12/03/2009
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
December 3, 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, Richard Hull - Assistant City
Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call -
Management Analyst.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order - Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Pastor Bob Brubaker of Christ Community Presbyterian Church
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Youth for Human Rights Day Proclamation - Dustin McGahee, President of Youth
for Human Rights Florida, and members Bryant Guzman and Mila VonDohmain -
December 10, 2009
4.2 Appreciation for Clearwater’s Veteran’s Day - Bob Swick, CVA and Bob Lavender,
Boys and Girls Club Suncoast.
4.3 We Care Fund - Jim Geary, Dir. Customer Service
Residents were encouraged to donate to the fund, which is used to assist paying utility
bills for people experiencing temporary financial difficulties.
4.4 Turkey Trot
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The City was thanked for its support.
4.5 Clearwater Human Rights Week Proclamation - December 5-12, 2009
5. Approval of Minutes
5.1 Approve the minutes of the November 17, 2009 City Council Meeting as
submitted in written summation by the City Clerk.
Councilmember Carlen Petersen moved to approve the minutes of the November 17,
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
Mary Morrow suggested the City use social networking tools to increase voter turnout
for municipal elections.
Public Hearings - Not before 6:00 PM
7. Second Readings – Public Hearing
7.1 Adopt Ordinance 8070-09 on second reading, making EAR based amendments to
the Community Development Code.
Ordinance 8070-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8070-09 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.
7.2 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.
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Ordinance 8116-09 was presented for second reading and read by title only. Vice
Mayor Paul Gibson moved to pass Ordinance 8116-09 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.
7.3 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.
Ordinance 8118-09 was presented for second reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8118-09 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.
7.4 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.
Ordinance 8119-09 was presented for second reading and read by title only.
Councilmember John Doran moved to pass Ordinance 8119-09 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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7.5 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.
Ordinance 8121-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8121-09 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.
7.6 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).
Ordinance 8122-09 was presented for second reading and read by title only. Vice
Mayor Paul Gibson moved to pass Ordinance 8122-09 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.
7.7 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).
Ordinance 8123-09 was presented for second reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8070-09 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. Consent Agenda - Approved as submitted.
8.1 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 approve the committee membership being one Councilmember, one
citizen and three staff members. (consent)
8.2 Approve the Joint Project Agreement (JPA) with Pinellas County for Utility
Installation by Contractor for Phase III of the Dansville Redevelopment project.
(consent)
8.3 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)
8.4 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)
8.5 Appoint Michael Engelmann to the Environmental Advisory Board with the term to
expire December 31, 2013. (consent)
8.6 Approve changing the January 2010 Council meeting to Thursday, January 14 at
6:00 p.m. and Work Session to Monday, January 11 at 9:00 a.m. (consent)
Councilmember John Doran moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
City Manager Reports
9. Other Items on City Manager Reports
9.1 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
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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.
Resolution 09-50 supports the removal of the cap on the State local trust funds for
housing programs.
Councilmember John Doran moved to 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. The motion was duly seconded and
carried unanimously.
Resolution 09-50 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Resolution 09-50. 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.
9.2 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
the resulting lack of competition has made mandatory auditor rotation more costly
and potentially counterproductive.
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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.
Councilmember Carlen Petersen moved to amend Ordinance 8130-09 to reflect the
following change in the ballot question: Shall Section 2.01(c)3 of the City Charter be
amended as provided in Ordinance 8130-09 to require a Request for Proposals
process every five years to select an independent auditor rather than a mandatory
rotation of independent auditors every five years? The motion was duly seconded and
carried unanimously.
Ordinance 8130-09 was presented for first reading as amended and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8130-09 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,
Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
9.3 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 he did not believe the
State will require payment in the future for the bottom land.
Councilmember George N. Cretekos moved to accept the 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. The
motion was duly seconded and carried unanimously.
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Resolution 09-49 was presented and read by title only. Vice Mayor Paul Gibson moved
to adopt Resolution 09-49. 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.
9.4 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.
Traffic Operations Manager Paul Bertels said there have been no accidents near the
Hyatt or Patel lot.
It was suggested that Council delay decision on the one-way pair until after Spring
Break to confirm need.
Eighteen individuals spoke in opposition and 2 individuals suggested further study was
needed.
The Council recessed from 8:01 p.m. to 8:10 p.m.
Discussion ensued with concerns expressed regarding pedestrian safety, improvements
needed to Hamden, and traffic exiting on Coronado.
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Staff was directed to re-surface Hamden Drive, delay decision of one-way pair on beach
until after Spring Break and in the meantime take steps to prohibit left turns out of the
Hyatt garage and Patel lot onto Coronado Drive.
9.5 Approve the 2010 State Legislative Package.
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 supporting permanent funding source for TBARTA.
In response to a question, Fire Chief Jamie Geer said the State of Florida already
requires a boater safety course for personal watercraft owners. State regulations do not
address watercraft rentals.
Councilmember Carlen Petersen moved to add supporting a permanent funding source
for TBARTA and to approve the 2010 State Legislative Package. The motion was duly
seconded and carried unanimously.
Miscellaneous Reports and Items
10. City Attorney Reports
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
expenses incurred during the construction of improvements on the Beach Walk
Coronado Drive project.
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Staff pulled item.
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
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.
One individual spoke in opposition.
One individual expressed concern regarding the property owners not being provided
information regarding signage placement requirements.
It was requested the towing company be informed of the need to provide property
owners the sign requirements.
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Councilmember Carlen Petersen moved to repeal Section 30.053, Code of Ordinances,
relating to nonconsensual towing of vehicles from private property. The motion was duly
seconded and carried unanimously.
Ordinance 8117-09 was presented for first reading and read by title only.
Councilmember John Doran moved to pass Ordinance 8117-09 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.
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports - None.
12. Council Discussion Items
12.1 Adopt Resolution 09-53 supporting the Tampa Bay Regional Planning Council as
hosts of the 2012 National Association of Regional Councils Annual Conference.
It was stated that an official site has not been determined since the application process
is still underway. If TBRC is successful, Clearwater will contribute $2000 in support.
Councilmember John Doran moved to support the Tampa Bay Regional Planning
Council as hosts of the 2012 National Association of Regional Councils Annual
Conference. The motion was duly seconded and carried unanimously.
Resolution 09-53 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Resolution 09-53. 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.
12.2 Clearwater High School - Fundamental Status
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It was stated that Clearwater High School is seeking a letter from the city supporting its
request to be a Fundamental School.
Consensus was to submit a letter of support.
12.3 Rental Vacancy Rates - Councilmember Gibson
Vice Mayor Paul Gibson has expressed concern regarding pursuing additional
affordable housing as there are vacancies in current facilities.
In response to questions, Economic Development and Housing Director Geri Campos
Lopez said rents are regulated if the housing complex receives any federal or
state funds. The Clearwater Housing Authority has a waiting list for Section 8 housing.
It was noted in the current economy there are those that cannot afford the rental rates
and a lot of families are "doubling-up."
Vice Mayor Paul Gibson requested to meet with Housing staff to obtain information on
projects in the pipeline.
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 9:04 p.m.
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Mayor
City of Clearwater
Attest
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