12/02/2010
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
December 2, 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 Patricia O. Sullivan - Board Reporter.
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 - Councilmember George N. Cretekos
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given.
4.1 Deputy Chief Sandra Wilson Swearing-In
The City Clerk administered the Oath of Office to Deputy Police Chief Sandra Wilson
.
4.2 Habitat for Humanity
Barbara Inman, Habitat for Humanity President, thanked the City for its support and
presented plaques commemorating recent home dedications to 3 Clearwater families.
4.3 Turkey Trot Presentation - Continued to December 16, 2010.
4.4 Human Rights Week Proclamation - December 5-10, 2010.
4.5 Annual Utilities We Care Fund Contribution - Jim Geary, Customer Service
Director
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Residents were encouraged to donate to the fund, which is used to assist paying
utility bills for people experiencing temporary financial difficulties.
5. Approval of Minutes
5.1 Approve the minutes of the November 16, 2010 City Council Meeting as
submitted in written summation by the City Clerk.
It was recommended that the fifth to last paragraph of Item 11.2 be amended to read,
"The City Manager was directed to review the staffing levels within the board reporting
section against the need to provide minutes for advisory board public meetings."
Councilmember Bill Jonson moved to approve the minutes of the November 16, 2010
City Council Meeting as amended. The motion was duly seconded and carried
unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Gregg Pound said his organization's signs were unjustly removed during the Turkey
Trot by a Clearwater Police Officer and requested they be returned.
Matthew Leffler opposed adding fluoride to Clearwater's drinking water.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the recommended Penny for Pinellas project list, as revised, for fiscal
years 2010/2011 through 2019/2020.
On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance
established the requirement for a special public hearing prior to the adoption of
the capital improvement budget, and at any time in which there is any proposed
change to Penny for Pinellas funding of $500,000 or more.
Due to the slowing economy and anticipated loss of revenues, the City Council
has reviewed a proposed list of project changes, which reduce the planned
projects by approximately $19,406,160. These changes have been advertised for
a public hearing date of December 2, 2010 and are outlined in the public hearing
notice.
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One individual expressed concerns that there were no items on the projects list located
on Island Estates and asked Council to consider including undergrounding utilities on
Island Estates.
Discussion ensued regarding using Penny funds for undergrounding utilities. It was
stated Sad Key residents paid for undergrounding utilities as a special assessment
and would demand a refund if the City pays for a similar project. Staff was directed to
schedule discussion at a future meeting.
Comments were made that Penny for Pinellas funds are not focused on specific
neighborhoods but projects that provide regional benefits. It was recommended that all
new fire stations meet category five hurricane standards.
Councilmember George N. Cretekos moved to approve the recommended Penny for
Pinellas project list, as revised, for fiscal years 2010/2011 through 2019/2020. The
motion was duly seconded and carried unanimously.
7.2 Approve the applicant’s request to vacate the south 10-feet of a 20-foot utility
easement lying along the south boundary of Lots 7 and 8, Block B-2,Maryland
Subdivision, (a.k.a. 614 South Missouri Avenue),as more particularly described in
the ordinance, and approve Ordinance 8231-10 on first reading, (VAC2010-07
Nichols),
The property owner, Peter G. Nichols, deeded an easement to the City of
Clearwater over property adjoining the utility easement subject of this request.
The City, as grantee of the easement, agreed to process a vacation request for
the easement portion described in the ordinance.
Progress Energy, Verizon, Knology and Bright House have no facilities in the
subject easement portion and have no objections to the vacation request.
The City of Clearwater has no utilities in the easement and no future need for the
easement portion is anticipated.
The Engineering Department has no objections to the vacation request.
Councilmember Paul Gibson moved to approve the applicant’s request to vacate the
south 10-feet of a 20-foot utility easement lying along the south boundary of Lots 7 and
8, Block B-2,Maryland Subdivision, (a.k.a. 614 South Missouri Avenue),as more
particularly described in the ordinance. The motion was duly seconded and carried
unanimously.
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Ordinance 8231-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8231-10 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.
7.3 Approve the applicants request to vacate the north 5-feet of the 15-foot drainage
and utility easement lying along the south property line of Lot 8, Mandalay Block
46A, less the west 5-feet thereof, (a.k.a. 910 Lantana Avenue), and approve
Ordinance 8232-10 on first reading. (VAC2010-08 Lee)
The applicant is seeking the vacation in order to increase on site area to build a
new swimming pool and deck.
Verizon, Knology and Bright House have no facilities in the easement portion
proposed to be vacated and have no objections to the request.
Progress Energy has a non-energized overhead support cable above the
easement portion being vacated. Progress Energy has no objections provided that
the applicant deeds a private easement to them allowing for future access and
maintenance of their facility. The ordinance, as drafted provides for the applicant
to deed an easement to Progress Energy prior to the issuance of a building permit
and nullifies the vacation if the easement is not obtained within six months of the
date of adoption of the ordinance.
The City of Clearwater has no utilities in the easement portion and contemplates
no future need for the easement portion.
The Engineering Department has no objections to the vacation request provided
that the ordinance requires the applicant to provide a private easement to
Progress Energy.
Vice Mayor John Doran moved to approve the applicant's request to vacate the north 5-
feet of the 15-foot drainage and utility easement lying along the south property line of
Lot 8, Mandalay Block 46A, less the west 5-feet thereof, (a.k.a. 910 Lantana Avenue).
The motion was duly seconded and carried unanimously.
Ordinance 8232-10 was presented and read by title only. Councilmember George N.
Cretekos moved to pass Ordinance 8232-10 on First reading. The motion was duly
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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 Authorize the City to permit and implement the use of traffic infraction detectors
for red light infractions pursuant to state law; authorize the appropriate officials to
execute same and pass Ordinance 8233-10 on first reading.
The Florida Legislature passed House Bill 325 during the 2010 Legislative
Session, authorizing the use of red light cameras as traffic infraction detectors to
enforce Sections 316.074(1) and 316.075(1)(c)1., Florida Statutes (2010).
On May 13, 2010, Governor Charlie Crist signed House Bill 325 into law, resulting
in the Laws of Florida, 2010-80, taking effect on July 1, 2010, which, among other
things, expressly preempts to the State of Florida the use of cameras, referred to
in the State Act as part of a system of equipment comprising traffic infraction
detectors and defined therein, to enforce the provisions of Sections 316.074(1)
and 316.075(1)(c)1., Florida Statutes (2010).
The running of red lights continues to be a safety hazard affecting all citizens
traveling by roads in the City of Clearwater.
The City Council of the City of Clearwater wants to further reduce the running of
red lights by implementing Laws of Florida 2010-80 and finds that implementation
of an enforcement program pursuant to the State Act as set forth herein will
promote, protect and improve the health, safety and welfare of its citizens.
Eight individuals spoke in opposition.
In response to questions, Traffic Operations Manager Paul Bertels said the Florida
Department of Transportation (FDOT) sets the minimum amber clearance times on
state roads. Extending amber and red light clearance times reduces capacity,
compounds delays and increases road rage. FDOT will issue installation and
operational specifications for red light cameras by the end of December. Mr. Bertels
said conclusions of the USF (University of South Florida) study were based solely on
other studies.
The City Attorney said violations are issued to the vehicle’s registered owner. A
process allows owners to contest charges and identify the driver. Challenges based on
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constitutional issues are likely.
Assistant City Attorney Rob Surette said traffic detectors record the sequence of an
offense, including the license tag and red light. A Police Department civilian employee
will be trained to review evidence before notices of violation are issued. Violation
recipients will have an opportunity to view the evidence online before the fine is due.
Mr. Bertels said Florida law requires large signs regarding camera use be posted on the
approach to affected intersections. The State has set the $158 fine for the original
infraction; jurisdictions must pay vendor costs from their $75 share. Contract language
could allow cameras to be removed as violations decline.
It was recommended that the Request for Proposal require an exit clause.
Discussion ensued regarding use of photo enforcement across the nation with concerns
expressed that cameras will not solve problems related to drivers running red lights. It
was stated that drivers who do not run red lights would not receive tickets.
In response to questions, Police Chief Anthony Holloway said cameras would reduce
accidents and red light runners and be a more effective enforcement tool than
positioning officers at intersections when they could be patrolling other areas in the city.
It was stated poor behavior reappears once police surveillance ends. Police Chief
Holloway said safety is the issue, not money; the fine for police issued tickets is much
higher.
It was suggested to test cameras at one or two locations for six months, issuing only
warnings during the first month; Council will review data and determine whether to move
forward with additional locations or eliminate program.
Councilmember Bill Jonson moved to authorize the City to permit and
implement the use of traffic infraction detectors for red light infractions
pursuant to state law; authorize the appropriate officials to execute same. The
motion was duly seconded and upon the vote being taken:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, and Councilmember
Bill Jonson.
"Nays":Councilmember George N. Cretekos and Councilmember Paul
Gibson.
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Ordinance 8233-10 was presented and read by title only.
Councilmember George N. Cretekos moved to amend Ordinance 8233-10, Section
30.020, to read, "The purpose of this Ordinance is to curtail red light traffic violations in
the City of Clearwater." The motion was duly seconded.
In response to a concern, the City Attorney said purpose for legislating is for health,
safety, and welfare.
Upon the voted being taken, Councilmembers George N. Cretekos and Paul Gibson
voted "Aye"; Councilmember Bill Jonson, Vice Mayor John Doran and Mayor Frank
Motion failed.
Hibbard voted "Nay."
Vice Mayor John Doran moved to pass Ordinance 8233-10 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran and Councilmember Bill Jonson.
"Nays": Councilmember George N. Cretekos and Councilmember Paul Gibson.
Motion carried.
The Council recessed from 7:50 p.m. to 8:01 p.m.
8. Consent Agenda
8.1 Award a contract to MTM Contractors of Pinellas Park, Florida, for the Cleveland
Street Streetscape Phase II (08-0055-EN) construction in the amount of
$2,940,906.83, which is the lowest responsible bid received in accordance with
the plans and specifications, and authorize the appropriate officials to execute
same. (consent)
8.2 Approve the final plat for Country Club Townhomes, located on the south side of
Drew Street between North Betty Lane and Fredrica Drive. (consent)
8.3 Approve the supplemental engineering design services work order to Engineer of
Record, King Engineering Associates, Inc., in the amount of $38,406.00 for the
Water Reclamation Facilities Clarifier Evaluation and Rehabilitation Project (10-
0023-UT) and authorize the appropriate officials to execute same. (consent)
8.4 Approve extension of temporary lease between City of Clearwater and Bottlenose
Productions, Inc. for use of the Harborview Center in conjunction with the
production of the motion picture A Dolphins Tale, from December 15, 2010 until
January 15, 2011, and authorize the appropriate officials to execute same.
(consent)
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8.5 Authorize additional funding to Jeffrey Hinds of Bricklemyer, Smolker and Bolves
for legal representation in the cases of Divaco v. City, Szlechta v. City and
Rudman v. City (Beachwalk Cases), in the amount of $150,000. (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
9. Other Items on City Manager Reports
9.1 Approve the appropriation of $88,200 of unappropriated retained earnings from
the recommended list of funds to the departmental operating budgets to provide
for the disbursement of a $100-remuneration, less withholding, to each regular
full-time and part-time employee represented by Communications Workers of
America (CWA) Local 3179 who was employed in an active status as of October
26, 2010.
On September 23, 2010, an impasse hearing was conducted before City Council
to resolve the contractual wage reopener between the City and CWA Local 3179
for the period from October 1, 2009 through September 30, 2010. The City
presented the position that no wage increase should be provided for the subject
period. The Union presented the position that a one-time remuneration of $250
should be provided to all represented members for the subject period. City
Council, by a 3 to 2 vote, directed that each CWA represented employee be
provided a one-time remuneration of $100.00. The CWA conducted a ratification
vote and approved the Council decision by a vote of 100-65.
Funding for this item will be provided from the appropriation of retained earnings
of the related operating funds at first quarter as follows:
010 Gen Fund 37,800
402 Airpark 200
419 Stormwater 3,400
421 Water/Sewer 13,500
423 Gas 5,800
424 Solid Waste 9,900
426 Recycling 1,900
432 Marine 1,300
433 Boat Slip 400
435 Parking 2,700
555 Admin Svc 3,700
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565 Gen Services 4,000
566 Garage 3,600
Total: 88,200
Councilmember George N. Cretekos moved to approve the appropriation of $88,200 of
unappropriated retained earnings from the recommended list of funds to the
departmental operating budgets to provide for the disbursement of a $100-
remuneration, less withholding, to each regular full-time and part-time employee
represented by Communications Workers of America (CWA) Local 3179 who was
employed in an active status as of October 26, 2010. The motion was duly seconded
and carried unanimously.
Miscellaneous Reports and Items
10. City Manager Verbal Reports - None.
11. Other Council Action
11.1 Code changes requested for nonconforming uses, other.
As requested, the purpose of this agenda item is to provide Council a delineation
of specific changes to the Community Development Code (CDC) as requested by
Mr. Scott Bitman, owner of Cycle Masters, located at 3100 Gulf-to-Bay Boulevard.
At a meeting conducted by the City Manager, Mr. Bitman identified those items
that he felt precluded him from conducting the business activity as intended.
Council is already aware that in 2007, Mr. Bitman acquired the property and
commenced operations without benefit of requisite due diligence or by being
burdened with obtaining any authorization, approvals, or a business license. Mr.
Bitman did eventually submit an incomplete Flexible Development (FLD)
application on February 6, 2009; however the necessary information to make this
application complete was not submitted until October 7, 2009. After going before
the Development Review Committee (DRC) at its meeting of November 5, 2009,
the necessary revised plans were not resubmitted in order for the application to be
brought before the Community Development Board (CDB) until June 11, 2010.
Ultimately, on July 23, 2010, the CDB denied the development proposal. It is
noted that based upon the initial application date, this proposal would have been
able to be heard at the CDB meeting of April 21, 2009, had all materials been
submitted and revised by the applicant in a timely manner. As of October 28,
2010, the business has accrued fines of $118,250, which will ultimately constitute
a lien on the property. In addition, city staff has issued numerous notices to
appear before the Circuit Court for various infractions. Illegal storage and keeping
of inoperable vehicles has resulted in several being towed. At this point, the City
continues to issue notices to appear for various ongoing violations and intends to
City Council 2010-12-02 9
pursue further court action to the extent possible to have the illegal business
activity discontinued.
In response to questions, Mr. Delk said allowing outdoor display beyond the
Pinellas Trail would be difficult to regulate, especially with fewer inspectors.
Temporary permits allow outdoor display four times a year. Displays at the
subject property are limited to indoors. Mr. Delk said automobile dealership lots
that display vehicles are larger than the subject property. Dealerships abutting
residential neighborhoods are nonconforming uses, subject to a loss of that use.
In response to a concern that language requiring an earth tone color palette
constrains development, Mr. Delk said the criteria only affect businesses in
commercial districts that want outdoor display areas. The City Manager said
when the Code was adopted in 1998, the City was concerned that businesses
would paint their facilities with bright garish colors. The majority did not wish to
amend the color palette requirement.
Discussion ensued with concerns expressed that uses for the subject property are
extremely limited due to its unusual size and location. It was felt if the business
closes, the property would be derelict for a long time before it is purchased and
upgraded to meet Code. Mr. Delk said vehicle sales and service is a permitted
use if done inside. Redevelopment of the site will require a substantial
investment. As the property cannot meet minimum standards, a range of flexibility
is available. He said Mr. Bitman had not availed himself to make necessary
improvements, such as perimeter landscaping, pavement removal, reconfigured
driveways and access ways, removal of the canopy, façade improvements, and
interior renovations.
Mr. Bitman reviewed Code requirements that he felt are unfair. He said his due
diligence included obtaining a State license for the business before he purchased
the property. Mr. Bitman said he was willing to meet the City halfway.
In response to a question, Assistant Planning and Development Director Gina
Clayton said Mr. Bitman needs to present a plan that indicates how the property
will look; the City cannot plan the project.
It was recommended that Mr. Bitman hire an experienced architect or engineer
who has worked on projects in the City and is familiar with City Code.
Consensus was to make no changes to the Code.
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11.2 MPO Reapportionment Plan - Hibbard and Doran
It was stated that the City Council had acknowledged its support of the MPO
(Metropolitan Planning Organization) plan to unify the MPO and PPC (Pinellas
Planning Council). The MPO, established by the Florida Legislature, will be
independent from the County. The reapportionment plan would increase
membership from 11 to 13, diluting Clearwater’s influence.
Discussion ensued with concerns expressed that votes by small jurisdictions will
carry the same weight as Clearwater’s votes. It was reported that the main
argument supporting reapportionment is based on saving money by combining
PPC’s land use oversight with the MPO’s oversight of transportation. Concern
was expressed that the proposal has fundamental problems and is being adopted
too fast to make necessary alterations. The legislative delegation has requested
input.
Consensus was to request a resolution be prepared for December 16, 2010
meeting.
11.3 Discussion regarding regulation of amplified outdoor sound - Cretekos
Concern was expressed that efforts to limit noise when negotiating a development
agreement had failed; staff reported the City cannot adopt a resolution that
controls and limits outdoor music. It was recommended that staff review a
permitting process for outdoor music that allows the City to track violations and
place offenders on probation. It was stated that cities across the country use
permitting to limit noise.
Assistant City Attorney Rob Surette said a city ordinance prohibiting loud and
raucous noise carries the possibility of arrest. The City amended its ordinance to
limit noise violations in excess of specific decibel levels after a federal court
determined a noise ordinance had prohibited a business from engaging in future
speech. In response to a suggestion that the City consider more aggressive
enforcement of the ordinance, it was stated that businesses could determine that
violations are just a cost of doing business. The City Attorney said a permitting
process could not result in a permanent revocation if violations occur.
Discussion ensued with comments made that Clearwater beach is the only place
in the City where noise is an issue; atmospherics affect sound levels. Concern
was expressed that residents hesitate calling with noise complaints, as they are
required to identify themselves.
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It was felt this change would increase regulation when few problems exist. It was
stated if the City wants to limit noise in the future, restrictions must be included in
the development order.
The majority agreed that no action should be taken.
11.4 Transportation Strategy - Jonson
Discussion ensued regarding the need for City representatives on the PSTA
(Pinellas Suncoast Transit Authority) and MPO to discuss transportation
strategies.
Consensus was for the Mayor and Councilmember Jonson to discuss
transportation strategies at a special work session meeting, to be scheduled.
11.5 December 13. 2010 Work Session
Consensus was to schedule the December 13, 2011 Work Session and Pension
Trustees meetings to begin at 8:30 a.m.
Items not on the Agenda
It was requested the City Council discuss recreation fee changes for non-residents and
that staff review the cost of scanner cards to pay for tennis court lights. Staff was
directed to schedule discussion for December 13, 2010.
12. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
13. Adjourn
The meeting was adjourned at 10:02 p.m.
Mayor
City of Clearwater
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