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02/01/2010 CITY COUNCILWORKSESSION MINUTES CITY OF CLEARWATER February 1, 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, 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 1:00 p.m. at City Hall. 1. Financial Services 1.1 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) The City of Clearwater Fire and Rescue Department was awarded a grant in the amount of $293,498.00 under the 2004 Assistance to Firefighters Grant Program. The grant required the City to provide 30% matching funds, for a total of $418,925. Of this amount, the City used $43,744.93 of grant and City funds to purchase candidate physical ability test equipment and related supplies. The Fire Department used the equipment and supplies to test candidates for City firefighter positions, but is unable to continue to provide the testing as envisioned by the grant. Pinellas Technical Education Center (PTEC) has been designated county wide testing responsibility by the Department of Homeland Security, the original grantor. Terms of the original grant require the City to transfer the equipment to their approved recipient. The granting agency has approved this donation. The Clearwater Fire and Rescue Department and other Pinellas County fire departments will use the equipment for future testing needs. Equipment and supplies recommended for donation have an original value of $43,744.93 and a book value (after depreciation) of $18,959.69. The book value of the City’s investment is $5,687.91 (30% of the book value). The equipment is Work Session 2010-02-01 1 designed for testing firefighter rescue candidates only. 2. Marine and Aviation 2.1 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 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 Work Session 2010-02-01 2 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. In response to a question, Marine and Aviation Director Bill Morris said vessels may anchor anywhere as long as they do not interfere with navigable waters. It was stated that the city has authority to regulate what happens in its marina, but little authority over the waterways. In response to a question, Mr. Morris said he has not been approached for months regarding potential condo owners purchasing slips at the downtown marina. Currently, developers would have to rent slips and transition them to condo owners. It was stated that the issue may come before council in the future. 3. Parks and Recreation 3.1 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) On December 19, 2001, the Council approved a 20-year Agreement between Clearwater Golf Associates, Inc. and the City for the operation of the property known as Clearwater Executive Golf Course, including an annual lease payment, and improvements to the course. Staff has found the Club’s performance to be excellent including adhering to all provisions of the current Agreement which included investing over $1,000,000 of improvements to the course during the first five years. The City and Club have determined additional capital improvements of approximately $250,000 are needed in order to rebuild greens due to salt water intrusion, rebuild the sand traps and tee boxes and connect to newly installed reclaimed water source. In addition, once the reclaimed water source is connected the Club will be responsible to pay for the water estimated to be approximately $30,000 per year. Staff recommends amending the current Agreement to allow the Club an additional seven (7) years to complete the needed improvements and in return Work Session 2010-02-01 3 continue the 50% reduction of the base rental payment during the next seven (7) years of the Agreement. Base rental payment is $48,000 per year. In response to questions, Parks and Recreation Director Kevin Dunbar said the 7-year extension allows the Club to recoup their investment. Funds received from the Club go to the General Fund. It was stated that the City may terminate the agreement for municipal purposes. 4. Police 4.1 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) On May 6, 2009, Clearwater Police Department (CPD) was granted approval by the City’s Resource Management Committee to apply for grant funding for the continuation of Operacion Apoyo Hispano (Operation Hispanic Outreach). On December 14, 2009, the grant was officially awarded by FDLE. The official grant period is October 1, 2009 – September 30, 2010. FDLE was delayed in awarding the grant due to the large number of grant applications and awards the agency was required to process this year. FDLE has advised that Clearwater will be permitted to request a no-cost extension of time for the grant project if necessary. City Council approval is requested to accept the grant and enter into a contractual agreement with Pinellas Core Management Services, Inc. (PCMS - fiscal agent for the Hispanic Outreach Center) to administer Operacion Apoyo Hispano, which consists of advocacy, interpretation, translation of documents, and crime prevention/education activities. The program will be enhanced this year with the addition of a gang prevention program that will include a full-time Gang Prevention Specialist (employed by the Hispanic Outreach Center) who will implement the program in two Clearwater elementary schools. There are no additional costs associated with this project such as additional personnel or cash match. Special Project 181-99259 has been established to account for the grant expenditures. 4.2 Accept an Edward Byrne Memorial Justice Assistance Grant in the amount of Work Session 2010-02-01 4 $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) On July 7, 2009, Clearwater Police Department (CPD) was granted e-mail approval by the City’s Resource Management Committee to apply for grant funding in the amount of $6,625 for the purchase of an online subscription to Rosetta Stone Spanish language software. On November 20, 2009, the grant was officially awarded by FDLE. The language barrier confronting the CPD continues to present a serious challenge to its police officers. To address this problem, CPD has relied on the use of contractual interpreter services provided by the Hispanic Outreach Center (HOC) in Clearwater. While this program has been successful thus far, it does not address the expediency and officer safety issues that could be resolved if more Clearwater police officers spoke at least some Spanish. The increasing presence of Hispanic gangs in Clearwater raises very real concerns for officer safety when dealing with this criminal element. The inability to understand what these individuals may be saying in Spanish when confronted by CPD officers who only speak English could possibly place Clearwater police officers in serious jeopardy. Likewise, a Spanish-speaking resident who is in need of immediate assistance, such as a traffic accident victim or lost child, would be better served by a police officer who can speak with them directly rather than having to wait for the arrival of an on-call HOC interpreter. CPD conducted research on how best to train Clearwater police officers to communicate with the city’s Hispanic population. With changing work schedules, off-duty jobs, and busy personal lives, it was determined that traditional Spanish classes are not the best option for law enforcement officers. After months of research and speaking with Clearwater police officers regarding their needs, CPD found that a self-paced, interactive software such as Rosetta Stone would be the most effective tool for officers to learn to speak Spanish. With Rosetta Stone, CPD officers can learn to communicate in Spanish in a matter of months. Purchase of an online subscription will provide named users access to Rosetta Stone courseware 24 hours a day, 7 days per week for an annual subscription period, with all licenses starting and ending on the same date. This flexible license agreement allows subscriptions to be reassigned to new users as initial users complete the course and are deactivated while maintaining course reporting for all users. The online subscription also includes unlimited access to administrative tools, one headset per license, and technical support. Clearwater officers will be able to access the Rosetta Stone courseware through their mobile laptop computers and will be permitted three hours per week of on-duty time to pursue their language studies. It is estimated that a minimum of 50 officers will be able to complete the Rosetta Stone training during the 12-month grant period. Depending on how quickly some Work Session 2010-02-01 5 officers are able to progress through the course, this number could be even higher. Other than the above-referenced three hours per week of on-duty time, there are no additional costs associated with this project such as additional personnel or cash match. Special Project 181-99260 has been established to account for the grant expenditures. In response to questions, Police Officer Sergio Fidelis said the language course may be accessed from home, cruiser or the station. It will take participants 5 hours a week for 4 months to complete the program. In response to a concern, it was stated that officers are expected to be mindful when accessing the program from the field. Police Chief Sid Klein said officers have a pay incentive to be proficient in Spanish. The project also helps address the down time associated with waiting for a translator. 5. Solid Waste/General Support Services 5.1 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 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 Work Session 2010-02-01 6 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. 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. 6. Engineering 6.1 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) Concerns have been raised over the old railroad turnstile located in Clearwater Harbor west of the Seminole Street Boat Ramp. Engineering solicited proposals from three marine contractors to remove the turnstile: Waterline Construction, Inc. Work Session 2010-02-01 7 of Tampa was the low bidder at $34,500 plus 10% contingency $3,450 for a total of $37,950, Misener Marine at $40,000 and Coastal Construction was non responsive to our request. A first quarter amendment will transfer $37,950 from Gen Fund retained earnings to Capital Improvement Program project 0315-92822, Miscellaneous Engineering. In response to a question, Marine and Aviation Director Bill Morris said staff’s goal is to complete the project by Spring Break. Seeking a grant opportunity now would significantly delay the project. 6.2 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) This contract is a cooperative funding contract with the Southwest Florida Water Management District (SWFWMD) to design and implement the Lake Bellevue Stormwater Management Project recommended by the Stevenson Creek Watershed Management Plan. The City and SWFWMD entered into the original Cooperative Funding agreement for the Stevenson Creek Watershed Management Program: Implementation of Best Management Practices (K394) on April 9, 2002. The agreement was amended on March 9, 2004, and September 22, 2006. The Lake Bellevue Stormwater Management Project is currently under construction and partially funded by this agreement. This Third Amendment extends the contract period to December 31, 2010, allowing the City to use the remaining cooperative funding for the Lake Bellevue Project. 6.3 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) This is a plat of Metes and Bounds parcel 24/02 in Section 16, Township 29 South, Range 16 East. The property is within the city limits of Clearwater consisting of 0.77 acres more or less. The final plat will create 4 townhome lots. Work Session 2010-02-01 8 The proposed project was approved by the Development Review Committee on October 1, 2009 and by the Community Development Board on November 17,2009. The property is zoned as Low Medium Density Residential (LMDR). 6.4 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) These contracts are for engineering design and construction administration services for traffic calming in the Hillcrest and Greenlea-Otten neighborhoods. These traffic calming projects are in response to long-standing resident requests for a solution to speeding vehicles and aggressive driving in these residential neighborhoods. The projects provide traffic calming treatments throughout the neighborhoods and are included in the City’s traffic calming work program. Hillcrest and Greenlea-Otten neighborhoods are ranked 8 and 7, respectively, for traffic calming by number of crashes. The work involves design of conceptual Traffic Calming Plans that were developed by neighborhood residents at a City-sponsored charrette workshop, then field-verified by engineers. The Traffic Calming Plans are supported by petitions signed by the owners of approximately 65% of the parcels in the Hillcrest and Greenlea-Otten neighborhoods. The engineering designs will be based on the neighborhood Traffic Calming Plans developed and approved by consensus of the residents. Work on the Hillcrest design will commence upon award and execution of the Work Order. The design work will be completed in 309 days. The construction engineering services will be completed at the end of construction in approximately 10 additional months. Work on the Greenlea-Otten design will also commence upon award and execution of the Work Order. The design work will be completed in 309 days. The construction engineering services will be completed at the end of construction in approximately 10 additional months. Work Session 2010-02-01 9 Maintenance of the associated signing and pavement marking will be performed by the Traffic Operations Division. Maintenance of the associated landscaping and irrigation will be performed by the Parks and Recreation Department. Greenlea -Otten TC landscaping and irrigation maintenance cost will be $9,000 annually. Hillcrest TC landscaping and irrigation maintenance cost will be $3,600 annually. Sufficient budget and funding is available in Capital Improvement Program (CIP) project 315-92259, Traffic Calming to fund these work orders. In response to questions, Traffic Operations Manager Paul Bertels said estimates include optional funding level. Staff is working with Parks and Recreation to keep landscape maintenance to a minimum. Mr. Bertels said the consultants reviewed plans with departments with impacted vehicles. 6.5 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 appropriate officials to execute same. (consent) The City of Clearwater Public Utilities/Wastewater Collection Department initiated this project to improve conditions on Overlea Street where a force main conveys raw sewerage from Lift Station 4 to Lift Station 23. Repairs have been required on this pressure pipe numerous times over the recent years, and it has been determined that the force main is old and in need of replacement.The project was competitively bid, and BRW Contracting, Inc. was the lowest responsive bidder for a proposed fee of $431,174.81. Construction, Engineering, and Inspection (CEI) services during the construction period will be completed by the City’s Engineering Department, which includes daily on-site construction inspection, engineering assistance with onsite observations and interpretations, review of shop drawings, attending meetings, and providing record drawings. The contract period for construction is 200 consecutive calendar days estimated to start in February 2010 and finish in August 2010. The Public Utilities Department shall own and maintain the proposed improvements included in this contract.Sufficient budget and revenue are available with 2009 Water and Sewer Revenue Bond proceeds in projects 0376- 96665, Sanitary Sewer R and R in the amount of $400,119.50 and 376-96742, Line Relocation Capitalized in the amount of $4,751.56. Also sufficient budget and revenue is available in Capital Improvement Program (CIP) project 0315-96124, Work Session 2010-02-01 10 Storm Pipe System Improvement in the amount of $26,303.75 for a total funding of $431.174.81. 6.6 Approve 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.), as more particularly described in the ordinance, subject to project completion on or before September 30, 2012, and pass Ordinance 8145-10 on first reading. (VAC2009-07 L.O.M., Inc.) The applicant is seeking the vacation of the east 35 feet of South Gulfview Boulevard. If the vacation is approved a parking garage with ancillary restaurant retail use is to be constructed over the vacated right-of-way and the adjoining property. Progress Energy, Bright House Networks, Knology and Verizon have no objections to the vacation request. The applicant will, at their expense, relocate a City water main and a sanitary sewer main presently in the subject right-of-way. An associated Flexible Development case (FLD2009-09032) was approved by the Community Development Board on December 15, 2009. A Development Agreement, (DVA2009-00004), between the City and the developer, L.O.M., Inc., was recommended for approval by the Development Review Committee on November 5, 2009 and is subject to City Council approval in tandem with this vacation request. A condition of approval in the ordinance requires the applicant to complete development of the property on or before September 30, 2012 or the vacation will become null and void. This condition is consistent with the completion date specified in the Development Agreement. The Engineering Department has no objections to the vacation request provided that the vacation is subject to the condition of approval contained in the ordinance. It was stated that the item was part of the LOM Development Agreement and requested it be continued to February 18, 2010. 7. Planning 7.1 Approve a 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 and adopt Resolution 10-01. Work Session 2010-02-01 11 The 0.99 acre parcel is located between S. Gulfview Boulevard and Coronado Drive approximately 200 feet south of Third Street . The main portion of the subject property (311 S. Gulfview Boulevard [including 305, 309 and 315 S. Gulfview Boulevard]) is currently developed with a retail sales use of 7,128 square feet of floor area (Surf Style) and a restaurant of 6,058 square feet of floor area (Britt’s). The other portion of the subject property (320 Coronado Drive) is developed with a detached dwelling . On December 15, 2009, the Community Development Board (CDB) approved with 15 conditions of approval a Flexible Development application to permit Retail Sales and Services of 34,183 square feet of floor area, a Restaurant of 6,887 square feet of floor area and a Parking Garage of 349 parking spaces (including 48 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 301 public parking spaces) (FLD2009-09032). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed five (5) years following the completion date of the project, meets the design guidelines of Beach by Design and includes the following main provisions: Provides for at least 301 parking spaces open to the public, with at least 250 of these spaces available on an hourly basis; Separates the project into a Retail Unit(s) (total of 38,249 square feet of retail/commercial floor area on the ground floor consisting of approximately 31,421 square feet of retail space [does not include the Beach Walk Thru Area], 6,828 square feet of restaurant space and 48 parking spaces on the second floor) and a Parking Unit (301 parking spaces); Includes the formation of a three-unit condominium for the project (one unit for the retail portion, the 48 associated parking spaces and the delivery area, one for the restaurant portion and one for the Parking Unit); Includes provisions for the approval by FEMA of a Flood Zone map change from a VE-Zone to an AE-Zone to allow construction of the Retail Unit on the ground floor of the building through the construction of a wave dissipating wall within the S. Gulfview Boulevard right-of-way; Requires the developer commence construction of the project on or before June 30, 2010; Requires the City review (approval or denial) of the building permit within 30 Work Session 2010-02-01 12 days of submission of the permit; and Authorizes café seating within the S. Gulfview Boulevard right-of-way. The Community Development Board reviewed this Development Agreement application at its public hearing on January 5, 2010 and unanimously recommended approval. Per the conditions of the PUT agreement, the City will establish capital improvement project 315-92649, Surf Style Condominium – Parking Unit in the amount of $9.3 million. Funding will be provided by a first quarter transfer of $6 million from capital project 315-92641, Seashell Parking Lot. The balance of $3.3 million will be transferred from the undesignated retained earnings of the Parking Fund. It was requested the item be continued to February 18, 2010. 7.2 Provide Direction to the Planning Department on findings of hotel design study on Clearwater Beach.(WSO) In October 2009, City Council members raised concerns, about a potential canyon effect that could be seen if high rise hotels are constructed along both the edges of the Coronado Drive and also whether view corridors can be achieved. The City Council requested that the Planning and Development Department prepare a study of the potential hotel development on Clearwater Beach that focuses on design options to determine if design standards should be revised. The results of that study are provided. The specific recommendations from the Planning and Development Department are outlined in detail in the study. Urban Designer Priyanka Thatte reviewed the Beach Hotel Design Study. The study used 2 building options on 4 specific sites and examined how incorporating step backs into the design would impact the number of hotel rooms that may otherwise have been possible to construct. Conclusions from the study show meaningful corridors cannot be created in this area of the beach and that stepbacks will help address concerns regarding a canyon effect. In response to questions, Planning and Development Director Michael Delk said the study was based on assumptions but an architect can design anything to fit criteria. The study did not cost-out assumptions. Discussion ensued. It was suggested that the proposal be vetted by the development community. Work Session 2010-02-01 13 Staff was directed to draft a proposed ordinance. 8. Official Records and Legislative Services 8.1 Appoint two members to the Community Development Board with the term to expire February 28, 2014. Consensus was to re-appoint Thomas Coates. 8.2 Appoint Judith B. Powers as the Pinellas County Arts Council representative and Robert J. Entel as a citizen representative to the Public Art and Design Advisory Board with the terms to expire February 28, 2014. (consent) Consensus was to appoint Judith B. powers and Robert J. Entel. 8.3 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 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. 9. Legal 9.1 Continue second reading of Ordinance 8145-10 regarding VAC2009-07 LOM Inc. to February 18, 2010. 9.2 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. Work Session 2010-02-01 14 The proper agency for regulating such behavior is the Pinellas County Board of County Commissioners. 10. City Manager Verbal Reports - None. 11. Council Discussion Items 11.1 Tourist Development Council funding list of facilities for consideration Economic Development and Housing Director Geri Campos Lopez said the TDC requested the list be limited to bricks and mortar projects that benefit tourism. Staff recommended Ruth Eckerd Hall/Capitol Theater and the Clearwater Marine Aquarium. In response to questions, Ms. Lopez said staff was unable to include specific information for the Capitol Theater due to the short notice. If the Capitol Theater receives funding, Ruth Eckerd Hall wants the funding to go towards its funding portion. Concern was expressed that funds are being taken from the bed tax for bricks and mortar. Councilmember Carlen Petersen read the TDC ordinance and reviewed allowed purposes. 12. Other Council Action - None. 13. Adjourn The meeting was adjourned at 2:55 p.m. 14. Presentation(s) for Council Meeting 14.1 Proclamation: 2-1-1 Tampa Bay Day 14.2 Department of Homeland Security Recognition of Ironman EOC Operations - Rick Carnley The Work Session 2010-02-01 15