11/02/2009
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
November 2, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, and Councilmember John Doran.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: 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.
The meeting was called to order at 9:00 a.m. at City Hall.
1. Presentations
1.1 Service Awards
Five service awards were presented to city employees.
2. Economic Development and Housing
2.1 Revise the 2008 Affordable Housing Inventory List pursuant to requirements of
Chapter 166.0451, Florida Statutes, adopt Resolution 09-41 and authorize the
appropriate officials to execute same.
The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section
166.0451 entitled "Disposition of municipal property for affordable housing." In
2008, the Council adopted Resolution 08-01 that established the 2008 Affordable
Housing Inventory List. Twenty-nine city-owned parcels are currently on the list.
As part of the continuing review of the City’s affordable housing programs, staff
conducted a physical inspection of each parcel on the inventory list. After further
review, 27 of 29 parcels have been determined to be inappropriate for affordable
housing. Of the original 29 properties, 23 are located in the Community
Redevelopment Agency (CRA) area, mostly in the Town Lake Business District,
and are more appropriate to be available for redevelopment than for affordable
housing. Four of the properties are too small and narrow for the development of
any housing. The remaining two parcels are appropriate for the list. For this
reason, the 2008 Affordable Housing Inventory List needs to be revised to reflect
this assessment.
The state statute includes that the governing body of each municipality must
review the proposed affordable housing inventory list at a public hearing, and may
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revise the list at the conclusion of the hearing. Following the public hearing the
local governing body must adopt a resolution that includes an inventory list of
such property deemed appropriate for affordable housing development.
The revised inventory list includes the address and legal description of each
property, and specifies whether the property is vacant or improved.
Section (1) of the statutory amendment requires that every three years each
municipality prepare an inventory list of all real property within its jurisdiction to
which the municipality holds fee simple title that is appropriate for use as
affordable housing.
In response to a question, Economic Development and Housing Director Geri Campos
Lopez said the State of Florida has yet to change the requirement of schools within a 1-
mile radius to qualify for low-income tax credits.
It was suggested that the issue be included in the next State legislative package.
2.2 Adopt a policy for the disposition of city-owned real property for the purposes of
workforce or affordable housing to meet Florida Statutes Chapter 166.0451 and
City Charter provision 2.01(d)(5). (consent)
The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section
166.0451 entitled "Disposition of municipal property for affordable housing." As
part of this amendment, the municipality must prepare an inventory list of all real
property within its jurisdiction to which the municipality holds fee simple title that is
appropriate for use as affordable housing. The city has prepared its inventory list.
In addition, as part of the City Charter changes approved by referendum in 2007,
city-owned parcels that are one-half acre or less can be donated or sold for less
than fair market value for workforce or affordable housing. The intent of this policy
is to provide direction for the implementation of the state statute and city charter
provisions regarding the disposition of these properties.
The proposed policy is as follows:
When city-owned properties become available that are suitable for the
development of workforce or affordable housing or for those properties on the
City’s Affordable Housing Inventory List, the City will dispose of the property
through a declaration of surplus with the following conditions:
· For properties one-half acre or below, since property may be donated or sold for
less than fair market value to an eligible entity that will develop the property for
affordable housing or to an end-user that is income eligible per HUD guidelines,
the City will declare the property surplus for the purpose of soliciting Request for
Qualifications (RFQ) from eligible entities to develop the property in accordance
with the Code of Ordinances and Community Development Code requirements. If
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two or more responders are equally qualified, the City will make the final selection
by lottery.
· For properties over one-half acre, the property will be declared surplus for the
purposes of affordable housing following the state’s recommended disposition
process.
· In both cases, a restrictive covenant will be placed on the land to maintain an
affordability period of 20 years for homeownership or 30 years for rental projects.
Upon submission of any given parcel to the City Council for the declaration of
surplus, the Economic Development and Housing Department will advise Council
which method of disposition the department recommends it intends to pursue as
provided for in the statute. This process will assist in assuring compliance with the
state statute, city charter, and provide additional guidance to the City Council.
3. Gas System
3.1 Accept a three part Gas Main and Utilities Easement containing a total of 7,036
square feet, more or less, to encumber a portion of Tracts 34, 35 and 37 of the
TAMPA AND TARPON SPRINGS LAND COMPANY’S SUBDIVISION, Pasco
County, Florida, conveyed by Ramco-Gershenson Properties Limited Partnership,
given in consideration of receipt of $10.00 and the benefits to be derived
therefrom. (consent)
In 2008 Publix super market in the River Crossing Centre (Centre), 5300 Little
Road, New Port Richey, requested that Clearwater Gas System (CGS) extend a
natural gas distribution line into the Centre to serve the super market.
CGS conducted a feasibility study in the Summer of 2008 and determined it was
economically feasible to construct a 4-inch main extension into the Centre for
Publix, with potential to serve seven additional business operations in the center,
including six existing restaurants.
It is estimated potential revenue should pay back the nearly $95,000 project
construction cost in approximately 7.3 years.
The Centre owner, Ramco-Gershenson Properties Limited Partnership, has
conveyed the subject five-foot easement authority to the City and CGS to extend
and perpetually maintain the proposed distribution line into the Centre to serve
Publix and other potential customers.
4. Parks and Recreation
4.1 Approve additional waiver of fees in the amount of $11,864 for the Ironman 2009
event, to cover the cost of potential lost parking revenue to the parking fund for
use of additional lots on Clearwater Beach. (consent)
On June 18, 2009 the City Council approved the list of co-sponsored events and
the waiver of requested City fees and service charges for those events including a
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waiver of $28,000 to the parking fund for the annual Iron Man competition.
In the event additional money is requested beyond what was included in the
agenda item the request needs to be brought to City Council for approval before
additional funds are dispersed.
Since approving this list and in the process of planning for this year’s Iron Man
event it became apparent additional parking spaces are needed in order to make
the 2009 event function more smoothly. This was due, in part, to the recent
changes on the beach as well as an attempt to expand vendor areas at Pier 60
Park.
Therefore, Iron Man is requesting the additional waiver of fees for the use of the
Patel Lot (middle section); Cortel – Lot 63 and East Shore – Lot 43 (west side) for
a total cost of $11,864.
Staff recommends approval of this request in that it will help solve some of the
parking issues apparent with conducting this event and will assist in making the
event a success.
5. Police
5.1 Appoint Paul E. Maser to the Board of Trustees, Clearwater Police Supplementary
Pension Fund for a two year term from November 1, 2009 through October 31,
2011. (consent)
Florida Statute 185.05 states in part…“the board of trustees shall consist of five
members, two of whom, unless otherwise prohibited by law, shall be legal
residents of the municipality, who shall be appointed by the legislative body of the
municipality…”
It is requested that Paul E. Maser (1125 Fairwood Avenue, Clearwater) be
appointed by the City Council to serve on the Board of Trustees of the Police
Supplementary Pension for a period of two (2) years (Nov. 1, 2009 through Nov.
1, 2011). Mr. Maser is replacing Mr. William Schwob, who is retiring his position
as Trustee effective November 1, 2009.
Mr. Maser has stated that he will accept the appointment.
Admiral Schwob was thanked for his many years of service to the community.
6. Solid Waste/General Support Services
6.1 Approve a Contract (Blanket Purchase Order) to Fleet Products Inc. of Tampa, FL
in the amount of $160,000 for the purchase of replacement vehicle parts used by
all City Departments during the contract period December 1, 2009 through August
11, 2010 in accordance with Sec. 2.564(1)(d), Code of Ordinances - City of
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Tampa Bid 410051205 and authorize the appropriate officials to execute same.
(consent)
This blanket purchase order will cover the period December 1, 2009 to August 11,
2010 for purchase of equipment replacement parts and heavy duty brake parts
used by all City Departments.
The reason for the less than one year duration for this BPO is aligned with the
City of Tampa contract period.
In response to a question, Human Resources Director Joe Roseto said individual
departments can provide some form of recognition for good performance but incentive
programs are city-wide.
6.2 Award a contract (Purchase Order) for $412,960.00 to Duval Ford of Jacksonville,
FL for 16 Ford Crown Victoria Police Cruisers in accordance with Sec 2.564(1)(d),
Code of Ordinances - Other governmental bid, authorize lease purchase in the
amount of $180,670.00 under the City’s Master Lease Purchase Agreement and
authorize the appropriate officials to execute same. (consent)
These automobiles will be purchased through the Florida State Contract 071-000-
09-01.
These automobiles are included in the Garage CIP Replacement List for Budget
Year 09/10 and replace G1950, G2226, G2400, G2401, G2618, G2619, G2622,
G2627, G2685, G2755, G2843, G2845, G2847, G2849, G2850, G2853.
The purchase of 7 cars replacing G1950, G2226, G2845, G2847, G2849, G2850,
G2853, will be paid through the Lease Purchase agreement. The remaining 9
automobiles will be paid through the Penny III Proceeds.
In response to a question, Solid Waste and General Services Assistant Director Rick
Carnley said the mileage on the replacement vehicles have approximately 75,000 to
90,000 miles and incur an enormous amount of idling time.
7. Engineering
7.1 Accept a Blanket Water Main and Utilities Easement over, under and across a
portion of the Northwest 1/4 of the Northeast 1/4 of Section 17, Township 29
South, Range 16 East conveyed by Island In The Sun Co-Op, Inc., a Florida not-
for-profit cooperation, in consideration of receipt of $10.00 and the benefits to be
derived therefrom. (consent)
Island In The Sun Mobile Home Park, located at 100 Hampton Road, was
developed in the early 1980’s, and later annexed into the City.
In May of 2009 Public Services investigated removing a tree that posed a
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potential hazard to the City’s potable water service into the mobile home
community. It was determined at that time the City did not have any easement
authority to maintain its water service and appurtenant utilities within co-op
boundaries.
Subject to customary terms and conditions, and the expressed provision of being
able to replace a permanent structure and mobile home units of the same size in
the same location as existing units, Island In the Sun Co-Op, Inc. has granted the
City blanket authority to perpetually maintain and replace as necessary any and
all of its potable water facilities within the mobile home community.
7.2 Approve the applicant’s request to vacate the south 5 feet of a 10-foot drainage
and utility easement lying along the north property line of Lot 122, Replat of
Willow Ridge, (AKA 1932 Hastings Lane), less the West 10 feet and the East 5
feet thereof, and pass Ordinance 8129-09 on first reading. (VAC2009-06 Evans)
The applicant is seeking to vacate the easement portion to construct a swimming
pool.
The pool, as designed, meets current Community Development Code
requirements.
Progress Energy, Knology, Bright House and Verizon have no objections to the
vacation request.
There are no City-owned utilities in the easement portion subject of the vacation
request and no future need for the easement portion is anticipated.
The Engineering Department has no objections to the vacation requested.
8. Planning
8.1 Approve amendments to the Capital Improvements Element (CIE) of the
Clearwater Comprehensive Plan making modifications pursuant to the City of
Clearwater’s Capital Improvement Program budget adopted on September 17,
2009 and updating the reference to the School Districts Five-Year Work Program
for FY2009/10 through 2013/14 as adopted by the School Board on September
15, 2009, and pass Ordinance 8088-09 on first reading.
(CPA2009-07001)
The Planning Department is recommending amendments to the Clearwater
Comprehensive Plan in order to meet statutory requirements that an annual
update be developed which incorporates both the Capital Improvement Program
Budget and the School District’s Five-Year Work Program.
The fundamental purpose of the Capital Improvements Element is to ensure that
the City is able to fund the public facilities supported in the Comprehensive Plan
Elements. These amendments bring the Comprehensive Plan into alignment with
the City’s Six-Year Capital Improvements Program (CIP) Budget as adopted on
September 17, 2009. By Statute, these amendments are due by December 1
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each year, are exempt from the twice-a-year limitation for large-scale
amendments and require transmittal to the State Department of Community
Affairs (DCA).
The proposed amendments are: (pages are given from Comprehensive Plan):
· Capital Improvements Element Needs Summary (page I-1): Updates examples
of CIP projects to reflect the FY 2009/10 CIP Budget adopted by Ordinance No.
8101-09 on September 17, 2009.
· Policy I.1.1.2 (page I-2): Updates the reference to the annual update from
FY2008/09 Capital Improvement Program Budget to FY2009/10 Annual Update to
the Capital Improvements Element.
· Policy I.1.7.6 (page I-12): Changes dates to reflect current year relative to the
School District’s Five-Year Work Program.
· FY2008/09 CIE Schedule I-A (Schedule 1-A Pages 1 - 49): Deletes FY2008/09
CIE Schedule I-A, Pages 1 through 49 and replaces it with FY2009/10 Annual
Update to the Capital Improvements Element.
The staff report and Ordinance 8088-09 contain further analysis and information
on the proposed amendment. The Community Development Board (CDB)
will review the proposed amendments at its public hearing of October 20, 2009.
The Planning Department will report the Board’s recommendation at the City
Council meeting.
9. City Manager
9.1 Approve agreement with Matrix C G, Inc d/b/a Matrix Consulting Group, Ltd in the
amount of $89,000, to perform an efficiency review of the Clearwater Fire
Department, in accordance with Code Section 2.564(d), other governmental Bid
(Seminole County RFP-1187-06/TRJ, Fire/Rescue/EMS Comprehensive System
Assessment issued October 4, 2006), funding to be provided out of General Fund
unappropriated retained earnings, and authorize the appropriate officials to
execute the same. (consent)
Fiscal conditions have led the City of Clearwater to consider efficiency reviews to
re-examine spending and operations. The reviews are intended to help the City of
Clearwater determine priority customer service areas and ways to improve
efficiency and reduce costs. In completing an efficiency review, the City of
Clearwater has two primary goals: (1) lowering spending and saving money in the
short term, and (2) improving performance and yielding additional savings in the
long term.
Purpose and Scope of Fire Efficiency Review
The key focus shall be to determine and review core services then identify budget
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limits and performance targets for each core service. This short-term review can
clarify greater changes that can be made within the department or one of its
processes to improve efficiency in the long-term. Options include maintaining a
program, restructuring or cutting back a program, outsourcing a program, or
eliminating the program altogether. When focusing on ways to improve
departmental efficiency, the key focus should be to first determine the most
effective organizational structure to deliver core services. Secondly, develop
effective performance measures while maintaining the standards required for fire
department accreditation through the Center for Public Safety Excellence,
(CPSE), and the commitments as outlined by the Pinellas County Fire and EMS
contracts.
II. Scope of Work:
1. Organizational Structure: Examine and review the following aspects of the
organization.
a. Organizational progress and changes since last management study by MGT
of America dated March 10, 2004.
b. The number, type, and purpose of stations, units, bureaus and their functions;
the number and type of personnel and other resources allocated to them.
c. The number and type of line and staff personnel and the relationship between
them, to include the extent to which authority and responsibility is properly
allocated between them and the manner in which their efforts are planned,
directed, coordinated, and supervised by Department administration.
d. Comparative analysis of the management structure and ratio of administrative
to front line fire service personnel.
e. Benchmark the critical areas of the department’s staffing with those of similar
departments, both inside and outside of Pinellas County, as well as compare to
“best practices” in the delivery of fire department services.
2. Management/Administration
a. Evaluate responsibilities, special assignments, and workload of department
sworn and non-sworn administrative staff.
b. Assess management’s problem identification, long-term planning, and
organizational development strategies.
c. Provide observations and recommendations regarding command structure.
d. Review of succession planning to senior management positions.
e. Evaluate communication and interaction with officers, line personnel, union
representatives, command, and other management staff.
3. Operations, Support Services, Fire Prevention, EMS, and Technology
a. Evaluate technology systems, equipment, and staff use/capability and make
recommendations to enhance productivity and effectiveness.
b. Assess department policies and procedures and collective bargaining
provisions that impact the efficient operations of the department.
c. Benchmark the critical areas of the department’s operations with those of
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similar size departments, both inside and outside of Pinellas County.
4. Review of other areas/issues deemed necessary by the consultant to meet the
goals of this study.
10. Official Records and Legislative Services
10.1 Proposed Local Bill for 2010 State Legislative Session - Clearwater Working
Waterfront, removing reverter clause.
The Marina property is outdated and needs to be redeveloped. The proposed bill
brings the outdated language of the 1925 Special Act land grant to be consistent
with the current legislative policy for recreational and commercial Working
Waterfronts.
This bill will require us to be in compliance with applicable Florida law related to
waterfront property in the State of Florida.
More specifically, the proposed bill impacts the upland portion of the municipal
marina property, and releases the state reverter clause only to the extent that the
property is redeveloped in accordance with the current policies and law of the
State for working waterfront properties including the Florida Coastal Management
Program, the Waterfronts Florida Program, the City Comprehensive Plan and the
Code of Ordinances. The proposed bill does not have any impact on the 2007
Local Bill 1585 requirement for a site-specific referendum if the “existing public
land use designation” is changed. Further, the proposed bill requires a site-
specific referendum if the City sells the subject upland property.
The bill, following the intent of Working Waterfronts, maintains the availability of
public access to the navigable waters of the State.
It was stated that a referendum is not required if the property is leased for less than 30
years. License agreements are for the operation of the facility not the ground.
Concerns were expressed regarding the potential redevelopment of the property.
It was stated that any redevelopment would require the institutional land use be
changed and that would require a referendum. Cannot have a hotel in the institutional
designation. The proposed bill does not impact any other land in Clearwater.
Discussion ensued. Staff was directed to provide a map showing zoning on the
property.
11. Legal
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11.1 Adopt Ordinance 8098-09 on second reading, amending the Community
Development Code to allow outdoor automobile, boat, and recreational vehicle
shows and provide standards for such shows.
11.2 Adopt Ordinance 8110-09 on second reading, annexing certain real property
whose post office address is 1408 Citrus Street, together with the abutting right of
way of Citrus Street, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
11.3 Adopt Ordinance 8111-09 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1408 Citrus Street, together with
the abutting right of way of Citrus Street, upon annexation into the city, as
Residential Low (RL).
11.4 Adopt Ordinance 8112-09 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1408 Citrus
Street, together with the abutting right of way of Citrus Street, upon annexation
into the city, as Low Medium Density Residential (LMDR).
11.5 Adopt Ordinance 8113-09 on second reading, annexing certain real property
whose post office address is 1876 Sylvan Drive into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
11.6 Adopt Ordinance 8114-09 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1876 Sylvan Drive, upon
annexation into the city, as Residential Urban (RU).
11.7 Adopt Ordinance 8115-09 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1876 Sylvan
Drive, upon annexation into the city, as Low Medium Density Residential (LMDR).
11.8 Adopt Ordinance 8120-09 on second reading, rescinding Ordinance 8085-09 and
vacating the east five feet of the ten-foot drainage easement lying east of and
adjacent to the west property line of Lot 5, Block V, Hibiscus Gardens.
11.9 Authorize the City Attorney’s Office to institute a civil action on behalf of the City
against Advanced Communications, LLC, whose employees broke a water main
near the intersection of Bertland Way and Chenango Avenue, Clearwater,
washing out the roadway and resulting in damage to a City vehicle. (consent)
On September 25, 2008, employees of Advanced Communications, LLC were
performing work in the vicinity of Bertland Way and Chenango Avenue,
Clearwater. While the employees were excavating, they accidentally severed a
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water main. The water flooded the corner and the employees did not place any
barricade of cones to block the street. A City vehicle was making a right turn from
Chenango onto Bertland Way, at which point the pavement collapsed and
resulted in damages to the City vehicle in the amount of $2,885.62.
The costs relative to each of these actions will include a $300.00 filing fee and
fees for service of process of approximately $50.00. The required funds are
available in the City Attorney’s budget.
12. City Manager Verbal Reports
12.1 City Manager Verbal Reports - None.
13. Council Discussion Items
13.1 Offshore Oil Drilling - Hibbard
Mayor Frank Hibbard expressed concerns with the federal government potentially lifting
the current ban. Thousands of acres are already available for oil drilling and not being
used. Mayor Hibbard requested that the city stand by resolution in place.
Consensus was to send Senator Jeff Atwater a letter confirming Clearwater stands by
current resolution, Resolution 08-26.
13.2 Countywide School Zone Improvement Program - Cretekos
The MPO has requested municipalities adopt a resolution supporting the
Countywide School Zone Improvement Program that will provide a consistent
policy for traffic control in school zones.
It was requested that the item be added to Thursday’s agenda.
13.3 Parking Garage Update
It was stated that the project was going to the Development Review Committee this
week. Staff is meeting with LOM on Friday. The project is scheduled to go before the
Community Development Board in December. The Development Agreement will go
before the City Council in January.
14. Other Council Action
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14.1 Other Council Action
Vice-Mayor Paul Gibson requested council approval to meet with the Planning staff
regarding Coronado. More than 8 hours of staff time will be needed to create models
that incorporate setbacks, height and design into reserve allocation.
Discussion ensued with concerns expressed regarding land assemblage and impact a
timeframe would have on the density pool.
Staff was directed to provide the total number of hours needed to model options on
Coronado and schedule discussion for January.
15. Adjourn
The meeting was adjourned at 10:46 a.m.
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