11/30/2009
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
November 30, 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,
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. Economic Development and Housing
1.1 Support the repeal of the cap on the State and Local Housing Trust funds and the
full appropriation of funding to Florida’s Affordable Housing Programs in Fiscal
Year 2010-2011 and Adopt Resolution 09-50.
The Florida Legislature enacted the William E. Sadowski Affordable Housing Act
in 1992, creating a dedicated revenue source for state and local housing trust
funds. This revenue source funded state and local housing programs and assisted
local governments in meeting the housing needs of its population.
The Sadowski Act created the State Housing Initiatives Partnership (SHIP)
Program. Through the SHIP Program, the City of Clearwater’s Economic
Development and Housing Department has provided funding for the following
housing activities: down payment and closing costs assistance, rehabilitation of
owner occupied single-family dwellings, foreclosure prevention,
acquisition/renovation of affordable multi-family dwelling and home ownership
counseling services.
The City of Clearwater’s SHIP allocation was reduced by one (1) million dollars
in funding for the 2009/2010 funding cycle. This represented over one-third (1/3)
of our total budget for the City’s housing programs.
The Florida Housing Coalition, the Florida League of Cities, and the Florida
Association of Counties, along with our neighboring communities, are working
together to stop the loss of SHIP and state housing trust fund monies.
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Resolution 09-50 supports the removal of the cap on the State local trust funds for
housing programs.
2. Financial Services
2.1 Adopt Council Policy for an Audit Committee in compliance with Florida Statute
218.391, for selection of a Certified Public Accounting firm to perform the annual
audit and provide direction for the make up of the Audit Committee.
Florida Statutes Section 218.391, effective July 1, 2005, requires that selection
of external auditors for the annual audit be done by an Audit Committee
established by the City Council.
The Audit Committee must oversee the auditor selection process but may
also manage the engagement as deemed appropriate.
The Audit Committee will, at a minimum, issue a request for proposal (RFP), rate
the firms responding to the RFP, and make a recommendation to the City Council.
It is recommended that Audit Committee members have a basic understanding of
governmental financial reporting and auditing, with at least one financial "expert".
Also recommended is the inclusion of members of the governing body or a subset
thereof.
The recommended Council Policy requires Council appointment of an Audit
Committee for selection of the external auditors for the annual audit, per a request
for proposal (RFP) process every five years at a minimum.
In response to a question, Finance Assistant Director Jay Ravins said it was
recommended that the committee be comprised of a councilmember, one or more
citizens with government accounting expertise, and city staff with accounting expertise.
Consensus was to have a 5-member committee comprised of 1 councilmember, 1
citizen, and 3 staff members.
2.2 Approve submitting an amendment to City Charter Section 2.01(c)(3) to eliminate
mandatory auditor rotation to City voters and pass Ordinance 8130-09 on first
reading.
The City Charter currently requires mandatory rotation of the audit firm employed
for the annual audit every five years at a minimum.
Mandatory auditor rotation creates additional audit costs and audit inefficiencies
with uncertain potential benefits.
A recent decrease in audit firms fully qualified to perform public-sector audits and
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the resulting lack of competition has made mandatory auditor rotation more costly
and potentially counterproductive.
Other safeguards currently exist to address the independence and objectivity of
independent auditors, including recently enacted Florida Statutes Section 218.391
requiring selection of external auditors via a competitive request for proposals
process managed by an audit committee appointed by the governing body.
In response to questions, Finance Assistant Director Jay Ravins said firms know they
will only have a 5-year timeframe and bill upfront. A Request for Proposal (RFP) is
required every 5 years.
It was stated that the RFP process will not obligate the city to go with the lowest bid.
Mr. Ravins said the Audit Committee will come to Council with ranking of firms and the
Council will have the final decision.
In response to questions, Mr. Ravins said during the rotation process, the city received
6 proposals and only 3 fully qualified.
Staff was directed to amend the referendum question to require a RFP rather than
mandatory rotation.
3. Gas System
3.1 Approve the Joint Project Agreement (JPA) with Pinellas County for Utility
Installation by Contractor for Phase III of the Dansville Redevelopment project.
(consent)
Pinellas County is currently working on Phase III of the Dansville redevelopment
project, where the County would like to install 1,250 feet of natural gas mains
within the subdivision. The City will supply the gas pipe and the County will
reimburse the City for all material cost. Pinellas County will be responsible for
labor cost. Estimated material and labor costs are $6,500 and $35,700,
respectively.
The Dansville redevelopment area is located approximately one mile north of the
intersection of Ulmerton and Walsingham Rd in Largo. Actual boundaries are
between 132nd and 134th Ave N and 128th St and Oak St.
4. Human Resources
4.1 Approve a Legal Services Agreement with Klausner and Kaufmann, PA, to serve
as counsel in matters pertaining to the City Employees’ benefits plan, deferred
compensation plan and money purchase plan,at a rate of $300 per hour.
(consent)
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The City currently retains Klausner and Kaufmann as legal council for the City of
Clearwater Employee Pension Fund. This agreement will retain their services for
any work that may be required to keep the City’s 401A and 457 deferred
compensation plans and Section 125 plan current with mandated IRS
requirements or other legal changes.
Gray/Robinson, PA is currently retained to provide these services. The
agreement between that firm and the City requires a 10 day notice to terminate
the agreement. Written notice will be provided immediately after Council approval
of the new agreement and will not be in effect until that notice is provided.
In response to a question, Human Resources Director Joe Roseto said staff was
concerned with lack of responsiveness and billing by current counsel.
5. Marine and Aviation
5.1 Accept submerged land lease 520344583 with the Florida Department of
Environmental Protection, Bureau of Public Lands for use of state owned land
under ten boat slips at the Downtown Boat Slips and adopt Resolution 09-49.
The Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State
of Florida Department of Environmental Protection, Bureau of Public Lands
requires the City of Clearwater to accept a lease instrument for use of a parcel of
sovereign submerged land in Section 16, Township 29 South, Range 15 East, in
Clearwater Harbor, Pinellas County, containing 39,801 square feet, more or less.
Accepting this lease for submerged lands authorizes the City of Clearwater to use
State owned bottomland for ten slips at the Downtown Boat Slips. The term of the
lease will extend through July 26, 2019.
In response to a question, Marine and Aviation Director Bill Morris said the city must
wait for the project to be completed before the boat slips may be leased.
6. Solid Waste/General Support Services
6.1 Award a contract (purchase order) to Navistar, Inc. of Wesley Chapel, FL in the
amount of $113,347.00 for the purchase of one 2010 International Durstar with
Nuway Grapple Body in accordance with Sec. 2.56(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)
This purchase is a piggyback of the Florida Sheriff’s Bid 09-17-0908.
The Completed unit will replace G2560 and was included in the Garage
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Replacement CIP for 2009/2010.
7. Engineering
7.1 Provide direction and guidance to staff regarding possible implementation of a
one way pair on south beach comprised of Coronado Drive and Hamden Drive.
A FDOT style public meeting was held on November 4, 2009 from 4 PM to 7 PM
at the Clearwater Beach Recreation Center.
Sixty-eight residents registered at the door and 32 comments have been returned
to the city. There were 7 in favor, 9 may or may not support, and 16
absolutely opposed. The comments are provided with the agenda item.
The one-way plan as presented at the meeting was developed to organize
and improve traffic flow, long-term, on the beach, taking into account future
development and safety for pedestrians as well as motorists.
Maintenance of the one-way system would be by the Traffic Operations Division
of the Engineering Department.
In response to questions, Traffic Operations Manager Paul Bertels said there are plans
to mill and re-surface Hamden Drive next year. Developments going in will have to
provide sidewalks and back-out parking will be going away. The department has
supported one-way pair concept on Hamden Drive for some time.
Discussion ensued with concerns expressed regarding pedestrian safety and ability to
control traffic coming out of Hyatt.
In response to a question, Mr. Bertels said no accidents around the Hyatt have been
reported to staff.
It was requested that staff check if any accidents problems at Aqualea and the Patel site
have been reported.
It was stated that a large number of Sand Key residents traveling northbound complain
about the traffic. Police enforcement is always enhanced during Spring Break.
8. Planning
8.1 Discuss amendments to the Community Development Code to increase required
side setbacks for commercial docks. (WSO)
At a recent City Council meeting, Council requested that staff draft an amendment
to Section 3-601.C.3.h.i of the Community Development Code to increase the
required side setbacks for commercial docks located on non-residentially zoned
property adjacent to waterfront residentially zoned property.
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In order to address this request, the following language is being submitted for
discussion. The proposed amendment provides for greater separation between
commercial docks and residential properties by increasing the side setbacks for
this subset of commercial docks and restructures the existing commercial docks
dimensional standards language. The Planning Department requests Council’s
guidance on how to proceed with this item.
Section 3-601. Docks.
C. New docks.
3. Commercial docks.
h. Dimensional standards.
i) Setbacks. All commercial and multi-use docks shall be located so that no
portion of such dock is closer to any property line as extended into the water than
ten percent of the applicant’s property width measured at the waterfront property
line. Multi-use private and commercial docks abutting adjacent waterfront single-
family or two-family property must be setback a minimum of one-third of the
applicant’s waterfront property width from the adjacent waterfront single-family or
two-family property.
i) Setbacks for commercial and/or multi-use docks shall be as follows:
a. If the commercial or multi-use dock is located adjacent to a waterfront
single-family or two-family property and the use of said property conforms to the
zoning district, the setback adjacent to such property shall be a minimum of one-
third of the applicant’s waterfront property width measured from the side property
lines;
b. If a commercial or multi-use dock located on non-residentially zoned
property is adjacent to any waterfront residentially zoned property, the setback
adjacent to the residentially zoned property shall be a minimum of twenty percent
of the applicant’s waterfront property width measured from the side property lines;
c. In all other circumstances, commercial and multi-use docks shall be
located so that the setback from any property line shall be a minimum of ten
percent of the applicant’s waterfront property width measured from the side
property lines.
In response to questions, Planning and Development Assistant Director Gina Clayton
said proposed amendments do no prohibit anyone from having. Should there be a
problem because of the way the water is configured the owner can appeal and seek
relief.
Ms. Clayton said the proposed amendments will go before the Community Development
Board in January 2010 and then go before the City Council in February.
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9. Official Records and Legislative Services
9.1 Approve the 2010 State Legislative Package. (consent)
The 2010 State Legislative Package includes supporting: continued funding for
programs that benefit municipalities statewide such as Florida Recreation
Development Assistance Program (FRDAP) and Brownfields Cleanup; full funding
of the housing trust funds under the Sadowski Act and State Aid to Libraries. Also
included in the 2010 package is a local bill that removes the reverter clause from
the beach Marina property in order to facilitate future redevelopment of that site in
accordance with current state policies.
The City, along with the Florida League of Cities, continues to oppose unfunded
mandates and intrusions to municipal home rule authority.
Staff was directed to add: prohibiting text messaging while driving and requiring hands-
free cellular phones; allowing red-light camera enforcement; opposing off-shore oil
drilling; opposing forced consolidation of municipal and county services; and opposing
expansion of gambling activities in Florida.
It was requested that Fire Chief Jamie Geer be present at Thursday's meeting to
discuss need for personal watercraft training.
9.2 Appoint one member to the Environmental Advisory Board with the term to expire
December 31, 2013.
Consensus was to appoint Mr. Michael Engelmann.
9.3 January Meeting
Consensus was to schedule the work session on January 11, 2010 and the council
meeting on January 14, 2010.
10. Legal
10.1 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
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expenses incurred during the construction of improvements on the Beach Walk
Coronado Drive project. (consent)
1) 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.
2) 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
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.
It was stated that Florida Power Light has conceptually agreed to a waiver. Staff is
meeting with representatives later today.
10.2 Repeal Section 30.053, Code of Ordinances, relating to nonconsensual towing of
vehicles from private property and pass Ordinance 8117-09 on first reading.
Section 30.053, Code of Clearwater, adopted in 1984, refers to regulations
regarding nonconsensual tows of vehicles from private property.
Section 715.07, Florida Statutes, already contains numerous regulations
regarding nonconsensual tows of vehicles from private property. Those
regulations overlap the regulations in Section 30.053.
Sections 122-38 through 122-45, Pinellas County Code, also contain numerous
regulations regarding nonconsensual tows of vehicles from private property and
are enforceable within both the unincorporated and incorporated areas within
Pinellas County.
However, Section 30.053(2)(a)5.e., Code of Clearwater, contains a requirement
that does not appear in Section 715.07, Florida Statutes, or Sections 122-38
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through 122-45, Pinellas County Code. Section 30.053(2)(a)5.e. states "[t]he City
shall require approval after inspection of these signs prior to the authorization by
any city police officer of any towing or removal to ensure compliance subsection
(2)(a)5." It has not been the policy of the police department, code enforcement,
or traffic engineering to inspect the towing signs that private property owners
place on their property. A private property owner who has a vehicle towed without
having proper signage is subject to a civil cause of action by the vehicular owner,
who would be able to recover damages, attorney’s fees, and court costs pursuant
to Section 715.07(4), Florida Statutes. Moreover, the vehicular owner can make a
complaint with the Pinellas County Department of Justice and Consumer
Services.
Therefore, based on the redundancy of Section 30.053 and the non-enforcement
of the inspection provision, Section 30.053, Code of Clearwater, should be
repealed.
Assistant City Attorney Rob Surette said Clearwater is the only municipality with such
an ordinance.
10.3 Adopt Ordinance 8070-09 on second reading, making EAR based amendments to
the Community Development Code.
10.4 Adopt Ordinance 8116-09 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 1980 Kings Highway from
Residential Medium (RM) to Transportation Utility Overlay and Drainage Feature
Overlay with existing Residential Medium.
10.5 Adopt Ordinance 8118-09 on second reading, relating to historic designation,
designating property located at 401 Cleveland Street, the Clearwater Evening
Sun/Lokey Building, as a historic property under Community Development Code
Section 4-607, providing for classification of the designation, providing for notice
of the designation and recognition of the designated property by sign or marker.
10.6 Adopt Ordinance 8119-09 on second reading, relating to historic designation,
designating property located at 405 Cleveland Street, the Capitol/Royalty Theatre,
as a historic property under Community Development Code Section 4-607,
providing for classification of the designation, providing for notice of the
designation and recognition of the designated property by sign or marker.
10.7 Adopt Ordinance 8121-09 on second reading, annexing certain real property
whose post office address is 13 Baywood Avenue into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
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10.8 Adopt Ordinance 8122-09 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 13 Baywood Avenue, upon
annexation into the City of Clearwater, as Residential Urban (RU).
10.9 Adopt Ordinance 8123-09 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 13 Baywood
Avenue, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports - None.
12. Council Discussion Items
12.1 Educating the Public re Amendment 4 - Councilmember Petersen
It was stated that there are conflicting thoughts on legislation limiting expenditure of
public funds. Expressing opinion and providing information without expenditures of
public funds is okay. A public discussion regarding the impact should legislation pass is
permissible. The city cannot expend funds to advocate a position. Staff will provide
council with legal opinion.
12.2 A Resolution Regarding 2012 National Association of Regional Councils Annual
Conference - Councilmember Petersen
It was requested that information be provided regarding who is making the $2000
contribution, members or all municipalities.
Staff was directed to prepare a resolution for Thursday's meeting.
12.3 S. Gulfview Improvements
Building Construction Manager Perry Lopez said it will cost an additional $500,000 to
accelerate work and have the project completed by February 12, 2010, if no other
underground interference is found. As of now, they will finish in April.
There was no consensus to support an accelerated timeframe.
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In response to a question, Mr. Lopez said it would cost $25,000 to continue the pavers.
Staff was directed to contact the hoteliers and ask if they are willing to pay $25,000 for
the pavers.
12.4 Dunedin Pass - Mayor Hibbard
Marine and Aviation Director Bill Morris said opening the pass is a significant financial
undertaking. Many environmentalists oppose the idea due to the sea grass, a precious
commodity. The pass has changed into an estuary over time. Mr. Morris said Pinellas
County is partnering with an environmental firm on a study finding that the water quality
is improving more than anticipated.
In response to questions, Mr. Morris said the channel has been re-aligned and staff is
starting process to request dredging the Marina. The depth of water where boat slips
are now is 5 to 14 feet.
13. Other Council Action
13.1 Other Council Action
Councilmember George N. Cretekos said the BIG-C is requesting $95 from the
city for an amicus brief regarding the beach re-nourishment case before the Supreme
Court.
There was consensus to support the request.
Councilmember John Doran said many citizens have expressed concern
regarding the Brazilian peppers and sea grapes on the causeway and questioned what
can be done to address the matter.
It was stated that the sea grapes may be protected but the city has a contract to
address the peppers.
14. Adjourn
The meeting was adjourned at 11:23 a.m.
15. Presentation(s) for Council Meeting
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15.1 Appreciation for Clearwater’s Veteran’s Day - Bob Swick, CVA and Bob Lavender,
Boys and Girls Club Suncoast.
15.2 Youth for Human Rights Day Proclamation - Dustin McGahee, President of Youth
for Human Rights Florida, and members Bryant Guzman and Mila VonDohmain
15.3 We Care Fund - Jim Geary, Dir. Customer Service
15.4 Turkey Trot
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