02/04/2010
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
February 4, 2010
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, Pamela K. Akin - City Attorney, Cynthia
present: E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst.
Unapproved
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Asst. Pastor Thomas Jones, Flowing River Church
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Boy Scouts of America Week Proclamation, February 8-15, 2010
4.2 National Spay and Neuter Month, February 2010
4.3 Proclamation: 2-1-1 Tampa Bay Day - February 11, 2010
4.4 Department of Homeland Security Recognition of Ironman EOC Operations - Rick
Carnley
5. Approval of Minutes
5.1 Approve the minutes of the January 14, 2010 City Council Meeting as submitted
in written summation by the City Clerk.
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Councilmember Carlen Petersen moved to approve the minutes of the January 14,
2010 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
Anne Garris - suggested using $9 million set aside for beach parking to reduce service
cuts.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Continue the applicant’s request to vacate the East 35 feet of a portion of South
Gulfview Boulevard right-of-way lying along the west boundary of Lots 60, 61 and
62, Lloyd-White-Skinner Subdivision, (A.K.A. 311 South Gulfview Blvd. to
February 18, 2010.(VAC2009-07 L.O.M., Inc.)
Councilmember George N. Cretekos moved to continue the applicant’s request to
vacate the East 35 feet of a portion of South Gulfview Boulevard right-of-way lying along
the west boundary of Lots 60, 61 and 62, Lloyd-White-Skinner Subdivision, (A.K.A. 311
South Gulfview Blvd. to February 18, 2010.(VAC2009-07 L.O.M., Inc.) The motion was
duly seconded and carried unanimously.
7.2 Continue the Development Agreement between L.O.M. Inc. (the property owner)
and the City of Clearwater as per Beach by Design and Community Development
Code Section 4-606 to February 18, 2010.
Vice Mayor Paul Gibson moved to continue the Development Agreement between
L.O.M. Inc. (the property owner) and the City of Clearwater as per Beach by Design and
Community Development Code Section 4-606 to February 18, 2010. The motion was
duly seconded and carried unanimously.
8. Second Readings – Public Hearing
8.1 Continue second reading of Ordinance 8145-10 regarding VAC2009-07 LOM Inc.
to March 4, 2010.
Councilmember Carlen Petersen moved to continue second reading of Ordinance 8145-
10 regarding VAC2009-07 LOM Inc. to March 4, 2010. The motion was duly seconded
and carried unanimously.
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9. Consent Agenda
9.1 Declare the list of property surplus to the needs of the City, authorize donation to
Pinellas Technical Education Center (PTEC) and authorize the appropriate
officials to execute same. (consent)
9.2 Approve First Amendment to Lease Agreement between Clearwater Golf
Associates Inc. (Club), and the City of Clearwater (City) increasing the length of
the Agreement from 20 years to 27 years, extending the 50% rent relief for seven
(7) years,setting a schedule to complete additional improvements to the course by
the Club and authorize the appropriate officials to execute same. (consent)
9.3 Accept an Edward Byrne Memorial Justice Assistance/Recovery Act Grant in the
amount of $100,000 from the Florida Department of Law Enforcement, Office of
Criminal Justice Grants (FDLE), for the Hispanic Outreach Center Partnership
project and authorize the appropriate officials to execute same. (consent)
9.4 Accept an Edward Byrne Memorial Justice Assistance Grant in the amount of
$6,625 from the Florida Department of Law Enforcement, Office of Criminal
Justice Grants (FDLE), for Rosetta Stone Spanish language training and
authorize the appropriate officials to execute same. (consent)
9.5 Award a contract to Waterline Construction, Inc. in the amount of $37,950 for the
Turnstile Removal Clearwater Harbor, authorize funding in the amount of $37,950
from the General Fund reserves and authorize appropriate officials to execute
same. (consent)
9.6 Approve the Third Amendment to the Stevenson Creek Watershed Management
Program: Implementation of Best Management Practices (K394) cooperative
funding agreement with the Southwest Florida Water Management District to
extend the contract period to December 31, 2010 and authorize the appropriate
officials to execute same. (consent)
9.7 Approve the final plat for Bayside Townhomes located at 109 McMullen Booth
Road at the Southeast intersection of McMullen Booth Road and Johns Parkway.
(consent)
9.8 Approve two Work Orders to Engineer of Record (EOR)Sam Schwartz
Engineering of Tampa, Florida, for the design and construction administrative
services of (1) Hillcrest Neighborhood Traffic Calming (10-0002 EN) in the amount
of $330,242.03 and (2) Greenlea-Otten Neighborhood Traffic Calming in the
amount of $344,568.00 for a total of $674,810.03 and authorize the appropriate
officials to execute same. (consent)
9.9 Award a contract to BRW Contracting, Inc. of Land-O-Lakes, Florida for the
construction of the Overlea Street and Stevenson Drive Gravity Sewer
Improvements Project in the amount of $431,174.81, which is the lowest
responsible bid in accordance with plans and specifications, and authorize the
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appropriate officials to execute same. (consent)
9.10 Reappoint Thomas Coates to the Community Development Board with the term to
expire February 28, 2014. (consent)
9.11 Appoint Judith B. Powers to the Public Art and Design Advisory Board as the
Pinellas County Arts Council representative with the term to expire February 28,
2014. (consent)
Councilmember John Doran moved to approve the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Amend Chapter 33, Code of Ordinances, to be consistent with recent changes in
Florida Statutes prohibiting city authorities from regulating the anchoring of
vessels outside of mooring fields, and to clarify the types of vessels that may use
city-owned docking facilities to be consistent with the City Charter and pass
Ordinance 8146-10 on first reading.
Portions of recently adopted legislation contained in Florida House Bill 1423
clarified the extent that a municipality can regulate vessel operation within its
waterways. City authorities are prohibited from regulating the anchoring of
vessels, other than live-aboard vessels, outside the marked boundaries of
mooring fields as provided in Florida Statutes. Live-aboard vessel means any
vessel used solely as a residence and not for navigation; represented as a place
of business, or a professional or other commercial enterprise; or which a
declaration of domicile has been filed pursuant to section 222.17, Florida Statutes.
The city has been asked if it will allow the licensing of the downtown boat slips for
recreational vessels which will be leased, rented or chartered to people for the
noncommercial use of such vessels. Florida Statute defines recreational vessels
as vessels manufactured and used primarily for noncommercial purposes or
leased, rented or chartered to a person for the person’s noncommercial use.
Use of the Downtown boats slips is limited by the City Charter and Clearwater
Code of Ordinances. The relevant city charter provision section 2.01 (D.)
(6), states in pertinent part:
Notwithstanding any provision of this section to the contrary, city-owned public
docks, promenade, side tie moorings and not more than 140 dedicated boat slips
for recreational noncommercial vessels... may be constructed, operated and
maintained.... City may permit ferries, water taxis, excursion boats and similar
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uses to access the docks for drop-off and pickup of passengers only.... No boat
launching ramps, fueling facilities, ticket booths or parking garage shall be
permitted.
Neither the city charter nor the City Code currently defines “recreational
noncommercial vessels.” Using the definitions of the terms “commercial vessel”
and “recreational vessel,” as defined by Florida statutes, these terms are added to
Chapter 33 of the Clearwater Code by the proposed ordinance so that the Code
coincides with the City Charter.
So long as vessels are registered, insured, and utilized as “recreational vessels,”
the aforementioned charter provision would not preclude the renting of vessels
from city owned docks for this purpose. With the additional definitions and
modifications proposed by this ordinance, the city code will be in-line with the
charter.
Direction is also sought from council to respond to developers who have
requested dock permits at the downtown location as incentives to prospective
condo owners with boats.
Councilmember George N. Cretekos moved to amend Chapter 33, Code of Ordinances,
to be consistent with recent changes in Florida Statutes prohibiting city authorities from
regulating the anchoring of vessels outside of mooring fields, and to clarify the types of
vessels that may use city-owned docking facilities to be consistent with the City Charter.
The motion was duly seconded and carried unanimously.
Ordinance 8146-10 was presented for first reading and read by title only. Vice Mayor
Paul Gibson moved to pass Ordinance 8146-10 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.
10.2 Amend Article VII, Solid Waste Management, Sections 32.2715, 32.272(4),
32.288, 32.289 (7)and(8), and 32.293 (8) and pass Ordinance 8131-10 on first
reading.
The Solid Waste ordinance is being revised to award exclusivity to the City of
Clearwater Solid Waste department to provide roll-off service within the city limits.
This will relieve several city departments from the administrative burden of
regulating the commercial haulers.
Section 32.2715 needs to be updated to better clarify the definition of construction
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debris, and Sections 32.272(4), 32.288, 32.289(7) and (8), and 32.293(8) need to
be amended in order to award exclusivity to the Solid Waste department within
city limits as statutory notice requirements have been meet. Amended language
shall take full force and effect upon adoption of 8131-10.
Division 1. Generally
Section 32.2715. Definitions.
(5) Construction debris is being updated to provide a clarified definition.
Section 32.272 Collection by city; exceptions.
(4) Exception for private collectors with roll-off containers.
Amend current language to prevent private collectors from obtaining permits in
order to place or service roll-off containers, compactors or waste receptacles
within City limits three years after adoption of 8131-10. After the above mentioned
deadline, if the City determines it is unwilling or unable to collect a certain type or
volume of refuse, permits shall only be issued to private collectors or to sole
proprietors or corporate entities that solely service individual trailers or other
similar rubber tire vehicles that are no larger than fifteen (15) cubic yards.
Division 2. Permit for Roll-off Container and/or Waste Receptacle Service
32.288 Required
Amend current language to state it shall be unlawful for any party, other than the
City, to engage in the business of collecting, removing or disposing of construction
debris and putrescible waste generated by commercial establishments. However,
should the City be unwilling or unable to provide said service a sole proprietor or
corporate entity shall be able to place or service a roll-off container or waste
receptacle provided they obtain a permit to legally continue such business without
penalty. In addition, amend language to advise that a new Permitee or a renewing
Permitee shall only be allowed to provide said service until February 18, 2013, or
3 years from adoption of ordinance 8131-10 unless they are solely servicing
individual trailers or other similar rubber tire vehicles that are no large than fifteen
(15) cubic yards.
Section 32.289 Application
(7) The requirement to provide contract copies to obtain a permit is being
removed from the ordinance.
(8) Due to 32.289 (7) being removed from ordinance, number eight will be
renumbered. Also the phrase “if applicable” will be added.
32.293. Roll-off and/or waste receptacle permit application, termination, denial.
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Amend current language to state the City shall issue permits to private collectors
or corporate entities only if the City is unwilling or unable to provide said service,
or private collectors are solely servicing individual trailers or other similar rubber
tire vehicles that are no larger than fifteen (15) cubic yards. In addition, amend
language to advise that a new Permitee or a renewing Permitee shall only be
allowed to provide said service until February 18, 2013, or 3 years from adoption
of ordinance 8131-10.
In response to questions, Solid Waste and General Services Director Earl Gloster said
the 15% commercial hauling surcharge is for administrative time associated with
permitting and tracking. The city of Largo has been exclusive for 20 years. If the permit
is not required there would be no ability to regulate the private haulers. Mr. Gloster said
the proposed amendments do not impact rubber tire haulers up to 15 cubic yards.
Eight individuals spoke in opposition and one individual expressed concern for rubber
tire haulers.
In response to concerns, Mr. Gloster said the surcharge fee is set by city ordinance and
that the proposed amendments do not impact rubber tire trailers.
Discussion ensued with concerns expressed regarding the notification process and
impact tabling the ordinance would have on the 3-year implementation period.
It was stated that Florida Statutes require a particular notice before implementing
exclusivity. The city did not properly notice business owners previously. Impacted
businesses now have been properly noticed.
Councilmember Carlen Petersen moved to amend Item 10.2 to include
language directing the City Clerk to place this ordinance on the agenda within
1 year for the purpose of reviewing private hauler compliance with the
permitting and regulatory requirements. The motion was duly seconded and
upon vote being taken:
Mayor Frank Hibbard, Councilmember George N. Cretekos,
"Ayes": Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays":Vice Mayor Paul Gibson.
Motion carried.
Councilmember John Doran moved to amend Ordinance 8130-10 on first reading to
add, "The City Clerk is directed to place the ordinance on the agenda within 1 year for
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the purpose of reviewing private hauler compliance with the permitting and regulatory
requirements." The motion was duly seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Councilmember George N. Cretekos, Councilmember
John Doran, and Councilmember Carlen Petersen
"Nays": Vice Mayor Paul Gibson
Motion carried.
Ordinance 8131-10, as amended, was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to table Ordinance 8131-10, as
amended, to the first meeting in August. The motion was duly seconded and
upon vote being taken:
Vice Mayor Paul Gibson, and Councilmember George N. Cretekos.
"Ayes":
"Nays":Mayor Frank Hibbard, Councilmember John Doran, and
Councilmember Carlen Petersen.
Motion failed.
Councilmember Carlen Petersen moved to pass Ordinance 8131-10, as amended, on
first reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Councilmember George N. Cretekos, Councilmember
John Doran, and Councilmember Carlen Petersen.
"Nays": Vice Mayor Paul Gibson
Motion carried.
10.3 Approve amendments to Code of Ordinances, Chapter 14, Elections, to update
the code due to changes in the City charter, State Statutes and County Supervisor
of Elections procedures and pass Ordinance 8133-10 on first reading.
Various amendments are needed to the City's election code due to: Charter
changes increasing the term of office to four years and transferring canvassing
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board duties to the County Canvassing Board. Changes in State Statutes
regarding poll watchers, voting equipment, make up of election boards and
election procedures Supervisor of Election procedures regarding selection of
polling places, delivery of equipment and selection and training of poll workers.
Councilmember John Doran moved to approve amendments to Code of Ordinances,
Chapter 14, Elections, to update the code due to changes in the City charter, State
Statutes and County Supervisor of Elections procedures. The motion was duly
seconded and carried unanimously.
Ordinance 8133-10 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8133-10 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.
10.4 Adopt Resolution 10-02, encouraging Pinellas County to adopt anti-tethering
regulations.
The City of Clearwater (“City”) finds extreme importance in protecting animals and
preventing animal cruelty, and the United States Department of Agriculture has
found that the continuous confinement of canines by a tether is inhumane.
In addition, the continuous confinement of canines by a tether has been found to
contribute to aggressive behavior and can lead to severe collar injuries and
exposure related illnesses.
The proper agency for regulating such behavior is the Pinellas County Board of
County Commissioners.
Vice Mayor Paul Gibson moved to approve encouraging Pinellas County to adopt anti-
tethering regulations. The motion was duly seconded and carried unanimously.
Resolution 10-02 was presented and read by title only. Councilmember Carlen
Petersen moved to adopt Resolution 10-02. 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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10.5 Appoint one member to the Community Development Board with the term to
expire February 28, 2014.
Councilmember Carlen Petersen moved to appoint Kurt B. Hinrichs to the Community
Development Board with the term to expire February 28, 2014. The motion was duly
seconded and carried unanimously.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Pinellas County Staff Reduction in Downtown
It was stated that the County is considering consolidating work space and relocating
Downtown staff.
Discussion ensued with consensus to have Mayor Frank Hibbard attend next week’s
Board of County Commission meeting to reiterate the city’s support for county
presence to remain in Downtown.
12. Council Discussion Items
12.1 Advisory Board Event
Based on 125 to 150 people for May 3, 2010, estimates received so far for a
reception consisting of hors d’oeuvres with a cash bar:
Sheraton Sand Key - $20 per person
Greek Town - $10.00 per person
Sand Pearl - $3500.00 plus misc. service charge
Hyatt Aqualea - $3500.00 plus misc. service charge
Spoke with 2 catering companies - did not have liquor license. If we held this
event at a City location they would need to return the next day to clean up. Did
not pursue estimates.
Staff was directed to host the event at Greek Town Grille Restaurant.
13. Other Council Action
13.1 Other Council Action
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Councilmember Carlen Petersen reported on events.
Adiourn
The meeting was adjourned at 8:01 p.m.
Attest
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Council 2010-02-04
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Mayor
City of Clearwater
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