10/22/2009
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 22, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Rosemarie Call - Management Analyst, and Karen Vaughan - Senior Staff
Assistant.
Unapproved
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order - Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Reverend Dr. Becky Burton of Peace Memorial Presbyterian
Church
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
Mayor Frank Hibbard said Phillies Director of Florida Operations John Timberlake
presented the City with a commemorative 2008 World Series Championship ring earlier
today.
4.1 Service Awards
One service award was presented to a city employee.
4.2 Presentation of certificate to Mayor by Sons of the American Revolution for the
City’s displaying of American flag. George Pratt, SAR Vice President; Nelson
Jensen, and David Kitchen.
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4.3 Introduction of Mr. Ito, Exchange Teacher from Nagano - Elizabeth Minor, Cultural
Affairs
4.4 Brian Aungst and Frank Chivas Thank You to Council for SuperBoat Festival
Participation
4.5 Week of the Family Proclamation - November 1-7, 2009
4.6 Arts and Humanities Month in Clearwater Proclamation - October 2009
4.7 United Way Month Proclamation, November 2009 - Chuck Warrington, Laura
Cameron, Lisa Perkins, & Robin Gomez
4.8 Natural Gas Marketing Person of the Year - Awarded to Lupita Newell.
Presentation given by Chuck Warrington, Managing Director - Clearwater Gas
System.
5. Approval of Minutes
5.1 Approve the minutes of the October 1, 2009 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Carlen Petersen moved to approve the minutes of the October 1, 2009
City Council Meeting as submitted in written summation by the City Clerk. The motion
was duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Stephen Sarnoff - expressed need for national health care reform.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve amendments to the Community Development Code establishing outdoor
automobile, boat, and recreational vehicle shows as an allowable temporary use
and setting forth standards for such new use, amend the ordinance on first
reading and pass Ordinance 8098-09 as amended on first reading.
(TA2009-08008)
City Council requested staff prepare a text amendment adding the outdoor
automobile, boat and recreational vehicle show use as a permitted temporary
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use. This proposed use will be allowed in the Commercial (C) District for up to
four (4) days at a time, not more than four (4) times per year. Standards for this
new temporary use are created by this ordinance and are as follows:
Properties must be a minimum of 75 contiguous acres in size;
A maximum of 48 hours for set-up and 48 hours for break-down will be allowed in
addition to the maximum cumulative allowable time period;
Products displayed at the show may be sold, regardless of the property’s primary
use.
The definition of “temporary retail sales and displays” was originally proposed to
be modified in the ordinance, and was so advertized. However, this proposal is
being withdrawn and a motion to amend is recommended.
Ordinance 8098-09, the motion to amend and the staff report contain further
analysis and information on the proposed amendments.
The Community Development Board (CDB) reviewed the proposed text
amendment and motion to amend at its meeting of September 15, 2009. The
Board unanimously recommended the amendment for approval.
Concerns were expressed regarding the 48-hour time period allowable for set-up and
break-down.
Planning Director Michael Delk said 24 hours for set-up and break-down may not be
enough time for instances involving larger tents.
Councilmember George N. Cretekos moved to restrict the break-down and set-up to a
total of 72 hours.
The motion died for lack of second.
Westfield Mall representative Ed Armstrong said his client has indicated that past
experience shows 48 hours as reasonable amount of time.
Councilmember George N. Cretekos moved to restrict shows to 3 days a week with 48
hours for set-up and break-down. The motion was duly seconded.
It was suggested that shows be limited to 7 days total.
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Councilmember George N. Cretekos amended the motion to limit shows to 7
days total including set-up and break-down. The seconder accepted the
motion. The vote on the amended motion was:
Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, and
"Ayes": Councilmember John Doran.
"Nays":Mayor Frank Hibbard and Councilmember Carlen Petersen.
Motion passed.
Councilmember George N. Cretekos moved to approve Item 7.1 as amended. The
motion was duly seconded and upon the vote being taken:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, and Vice-
Mayor Paul Gibson.
"Nays": Councilmember Carlen Petersen and Mayor Frank Hibbard.
Motion passed.
Ordinance 8098-09 was presented for first reading as amended and read by title only.
Vice-Mayor Paul Gibson moved to pass Ordinance 8098-09 as amended on first
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, and Vice-
Mayor Paul Gibson.
"Nays": Councilmember Carlen Petersen and Mayor Frank Hibbard.
Motion passed.
7.2 Approve the vacation of the east 5-feet of the 10-foot drainage easement lying
east of and adjacent to the west property line of Lot 5, Block "V", Hibiscus
Gardens, (a.k.a. 1221 Turner St.), and pass Ordinance 8120-09 on first reading,
(VAC2009-05 Kirkland,Jr., Trustee).
The City of Clearwater previously adopted Ordinance 8085-09, effective
September 3, 2009, improperly vacating the west five-feet of the 10-foot drainage
easement due to an error on the submitted application when it was the applicant’s
desire to vacate the east five-feet of the subject easement.
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Ordinance 8120-09 rescinds the previous vacation and vacates the appropriate
portion of the subject drainage easement.
The applicant is seeking to vacate the easement portion to eliminate an existing
encroachment by a building that was permitted in 1973.
Due to the easement being a drainage easement the applicant was not required
to obtain letters of no objection from the private utility companies.
The City of Clearwater has no facilities in the drainage easement and anticipates
no future need for the subject easement portion.
The Engineering Department has no objections to the vacation request.
Councilmember Carlen Petersen moved to approve the vacation of the east 5-feet of
the 10-foot drainage easement lying east of and adjacent to the west property line of Lot
5, Block "V", Hibiscus Gardens, (a.k.a. 1221 Turner St.). The motion was duly seconded
and carried unanimously.
Ordinance 8120-09 was presented for first reading and read by title only.
Councilmember John Doran moved to approve Ordinance 8120-09 on first reading.
The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU), Preservation (P), and Drainage Feature Overlay and Initial Zoning Atlas
Designation of Medium Density Residential (MDR) District and Preservation (P)
District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the
North 150 feet of said Lot 4, Langes Replat of Browns Subdivision in Section 3,
Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and
8095-09 on first reading. (ANX2009-07011)
This voluntary annexation petition involves a 1.369-acre property consisting of
one vacant parcel of land. It is located on the west side of Betty Lane,
approximately 178 feet north of Sunset Point Road.
The applicant is requesting this annexation in order to receive water, sanitary
sewer and solid waste service from the City. The Planning Department is
requesting that the 0.09-acres of abutting State Street right-of-way not currently
within the City limits also be annexed. The property is contiguous to existing City
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boundaries to the north and east. It is proposed that the property be assigned a
Future Land Use Plan designation of Residential Urban (RU), Preservation (P),
and Drainage Feature Overlay, and a zoning category of Medium Density
Residential (MDR) and Preservation (P).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently does not receive water service. The closest water lines are
located in both the adjacent State Street and Betty Lane rights-of-way. The
closest sanitary sewer line is located in the adjacent State Street right-of-way. The
applicant is aware of the additional costs to extend both City water and sewer
service to this property. Collection of solid waste will be provided by the City of
Clearwater. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire
and emergency medical services will be provided to this property by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with water, sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
The proposed RU and P Future Land Use Plan categories are consistent with the
current Countywide Plan designation of this property. This RU designation
primarily permits residential uses at a density of 7.5 units per acre. The Planning
Department and the Pinellas Planning Council are processing a map adjustment
to update the Drainage Feature Overlay, making it congruent with the P
designation, pursuant to a jurisdictional wetlands survey. The proposed zoning
districts to be assigned to the property are the Medium Density Residential (MDR)
and Preservation (P) Districts. The use of the subject property is consistent with
the uses allowed in the District and the property exceeds the District’s minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
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the north and east; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
Planning Director Michael Delk said staff is unable to resolve the applicant’s concerns
and requests to pull the item.
Item pulled.
7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1408 Citrus Street (The east 30 feet of Lot 20 and Lot 21,
Block D Sunny Park Groves in Section 23, Township 29 South, Range 15 East)
and Pass Ordinances 8110-09, 8111-09 and 8112-09 on first reading. (ANX2009-
07012)
This voluntary annexation petition involves a 0.23-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the north side
of Citrus Street, approximately 100 feet east of Sunny Park Road. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The Planning Department is requesting that the 0.15-acres
of abutting Citrus Street right-of-way not currently within the City limits also be
annexed. The property is contiguous to existing City boundaries to the west. It is
proposed that the property be assigned a future land use plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property receives water service from Pinellas County. Sanitary sewer
connections are analyzed on a case by case basis through the City’s Engineering
Department. In this case, the applicant will install a private pump station, at their
own cost, that will connect to the closest sanitary sewer line located in the Sunny
Park Road right-of-way (100 feet west of the property). The applicant has paid
the City’s sewer impact fee. In the future, should the City extend the sanitary
sewer line down Citrus Street adjacent to the property, the property owner will be
required to then connect to the gravity system and pay the assessment fee at that
time. The applicant is aware of this potential additional cost. Collection of solid
waste will be provided by the City of Clearwater. The property is located within
Police District II and service will be administered through the district headquarters
located at 645 Pierce Street. Fire and emergency medical services will be
provided to this property by Station 47 located at 1460 Lakeview Road. The City
has adequate capacity to serve this property with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse
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effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL future land use plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the west; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember George N. Cretekos moved to approve the Annexation, Initial Land Use
Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1408 Citrus Street (The east 30 feet of
Lot 20 and Lot 21, Block D Sunny Park Groves in Section 23, Township 29 South,
Range 15 East). The motion was duly seconded and carried unanimously.
Ordinance 8110-09 was presented for first reading and read by title only. Vice-Mayor
Paul Gibson moved to pass Ordinance 8110-09 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
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Ordinance 8111-09 was presented for first reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8111-09 on first reading.
The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Ordinance 8112-09 was presented for first reading and read by title only.
Councilmember John Doran moved to pass Ordinance 8112-09 on first reading. The
motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1876 Sylvan Drive (Lot 16, Bock A Harbor Vista in Section 3,
Township 29 South, Range 15 East); and Pass Ordinances 8113-09, 8114-09 and
8115-09 on first reading. (ANX2009-07013)
This voluntary annexation petition involves a 0.14-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the west side
of Sylvan Drive, approximately 170 feet south of Sunset Point Road. The
applicant is requesting this annexation in order to receive solid waste service from
the City. The property is contiguous to existing City boundaries to the south. It is
proposed that the property be assigned a Future Land Use Plan designation of
Residential Urban (RU) and a zoning category of Low Medium Density Residential
(LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property receives water service from Pinellas County. Sanitary sewer service
is not currently available to this property. Collection of solid waste will be provided
by the City of Clearwater. The property is located within Police District II and
service will be administered through the district headquarters located at 645
Pierce Street. Fire and emergency medical services will be provided to this
property by Station 51 located at 1720 Overbrook Avenue. The City has adequate
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capacity to serve this property with solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RU Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 7.5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property meets the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the south; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember George N. Cretekos moved to approve the Annexation, Initial Land Use
Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1876 Sylvan Drive (Lot 16, Bock A
Harbor Vista in Section 3, Township 29 South, Range 15 East). The motion was duly
seconded and carried unanimously.
Ordinance 8113-09 was presented for first reading and read by title only. Vice-Mayor
Paul Gibson moved to pass Ordinance 8113-09 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
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"Nays": None.
Ordinance 8114-09 was presented for first reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8114-09 on first reading.
The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Ordinance 8115-09 was presented for first reading and read by title only.
Councilmember John Doran moved to pass Ordinance 8115-09 on first reading. The
motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
8. Second Readings – Public Hearing
8.1 Continue to November 5, 2009 second Reading of Ordinances 8093-09, 8094-09,
8095-09 - ANX2009-07011 1923 N Betty Lane
Item pulled.
Note - related to Item 7.3.
8.2 Adopt Ordinance 8084-09 on second reading, vacating the forty-foot drainage and
utility easement lying east of and adjacent to the west property line of Lot 1,
Clearwater 19 Commerce Park.
Ordinance 8084-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8084-09 on second
and final reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
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8.3 Adopt Ordinance 8102-09 on second reading, amending the operating budget for
the Fiscal Year ending September 30, 2009 to reflect increases and decreases in
revenues and expenditures for the General Fund, Special Development Fund,
Special Program Fund, Water and Sewer Fund, Solid Waste Fund, Recycling
Fund, Gas Fund, Marine Fund, Airpark Fund, General Services Fund, Garage
Fund, Administrative Services Fund, and Central Insurance Fund.
Ordinance 8102-09 was presented for second reading and read by title only. Vice-
Mayor Paul Gibson moved to adopt Ordinance 8102-09 on second and final reading.
The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
8.4 Adopt Ordinance 8103-09 on second reading, amending the Capital Improvement
Budget for the fiscal year ending September 30, 2009 to reflect a net decrease of
$4,432,444.
Ordinance 8103-09 was presented for second reading and read by title only.
Councilmember Carlen Petersen moved to adopt Ordinance 8103-09 on second and
final reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
8.5 Adopt Ordinance 8105-09 on second reading, amending the Code of Ordinances,
Appendix A, Subject XI, Parks, Beaches, Recreation to modify the definition of
family and providing additional criteria to establish the class of city residents for
the purpose of applying fees.
Ordinance 8105-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8105-09 on second and final
reading. The motion was duly seconded and upon roll call the vote was:
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"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
8.6 Adopt Ordinance 8106-09 on second reading, rescinding Sections 32.272(4) and
32.288 of Ordinance No. 8025-09.
Ordinance 8106-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8106-09 on second
and final reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
9. Consent Agenda
9.1 Approve contract with Northeast II, Inc., DBS TC Specialties of Tampa, FL, in the
amount of $470,000 for utility bill printing and mailing and for mail processing
services and postage for the City of Clearwater from November 1, 2009 through
October 31, 2010, and authorize the appropriate officials to execute same
(consent).
9.2 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in
the amount of $436,380.00 for the purchase of one (1) new Pierce Heavy Duty
Velocity Pumper in accordance with Sec. 2.564 (1)(b)and(e), Code of
Ordinances, Exceptions to Bid and authorize the appropriate officials to execute
same. (consent)
9.3 Award a contract to Arbitrage Compliance Specialists, Inc., of Centennial,
Colorado, for arbitrage consulting services for a not-to-exceed amount of $50,000
for the five year period ending September 30, 2014 and authorize the appropriate
officials to execute same. (consent)
9.4 Ratify and confirm Grant Agreement between the U.S. Department of
Transportation and the City of Clearwater. (consent)
9.5 Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California for
cellular/radio, Treo and Blackberry services for the period November 2009
through October 2010 in an amount not to exceed $286,000 in accordance with
the best response to RFP 28-09 for wireless communication services and
authorize the appropriate officials to execute same. (consent)
9.6 Award a contract (purchase order)to Kenworth of Central Florida of Orlando, FL in
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the amount $297,398.00 for the purchase of two Kenworth T800 with Galbreath
Roll-Off Hoist 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 and authorize the appropriate officials to execute same.
(consent)
9.7 Approve a contract (Purchase Order) to Rush Truck Center of Tampa, FL for the
purchase of four (4) Peterbilt Model 320 chassis with 29 yard Labrie Automatic
Side Loader body at a cost of $896,352.00 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 and authorize appropriate officials
to execute same. (consent)
9.8 Ratify and Confirm the City Manager’s acceptance to receive proceeds from the
U.S. Department of Energy Block Grant Award Number DE-SC0002363 in the
amount of $1,075,400.00 for several projects within the City, Approve a first
quarter budget amendment to establish a budget for this grant in projects 181-
99856 in the amount of $18,000 for LEED Training and Certification, 181-99857 in
the amount of $244,000 for Electronic Plan Submittal and Review, 181-99858 in
the amount of $350,000 for Clearwater Energy Efficiency, Conservation and
Mobility Strategies, 181-99859 in the amount of $463,400 for Energy Efficiency
Retrofits in City Facilities for a grand total of $1,075,400, and authorize the
appropriate officials to execute same. (consent)
9.9 Award contract (purchase order) to SPER Chemical in the amount of $556,500.00
for FYs 2010 2012 for corrosion control (polyphosphate) chemical at water plants
and authorize the appropriate officials to execute same. (consent)
9.10 Approve a one-year extension, at no increase in cost, to an existing contract
(purchase order) with ITT Water and Wastewater U.S.A., Inc., of Tampa, Florida
for Flygt Pumps, replacement parts and factory authorized service and authorize
the appropriate officials to execute same. (consent)
9.11 Award two (2) new Purchase Orders (Contracts) for the period October 23, 2009,
through September 30, 2010, to Odyssey Manufacturing Company, of Tampa
Florida, for a total value of $324,762.69, for Liquid Sodium Hypochlorite for the
Water Division and the Water Pollution Control Division and authorize the
appropriate officials to execute same. (consent)
9.12 Approve the Alligator Creek Watershed Management Plan Phase 1 Work Order
between the City and Jones Edmunds Associates, Inc. (Engineer of Record) in
the amount of $400,000.00 and authorize the appropriate officials to execute
same. (consent)
9.13 Approve the Alligator Creek Watershed Management Plan Phase 1(N097)
cooperative funding agreement in the amount of $200,000 between the City and
Southwest Florida Water Management District (SWFWMD) and authorize the
appropriate officials to execute same. (consent)
9.14 Award Construction contract for the Bayfront Upland Improvements Project (07-
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0045-MA) to BRW Contracting Inc., in the amount of $456,009.66 and
an additional $27,500 for Alternate Bid Item 81 for a total contract value of
$483,509.66 and authorize the appropriate officials to execute same. (consent)
9.15 Approve the Declaration of the Tampa Bay Nitrogen Management Consortium
(NMC) to implement the 2009 Tampa Bay Reasonable Assurance Addendum and
authorize appropriate officials to execute same. (consent)
9.16 Approve a Work Order in the amount of $271,690 to Cardno TBE, an Engineer-of-
Record for the City of Clearwater, to provide Construction Engineering and
Inspection (CEI) services for the relocation of the City’s water, sewer and
reclaimed water facilities that are in conflict with the reconstruction of US 19 from
Whitney Road to north of Gulf to Bay Blvd, (SR 60 and authorize the appropriate
officials to execute same. (consent)
9.17 Award a contract to Suncoast Development of Pinellas County, Inc. of Odessa,
Florida in the amount of $1,212,827.00 for construction of the Water Treatment
Plants 1 and 3 Wellfield Expansion Project Phase II - Raw Water Mains (project
number 07-0037-UT), which is the lowest responsible bid received in accordance
with the plans and specifications for this project and authorize the appropriate
officials to execute same. (consent)
9.18 Appoint Kurt B. Hinrichs to the Municipal Code Enforcement Board with the term
to expire October 31, 2012.
9.19 Authorize a civil action on behalf of the City against Florida Power Corporation,
and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to
recover costs and expenses incurred during the construction of improvements on
the Cleveland Street Streetscape Project and authorize a separate civil action on
behalf of the City against Florida Power Corporation, and Florida Power
Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and
expenses incurred during the construction of improvements on the Beach Walk
Coronado Drive project. (consent)
During the Cleveland Street Streetscape redesign and reconstruction project from
2006 to its completion in 2009, “Progress Energy” failed to resolve conflicts that
arose from its decision not to relocate its facilities, such as overhead lines, duct
banks, and storm pipes. As a result, the City was required to expend funds to
compensate the contractor for time delays, redesign, and additional work. The
total amount claimed against “Progress Energy” is $179,298.00.
During the Beach Walk - Coronado Drive redesign and reconstruction project from
2006 to its completion in 2009, “Progress Energy” failed to resolve conflicts that
arose from its decision not to relocate one of its duct banks. As a result, the City
was required to expend funds to compensate the contractor for time delays,
redesign, and additional work. The total amount claimed against “Progress
Energy” is $263,626.00.
The legal department requests authority to bring a legal action in each of the
above-referenced items against Florida Power Corporation, and Florida Power
Council 2009-10-22 15
Corporation d/b/a Progress Energy Florida, Inc. (including all other subsidiaries
and related corporations as necessary to obtain relief), to recover damages for the
additional costs and expenses incurred by the City.
The costs relative to each of these actions will include a $255.00 filing fee and
fees for service of process of approximately $200.00.
Mayor Frank Hibbard said he contacted Progress Energy and requested the item be
continued as Progress Energy will be approaching staff with estimates to begin
negotiations.
Vice-Mayor Paul Gibson moved to continue Item 9.19 to November 5, 2009. The
motion was duly seconded and passed unanimously. (Note: this item was subsequently
delayed to December 3, 2009.)
Councilmember John Doran moved to approve the Consent Agenda as submitted, less
item 9.19, and that the appropriate officials be authorized to execute the same. The
motion was duly seconded and carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Establish the intent to reimburse certain Water and Sewer project costs incurred
with proceeds of future tax-exempt financing and adopt Resolution 09-42.
In 2008, a Water and Sewer rate study was completed and resulted in the City
Council approving 7% rate increases in FY 2009, FY 2010 and FY2011 and
annual rate increases of 6% per year for FY 2012 and FY 2013. These rate
increases are sufficient to provide for operations, capital projects, and debt
service on bonds.
In 2009, an interim rate study was completed that identified a need for
approximately $41.5 million in capital project from FY 2010 through FT 2011, with
bonds to be issued in FY 2011 of approximately $34,678,500. The FY 2011 bond
issue is expected to partially finance the projects on the list with the remainder to
be financed with water and sewer revenues.
The date of issuance will be determined at a later date based on market
conditions. The Water and Sewer fund will be incurring expenses on these
projects prior to the issuance of the bonds. This reimbursement resolution will
allow for the City to be reimbursed from the bond proceeds.
Councilmember Carlen Petersen moved to establish the intent to reimburse certain
Water and Sewer project costs incurred with proceeds of future tax-exempt financing.
Council 2009-10-22 16
The motion was duly seconded and carried unanimously.
Resolution 09-42 was presented and read by title only. Councilmember John Doran
moved to adopt Resolution 09-42. The motion was duly seconded and upon roll call the
vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
10.2 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and the Fraternal Order of Police Officers for Fiscal Years 2009/10,
2010/11, and 2011/12 and authorize the appropriate officials to execute same.
The most recent collective bargaining agreement between the City of Clearwater
and the Fraternal Order of Police Officers bargaining unit expired on September
30, 2009. City management staff met with representatives of the Fraternal Order
of Police Officers beginning in August of 2009 to negotiate a new agreement. On
September 10, 2009, the parties reached a tentative agreement that was
subsequently submitted by the Union to its bargaining unit which ratified the
agreement by a vote of 91 to 3 on October 1, 2009.
The agreement is a three-year contract, providing for no general wage increase in
the first year and including reopener clauses to negotiate wage and pay range
adjustments in years two and three, as well as reopener clauses to discuss the
promotional selection process and the implementation of a Master Officer
designation. The agreement also provides for the City to pay for the first three
vacation days used by each bargaining unit member with no charge to the
employee’s vacation leave balance in the first year of the contract only. In
addition, the parties agreed all bargaining unit members will comply with the City’s
revised Tobacco Product Usage Policy. There are no other significant changes to
the existing contract language. Costs are within the City’s approved budget for the
first year of the contract, and will be determined in accordance with the outcome
of negotiation of the wage reopener clauses for the second and third years.
Councilmember George N. Cretekos moved to approve the collective bargaining
agreement as negotiated between the City of Clearwater and the Fraternal Order of
Police Officers for Fiscal Years 2009/10, 2010/11, and 2011/12 and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
10.3 Authorize the negotiation of a contract with CIGNA HealthCare for medical
insurance under a fully insured funding arrangement for the contract period of
January 1, 2010, to December 31, 2011, at a total cost not to exceed $16,000,000
Council 2009-10-22 17
dependant on the funding strategy as determined by the City Council.
The contract with the City’s current medical insurance provider, CIGNA
HealthCare, expires on December 31, 2009. CIGNA presented a renewal offer
that was not acceptable to the City and The City’s Benefits Committee
recommended that the City’s Agent of Record the Gehring Group negotiate with
the major carriers to achieve a more favorable proposal. Only CIGNA and United
Healthcare responded, with Aetna, Blue Cross/Blue Shield, and Humana
declining.
The final proposal from CIGNA to maintain the plan options currently in effect
would result in a 14.7% overall cost increase totaling approximately $2.034 million
in additional premiums based on no shift in enrollment. The final proposal from
United Healthcare to maintain the plan options currently in effect would result in a
17% overall cost increase totaling approximately $2.355 million in additional
premiums based on no shift in enrollment. Both carriers also presented alternate
proposals that would result in no increase in premiums for the base plan option
currently in effect.
After evaluating all proposals, the City Benefits Committee by a vote of 14-1
elected to recommend to City Council that CIGNA HealthCare be retained as the
medical insurance provider for 2010, and also recommended that the plans
currently in effect be maintained with the increase in cost being shared by the City
and employees in accordance with the percentages for City subsidies proscribed
by the City’s current funding strategy, i.e., 100% for employee-only, 75% for
employee plus one, and 68% for employee plus family based on the rates for the
base plan option. The Benefits Committee recommendation would result in an
increase in cost of approximately $411,000 for employees and $1.623 million for
the City based on current enrollment demographics.
Staff does not concur with this recommendation. The City recommends retaining
CIGNA HealthCare as the medical insurance provider for 2010, but recommends
adopting the alternate proposal submitted by CIGNA. This proposal would
maintain the current benefit levels for both the City’s “buy-up” co-pay and POS
plans, but with increases in premiums, and would also provide for reductions in
the schedule of benefits for the base plan option, but with no increase in
premiums. The staff recommendation would maintain the City’s current funding
levels, resulting in an increase in cost of approximately $1.55 million for
employees, provided there is no shift in enrollment.
For fiscal year 2010, the City has budgeted approximately $10.28 million for
approximately 1658 full time positions for the City’s share of medical insurance
coverage (including EAP and mental health/substance abuse).
Based on the Benefit Committee recommendation, the City’s estimated share of
actual expenses for FY 2010, which covers three months of the current year and
nine months of this proposed contract with CIGNA as well as estimated costs for
Council 2009-10-22 18
EAP/mental health would be $11.59 million. The difference between budgeted
and maximum actual costs, estimated to be $1.31 million, would have to be taken
from reserves in the Central Insurance Fund. The CY cost for this scenario would
be $15.9 million ($11.9 million city share, $3.3 million employee share, and
$700,000 retiree/cobra share).
Based on the staff recommendation, the City’s estimated share of actual
expenses for FY 2010 would be $10.45 million. The difference between budgeted
and maximum actual costs, estimated to be $170,000 would also have to be taken
from reserves in the Central Insurance Fund. The CY cost for this scenario would
be $15.4 million ($10.3 million city share, $4.3 million employee share, and
$800,000 retiree/cobra share).
Both the Benefits Committee and Staff recommend maintaining the current
funding strategy for City contributions to health care premiums to represent 100%
of the “Base” HMO cost for Employee Only, 75% of the “Base” HMO cost for
Employee plus One, and 68% of the “Base” HMO cost for Employee plus Family,
to be applied to the respective tiers in the co-pay HMO and POS plans.
The above numbers assume that all positions are filled at all times and that
employees select the tier of coverage (employee only, employee + 1, and
employee + family) similar to the current year. City share of costs related to the
CIGNA contract for coverage for FY 2011 will be budgeted as part of the fiscal
year 2011 budget.
Human Resources Manager Allen Del Prete provided a power point presentation.
In response to questions, Mr. Del Prete said there are approximately 4,000 city
employees and retirees in the health plan. Last year 200 employees opted out of the
city's plan. A health clinic will provide participating employees with routine office visits
and select prescription drugs at no charge. The health clinic would reduce employee
co-pay costs and claims for routine services. The initial monthly per employee charge
would be paid by the employer. Mr. Del Prete said most claims have been made for
office visits and prescription drugs. Staff is reviewing RFPs for the health clinic.
Respondents have been asked to provide suggested size and hours for facility.
Gehring Group representative Kurt Gehring said vendors have estimated a 90 day
period after the location has been contracted to open the clinic. Services provided will
determine the size of the facility.
Human Resources Director Joe Roseto said the health clinic may provide opportunity to
partner with surrounding government agencies and potentially assist with costs. Staff
will bring item before council to fund potentially $800,000 to $1.3 million for the facility.
In response to questions, Finance Director Margie Simmons said the item before
Council 2009-10-22 19
council is a minimum premium payment plan. The city will pay a smaller amount for
plan administration and pay claims as they are incurred. Staff recommends using
reserves from the Central Insurance Fund to fund the clinic for the first year.
Four individuals expressed concerns with the proposed increased costs.
In response to a question, Mr. Roseto said the health clinic would be available to health
plan members.
Discussion ensued with consensus to expedite plans for a health clinic.
Staff was directed to explore possibility of a benevolence fund.
Councilmember John Doran moved to authorize the negotiation of a contract with
CIGNA HealthCare for medical insurance under a fully insured funding arrangement for
the contract period of January 1, 2010, to December 31, 2011, at a total cost not to
exceed $16,000,000 dependant on the funding strategy as determined by the City
Council. The motion was duly seconded and carried unanimously.
10.4 Approve LAP Agreement Supplement One for the East Avenue Trail Connection,
decreasing the total amount to $313,596.00, to reflect the actual bid amount plus
additional funding provided by FDOT for CEI and Materials Testing and adopt
Resolution 09-40.
The new amount of $313,596.00 reflects the bid amount of $289,029.25 rounded
off to $289,029.00 plus $20,232.00 (7%) for CEI and $4335.00(1.5%) for materials
testing for a grand total of $313,596.00. This is a supplement to the LAP
agreement approved on June 30th, 2009. The award of bid on this project was
September 3rd, 2009 and this supplement is to bring the paperwork into
agreement with the bid amount plus additional funding for CEI and Materials
Testing.
Councilmember George N. Cretekos moved to approve LAP Agreement Supplement
One for the East Avenue Trail Connection, decreasing the total amount to $313,596.00,
to reflect the actual bid amount plus additional funding provided by FDOT for CEI and
Materials Testing. The motion was duly seconded and carried unanimously.
Resolution 09-40 was presented and read by title only. Vice-Mayor Paul Gibson moved
to adopt Resolution 09-40. The motion was duly seconded and upon roll call the vote
was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
Council 2009-10-22 20
"Nays": None.
The Council recessed from 8:02 p.m. to 8:09 p.m.
10.5 Dedicate a 4,313 square foot, more or less, parcel of land lying within Lots 17, 24
and 25 of the plat of PINELLAS GROVES, as recorded in Plat Book 1, Page 55 of
Pinellas County Official Records, as public right-of-way, adopt Resolution 09-43
and authorize appropriate officials to execute same.
This right-of-way dedication will facilitate the Morningside Neighborhood Traffic
Calming Project and specifically the construction and maintenance of a
roundabout proposed at the intersection of Harn and Stewart Boulevards.
Section 2.01(d)(5) of the City Charter permits dedication of right-of-way from
property with a recreation/open space land use designation without prior approval
of voters at referendum.
Councilmember Carlen Petersen moved to dedicate a 4,313 square foot, more or less,
parcel of land lying within Lots 17, 24 and 25 of the plat of PINELLAS GROVES, as
recorded in Plat Book 1, Page 55 of Pinellas County Official Records, as public right-of-
way. The motion was duly seconded and carried unanimously.
Resolution 09-43 was presented and read by title only. Councilmember John Doran
moved to adopt Resolution 09-43 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
10.6 Authorize appropriate City of Clearwater officials to sign applications for Florida
Department of Transportation permits and adopt Resolution 09-44.
This is an update to the list of City staff authorized to sign applications for Florida
Department of Transportation (FDOT) permits. The existing list authorized by
Resolution 03-40 is obsolete necessitating this action. The list in Resolution 09-
44 includes Engineering Department and Clearwater Gas System staff
responsible for projects that may require FDOT permits.
Councilmember George N. Cretekos moved to authorize appropriate City of Clearwater
officials to sign applications for Florida Department of Transportation permits. The
Council 2009-10-22 21
motion was duly seconded and carried unanimously.
Resolution 09-44 was presented and read by title only. Vice-Mayor Paul Gibson moved
to adopt Resolution 09-44. The motion was duly seconded and upon roll call the vote
was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
Downtown Boat Slips
It was stated that the promenade will be closed during construction. Staff continues to
report safety issues with those accessing the area for fishing activity.
12. Council Discussion Items
Jetty Light Plan
Marine and Aviation Director Bill Morris provided visuals showing the jetty and
turnstyle. The jetty was built in 1975 to manage sand migration on Clearwater Beach
and prevent sand closures on Clearwater Pass. The turnstyle has been struck several
times.
Marine Construction Contractor Tom Horn reviewed his project at MacDill Air Force
Base. Mr. Horn recommended installing 5 yellow flashing marine lights, at $3,000 per
light, onto pilings hammered into the sea floor. He estimated it would cost
approximately $30,000 to remove the turnstyle. The project would be completed in a
few days.
In response to questions, Mr. Morris said the jetty was built by the city and the Coast
Guard considers it to be owned by the city.
It was stated if the city installs the pilings, the city would be liable to maintain them
correctly.
Council 2009-10-22 22
Staff was directed to proceed with lighting plan and removal of turnstyle.
12.1 City Attorney Evaluation
AND
12.2 City ManaQer Evaluation
Councilmembers gave positive evaluations of the City Manager and City Attorney.
13. Other Council Action
13.1 Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events.
Adiourn
The meeting was adjourned at 9:10 p.m.
~~
Mayor
City of Clearwater
Attest
Council 2009-10-22
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