09/22/2010
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
September 22, 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,
Rosemarie Call - City Clerk, and Cynthia E. Goudeau - Deputy City Clerk.
1. Call to Order - Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Pastor Steve Kreloff of Lakeside Community Chapel
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Fire Prevention Week Proclamation, October 3-9, 2010
5. Approval of Minutes
5.1 Approve the minutes of the September 9, 2010 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the September 9, 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
Elizabeth Drayer spoke in opposition to the Clearwater Christian College proposal and
urged Council to vote against it when it returns for reconsideration.
Council 2010-09-22 1
Smokey Townsend expressed concerns regarding Amendment 4.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the millage rate to be levied for the Fiscal Year beginning October 1,
2010 and ending September 30, 2011, for operating purposes including the
funding of pensions, debt service, and road maintenance for capital improvement
expenditures at 5.1550 mills and adopt Ordinance 8215-10 on second reading.
Ordinance 8215-10 was presented and read in full. Councilmember George N.
Cretekos moved to approve the millage rate to be levied for the Fiscal Year beginning
October 1, 2010 and ending September 30, 2011, for operating purposes including the
funding of pensions, debt service, and road maintenance for capital improvement
expenditures at 5.1550 mills and adopt Ordinance 8215-10 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.
7.2 Approve an operating budget for the Fiscal Year beginning October 1, 2010 and
ending September 30, 2011 and adopt Ordinance 8216-10 on second reading.
Ordinance 8216-10 was presented and read by title only. Councilmember Paul
Gibson moved to approve an operating budget for the Fiscal Year beginning October 1,
2010 and ending September 30, 2011 and adopt Ordinance 8216-10 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.
7.3 Approve the Capital Improvement Program budget for the Fiscal Year beginning
October 1, 2010 and ending September 30, 2011; approving the Six-Year Capital
Improvement Program which shall be reevaluated at the beginning of each fiscal
year and adopt Ordinance 8217-10 on second reading.
Council 2010-09-22 2
Ordinance 8217-10 was presented and read by title only. Councilmember Bill Jonson
moved to approve the Capital Improvement Program budget for the Fiscal Year
beginning October 1, 2010 and ending September 30, 2011; approving the Six-Year
Capital Improvement Program which shall be reevaluated at the beginning of each fiscal
year and adopt Ordinance 8217-10 on second reading 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.
7.4 Approve the applicant’s request to vacate the east 10 feet of a 20-foot right of way
easement that lies along the west property line of property located at 113 North
Betty Lane as more particularly described in the ordinance and approve
Ordinance 8221-10 on first reading. (VAC2010-05 SP Country Club Homes, LLC)
The applicant is seeking to develop the subject property with a 33-unit townhome
project. Currently, a 20-foot right-of-way easement is located along the west side
of the applicant’s property, which also abuts Betty Lane. The applicant proposes
to build patios with privacy walls in the area of the site proposed to be vacated.
Flexible Development approval for this development, FLS2010-05001, was
granted by the Community Development Board on July 20, 2010.
The preliminary plat, PLT2010-06001, "Country Club Townhomes" was approved
by the Development Review Committee on August 5, 2010.
Progress Energy, Verizon, Knology and Bright House have no objections to the
vacation requested.
The City of Clearwater has no utilities in the right-of-way easement and
contemplates no future need for the easement portion proposed to be vacated,
provided that the development is completed within two years or the vacation will
be null and void, as specified in the ordinance attached.
The Engineering Department has no objections to the vacation request so long as
the development is completed within two years of the date of adoption of the
ordinance.
Vice Mayor John Doran moved to approve the applicant’s request to vacate the east 10
feet of a 20-foot right of way easement that lies along the west property line of property
located at 113 North Betty Lane as more particularly described in the ordinance. The
motion was duly seconded and carried unanimously.
Council 2010-09-22 3
Ordinance 8221-10 was presented and read by title only. Councilmember George N.
Cretekos moved to pass Ordinance 8221-10 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 Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1401 Lemon Street (Lot 18, Block B, Sunny Park Groves in
Section 23, Township 29 South, Range 15 East) and pass Ordinances 8206-10,
8207-10 and 8208-10 on first reading. (ANX2010-06001)
This voluntary annexation petition involves a 0.146-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the south
side of Lemon Street and the east side of Sunny Park Road.
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 0.2-acres of abutting right-of-way of Lemon Street and Sunny
Park Road not currently within the City limits also be annexed.
The property is contiguous to existing City boundaries to the west and south. It is
proposed that the property be assigned a Future Land Use Map designation of
Residential Low (RL) and a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City of Clearwater. The
closest sanitary sewer line is located in the Lemon 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 waste will be provided by the City. 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
Council 2010-09-22 4
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 Residential Low (RL) Future Land Use Map 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 west; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember Paul Gibson moved to approve the annexation, initial Future Land Use
Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 1401 Lemon Street (Lot 18, Block B,
Sunny Park Groves in Section 23, Township 29 South, Range 15 East). The motion was
duly seconded and carried unanimously.
Ordinance 8206-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8206-10 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 2010-09-22 5
Ordinance 8207-10 was presented and read by title only. Vice Mayor John
Doran moved to pass Ordinance 8207-10 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 8208-10 was presented and read by title only. Councilmember George N.
Cretekos moved to pass Ordinance 8208-10 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.
7.6 Approve amendments to the Community Development Code regarding overnight
accommodations accessory uses in the commercial and tourist districts, sidewalk
vendors, commercial docks, parking and outdoor storage in residential districts,
enforcement provisions relating to nuisance violations, and the distance between
community residential homes, and pass Ordinance 8211-10 on first reading.
(TA2010-07002)
There are several catalysts for the proposed amendments. Below is a list of the
proposed amendments, organized according to Code section, with the catalyst in
parenthesis.
Article 2. - Zoning Districts
Sidewalk Vendors (Staff)
The proposed amendment eliminates sidewalk vendors as an allowable use in the
Tourist and Downtown districts.
Accessory Uses in the Overnight Accommodation Use in the Commercial and
Tourist Districts (City Council)
The proposed amendment requires that overnight accommodation uses with
fewer than 50 rooms comply with the parking standards for the restaurant use.
Council 2010-09-22 6
Article 3. - Development Standards
Docks (Staff)
The first proposed amendment states that if an applicant demonstrates riparian or
littoral rights which affect the location of the dock, the minimum deviation needed
to exercise those rights should be allowed.
The second proposed amendment eliminates the current provision that exempts
boatlifts added to existing docks from setback requirements.
Parking Restrictions in Residential Areas (Clearwater Neighborhood Coalition and
Staff)
The first amendment specifies that boat trailers cannot exceed 25 feet in length if
located in the front setback.
The second amendment identifies the types and sizes of vehicles permitted to be
parked in the side and rear setbacks.
Lastly, this proposed amendment states that commercial vehicles exceeding a
certain size cannot be parked in residential areas.
Outdoor Storage in Residential Areas (Clearwater Neighborhood Coalition and
Staff)
The first proposed amendment clarifies that items stored on carports are subject
to outdoor storage provisions.
The second proposed amendment requires that car covers are used in a manner
that allows Code inspectors the ability to see if the tires are flat and the tags are
current.
Nuisances (Staff)
The proposed amendment allows nuisance violations to be enforced as
"nuisance" or "non-nuisance" cases.
Article 7. - Enforcement Proceedings
Nuisances (Staff)
The proposed amendment allows nuisance violations to be enforced either by
notice of violation to be decided by the MCEB, a ticket to the Court or actual
abatement.
Council 2010-09-22 7
Article 8. - Definitions and Rules of Construction
Community Residential Home Separation Requirement (Staff)
The proposed amendment requires 1,000-foot separation between community
residential homes to be consistent with Florida Statutes.
Ordinance 8211-10 and the staff report contain further analysis and information on
the proposed amendments.
The Community Development Board (CDB) reviewed the proposed text
amendment at its meeting of August 17, 2010. The Board unanimously
recommended the amendment for approval, with two concerns. One concern was
the correlation between boat trailer size and boat size (Section 3-1407.A.2.b) and
the other was the language for large vehicles (Section 3-1407.A.4). Both concerns
have been addressed by editing the language in the ordinance as recommended
by the Board.
In response to a question, Planning and Development Director Michael Delk said larger
commercial vehicles can park only on associated commercial properties and are not
permitted to park in residential areas. He will review this requirement with staff.
Councilmember Paul Gibson moved to approve amendments to the Community
Development Code regarding overnight accommodations accessory uses in the
commercial and tourist districts, sidewalk vendors, commercial docks, parking and
outdoor storage in residential districts, enforcement provisions relating to nuisance
violations, and the distance between community residential homes. The motion was
duly seconded and carried unanimously.
Ordinance 82118-10 was presented and read by title only. Councilmember Bill
Jonson moved to pass Ordinance 8211-10 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 2010-09-22 8
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8220-10 on second reading, Amending Code of Ordinances
Chapter 2, Administration, Article III, Appointed Authorities, Boards Committees,
Division 1, regarding definitions, board establishment, qualifications, appointment,
terms, rules of procedure, staff members, and removal of members.
Ordinance 8220-10 was presented and read by title only. Vice Mayor John Doran
moved to adopt Ordinance 8220-10 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.
9. Consent Agenda
9.1 Approve the filing of the Office Depot settlement offer with the State of Florida
Attorney General Settlement Administrator to obtain a claim estimated at
$59,999.96, resulting from the City being placed in a higher cost office supplies
pricing plan than originally approved. (consent)
9.2 Approve an Agreement between the City of Clearwater and the Clearwater
Regional Chamber of Commerce (CRCC) to produce and distribute the Official
Clearwater, Florida Visitor Guide in Fiscal Year 2010-2011 at a cost of $26,000
and authorize the appropriate officials to execute same. (consent)
9.3 Award a contract for professional services pursuant to Clearwater RFP 17-10,
Development of an Economic Development Strategic Plan, to TIP Strategies, Inc.
of Austin, Texas, for a fee of $75,000, plus out-of-pocket expenses not to exceed
$5,000, and authorize the appropriate officials to execute same. (consent)
9.4 Approve a one-year funding agreement, in the amount of $150,000 between
Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the
operation of transportation and trolley service on Clearwater Beach, Island
Estates and Sand Key and authorize the appropriate officials to execute same.
(consent)
9.5 Approve the October 1, 2010 one-year extension to the Emergency Medical
Services Advanced Life Support First Responder Agreement between Pinellas
County and City of Clearwater and authorize the appropriate officials to execute
same. (consent)
9.6 Authorize a not to exceed amount of $400,000, to pay Gallagher Bassett
Services, Inc., for workers compensation claims due and payable for the period
October 1, 2010 to September 30, 2011, and authorize the appropriate officials to
execute same. (consent)
Council 2010-09-22 9
9.7 Approve payment of insurance premiums up to $600,000, with effective dates
beginning October 1, 2010 to September 30, 2011 and authorize the appropriate
officials to execute same. (consent)
9.8 Approve the restructuring of the U.S. Department of Energy Block Grant to move
$244,000 grant funding from Electronic Plan Submittal project 181-99857 to City
Facilities Retrofits project 181-99859 and move $244,000 of General Fund
reserves from Honeywell project 315-94527 to Electronic Plan Submittal project
181-99857. (consent)
9.9 Increase the authorized not-to-exceed amount for actuarial services to be
performed for the City by Gabriel, Roeder, Smith and Company by $100,000 to
cover the estimated cost of preparing an analysis of the costs/savings of potential
pension plan changes for a new City not-to-exceed amount of $160,000.
(consent)
9.10 Authorize staff to proceed with the potential refunding of the Water and Sewer
Revenue Bonds, Series 2002. (consent)
9.11 Authorize the waiving of the City’s rights to issue Recovery Zone Economic
Development Bonds and Recover Zone Facility Bonds and authorize the
appropriate officials to execute same. (consent)
9.12 Approve the first renewal of the contract (Purchase Order) with Mastec North
America, Inc. for the period October 1, 2010 to September 30, 2011, for the
installation of Gas Mains and Service Lines in the amount of $940,000 and
authorize the appropriate officials to execute same. (consent)
9.13 Award a contract (Purchase Order) to State of Florida, Department of
Management Services, Tallahassee, Florida for Suncom long distance overflow
service, State AIN Centranet lines, and toll free lines during the period of October
1, 2010 to September 30, 2011, at a cost not to exceed $103,530 in accordance
with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1,
and authorize the appropriate officials to execute same. (consent)
9.14 Award a contract (Purchase Order) to Oracle America Inc., Redwood Shores,
California for the period October 1, 2010 through September 30, 2011 for
database maintenance at a cost not to exceed $194,320 in accordance with Sec.
2.564 (1)(b), Code of Ordinances, sole source and authorize the appropriate
officials to execute same (consent).
9.15 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg,
Florida for telephone service including frame relay service, T1’s, credit/collect
calls, backup trunks, VADI circuit, and DSL high bandwidth services during the
period October 1, 2010 to September 30, 2011, at a cost not to exceed $312,800,
in accordance with Sec. 2.564 (1)(e), Code of Ordinances, impractical to bid and
authorize the appropriate officials to execute same (consent).
9.16 Approve blanket purchase order contract with Grosz Stamper Inc. of Tampa, FL,
in the amount of $200,000 for the purchase of labor, materials and equipment to
Council 2010-09-22 10
perform various concrete projects including sidewalks, slabs, and curbs for a
variety of parks and recreation maintenance and construction projects and
authorize the appropriate officials to execute same.(consent)
9.17 Approve acceptance of a Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of
$87,366 and authorize the appropriate officials to execute same. (consent)
9.18 Award a contract (Purchase Order) to Atlantic Truck Center of Pompano Beach,
FL for the purchase of one (1) M2-106 Freightliner Conventional Chassis at a cost
of $57,953.00 in accordance with Sec. 2.56(1)(d), Code of Ordinances - Other
governmental bid; authorize lease purchase under the City’s Master Lease
Purchase Agreement for the amount of $43,706.75 and authorize the appropriate
officials to execute same; establish Project 316-94239, Public Utilities Boom
Truck, at third quarter. (consent)
9.19 Approve a contract (purchase order) for MicroCg with Environmental Operating
Systems of Bourne, MA for the period September 24, 2010 through September
30, 2011, for a value of $200,229.75 and authorize the appropriate officials to
execute same. (consent)
9.20 Award a contract (purchase order) to Odyssey Manufacturing Company, of Miami,
FL, for the purchase of Sodium Hypochlorite in the amount of $1,411,083.51,
during the contract period October 1, 2010, through September 30, 2013, as the
most responsive bid for RFP 25-10, and authorize the appropriate officials to
execute same. (consent)
9.21 Accept a 136 square-foot Sidewalk, Signal Cabinet and Utilities Easement over,
under and across a portion of the Northwest 1/4 of Section 15, Township 29
South, Range 15 East, as more particularly described therein, conveyed by 1133
Cleveland Properties, LLC, a Florida limited liability company, granted in
consideration of receipt of $2,856 and the benefits to be derived therefrom.
(consent)
9.22 Accept a 1340-square-foot Sidewalk and Utilities Easement over, under and
across portions of Lots 1, 2, 3 and the West 10 feet of Lot 4, MATTISON
SQUARE, as more particularly described therein, conveyed by 801 W Bay, LLC, a
Florida limited liability company, granted in consideration of receipt of $17,997
and the benefits to be derived therefrom. (consent)
9.23 Accept a 7-foot Sidewalk and Utilities Easement over, under and across that
portion of the East 47 feet of Lot 4 and all of Lot 5, Mattison Square, as more
particularly described therein, conveyed by Dennis H. and Jacqueline L. Henegar,
in consideration of receipt of $7,500 and the benefits to be derived therefrom.
(consent)
9.24 Approve a work order to Camp Dresser and McKee, Inc. (CDM) in the amount of
$1,180,867 for engineering design and permitting of the Reverse Osmosis Plant 1
Expansion Project (09-0018-UT); and the appropriate officials be authorized to
execute same. (consent)
Council 2010-09-22 11
9.25 Approve Supplemental Work Order 1 to Malcolm Pirnie, City of Clearwater
Engineer of Record (EOR), to provide additional engineering design and
permitting services for the Spring Branch Conveyance Enhancements Project for
the lump sum of $30,599 and authorize the appropriate officials to execute
same.(consent)
9.26 Approve a Legal Service Agreement between the City of Clearwater and Baker
and Hostetler LLP, to serve as legal counsel on Environmental issues in the
amount of $50,000 and authorize the appropriate officials to execute same.
(consent)
9.27 Approve a Cooperative Funding Agreement between the Southwest Florida Water
Management District (SWFWMD) and the City of Clearwater for the Brackish
Facility at Water Treatment Plant 2 (N176); Approve a work order to SDI
Environmental Services, Inc. (EOR) in the amount of $1,397,936.00 for
hydrogeologic services related to the design and construction of a brackish-water
wellfield; Approve a work order to Legette, Brashears and Graham, Inc. (EOR) in
the amount of $140,026 for hydrogeological services related to design, permitting
and implementation of a testing program for a concentrate injection well to be
located at Water Treatment Plant 2; and authorize the appropriate officials to
execute same. (consent)
Vice Mayor John Doran moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Amend the City’s fiscal year 2009/10 Operating and Capital Improvement Budgets
at third quarter and pass Ordinances 8218-10 and 8219-10 on first reading.
The fiscal year 2009/10 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 accompanying report provide this information and
outlines the issues at third quarter that require amendment.
Councilmember George N. Cretekos moved to amend the City's fiscal year 2009/10
Operating and Capital Improvement Budgets at third quarter. The motion was duly
seconded and carried unanimously.
Council 2010-09-22 12
Ordinance 8218-10 was presented and read by title only. Councilmember Paul
Gibson moved to pass Ordinance 8218-10 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 8219-10 was presented and read by title only. Councilmember Bill
Jonson moved to pass Ordinance 8219-10 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 Approve the agreement as negotiated between the City of Clearwater and the
Fraternal Order of Police Supervisors for the period October 1, 2010 through
September 30, 2012 and authorize the appropriate officials to execute same.
The most recent collective bargaining agreement between the City of Clearwater
and the Fraternal Order of Police Supervisors bargaining unit is in effect until
September 30, 2012. In conjunction with Article 9, Section 1, E. of the Agreement,
which states in part that the Section "may be re-opened upon the written request
of either party no sooner than 90 days prior to September 30, 2010 for the
purpose of negotiating rates of pay and/or adjustments to pay range minimums
and maximums for any bargaining unit members or represented job classifications
for the period from October 1, 2010 through September 30, 2011," the City
requested that the Union voluntarily agree to re-open other provisions of Article 9
in addition to Section 1 of the Agreement in order to negotiate possible cost
saving measures that could help to alleviate the City's current budget shortfall.
The Fraternal Order of Police Supervisors agreed to this re-opener through a
Memorandum of Understanding with the City stipulating that should the parties not
be able to reach a mutual agreement on any issues negotiated through the re-
opener, the negotiations would cease and neither the City nor the Union would
have the right to declare an impasse. On August 19, 2010, the parties reached a
Tentative Agreement that was subsequently submitted by the Union to its
members who ratified the agreement by a vote of 33 to 10 on August 28, 2010.
The Agreement provides that pay range minimums and maximums for
classifications represented by the bargaining unit will not be adjusted, and that
employees will not be provided with an across-the-board general wage
Council 2010-09-22 13
adjustment, for the period from October 1, 2010 through September 30, 2011. The
Agreement also provides that each bargaining unit member shall be subject to
one, eight-hour unpaid furlough day during the period from October 1, 2010
through September 30, 2011, and one, eight-hour unpaid furlough day during the
period from October 1, 2011 through September 30, 2012, with such days to be
scheduled at the discretion of the Police Department. The furlough days for this
bargaining unit will result in a savings of approximately $14,400 in each fiscal
year. The Agreement also provides that for the period from October 1, 2010
through September 30, 2012, the City shall not contract with another entity to
supplant or displace any budgeted positions currently represented by the
Fraternal Order of Police Supervisors bargaining unit. This agreement does not
preclude the City from pursuing cost savings or operational consolidations,
including the reduction of budgeted positions, that do not result in the supplanting
or displacing of any bargaining unit member by an outside source.
In response to questions, Human Resources Director Joe Roseto said the contract does
not restrict future efforts to consolidate police communication centers. The scope of
these negotiations was limited to the wage reopener.
Vice Mayor John Doran moved to approve the agreement as negotiated between the
City of Clearwater and the Fraternal Order of Police Supervisors for the period October
1, 2010 through September 30, 2012 and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
10.3 Approve the agreement as negotiated between the City of Clearwater and the
Fraternal Order of Police Officers for the period from October 1, 2010 through
September 30, 2012 and authorize the appropriate officials to execute same.
The most recent collective bargaining agreement between the City of Clearwater
and the Fraternal Order of Police Officers bargaining unit is in effect until
September 30, 2012. In conjunction with Article 9, Section 1, B. of the Agreement,
which states in part that the Section "may be re-opened upon the written request
of either party no sooner than 90 days prior to September 30, 2010 for the
purpose of negotiating rates of pay and/or adjustments to pay range minimums
and maximums for any bargaining unit members or represented job classifications
for the period from October 1, 2010 through September 30, 2011," the City
requested that the Union voluntarily agree to re-open other provisions of Article 9
in addition to Section 1 of the Agreement in order to negotiate possible cost
saving measures that could help to alleviate the City’s current budget shortfall.
The Fraternal Order of Police Officers agreed to this re-opener through a
Memorandum of Understanding with the City stipulating that should the parties not
be able to reach a mutual agreement on any issues negotiated through the re-
opener, the negotiations would cease and neither the City nor the Union would
have the right to declare an impasse.
Council 2010-09-22 14
On August 19, 2010, the parties reached a Tentative Agreement that was
subsequently submitted by the Union to its members who ratified the agreement
by a vote of 87 to 12 on September 2, 2010. The Agreement provides that pay
range minimums and maximums for classifications represented by the bargaining
unit will not be adjusted, and that employees will not be provided with an across-
the-board general wage adjustment, for the period from October 1, 2010 through
September 30, 2011. The Agreement also provides that each bargaining unit
member shall be subject to one, eight-hour unpaid furlough day during the period
from October 1, 2010 through September 30, 2011, and one, eight-hour unpaid
furlough day during the period from October 1, 2011 through September 30, 2012,
with such days to be scheduled at the discretion of the Police Department. The
furlough days for this bargaining unit will result in a savings of approximately
$48,735 in each fiscal year. The Agreement also provides that for the period from
October 1, 2010 through September 30, 2012, the City shall not contract with
another entity to supplant or displace any budgeted positions currently
represented by the Fraternal Order of Police Officers bargaining unit. This
agreement does not preclude the City from pursuing cost savings or operational
consolidations, including the reduction of budgeted positions, that do not result in
the supplanting or displacing of any bargaining unit member by an outside source.
Councilmember George N. Cretekos moved to approve the agreement as negotiated
between the City of Clearwater and the Fraternal Order of Police Officers for the period
from October 1, 2010 through September 30, 2012 and authorize the appropriate
officials to execute same. The motion was duly seconded .
10.4 Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California for
cellular/radio, Treo and Blackberry services for the period November 1, 2010
through October 31, 2011 in an amount not to exceed $308,100 in accordance
with Sec. 2.564(1)(d), Code of Ordinances, under State Contract 1523 and
authorize the appropriate officials to execute same.
This is a renewal of service for the City's cell phones, radio's, Treo's and
Blackberry's ($164,100), and also incorporates all of the wireless cards for the
Police Department's patrol vehicles previously supplied by Alltel ($144,000). This
Purchase Order represents an increase of $22,100 (7.7%) from the previous year.
Councilmember Paul Gibson moved to award a contract (purchase order) to
Sprint/Nextel, Los Angeles, California for cellular/radio, Treo and Blackberry services for
the period November 1, 2010 through October 31, 2011 in an amount not to exceed
$308,100 in accordance with Sec. 2.564(1)(d), Code of Ordinances, under State
Contract 1523 and authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
10.5 Amend Section 22.24 of the City of Clearwater Code of Ordinances to include
Council 2010-09-22 15
reference to Appendix A, Schedule of Fees, Rates and Charges, correcting minor
scriveners error in subsection numbering and amending Appendix A to define
permanent residence and pass Ordinance 8214-20 on first reading.
Section 22.24 of the City of Clearwater Code of Ordinances regulating beaches,
park property and the Courtney Campbell Recreation Area has been included in
Appendix A, "Schedule of Fees, Rates and Charges" however; reference to where
to locate these fees were omitted from the Code.
Ordinance 8214-10 adds clarification so that persons may clearly locate Appendix
A. The following sentence has been added to Section 22.24; "See Appendix A for
Schedule of Fees, Rates and Charges for the use of Parks and Recreation
facilities."
In addition, this Ordinance corrects minor scrivener’s errors in the subsection
numbering of Section 22.24.
Last, is the request to amend Appendix A to define "permanent residence" for
purposes of the application of fees. From time to time, we have persons
requesting residential status and use of recreational facility as residents of
Clearwater who in fact are not. This amendment will clearly define who is and
who is not a resident of Clearwater as it relates to the application of fees.
Councilmember Bill Jonson moved to amend Section 22.24 of the City of Clearwater
Code of Ordinances to include reference to Appendix A, Schedule of Fees, Rates and
Charges, correcting minor scrivener’s error in subsection numbering and amending
Appendix A to define permanent residence. The motion was duly seconded and carried
unanimously.
Ordinance 8214-10 was presented and read by title only. Vice Mayor John Doran
moved to pass Ordinance 8214-10 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.
10.6 Approve a lease termination and Indemnity Agreement between Clearwater
Country Club Management, Inc. (CCCM) and the City; approve a Management
Agreement with Clearwater Golf Club, LLC (CGC) and the City from October 1,
2010 through April 30, 2011 and authorize the appropriate officials execute same.
Clearwater Country Club Management, Inc. (CCCM) has operated the Clearwater
Country Club since May 9, 2000. CCCM is in default of that agreement for failure
to make their fourth quarter payment on July 1, 2010 to the City. CCCM has
Council 2010-09-22 16
requested and agreed to terminate their agreement with the city effective
September 30, 2010.
Staff and CCCM will work with a third party appraiser to value all of the club’s
assets, if the city is desirous of purchasing. The City has a secured interest in
certain personal property.
Staff recommends retaining Clearwater Golf Club, LLC (CGC) to operate as the
city’s manager of the facility effective October 1, 2010 through April 30, 2011.
CGC principals previously worked with the city with the Clearwater Executive Golf
Course (The Landings) and currently own and operate Brooker Creek Golf Club.
CGC responsibilities will include:
1 - Paying all expenses
2 - Collecting all revenues to be applied towards paying the expense
3 - Coverage loss (revenue vs. expense)
4 - Profit split with the City (50/50), at the conclusion of the agreement
The City Attorney said the City is not responsible for any of the golf club’s indebtedness.
Payments are three months in arrears. The City has owned the golf course for many
years. Without a newly structured contract, the golf course would have closed 18
months ago.
In response to questions, Parks and Recreation Director Kevin Dunbar said the quick
takeover of the facility will allow a seamless transition and the facility to remain open
during the prime golf season. The Department has insufficient staff to maintain the
course. The $10,000 monthly management fee reflects the going rate for a seven day a
week operation. Memberships will continue without full rights and privileges;
memberships will not be renewed during the next seven months. New management will
identify long and short-term needs and report on food, beverage, and course revenues.
This information will allow the City to identify necessary upgrades and maintenance
needs for the next 20 years. Building and Maintenance inspected the building on site
and indicated nothing needs to be repaired within the next six months.
10.7 Approve the 2011 Council Meeting Schedule
Generally, the 2011 City Council meetings are at 6:00 p.m. on the first and third
Thursdays of each month. The accompanying work sessions are at 9:00 a.m. on
the preceding Monday, unless the Monday is a holiday, in which case the work
session is on Tuesday.
Exceptions are:
No meetings held for the first Thursday in January, per Council Rules.
The April 21 Council meeting has been moved to Wednesday, April 20 to allow
Councilmember Cretekos to attend service related to Orthodox Easter.
No meetings held for the first Thursday in July, per Council Rules.
Council 2010-09-22 17
The August 15 work session will begin at 1:00 p.m. due to a conflict
Councilmember Cretekos has that morning.
The work sessions that would have been on February 14, March 14, September
12, and December 12, fall on the second Monday of the month and due to
conflicts with Tampa Bay Regional Planning Committee and MPO’s Project
Advisory Committee, will be moved to Tuesday, February 15, March 15, and
December 13 at 8:30 a.m.
Direction is needed on the following:
The work sessions of June 13 and November 14 fall on the second Monday of the
month and due to conflicts with TBRPC and MPO’s PAC, would move to Tuesday,
however, because of the Conference of Mayors’ annual meeting and the FLC
Legislative Conference, the Thursday night meetings of June 16 and November
17 were moved to Wednesday June 15 and November 16. This results in the
work session and Council meetings being back to back. Should the work
sessions be cancelled and the Council meetings be held on Tuesday (June 14
and November 15) or Wednesday (June 15 and November 16) evenings?
There is no need to make adjustments for the Florida League of Cities’ August
Conference in 2011.
Also, no adjustment is needed for Jazz Holiday in 2011 as the third weekend in
October occurs prior to the third Thursday.
The County’s Budget calendar for 2011 is not known at this time. Once the
Budget Director receives this information adjustment of the September meetings
will be requested if needed.
Staff was directed to schedule council meetings on Tuesdays, June 14 and November
15, at 6:00 p.m., with no work sessions during those weeks.
Councilmember Paul Gibson moved to approve the 2011 Council Meeting Schedule, as
amended. The motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Crest Lake Park
Police Chief Anthony Holloway reviewed the report on activities at Crest Lake Park. He
said no serious crime had been reported and safety at the park is not of concern. Both
officers and volunteers patrol the park. Patrols were increased during the day on
Council 2010-09-22 18
Tuesdays to address increased issues on that day. He said crimes reports and
comments by Police Officers and volunteers are not consistent with complaints made by
neighbors. Visitors are restricted to the perimeter of the park after it is closed.
Four individuals supported closing the park at 9:00 p.m.
One individual opposed closing the park at 9:00 p.m.
Discussion ensued with suggestions that staff consider improving the park’s lighting. It
was noted that the majority of problems at the park occur during the day. Consensus
was to revisit this issue in two months after additional data is gathered and lighting
issues are reviewed.
12. Other Council Action
12.1 Creating Policy regarding Inviting Former Councilmembers to Events - Jonson
Councilmember Bill Jonson suggested establishing a policy inviting former
councilmembers to events, particularly those involved with projects.
Discussion ensued with concerns expressed regarding impact to staff resources. It was
suggested that the policy be limited to former councilmembers, no more than 10 years
out of office.
Staff was directed to draft policy inviting former councilmembers, no more than 10 years
out of office, to events.
12.2 Environmental Advisory Board Work and Focus - Councilmember Jonson
Councilmember Bill Jonson expressed concerns with the Environmental Advisory
Board's lack of involvement on environmental issues and guidance from Council.
In response to a question, Environmental Manager Ed Chesney said the board minutes
are distributed to Council upon approval. The Board did not have a quorum in July and
could not take any action.
Discussion ensued with concerns expressed regarding the Board being assigned
responsibilities beyond their purview.
Staff was directed to distribute unapproved minutes for all advisory boards to Council.
Council 2010-09-22 19
13. Closing Comments by Mayor
Mayor Frank Hibbard reported that CSX hopes to complete the resurfacing of East
Avenue within a few weeks. Repairs of the crossings at Court and Chestnut Streets will
be scheduled after November 13 and completed by January 1, 2011. Four remaining
crossings will be done soon afterwards.
Mayor Frank Hibbard reviewed recent and upcoming events, thanked Cyndie Goudeau
for her service to the city and wished her well on her retirement, and thanked Major
Dean Hinson of the Salvation Army for his service during his 5-year assignment in
Clearwater.
14. Adjourn
The meeting was adjourned at 8:20 p.m.
Mayor
City of Clearwater
Council 2010-09-22 20