborhood
Revitalization Strategy Area.
Council 2009-06-04 2
* East Gateway Sidewalk Improvement Project – Provide funding in the
amount of $146,395 to install or improve the sidewalks in the East Gateway
Neighborhood Revitalization Strategy Area.
The Act further requires the funds to be committed to projects by November 20,
2009 and expended by September 30, 2012. Placing emphasis on projects in the
East Gateway Neighborhood Revitalization Strategy Area allows to city to meet
the obligation outlined in the recently adopted strategic plan and show HUD the
city’s commitment to revitalizing the area. It will also allow the city to meet the
commitment timeline mandate.
A third quarter budget amendment will establish three projects to recognize the
HUD grant.
Councilmember George N. Cretekos moved to approve a substantial change
amendment to the City’s FY 2008-09 Consolidated Action Plan to receive an additional
appropriation of $251,549 in funding from the American Recovery and Reinvestment
Act of 2009 and authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
7.2 Amend Article VII, Solid Waste Management, Section 32.271 through 32.322,
Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public
Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates
through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7), and
pass Ordinance 8025-09 on first reading.
The following amendments are being proposed in addition to the amendments
discussed with Council previously and outlined below. 1) add definitions for
commercial waste and industrial waste, 2) rename "construction debris" to
"construction or demolition debris" and update definition that vegetative matter is
not considered construction or demolition debris, 3) add language to Section
32.288 to allow sole proprietors or corporate entities to obtain permits to collect or
haul refuse within the city limits, provided they use trailers or other similar rubber
tire vehicles with capacities no larger than fifteen (15) cubic yards.
The following amendments were discussed previously with Council:
The proposed amendments to this Ordinance and Appendix A include the
recommendation for exclusivity for the City’s roll-off operation and various wording
changes meant to clarify, update, or strengthen the current Ordinance and
Appendix.
Article VII, Solid Waste Management
Council 2009-06-04 3
Update Language and added definitions
Solid Waste to Solid Waste/General Services
Solid Waste Director to Solid Waste/General Services Director
City Commission to City Council
Definitions added:
- Containerized service: collection of solid waste or recyclables in city-approved
containers.
- Contamination: when more than de minimis non-recyclable items are included
with recyclables, or two or more types of recyclables are commingled.
- Eviction or move-out refuse: refuse left for collection resulting from an eviction
or move-out.
- E-waste: inoperative or discarded electronic components.
- Late payment: means any payment remitted after the required due date.
- Recovered materials dealer: person or entity who handles, purchases, receives,
recovers, sells, or is an end-user of recovered materials.
- Roll-off container: large capacity container used for commercial, industrial
service, or special purposes, including but not limited to, containers with
capacities between (10) and (40) cubic yards and which is transported with its
contents to a solid waste disposal site.
- Servicing: interaction with Solid Waste/General Services with regards to
installing, cleaning, deodorizing, pulling, removing, or repairing damage to waste
receptacles.
- Waste receptacle: vehicle or container used to collect, transfer or haul solid
waste or construction debris.
Strengthen Enforcement Capabilities
- Language added to Sec. 32.276 that designated solid waste personnel have the
"authority to exercise limited police powers to enforce provisions of this chapter."
Appendix A, Schedule of fees, rates and charges
Establish Rates
Solid Waste curbside collection rates for customers outside the city limits
(Agreements To Annex) - add a 125% monthly surcharge to provide curbside
service to accounts outside city limits.
Dumpster cleaning charges of $100 per receptacle after two free cleanings per
Council 2009-06-04 4
year.
Annual maximum of yard waste per dwelling - four complimentary pick ups
beyond the once-weekly yard waste collection per 12-month period not to
exceed 40 cubic yards in the 12-month period.
Exclusivity for Roll-Off Operations
The provision of roll-off and compactor service in the City of Clearwater is
currently open to all private roll-off haulers and the City’s Solid Waste
Department. Exclusivity would prohibit private haulers from doing roll-off business
within the City limits. This recommendation is based on the following:
- Revenue Opportunity: Current City roll-off operation has the capacity to absorb
additional business without adding full-time equivalent positions (FTEs) or
equipment.
- Savings: Staff costs and hours necessary (approximately 1,200 hours) to
enforce collection of the 15% franchise fee from private haulers.
- Customer Service: Continue high level of customer service (service same day
or next, deodorize and clean containers, etc.)
- Efficiency: Area of operation within the City limits allows for a short turn-around
to service.
- Location: Transfer Station is centrally located with the City and has the
capacity to for additional refuse.
There are eight FTEs assigned to the roll-off operation. The operation also
includes six roll-off trucks providing service five days a week.
Vice-Mayor Paul Gibson moved to amend Article VII, Solid Waste Management, Section
32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges,
Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection
rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7).
The motion was duly seconded and carried unanimously.
Ordinance 8025-09 was presented for first reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8025-09 on first reading.
The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos,
Doran, Gibson, Petersen and Hibbard.
"Nays": None.
8. Second Readings – Public Hearing
Council 2009-06-04 5
8.1 Adopt Ordinance 8023-09 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use designation
for certain real property whose post office address is 323 Jeffords Street and 300
Pinellas Street, together with the vacated right-of-way of Sadler Street and Bay
Avenue; and certain property located on the east side of Reynolds Avenue
approximately 190 feet north of Pinellas Street, consisting of Lot 8, S.J. Reynolds
Subdivision, whose post office address is an unaddressed parcel on Reynolds
Avenue from Residential/Office General (R/OG) to Institutional (I).
One individual spoke in opposition. Planning Director Michael Delk said the
staff report acknowledges the ‘F’ Level of Service rating. The item before
Council is to correct an error that occurred a decade ago. Engineering
Director Mike Quillen said plans include upgrading the intersection at Pinellas
Street and Fort Harrison Avenue. Staff is working with the hospital regarding
funding.
Hospital representative Mark Marquardt said items before Council is to make
all zoning within hospital campus consistent.
Ordinance 8023-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8023-09 on second
and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.2 Adopt Ordinance No. 8024-09 on second reading, amending the Zoning Atlas of
the city by rezoning certain real property whose post office address is 323
Jeffords Street and 300 Pinellas Street, together with the vacated right-of-way of
Sadler Street and Bay Avenue; and certain property located on the east side of
Reynolds Avenue approximately 190 feet north of Pinellas Street, consisting of
Lot 8, S.J. Reynolds Subdivision, whose post office address is an unaddressed
parcel on Reynolds Avenue, from Office (O) to Institutional (I).
One individual spoke in opposition.
It was stated that these ordinances were approved a decade ago and the City
failed to send them to DCA (Department of Community Affairs). Any concerns
will be addressed in the future.
Council 2009-06-04 6
Ordinance 8024-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8024-09 on
second and final reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.3 Adopt Ordinance No. 8028-09 on second reading, making amendments to the
Community Development Code to further the consistency between the
Community Development Code and the City’s Comprehensive Plan by
implementing public school concurrency.
Ordinance 8028-09 was presented for second reading and read by title only. Vice-
Mayor Paul Gibson moved to adopt Ordinance 8028-09 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None.
8.4 Adopt Ordinance No. 8042-09 on second reading, making amendments to the
sidewalk or outdoor cafe sections of the Community Development Code.
Ordinance 8042-09 was presented for second reading and read by title only.
Councilmember Carlen Petersen moved to adopt Ordinance 8042-09 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None.
8.5 Adopt Ordinance No. 8050-09 on second reading, annexing certain real property
whose post office address is 1935 Old Coachman Road, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
Ordinance 8050-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8050-09 on second
and final reading. The motion was duly seconded and upon roll call, the vote
was:
Council 2009-06-04 7
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.6 Adopt Ordinance No. 8051-09 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 1935 Old Coachman Road,
upon annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8051-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8051-09 on
second and final reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.7 Adopt Ordinance No. 8052-09 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1935 Old
Coachman Road, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 8052-09 was presented for second reading and read by title only.
Vice-Mayor Paul Gibson moved to adopt Ordinance 8052-09 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.8 Adopt Ordinance No. 8053-09 on second reading, annexing certain real property
whose post office address is 3012 Glen Oak Avenue North, together with the
abutting right-of-way of Glen Oak Avenue North, into the corporate limits of the
Council 2009-06-04 8
city and redefining the boundary lines of the city to include said addition.
Ordinance 8053-09 was presented for second reading and read by title only.
Councilmember Carlen Petersen moved to adopt Ordinance 8053-09 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.9 Adopt Ordinance No. 8054-09 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 3012 Glen Oak Avenue North,
together with the abutting right-of-way of Glen Oak Avenue North, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8054-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8054-09 on second
and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.10 Adopt Ordinance No. 8055-09 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 3012 Glen
Oak Avenue North, together with the abutting right-of-way of Glen Oak Avenue
North, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8055-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8055-09 on
second and final reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
Council 2009-06-04 9
"Nays": None.
8.11 Adopt Ordinance No. 8056-09 on second reading, annexing certain real property
whose post office address is 918 Moss Avenue, into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
Ordinance 8056-09 was presented for second reading and read by title only.
Vice-Mayor Paul Gibson moved to adopt Ordinance 8056-09 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.12 Adopt Ordinance No. 8057-09 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 918 Moss Avenue, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8057-09 was presented for second reading and read by title only.
Councilmember Carlen Petersen moved to adopt Ordinance 8057-09 on
second and final reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.13 Adopt Ordinance No. 8058-09 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 918 Moss
Avenue, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Council 2009-06-04 10
Ordinance 8058-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8058-09 on second
and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.14 Adopt Ordinance No. 8062-09 on second reading, annexing certain real property
whose post office address is 1831 Beverly Circle North, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 8062-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8062-09 on
second and final reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.15 Adopt Ordinance No. 8063-09 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 1831 Beverly Circle North, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8063-09 was presented for second reading and read by title only.
Vice-Mayor Paul Gibson moved to adopt Ordinance 8063-09 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
Council 2009-06-04 11
8.16 Adopt Ordinance No. 8064-09 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1831 Beverly
Circle North, upon annexation into the City of Clearwater, as Low Density
Residential (LDR).
Ordinance 8064-09 was presented for second reading and read by title only.
Councilmember Carlen Petersen moved to adopt Ordinance 8064-09 on
second and final reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.17 Adopt Ordinance No. 8065-09 on second reading, annexing certain real property
whose post office address is 1927 Summit Drive, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
Ordinance 8065-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8065-09 on second
and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.18 Adopt Ordinance No. 8066-09 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 1927 Summit Drive, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8066-09 was presented for second reading and read by title only.
Council 2009-06-04 12
Councilmember George N. Cretekos moved to adopt Ordinance 8066-09 on
second and final reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.19 Adopt Ordinance No. 8067-09 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1927 Summit
Drive, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8067-09 was presented for second reading and read by title only.
Vice-Mayor Paul Gibson moved to adopt Ordinance 8067-09 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
8.20 Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 to amend Article
VII, Solid Waste Management, Section 32.271 through 32.322, Amend Appendix
A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates
and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-
off container or waste receptacle service(5)(b)(ii)(7.
Councilmember Carlen Petersen moved to continue second reading of Ordinance 8025-
09 to June 18, 2009. The motion was duly seconded and carried unanimously.
City Manager Reports
9. Consent Agenda
9.1 Accept two $200,000 Brownfields assessment grants funded through the US
Environmental Protection Agency (EPA) and authorize the appropriate officials to
Council 2009-06-04 13
execute same. (consent)
9.2 Approve waiver of existing City liens in the amount of $16,863.11 associated with
the demolition and lot clearing that occurred in 1995 and 1996 for the properties
located at 1007 and 1009 LaSalle Street. (Legal description: GREENWOOD
MANOR, LOT 9 and 10). Owner: Mt. Carmel Community Development
Corporation of Clearwater, Inc., 1014 Pennsylvania Avenue, Clearwater, Florida.
(consent)
9.3 Reappoint Mr. Rick G. Stucker to a two-year term as a Trustee of the Clearwater
Firefighters Supplemental Trust Fund in accordance with Sec. 175.061 of the
Florida State Statutes. (consent)
9.4 Approve a blanket purchase order contract to Smith Fence of Clearwater, Florida,
in the amount of $150,000 for the purchase and installation of fencing at various
projects throughout the City during the contract period May 22, 2009 through May
21, 2010, in accordance with Sec. 2.564 (1)(d), Code of Ordinances Pinellas
County Purchasing Cooperative Bid #089-0148-B (SS), and authorize appropriate
officials to execute same. (consent)
9.5 Approve extension of agreements for contractual services related to Clearwater’s
Human Trafficking Immersion Training Project to the end date of the grant period
and approve a new agreement with Directions for Mental Health, Inc. and
authorize the appropriate officials to execute same. (consent)
9.6 Appoint Mary Van Weezel to the Library Advisory Board with the term to expire
June 30, 2013.
9.7 Authorize additional funds to Bricklemyer Smolker & Bolves, P.A., for continued
representation of the City in several inverse condemnation litigation cases arising
from the construction related to the Beachwalk Project, in the amount of
$100,000. (consent)
Councilmember John Doran moved to approve the Consent Agenda and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
10. Other Items on City Manager Reports
10.1 Approve a 5-year Revocable License Agreement from July 1, 2009 through June
30, 2014, between the City of Clearwater and Sunsets at Pier 60 Society, Inc. to
Council 2009-06-04 14
provide a nightly festival at Pier 60 Park to promote tourism to Clearwater and
Clearwater Beach and authorize the appropriate officials to execute same.
Sunsets at Pier 60 Society, Inc. (Agency), entered into a trial agreement with the
City on March 2, 1995 to provide the nightly festival known as “Sunsets at Pier
60”. The event met with great success and the Agency has been providing the
festival for the past 13 years. The original agreement with the Agency is outdated
and a new formal agreement is needed to protect the interest of the City as well
as the Agency. Weather permitting the Agency will be responsible to provide a
nightly Festival at Pier 60 Park from 2 hours before sunset until 2 hours after
sunset. The Festival may include activities such as arts and crafts vendors, music,
concerts, dance, entertainers and special events and activities. The new
agreement spells out the appropriate uses of Pier 60 and Pier 60 Park as well as
the maintenance and insurance requirements of the Agency. One of the new
requirements is to prohibit as a part of the Festival all animal acts. This was
necessary due to the additional management and liability issues necessary to
continue these acts. The City will provide the following funding and in-kind
services: An operational grant of $23,870 has been provided for FY
2008/09. Grants for future years are subject to annual budget approval by the City
Council. Parks & Recreation Department is recommending a 10% reduction in
this grant for FY 2009/10 by $2,390 to $21,480, from the parking fund. Beach,
lawn and landscape maintenance for all areas on and around Pier 60 and Pier 60
Park. Maintenance for all major capital components of Pier 60 and Pier 60
Park. Use of existing furnishings on site, i.e. chairs, tables, PA system etc.
In response to questions, Parks & Recreation Director Kevin Dunbar said no
alcohol is served by vendors. No complaints have been made regarding
“Tequila” the parrot. Individuals have expressed concerns regarding the
welfare of a performing monkey. Mr. Dunbar said staff has dedicated 40-50
hours addressing concerns re performing animals. Two individuals opposed
disallowing animals at events.
It was stated that is was in Council’s discretion to allow, or not, domesticated
animals at events.
Discussion ensued regarding performing animals.
It was suggested that subsection 2 regarding prohibited animal acts be
deleted from the agreement.
Councilmember George N. Cretekos moved to approve Item 10.1as
amended, by deleting Subsection 2 from the agreement. The motion was
duly seconded. Upon the vote being taken, Councilmembers Cretekos,
Petersen, Vice-Mayor Gibson and Mayor Hibbard voted “Aye” and
Councilmember Doran voted “Nay.”
Council 2009-06-04 15
Motion carried.
10.2 Approve amending Section 22.24(2) of the City of Clearwater Code of Ordinances
to change the hours of operation for Mandalay Park from Closed from 11:00 p.m.
until 6:00 a.m. to Closed from Sunset until Sunrise and pass Ordinance 8069-09
on first reading.
On February 3, 2005, Ordinance 7376-05 was approved at second reading to 1)
regulate hours of operation for parks; 2) prohibit trespassing on parks; and 3)
allow the posting of a sign to inform the public of said hours. Ordinance 7376-05
amended Section 22.24 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
Manger. The Ordinance provided a tool that City law enforcement officers use to
more effectively patrol City parks and enforce the hours of operation at each
park. It reduced the number of persons trespassing on park property after closing
hours and reduces some of the vandalism that occurs during these times. This
requested hours change was provided from the Police Department after
numerous after hour problems. Mandalay Park is now open until 11:00 p.m., but
does not have lighting and due to tree cover, is completely dark. Due to these
conditions, it is becoming an area for illicit activity. Ordinance 8069-09 changes
the hours that Mandalay Park is to be closed from sunset until sunrise, to deter
the illicit activity at the park.
Vice-Mayor Paul Gibson moved to approve amending Section 22.24(2) of the City of
Clearwater Code of Ordinances to change the hours of operation for Mandalay Park
from "Closed from 11:00 p.m. until 6:00 a.m." to Closed from Sunset until Sunrise." The
motion was duly seconded and carried unanimously.
Ordinance 8069-09 was presented for first reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8069-09 on first
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
10.3 Approve a 1-year Partnership and Operational Support Agreement from October
Council 2009-06-04 16
1, 2009 through September 30, 2010, between the City of Clearwater and
Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater
Shuffleboard Club (Clubs), for the use and supervision of certain City owned
buildings and facilities and authorize the appropriate officials to execute same.
The Clearwater Lawn Bowls and Shuffleboard Clubs have been active in
Clearwater for over 50 years currently operating out of the Complex at the corner
of Alternate19 and Calumet Street; while the Horseshoe Club has offered
programs at Ed Wright Park for over 30 years.
All three of these adult groups continue to provide recreational opportunities to the
citizens of Clearwater in their specific specialty i.e. Lawn Bowls, Shuffleboard and
Horseshoes.
In addition to offering open sessions, providing lessons, conducting tournaments
and providing social activities for their participants they have provided the
supervision and general maintenance of the buildings and facilities assigned to
each group.
Currently, each group signs an annual co-sponsor agreement for the use of the
facilities and programming of same. The template for these agreements was
approved by the Council and were originally designed to cover primarily the youth
groups operating in Clearwater.
Staff has recognized that these adult groups contribute in ways different than the
youth groups primarily in the area of supervising and maintaining a building
owned by the City of Clearwater. All other agencies managing public facilities are
required to enter into a separate partnership and operational support agreement.
Therefore, staff is recommending that the City enter into separate agreements
with the Lawn Bowls Club, Shuffleboard Club and Horseshoe Club.
The agreements with each group are similar with the only change being what
services each provides and the person(s) entering into the agreements. The
groups’ primary mission is to provide programs including supervision and
maintenance to meet the recreational needs of the public including the residents
of Clearwater. The City will continue to provide maintenance of the grounds, and
provide capital building and maintenance service to the buildings. In turn, these
groups will not be required to meet the resident/non-resident card
requirements.
If the Council approves these agreements there will be an annual net savings of
$58,810 to the general fund budget. Each group is 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.
Council 2009-06-04 17
Parks and Recreation Director Kevin Dunbar said the City provides landscaping,
infrastructure maintenance and utilities. The groups will be responsible for cleaning
interior.
Four individuals expressed concerns with the Lawn Bowls organization’s ability to meet
funding requirements. Discussion ensued. Concerns were expressed regarding impact
budget cuts in Parks & Recreation will have to bolstering local tourism.
Councilmember George N. Cretekos moved to approve a 1-year Partnership and
Operational Support Agreement from October 1, 2009 through September 30, 2010,
between the City of Clearwater and Clearwater Horseshoe Club, Clearwater Lawn
Bowls Club and Clearwater Shuffleboard Club (Clubs), for the use and supervision of
certain City owned buildings and facilities and authorize the appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
11. City Attorney Reports
11.1 Approve amending Section 22.40, Code of Ordinances, to require the leashing of
dogs located at specific areas on Clearwater Beach and requiring the removal of
pet waste and pass Ordinance 8074-09 on first reading.
On Clearwater Beach, dogs are prohibited on the public bathing beach, which is
bounded on the north by Somerset Street, however, dogs are not prohibited on
the sandy beach or swimming areas abutting the sandy beach located from the
boundary of Somerset Street to the northern most boundary of Clearwater Beach.
The City Council heard evidence at its meeting on May 7, 2009, from the
Clearwater Audubon that dogs have an adverse affect on the nesting of shore
birds. The City Council also heard the testimony from dog owners who own
property on the northern portion of Clearwater Beach and who have used the
sandy beach as a recreation area for themselves and their dogs. The City Council
has determined that a balance can be achieved between the protection of shore
birds and the use of the sandy beach by dog owners if dogs are required to be
restrained and on adequate leashes when the dogs are on the sandy beach or in
the swimming areas abutting the sandy beach located from the boundary of
Somerset Street to the northern most boundary of Clearwater Beach. The City
Council has also determined that the health, safety, and welfare of individuals is
enhanced when pet owners or those in charge of the pet are required to remove
all feces deposited by such animal on the sandy beach .
Four individuals spoke in support.
Council 2009-06-04 18
Councilmember John Doran moved to approve amending Section 22.40, Code of
Ordinances, to require the leashing of dogs located at specific areas on Clearwater
Beach and requiring the removal of pet waste. The motion was duly seconded and
carried unanimously.
Ordinance 8074-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8074-09 on
first reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
11.2 Approve amending Subsection (2)(a) of Section 17.06, Code of Ordinances,
relating to fireworks displays, to prohibit the issuance of permits on specified
areas of Clearwater Beach during specified times, and Pass Ordinance 8075-09
on first reading.
The City Council heard evidence at its meeting on May 7, 2009, from the
Clearwater Audubon that human activities, such as fireworks displays, have an
adverse affect on the nesting of shore birds on the sandy beach located from the
boundary of Somerset Street to the northern most boundary of Clearwater Beach.
The City Council has determined that a balance can be achieved between the
protection of shore birds and the use of the sandy beach by prohibiting the
issuance of permits to conduct a fireworks display or a pyrotechnic special effect
display during the breeding season of shore birds. Ordinance 8075-09 prohibits
issuance of permits for fireworks displays on Clearwater Beach north of Somerset
Street between February 1 and August 31.
One individual questioned penalty for violation. It was stated that violators would receive
a notice to appear in county court and can be fined.
Vice-Mayor Paul Gibson moved to approve amending Subsection (2)(a) of Section
17.06, Code of Ordinances, relating to fireworks displays, to prohibit the issuance of
permits on specified areas of Clearwater Beach during specified times The motion was
duly seconded and carried unanimously.
Ordinance 8075-09 was presented for first reading and read by title only.
Council 2009-06-04 19
Councilmember Carlen Petersen moved to pass Ordinance 8075-09 on first
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard.
"Nays": None.
12. City Manager Verbal Reports
12.1 City Manager Verbal Reports
Boat Slips Update
Assistant City Manager Rod Irwin said Pinellas County approved the application and
construction is scheduled to begin in July. The project should be completed by
December. It will take 30-45 days to construct sea wall.
13. Council Discussion Items
13.1 Well Field Expansion Project
Engineering Manager Rob Fahey provided an overview of the project. The
well field expansion project has been reviewed and permitted by both the
Southwest Florida Water Management District (SWFWMD) and the Florida
Department of Environmental Protection (FDEP). Site selection process had
to meet all codes and standards. Wells are spaced throughout Clearwater to
avoid over-pumping in one area. Mr. Fahey said 30% of the water supply is
produced locally and the remaining 70% is purchased from Pinellas County.
In response to questions, Mr. Fahey said the city’s current water use permit is
6.25 mgd but the city is not pumping that much. The intent of the well field
expansion is to get to the 6.25 mgd and fully utilize the Reverse Osmosis
Plant. The permit requires the city to monitor water quality for sulfates and
chlorides and provide SWFWMD with monthly and annual reports. The
monitoring wells check the Surficial and Floridan aquifer water qualities. The
surficial aquifer is not as pure as the floridan and provides irrigation water
through shallow wells. The floridan is a deep aquifer that provides drinking
water. Professional geologist Dave Wiley reviewed his credentials and work
Council 2009-06-04 20
experience in the area. The clay layer found in the Clearwater area is thick
and consistent throughout. The clay layer acts as a protective barrier
between the surficial and floridan aquifers. Mr. Wiley said it was good
practice to spread wells throughout an area and alternate which wells are
pumped. Each well must meet criteria before going online and determining
amount of water to be pumped.
Finance Director Margie Simmons said if the well field expansion does not
occur and rates not increased, the city will deplete reserves. The city can
produce the water much cheaper than purchasing water from Pinellas
County. Pumping up to 10 mgd would result in a $3.5 million savings in
2014.
Three individuals spoke in opposition.
Two individuals supported well field expansion, with one expressing concerns
with sinkholes.
Discussion ensued. It was stated that SWFWMD has a mitigation program in
place to address citizens concerns.
Consensus was to hold a neighborhood meeting in the Northwood West area.
13.2 Alcohol and Concessions on Sand Key Park - Councilmember Cretekos
Councilmember George N, Cretekos said Pinellas County is considering
allowing the sale of alcohol on Sand Key Park.
Discussion ensued. Consensus was to oppose efforts allowing the sale of
alcohol on Sand Key Park.
14. Other Council Action
14.1 Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events.
Council 2009-06-04 21
Mayor Hibbard expressed condolences to survivors of Glen Walthritch and Judge Owen
Albritton.
Adiourn
The meeting adjourned at 9:49 p.m.
Mayor
City of Clearwater
Attest
Council 2009-06-04 22