07/15/2010
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
July 15, 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 James Lancaster of Calvary Baptist Church
3. Pledge of Allegiance
4. Presentations - Given
4.1 Service Awards
Two service awards were presented to city employees.
4.2 Presentation to Representative Hooper - Rebecca O’Hara, Florida League of
Cities Legislative Director.
Florida League of Cities Legislative Director Rebecca O’Hara presented Representative
Ed Hooper with the Florida League of Cities Legislative Appreciation Award for his
consistent support of municipal home rule in the 2010 legislative session.
4.3 End of Session Report by Pete Dunbar and Martha Edenfield
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Pete Dunbar reported on the results of the 2010 State Legislative Session, including the
passage of Clearwater's local bill. He said 2011 will be a very difficult year regarding
the State budget. Local government revenue caps, also known as Tax Payers Bill of
Rights, will be front and center next year but what form it will take is unknown. Local
government retirement plans, pending ordinance doctrine and hidden liens are also
possible issues for the 2011 session.
4.4 New Orleans Presentation - Mayor Hibbard
Mayor Frank Hibbard reviewed findings during his visit to New Orleans and expressed
concerns regarding impact the oil spill has had on local tourism.
4.5 Official Patent Presentation
This U.S. Patent number 7733242 was created by the Traffic Operations Division
and is being presented to the City so that potential revenue can be achieved
through development of this technology. The patent is titled “System, Method and
Apparatus for Manual Control of a Traffic Light.” This device will enable police
officers to manually override a traffic signal and control it by remote control
enabling the officer to stay secure in their police cruisers for up to a quarter of a
mile away. It will also enable the officer to control multiple signals with one device
for special events, accidents and other traffic related activities without being
exposed to the weather or potentially hazardous conditions. Paul Bertels and
Himanshu Patni are the inventors.
5. Approval of Minutes
5.1 Approve the minutes of the June 17, 2010 City Council Meeting as submitted in
written summation by the City Clerk.
Vice Mayor John Doran moved to approve the minutes of the June 17, 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
Steve Sarnoff said the CWA ratification vote regarding the wage re-opener failed.
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Geri Raymond said Clearwaterbeach.com has received numerous calls from potential
visitors regarding oil spill impact on Clearwater Beach.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the City of Clearwater’s Fiscal Year 2010-11 Consolidated Action Plan,
to carry forward the goals and objectives set forth in the Plan, as required by
HUD, and authorize the City to enter into agreements with organizations
contained in the FY2010-11 Consolidated Action Plan and authorize the
appropriate officials to execute same.
The U.S. Department of Housing and Urban Development (HUD) requires
communities that receive entitlement (CDBG and HOME) funding to prepare a
comprehensive five (5) year Consolidated Planning document that evaluates the
needs of the community and sets forth strategies to address those needs. The
City’s FY 2005-2010 Consolidated Plan was approved by Council in July 2005. As
HUD is making improvements to the Consolidated Plan process, the City has
been given a one-year extension to complete the FY2010-2015 Consolidated
Plan. In addition, the City is required to create and implement an annual
statement identifying the sources and uses of federal money for housing,
community and economic development. This annual plan, referred to as a
Consolidated Action Plan, provides HUD with the City’s housing, community and
economic development budget and proposed expenditures based on the
entitlement funds and estimated program income that the City will receive in the
upcoming fiscal year.
Funds are to be used to develop viable communities and sustain existing ones. In
addition, the funds will be used to provide safe, decent and affordable housing to
assist extremely low to moderate-income households. This year’s Action Plan
allocates federal funds to provide housing opportunities to extremely low to
moderate-income households for new and existing homes, construction and/or
renovation of public facilities, and to fund public services programs.
In FY 2010-2011, the City is estimated to receive federal funds in the amount of
$1,004,937 through the Community Development Block Grant (CDBG) and
$565,055 through the HOME Investment Partnership Program. The total FY 2010-
11 allocation budget is $1,569,992. Funds provided through the HOME Program
are limited to housing related activities and administration. Funds provided
through the CDBG Program may be used for housing, community and economic
development, public services and facilities, acquisition, relocation, demolition, and
administration. Additional funding for the FY 2010-2011 budget will come from
estimated program income funds and un-programmed prior year CDBG, HOME,
SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs,
recaptured funds, etc).
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The city partners with several not for profit agencies to implement the goals and
objectives the city had established in the Consolidated Planning Document. To
obtain these partners, the city annually publishes a Notice of Funding Availability
in the local newspaper and on its website in February. This notice informs the
non-profits of the resources the city will make available and the eligible uses of
these resources. It also informs them of the application period for requesting
funds. The applications were due in April. The City received a total of 32
applications for funding requests.
A Technical Review Committee (TRC) comprised of professionals in the social
service and grants community and two members of the City’s Neighborhood and
Affordable Housing Advisory Board (NAHAB) reviewed the applications, scored
them and set forth a strategy to maximize the number of applicants that will
receive a portion of allocated funds. Applicants were given an opportunity to
present at the monthly NAHAB meeting regarding their programs. City staff also
reviewed each application to ensure it met HUD’s baseline requirements. The
NAHAB met on June 8, 2010 to approve the recommended allocations contained
in the FY10-11 Consolidated Action Plan.
Each year, the City may allocate up to 15% of its CDBG allocation for Public
Services organizations. The City may also provide funds for operating expenses
to subrecipients who qualify as a Community Based Development Organization.
The City received requests for Public Services funding in the amount of $575,779.
The NAHAB has endorsed a sliding scale funding system for Public Services
applicants that allows the top two scorers to receive 60% of their request; the
second two receive 50% of their request, and others receive 40% of their request
until all of the allowable funds are allocated. The maximum allocation per agency
is $30,000. This method allows a majority of the Public Services applicants to
receive funding.
The Consolidated Action Plan is due to HUD on August 15, 2010.
All organizations that will be receiving an allocation will have agreements
prepared and executed by October 1, 2010.
Councilmember Paul Gibson moved to approve the City of Clearwater’s Fiscal Year
2010-11 Consolidated Action Plan, to carry forward the goals and objectives set forth in
the Plan, as required by HUD, and authorize the City to enter into agreements with
organizations contained in the FY2010-11 Consolidated Action Plan and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
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7.2 Declare as surplus certain portions of land titled by the State of Florida,
Department of Transportation (FDOT),as State Road 590, Section 15050-XXXX,
Parcel 101.01 Part "A" and Part "B" lying and being situate in the Northwest 1/4
and the Northeast 1/4 of Section 8, Township 29 South, Range 16 East, find
FDOT’s application to transfer all City rights, title and interest therein to be a valid
public purpose, authorize conveyance thereof to FDOT by City Deed, establish an
effective date, adopt Resolution 10-13 and authorize appropriate officials to
execute same.
The State of Florida, Department of Transportation (FDOT) is developing plans
and specifications to reconstruct and improve portions of SR 590 from west of
Cardinal Drive to west of Lawrence Drive.
The project will involve resurfacing, restoring and rehabilitating existing pavement,
and the construction and maintenance of sidewalk and minor drainage facilities
within project limits.
On February 9, 1971, as recorded in O. R. 3504, Page 654, public records of
Pinellas County, Imperial Homes Corporation executed a Warranty Deed
conveying to the City a 60-foot wide strip of land in the Northeast 1/4 of Section 8,
Township 29 South, Range 16 East for right-of-way purposes. FDOT identifies
this parcel as Parcel 101.01, Part A.
In a later transaction dated October 13, 1980, U. S. Homes Corporation executed
a Warranty Deed as recorded in O. R. 5111, Page 1198, public records of Pinellas
County, conveying a small parcel of additional land in the Northwest 1/4 of
Section 8, Township 29 South, Range 16 East as additional right-of-way for SR
590. FDOT identifies this parcel as Parcel 101.01, Part B.
As Highway 590 is a state road operated and maintained by the State of Florida,
conveyance of City interests in and to the subject parcels which form a portion of
the existing roadway clarifies FDOT title and authority, and eliminates future City
responsibility and liability within the project corridor.
Councilmember Bill Jonson moved to Declare as surplus certain portions of land titled
by the State of Florida, Department of Transportation (FDOT),as State Road 590,
Section 15050-XXXX, Parcel 101.01 Part "A" and Part "B" lying and being situate in the
Northwest 1/4 and the Northeast 1/4 of Section 8, Township 29 South, Range 16 East,
find FDOT’s application to transfer all City rights, title and interest therein to be a valid
public purpose, authorize conveyance thereof to FDOT by City Deed, establish an
effective date. The motion was duly seconded and carried unanimously.
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Resolution 10-13 was presented and read by title only. Vice Mayor John Doran moved
to adopt Resolution 10-13. 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.
7.3 Approve 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)
This voluntary annexation petition involves a 0.19-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the south side
of West Grapefruit Circle, approximately 100 feet east of Calamondin Lane. The
applicant is requesting this annexation in order to receive sanitary sewer service
from the City. The property is located within an enclave and is contiguous to
existing City boundaries to the south. It is proposed that the property be assigned
a Future Land Use Plan designation of Residential Low (RL)
and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from Pinellas County. The closest
sanitary sewer line is located in the Calamondin Lane right-of-way and the
applicant has paid the City’s sewer impact fee. In coordination with the City’s
Engineering Department, at a future date, the sanitary sewer line will be extended
to the adjacent West Grapefruit Circle right-of-way and the assessment fee will be
paid. The owner is aware of the additional costs to extend City sewer service to
this property. Collection of solid waste will be provided by the City of Clearwater.
The property is located within Police District III and service will be administered
through the district headquarters located at 2851 N. McMullen Booth Road. Fire
and emergency medical services will be provided to this property by Station 49
located at 565 Sky Harbor Drive. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
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urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in the District
and the property exceeds the District’s minimum dimensional requirements. The
proposed annexation is therefore consistent with the Countywide Plan, City’s
Comprehensive Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the south; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
It was suggested that staff confirm roll-off container and vehicle parked on grass have
been removed.
Vice Mayor John Doran moved to approve 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). The motion
was duly seconded and carried unanimously.
Ordinance 8174-10 was presented and read by title only. Councilmember George N.
Cretekos moved to pass Ordinance 8174-10 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 2010-07-15 7
Ordinance 8175-10 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8175-10 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 8176-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8176-10 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.
7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1711 Lakeview Road (Lot 6, Lakeview Vista in Section 23,
Township 29 South, Range 15 East); and pass Ordinances 8178-10, 8179-10 and
8180-10 on first reading.(ANX2010-04005)
This voluntary annexation petition involves a 0.21-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the south side
of Lakeview Road and the east side of Laurel Drive. The applicant is requesting
this annexation in order to receive sanitary sewer and solid waste service from the
City. The Planning and Development Department is requesting that the 0.49-acres
of abutting Lakeview Road and Laurel Drive rights-of-way not currently within the
City limits also be annexed. The property is contiguous to existing City boundaries
to the north. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Medium
Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City. The closest sanitary
sewer line is located in the adjacent Lakeview Road right-of-way. The applicant
has paid the City’s sewer impact and assessment fees and is aware of the
additional costs to extend City sewer service to this property. Collection of solid
Council 2010-07-15 8
waste will be provided by the City of Clearwater. The property is located within
Police District II and service will be administered through the district headquarters
located at 645 Pierce Street. Fire and emergency medical services will be
provided to this property by Station 47 located at 1460 Lakeview Road. The City
has adequate capacity to serve this property with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
Vice Mayor John Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1711 Lakeview Road (Lot 6, Lakeview Vista in
Section 23, Township 29 South, Range 15 East). The motion was duly seconded and
carried unanimously.
Council 2010-07-15 9
Ordinance 8178-10 was presented and read by title only. Councilmember George N.
Cretekos moved to pass Ordinance 8178-10 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Absent: Mayor Frank Hibbard.
Ordinance 8179-10 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8179-10 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Absent: Mayor Frank Hibbard.
Ordinance 8180-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8180-10 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.
7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1845 Audubon Street (Lot 16, Gracemoor Subdivision in
Section 13, Township 29 South, Range 15 East); and pass Ordinances 8182-10,
8183-10 and 8184-10 on first reading. (ANX2010-05001)
This voluntary annexation petition involves a 0.255-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
southwest corner of the intersection of Audubon Street and Regent Avenue,
approximately 300 feet south of Druid Road. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the
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City. The property is located within an enclave and is contiguous to existing City
boundaries to the north, east, and west. It is proposed that the property be
assigned a Future Land Use Plan designation of Residential Urban (RL) and a
zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from the City. The closest sanitary
sewer line is located in the adjacent Regent Avenue right-of-way. The applicant
has paid the City’s sewer impact and assessment fees and is aware of the
additional costs to extend City sewer service to this property. Collection of solid
waste will be provided by the City of Clearwater. The property is located within
Police District II and service will be administered through the district headquarters
located at 645 Pierce Street. Fire and emergency medical services will be
provided to this property by Station 47 located at 1460 Lakeview Rd. The City has
adequate capacity to serve this property with sanitary sewer, solid waste, police,
fire and EMS service. The proposed annexation will not have an adverse effect on
public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City’s Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, east and west; therefore the annexation is consistent with Florida
Council 2010-07-15 11
Statutes Chapter 171.044.
Staff was directed to track the comprehensive plan amendments that would be subject
to referendum if Amendment 4 passes.
Vice Mayor John Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1845 Audubon Street (Lot 16, Gracemoor
Subdivision in Section 13, Township 29 South, Range 15 East). The motion was duly
seconded and carried unanimously.
Ordinance 8182-10 was presented and read by title only. Councilmember George N.
Cretekos moved to pass Ordinance 8182-10 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 8183-10 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8183-10 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 8184-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8184-10 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 2010-07-15 12
8. Second Readings – Public Hearing
8.1 Adopt Ordinance No. 8185-10on second reading, amending Code of Ordinances
Article VI, Division 2, Fiscal Management Procedure.
Ordinance 8185-10 was presented and read by title only. Vice Mayor John Doran
moved to adopt Ordinance 8185-10 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 George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
8.2 Adopt Ordinance No. 8187-10 on second reading, amending the Operating
Budget for the Fiscal Year ending September 30, 2010 to reflect increases and
decreases in revenues and expenditures for the General Fund, Special
Development Fund, Special Program Fund, Solid Waste Fund, Recycling Fund,
Gas Fund, Marine Fund, Airpark Fund, Downtown Boat Slips Fund, Parking Fund,
Harborview Fund, Administrative services Fund, Garage Fund, and Central
Insurance Fund.
Ordinance 8187-10 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Ordinance 8187-10 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 George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
8.3 Adopt Ordinance No. 8188-10 on second reading, amending the Capital
Improvement Budget for the Fiscal Year ending September 30, 2010, to reflect a
net decrease of $5,584,709.
Council 2010-07-15 13
Ordinance 8188-10 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8188-10 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 George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
City Manager Reports
9. Consent Agenda
9.1 Approve an Interlocal Agreement between the City of Clearwater and the Cities of
Largo and St. Petersburg, and Pinellas County to establish a new consortium to
update and expand the Analysis of Impediments to Fair Housing Choice,
Clearwater’s share not to exceed $5,000, and authorize the appropriate officials to
execute same. (consent)
9.2 Authorize the release of a Request for Proposals for Tourism Marketing Services
for the City of Clearwater for FY10-11. (consent)
9.3 Appoint Dan Carpenter as a Trustee of the Clearwater Firefighters Supplemental
Trust Fund with the term expiring on June 30, 2014, in accordance with Sec.
175.061 of the Florida State Statutes. (consent)
9.4 Declare list of vehicles and equipment surplus to the needs of the City and
authorize disposal through sale to the highest bidder at the Tampa Machinery
Auction, Tampa, Florida, and authorize appropriate officials to execute same.
(consent)
9.5 Approve $100,000 settlement of the liability claim of Aviation Engineering
Consultants, Inc. and authorize the appropriate officials to execute same.
(consent)
9.6 Approve the transfer of $2.1 million dollars from unrestricted net assets (reserves)
in the below listed funds to Special Revenue Project 181-99874 to cover the costs
of the retirement incentive packages. (consent)
9.7 Award a contract (Purchase Order) to Ancom Systems, Tampa, FL for upgrade
services (hardware and software) to the City’s Nortel phone switches at various
locations at a cost not to exceed $314,198 in accordance with Sec. 2.564 (1)(d),
Code of Ordinances, under State Contract 730-000-09-1, and authorize lease
purchase financing through Bancorp Bank d/b/a Mears Motor Leasing,Orlando, FL
and authorize the appropriate officials to execute same. (consent)
9.8 Amend the operating budget for the Harborview Center from $168,080 to
$250,204 to fund additional expenses related to closing the facility and for future
maintenance needs of the building; funding to come from proceeds of the sale of
furniture and furnishings of the Harborview Center. (consent)
Council 2010-07-15 14
9.9 Approve submission of Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the
amount of $87,366. (consent)
9.10 Amend leases of real property located at 701 North Missouri Avenue, commenced
July 21, 2003, and 918 Palmetto Street, dated February 1, 2006, to Head Start
Child Development and Family Services, Inc., for the purpose of establishing
respective federal interest therein, and authorize appropriate officials to execute
same. (consent)
9.11 Grant and convey to Florida Power Corporation, doing business as Progress
Energy Florida, Inc., a Florida corporation ("Grantee"), a 10-foot wide temporary
Distribution Easement defined as lying 5-feet each side of Grantee’s facilities to
be installed at mutually agreeable locations over, across and through Lot 3
through 15, Stevenson’s Creek Subdivision, and authorize the appropriate officials
to execute same. (consent)
9.12 Ratify and confirm Change Order 2 to Castco Construction, Inc. of Largo, FL for
the 2009 Bridge Rehabilitation Project (09-0050-EN), increasing the contract
amount by $25,419.23, for a new contract total of $207,401.98. (consent)
9.13 Accept a 5 foot Reclaimed Water Main and Utilities Easement over, under and
across the West 5 feet of Lot 11, Renaissance Oaks, as conveyed by Eric Beck
and Leah B. Beck, in consideration of receipt of $10.00 and the benefits to be
derived therefrom. (consent)
9.14 Appoint Councilmember Jonson as a voting delegate to the Florida League of
Cities Annual Conference, August 19-21, 2010. (consent)
9.15 Authorize civil action on behalf of the City against Nicholas J. Komarnitzky to seek
to recover costs and expenses to repair a City owned sign, which sustained
damage due to a traffic accident caused by Mr. Komarnitzky. (consent)
Councilmember George N. Cretekos 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.
10. Other Items on City Manager Reports
10.1 Amend Chapter 32, Code of Ordinances, relating to residential reclaimed water
service outside city limits within an incorporated area and location of reclaimed
water service lines and pass Ordinance 8199-10 on first reading.
The reclaimed water program is essential in attaining the goals of Clearwater’s
Integrated Water Management Strategy. Reclaimed water provides an alternate
source to potable water for irrigation purposes. Using reclaimed for irrigation also
alleviates the impact of treated wastewater disposal to Tampa Bay and
Stevenson’s Creek, and will assist the City in meeting future regulatory
compliances.
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Clearwater has currently extended a reclaimed water line outside City limits to the
Belleair Country Club. The line runs past Willadel Drive in Belleair. User residents
along Willadel Drive have requested to tap into the reclaimed water main for their
irrigation needs. Public Utilities staff has researched the feasibility, and can
favorably accommodate these residents.
The Town of Belleair has an agreement with Pinellas County to treat the town’s
wastewater and provide gallon for gallon reclaimed water to Belleair. Belleair then
provides the reclaimed water to two golf courses. Belleair Country Club requested
reclaimed water from Clearwater because not enough reclaimed water is being
provided by Belleair. Reclaimed water is not available to residents of the town,
including those along Willadel Drive.
Clearwater has an adequate supply of reclaimed water to meet all needs in the
City. Only two City-initiated reclaimed water projects remain in Clearwater.
Citizen-initiated projects will provide line extensions of existing projects. Additional
users of reclaimed water for irrigation will reduce the discharge of treated effluent
to surface water bodies.
Willadel Drive homeowners:
1) will share the construction costs for the extension of reclaimed water services;
2) will pay the availability charge as well as customer charges that apply to
residential service outside the city limits of Clearwater;
3) are aware of the additional charge; and
4) are excited to be receiving reclaimed water service.
No availability exemptions will be provided.
Another amendment, altering the proximity of underground reclaimed lines to
potable water and wastewater lines changes from five (5) to three (3) feet, brings
Clearwater code into alignment with State law. The service line to meter box
proximity will remain at three (3) feet.
This Ordinance shall take effect immediately upon adoption.
In response to a question, Public Utilities Director Tracy Mercer said the homeowners
will be paying the cost of construction of the extension.
Councilmember George N. Cretekos moved to amend Chapter 32, Code of Ordinances,
relating to residential reclaimed water service outside city limits within an incorporated
area and location of reclaimed water service lines. The motion was duly seconded and
carried unanimously.
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Ordinance 8199-10 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8199-10 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.
10.2 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2010/11 and set public
hearing dates on the budget for September 9, 2010 and September 22 or 23,
2010, to be held no earlier than 6:00 p.m.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing and
adopting the budget. This information must be provided to the Pinellas County
Property Appraiser and Tax Collector by August 4, 2010. This City’s proposed
millage rate and public hearing dates will be included on the TRIM notices mailed
to taxpayers in August. This tentative rate cannot be increased without first-class
mailing to each taxpayer at the expense of the City of Clearwater, not less than 10
days and not more than 15 days before the final public hearing.
The City Manager’s recommended millage rate is 5.1550 mills. The rate is
10.52% less than the rolled-back rate of 5.7610 mills. The rolled-back rate is the
millage rate that will provide the City with the same property tax revenue as was
levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the
City’s ordinance adopting the millage rate will reflect a 10.52% decrease from the
rolled-back rate of 5.7610 mills.
Historical millage rates and ad-valorem proceeds are available, as well as
comparisons for estimated receipts under the proposed millage rate of 5.1550
mills, a 3% millage rate increase, and the rolled back millage rate on the
attachment to this agenda item.
The proposed millage rate as well as other TRIM millage rates that will be noted
on the 2010 TRIM compliance forms are as follows:
5.1550 mills - Proposed millage rate
5.7610 mills - Rolled back millage rate
6.8847 mills - Maximum majority vote rate
7.5732 mills - Maximum two-thirds vote rate
Budget Director Tina Wilson provided a power point presentation.
In response to questions, City Auditor Robin Gomez said the city's utility tax is not the
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highest in Pinellas County. All municipalities levy some public service tax and franchise
fees. Government entities and schools are exempt from public service taxes.
One individual spoke in support. One individual supported increasing the millage rate.
One individual expressed concerns with the city's Pension Fund.
Finance Director Margie Simmons said the State of Florida sets minimums for public
safety pension plans. The city uses a mixture of investments to stabilize the fund.
One individual suggested consolidating public safety services with Pinellas County for
cost savings.
Discussion ensued with concerns expressed regarding long-term sustainability and
impact to maintain city services.
Councilmember Bill Jonson moved to adopt a tentative millage rate of 5.1550 mills for
fiscal year 2010/11 and set public hearing dates on the budget for September 9, 2010
and September 22, 2010, to be held no earlier than 6:00 p.m. The motion was duly
seconded and carried unanimously.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Update on Repairs to Reclaimed Water Lines
Engineering Director Mike Quillen said the boat slip contractor hit a reclaimed water line
on Friday. The contractor has been responsive and planned temporary patch repair.
Instead, staff has asked the contractor to submit plans for a permanent repair.
The Council recessed from 8:13 p.m. to 8:20 p.m.
12. Other Council Action
12.1 Sea Oat Planting
Parks and Recreation Landscape Manager Brian Murphree provided a power point
presentation and reviewed the sand management operation. The raking and cleaning
operation occurs 7 days a week. Staff has identified 4 strategic areas on Beach Walk to
deflect sand movement and protect existing structures by planting sea oats. Mr.
Murphree said the assertive sand maintenance plan will control the growth of the dunes
horizontally and vertically.
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In response to questions, Parks and Recreation Director Kevin Dunbar said the original
design for Beach Walk has structures further out to protect the access points but the
Department of Environmental Protection would not permit. The daily raking of sand
around the dune plantings will not allow the dunes to spread. The maximum height is
expected to be 5.5 feet. Snow fences are a permitted activity used to create a dune and
must remain in place year-round.
Six individuals spoke in opposition and one in support.
Discussion ensued with concerns expressed regarding unintended consequences if sea
oats are planted.
Vice Mayor John Doran moved to give guidance to staff to proceed with sea oat planting
in areas 1 through 4 and 9, and to give away the remaining sea oats. The motion was
duly seconded. Upon the vote being taken:
"Ayes": Vice Mayor John Doran and Councilmember George N. Cretekos.
"Nays": Mayor Frank Hibbard, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Motion failed.
Councilmember Paul Gibson moved to entertain the same guidance at the next meeting
and to direct staff to provide additional information on hardscape solution, feedback
from the Environmental Advisory Board. The motion was duly seconded. Upon the
vote being taken:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember Paul Gibson,
and Councilmember Bill Jonson.
"Nays": Councilmember George N. Cretekos.
Motion carried.
12.2 CERT Group - Councilmember Jonson
Councilmember Bill Jonson questioned if program was still active.
Fire Chief Jamie Geer said the CERT Group was discontinued because the training
requirements exceeded what current staff could manage. Asked those still active to
report storm impacts in their neighborhoods. Chief Geer said the county should adopt a
model for municipalities to follow.
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12.3 Citizen Adviso Board Periodic Reports - Councilmember Jonson
Councilmember Bill Jonson questioned if city advisory boards provide periodic reports
to council.
Discussion ensued with comments that advisory boards report and provide feedback
when needed. Concern was expressed with mandating a report.
Staff was directed to anticipate topics of interest with appropriate advisory boards
before issues are brought to Council.
12.4 FLC Legislative Policy Committees - Councilmember Jonson
Consensus was for Councilmember Bill Jonson to apply for the committee of his choice.
13. Closing Comments by-Mayor
Mayor Frank Hibbard reviewed recent and upcoming events, encouraged all to vote for
Clearwater as the Best Tennis Town, and offered condolences to the Steinbrenner
Family.
14. Adjourn
The meeting was adjourned at 10:09 p.m.
r
Mayor
City of Clearwater
Attest
Ci Clerk
C30 A
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