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06/17/2010 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER June 17, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. 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. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Pastor Dan Huntington of Pathways Community Church 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given 4.1 Thank you to Census Complete Count Committee 5. Approval of Minutes 5.1 Approve the minutes of the June 3, 2010 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the June 3, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Council 2010-06-17 1 6. Citizens to be Heard re Items Not on the Agenda Steve Sarnoff, Albert Craig, and Anne Garris encouraged use of unrestricted reserve funds to close anticipated budget gap. Tom Simpson requested passage of resolution supporting the re-enactment of the Glass-Steagall Act. Twelve individuals opposed closure of the Beach library and pool. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Continue to July 15, 2010, the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 133 West Grapefruit Circle (Lot 22, Block 3 Virginia Groves Estates in Section 8, Township 29 South, Range 16 East); and pass Ordinances 8174-10, 8175-10 and 8176-10 on first reading.(ANX2010- 03004) Councilmember George N. Cretekos moved to continue Item 7.1 to July 15, 2010. The motion was duly seconded and carried unanimously. 8. Second Readings – Public Hearing 8.1 Adopt Ordinance No. 8159-10 on second reading, amending Section 28.041(3), Code of Ordinances, to exempt solicitors from obtaining liability insurance under specified conditions and to clarify conditions under which solicitations shall be permitted, and amending Section 28.041, to provide for appealing the denial of a permit. Ordinance 8159-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8159-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember Paul Gibson. "Nays": Bill Jonson. Motion carried. Council 2010-06-17 2 8.2 Adopt Ordinance No. 8169-10 on second reading, vacating a 16-foot alley in Bay View City Subdivision subject to a water main easement that is retained over all city-owned water mains on the properties, and a sewer main easement that is located upon Meadow Lark Lane and a portion of Virginia Avenue lying east of Meadow Lark Lane. Ordinance 8169-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8169-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember Paul Gibson, and Bill Jonson. "Nays": None. 9. Consent Agenda 9.1 Approve Specific Performance Agreement between Pinellas County and the City of Clearwater to allow for allocation of funds to support the Neighborhood Stabilization Program 2 (NSP2) activities within HUD designated areas in the City of Clearwater and authorize the appropriate officials to execute same. (consent) 9.2 See below. 9.3 Approve the Tampa Bay Regional Domestic Security Task Force (RDSTF) Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding (2010-2012)and authorize the appropriate officials to execute same. (consent) 9.4 Approve an agreement between the City of Clearwater Police Department and the Florida Department of Transportation (DOT) to perform educational activities and enforcement of pedestrian regulations at locations on or near state routes identified as having a high frequency of pedestrian-related crashes. (consent) 9.5 Award a contract to Custom Built Marine Construction, Inc. of Stuart Florida, to construct a new boat ramp at the east end of Bay Esplanade Drive on Clearwater Beach, in the amount of $156,495.90, which is the lowest responsible bid in accordance with plans and specifications, increase project budget by $565,699 for grant funding, and authorize the appropriate officials to execute same. (consent) 9.6 Accept a 25-foot Drainage and Utility Easement over, under, across and through a portion of the Northeast 1/4 of Section 18, Township 29 South, Range 16 East, as conveyed by the Board of Trustees of St. Petersburg College, in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 9.7 Award a contract for the Tropic Hills Stormwater Outfall Project Phase I (99-0018- EN) to Sunshine Pipe Corp. of Safety Harbor, Florida, for the sum of $1,893,512.50, which is the lowest responsible bid received in accordance with Council 2010-06-17 3 the plans and specifications; authorize establishment of project 315-96174, Tropic Hills Phase One and authorize the appropriate officials to execute same. (consent) 9.8 Award a contract for professional planning services pursuant to Clearwater RFP 12-10, Strategies and Actions to increase Energy Efficiency, to Renaissance Planning Group of Tampa, Florida, approve initiation of the work described in the Scope of Services for a lump sum fee of $214,605, and authorize the appropriate officials to execute same. (consent) Councilmember George N. Cretekos moved to approve the Consent Agenda as submitted, less Item 9.2, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 9.2 Approve a standard Agreement Form to be used for various Outside Instructors for wellness initiatives and authorize the City Manager and/or his designee to execute such agreements. (consent) The Human Resources Department has been authorized in the current budget year the amount of $75,000 to be used toward wellness activities. In addition, the City’s medical insurance carrier for the past three years has committed additional funds to be used for wellness purposes. In the current budget year, CIGNA has committed $50,000 for such use. The City in the past has contracted with various individual instructors for a number of wellness activities. Previously, various service contracts or user agreements have been utilized to codify the contractual relationship. The City has developed a standard user agreement form to be used with all individual contractors for such purpose. The agreement clarifies the roles of the City and the contractor and provides for documentation of appropriate licensing, certifications, payment terms, scheduling, use and care of City facilities, and other administrative requirements. Staff is requesting that the Council authorize the City Manager or his designee to enter into these agreements not to exceed the total amount of City budgeted funds or medical insurance carrier committed funds to be used solely for the purpose of promoting the wellness of employees. Councilmember George N. Cretekos expressed concern with lack of employee participation in wellness programs. One individual said reduced staffing in many departments makes it difficult for some employees to participate. One individual supported the upcoming employee health center. Council 2010-06-17 4 Vice Mayor John Doran moved to approve a standard Agreement Form to be used for various Outside Instructors for wellness initiatives and authorize the City Manager and/or his designee to execute such agreements. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Amend the City’s fiscal year 2009/2010 Operating and Capital Improvement Budgets at mid year and pass Ordinances 8187-10 and 8188-10 on first reading. The fiscal year 2009/2010 Operating and Capital Improvement Budgets were adopted in September 2009 by Ordinances 8100-09 and 8101-09. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outline the issues at mid year that require amendment. Councilmember George N. Cretekos moved to amend the City’s fiscal year 2009/2010 Operating and Capital Improvement Budgets at mid year. The motion was duly seconded and carried unanimously. Ordinance 8187-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8187-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8188-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8188-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-06-17 5 10.2 Amend Code of Ordinances Article VI, Division 2, Fiscal Management Procedure to reflect current terminology in state law and city charter and pass Ordinance 8185-10 on first reading. City of Clearwater Code of Ordinances Article VI, Division 2, describes various fiscal management procedures to be followed by the City. Several revisions are required based upon changes in state law, charter changes, position title changes, and technology changes. The changes are identified below: Throughout Division 2 Commission has been changed to council to conform to current charter language. Grammatical/spelling changes. Section 2.511 State law has changed regarding which financial institutions may be used by the City and the requirements of such financial institutions. Florida Statues Chapter 280 defines qualified public depository and this section has been changed to refer to State law. The accounting standards have changed and the City must now comply with publications issued by the Governmental Accounting Standards Board and the Financial Accounting Standards Board. Section 2.512 Deputy finance director has been changed to Assistant Finance Director to conform to the City’s position titles. Section 2.515 Intergovernmental service fund has been changed to internal service fund to comply with current accounting language. Section 2.517 Changes were made to tie City Council action on budgets to statutory requirements. Also included a requirement to post details on the City’s website as opposed to the current requirement to publish in a newspaper. Section 2.521 Changes were made to match the ordinance to current practice. Due to technology, controls in the financial system make sure that no payments or obligations are incurred unless there are sufficient funds. It would not be practical to have the City Manager certify all payments. Council 2010-06-17 6 Section 2.522 Changes were made to remove the requirement of public referendum on certain bonds. This requirement was also in the Charter and was removed from the Charter via public referendum. Section 2.526 Changes were made to the requirement for manually signed checks which would typically only be used in an emergency. The requirement has been changed to require the city manager and the finance director or their designated alternates. Section 2.538 Dishonored check service fees have been changed to refer to Florida Statutes Chapter 68 rather than a specific amount so that the fees will change when the fees in the statute changes. Vice Mayor John Doran moved to amend Code of Ordinances Article VI, Division 2, Fiscal Management Procedure to reflect current terminology in state law and city charter. The motion was duly seconded and carried unanimously. Ordinance 8185-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8185-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10.3 Approve a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for runway repairs at the Clearwater Airpark and adopt Resolution 10-16 and authorize the appropriate officials to execute same. The FDOT has agreed to provide 80% maximum reimbursable funding for the overlay, marking, and repair of the runways at the Clearwater Airpark in the amount of $100,000.00, of the total project cost of $125,000.00. The City portion of $25,000.00 will be provided with an allocation of $25,000 of Airpark reserves to capital project 315-94863, Airpark Runway Repairs, as a third quarter budget amendment. Upon execution of the JPA, capital project 315-94863-542 will be established, Airpark Runway Repairs in the amount of the $125,000.00. Council 2010-06-17 7 Councilmember Paul Gibson moved to approve a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for runway repairs at the Clearwater Airpark. The motion was duly seconded and carried unanimously. Resolution 10-16 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 10-16. The motion was duly seconded and upon roll call the vote was: "Ayes"; Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10.4 Support Get Ready Tampa Bay, sponsored by Tampa Bay Regional Planning Council, to encourage the early release and integration of plug-in electric vehicles, adopt Resolution 10-15, and authorize the appropriate officials to execute same. Get Ready Tampa Bay is focusing on identifying the barriers associated with the plug-in electric vehicles and providing a forum to interact with all partners and technical advisers to propose solutions for a smooth transition. Adoption of this resolution will commit to working with all parties included in the group to promote electric transportation through public and media outlets, promote the installation of charging stations, standardize local codes, support electric vehicle research efforts, educate electricians and building inspectors to expedite the permitting process and provide one representative from the City that will be a member of the Get Ready Tampa Bay Technical Advisory Group. Vice Mayor John Doran moved to support Get Ready Tampa Bay, sponsored by Tampa Bay Regional Planning Council, to encourage the early release and integration of plug- in electric vehicles. The motion was duly seconded and carried unanimously. Resolution 10-15 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Resolution 10-15. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-06-17 8 The Council recessed from 7:14 p.m. to 7:21 p.m. 10.5 Review Police Staff’s proposed budget reductions for the Police Department. On May 20, 2010 the Council approved a motion to direct the City Manager to sit down with Police staff, and police bargaining units along with CWA. After discussion with Unions, the Police Department will report back to City Council within 30 days with recommendations on savings. Proposed Budget Reductions to be discussed include: Historical Reductions FY 2009 – Elimination of 4 FTE’s, Overtime Budget Reduction $500,000 Historical Reductions FY 2010 – Elimination of 16 FTE’s Department Wide Reductions FY 2011 – Elimination of 26.9 FTE’s Office of the Chief – Reduction of 1 FTE Criminal Investigations – Reductions of 3 FTE’s Patrol Division – Reduction of 10.4 FTE’s Support Services – Reduction of 12.5 FTE’s Current Span of Control Criminal Investigations – Sergeant/Detective Ratio Patrol Division – Sergeant/Officer Ratio Special Operations - Sergeant/Officer Ratio Potential Budget Reductions FY2011 – 2012 Property and Evidence Intake Savings Crime Scene Cost Reductions Other Cost Savings Opportunities Police Chief Anthony Holloway provided a power point presentation. In response to questions, Chief Holloway said the department proposes to eliminate the take home vehicles by not purchasing 12 vehicles, requiring volunteers to share vehicles. The number of sworn officers cannot be lowered without impacting service. In response to questions, Senior Accountant Karen Dombrowski said the vehicle reduction represents a $204,000 savings. Police Major Mark Teunis said adopting the 5-day shift proposed by Matrix would require eliminating officer positions and shift overlap time. The overlap time is used to maintain supervisor continuity in between Council 2010-06-17 9 shifts. Concern was expressed that the proposed budget reductions will impact the department's proactive time. In response to questions, Solid Waste/General Services Assistant Director Rick Carnley said the County's Communications Center operates on Motorola and is incompatible with the city's Ma-Com system. If the communications center is outsourced to Pinellas County, the city would: 1) purchase Motorola radios for each officer for $2.5 million or 2) become P25 compliant to allow both systems to interface for $2.2 million. Mr. Carnley said the Department of Homeland Security anticipates requiring P25 compliance within the next 5 years. Grant funding opportunity for P25 implementation is expected to occur next year. It was requested that staff provide cost savings information if the city's communications center is outsourced to the county. In response to questions, Pinellas County Sheriff Jim Coats said the city requested a proposal that mirrored the city's police department. Sheriff Coats said a consolidated communications center is possible. The county's communications center does have capacity for additional staff. The county will begin P25 compliance efforts in the Fall. Information regarding fleet maintenance will be provided to city staff in the coming days. Sheriff Coats expressed no concerns with the 1-second delay associated with the P25 system. One individual opposed contracting law enforcement services to Pinellas County. Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Direction regarding extending sales of alcoholic beverages to 3 a.m. There was no consensus to extend sales of alcoholic beverages to 3:00 a.m. County Charter Review Committee Mayor Frank Hibbard expressed concerns with the committee’s recommendation to eliminate the dual vote. Council 2010-06-17 10 Consensus was to draft a letter requesting the County Charter Review Committee to table issue. 12. Closing Comments by the Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 13. Adjourn The meeting was adjourned at 8:44 p.m. z Mayor City of Clearwater Attest #-1) City Clerk i ryE ? o. Council 2010-06-17 11