11/04/2010
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 4, 2010
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and
Councilmember Bill Jonson.
Also William B. Horne II - City Manager, Jill Silverboard - Assistant City Manager,
present: Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, and
Rosemarie Call - City Clerk.
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 Ken Link of Lakeview Baptist Church
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Service Awards
Four service awards were presented to city employees.
4.2 Jazz Holiday Presentation
Jazz Holiday Foundation President Steve Weinberger thanked Council for its
continued support and presented the Mayor with a framed poster signed by the
featured artists.
4.3 Suncoast Dixieland Jazz Classic Weekend Proclamation - November 19-21,
2010
4.4 World Town Planning Day Proclamation - November 8, 2010
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4.5 United Way Month Proclamation - November 2010
5. Approval of Minutes
5.1 Approve the minutes of the October 21, 2010 City Council Meeting as submitted
in written summation by the City Clerk.
Vice Mayor John Doran moved to approve the minutes of the October 21, 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
Detlef Zielinski and John Palumbo expressed concerns with the aesthetics of parking lot
adjacent to the 440 West condominiums.
Staff was directed to contact the property owner to discuss intentions and
timeline, determine reasonable improvements, and agenda discussion after speaking
with the property owner.
Suzanne Boschen requested Council assistance regarding noise levels of adjacent
property.
Staff was directed to draft a letter to the property owner regarding concerns.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve amendments to the Clearwater Comprehensive Plan pertaining to the
annual update of the Capital Improvements Element demonstrating the continued
financial feasibility of the city’s comprehensive plan and pass Ordinance 8181-10
on first reading.
An annual update of the comprehensive plan Capital Improvements Element is
required by Florida Statute to demonstrate the city’s financial ability to maintain
public facilities identified in the comprehensive plan at the adopted level of service
standards.
The updated Capital Improvements Element recognizes capital projects listed in
the City of Clearwater Six-Year Capital Improvement Program (CIP) adopted on
September 22, 2010, as well as the five-year work programs of the Pinellas
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County School District, Pinellas County Metropolitan Planning Organization and
Florida Department of Transportation.
The proposed changes to the Capital Improvements Element are in accordance
with sections 163.3177(2) and 163.3177(3)(b) 1., Florida Statutes, and Section
9J-5.011, Florida Administrative Code and are described in the following:
Capital Improvements Element Needs Summary: Revised to describe relevant
capital projects and their respective funding sources from the city’s recently
adopted CIP.
Goals, Objectives and Policies: Indicates current fiscal year in reference to
"Annual Update to the Capital Improvements Element" (Policy I.1.1.2).
Adopts by reference projects listed in the Florida Department of Transportation
Five Year Work Program, 2011-2015. (Policy I.1.1.11).
Adopts by reference projects listed in the Pinellas County Metropolitan Planning
Organization Transportation Improvement Program, FY 2010/11-2014/15 (Policy
I.1.1.12).
Extends date by which the city will review the impact fee structures from 2010 to
2014 (Policy I.1.4.2).
Indicates the currently adopted timeframe for the Pinellas County School District
Five-Year Work Program, FY 2010/11 through FY 2014/15 (Policy I.1.7.6).
Fiscal Year 2010/11 Annual Update to the Capital Improvements Element:
Revised to include an updated level of service analysis for the concurrency-
related public facilities identified in the comprehensive plan; a five-year CIP
expenditure summary and a five-year CIP revenue summary.
Staff evaluated the proposed amendment pursuant to Community Development
Code Section 4-603(F) and finds that the amendment is consistent with the code
and furthers the implementation of the comprehensive plan.
The Community Development Board reviewed and unanimously recommended
approval.
Councilmember Paul Gibson moved to approve amendments to the Clearwater
Comprehensive Plan pertaining to the annual update of the Capital Improvements
Element demonstrating the continued financial feasibility of the city’s comprehensive
plan. The motion was duly seconded and carried unanimously.
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Ordinance 8181-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8181-10 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.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8153-10 on second reading, amending the Code of Ordinances,
Appendix A, Schedule of Fees, Rates and Charges, Section XXVI, Clearwater
Gas System Fees, Rate, and Charges, to revise rates for Clearwater Gas System
Customers; amending the Code of Ordinances, Section 32, Article VII, Gas.
Ordinance 8153-10 was presented and read by title only. Vice Mayor John Doran
moved to adopt Ordinance 8153-10 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 8212-10 on second reading, amending provisions of Code of
Ordinances Chapter 29, Article II, Business Tax Receipts to exclude the
profession of attorneys from any provisions in this article that regulate attorney
conduct or the practice of law.
Ordinance 8212-10 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Ordinance 8212-10 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.
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9. Consent Agenda
9.1 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 the appropriate officials to execute same.
(consent)
9.2 Re-appoint Harvey Huber to the Board of Trustees, Clearwater Police
Supplementary Pension Fund, for a two-year term expiring November 1, 2012.
(consent)
9.3 Approve a contract (purchase order) to Advanced Public Safety, Inc. (APS),
located in Deerfield Beach, Florida, for traffic crash reporting software, in the
amount of $101,358.75, for the period January 1, 2011 through December 31,
2011and authorize the appropriate officials to execute same. (consent)
9.4 Approve an agreement with the Board of Trustees of St. Petersburg College for
provision of additional training for the Clearwater Area Task Force on Human
Trafficking, from November 5, 2010 through September 30, 2011, and authorize
the appropriate officials to execute same. (consent)
9.5 Authorize settlement of Sprint/Nextel Frequency Reconfiguration Agreement
mediation involving the Federal Communications Commission’s mandatory re-
banding of the city’s public safety radio frequencies, by allocating $100,000 from
the Garage Fund retained earnings as the City’s contribution to the settlement and
authorize the appropriate officials to execute same. (consent)
9.6 Award a Contract (purchase order) for the 2010 Street Resurfacing Contract (10-
0022-EN) to R.E. Purcell Construction of Largo, Florida for the sum of
$1,482,700.23, which is the lowest responsible bid, received in accordance with
the plans and specifications and authorize the appropriate officials to execute
same. (consent)
9.7 Approve First Amendment to the Cooperative Funding Agreement between the
Southwest Florida Water Management District (SWFWMD) and the City of
Clearwater for the Skycrest Reclaimed Water Project (L695) and authorize the
appropriate officials to execute the same. (consent)
9.8 Ratify and confirm a contract between Camp Dresser and McKee, Inc. (CDM) and
the City of Clearwater to provide services as previously approved for engineering
design and permitting of the Reverse Osmosis Plant 1 Expansion Project (09-
0018-UT) and authorize the appropriate officials to execute same. (consent)
9.9 Approve a work order to Reiss Engineering, Inc. (EOR) for the preliminary
evaluations, pilot testing, design, permitting, and bidding of a new brackish
reverse osmosis water treatment plant at Water Treatment Plant 2, in the amount
of $3,445,449.00, and authorize appropriate officials to execute the same.
(consent)
9.10 Award a contract (purchase order) to Volt Telecom of Clearwater, Florida, in the
amount of $2,836,091.85 for construction of the Glen Oaks/Palmetto Reclaimed
Water Project 08-0043-UT, which is the lowest responsible bid received in
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accordance with the plans and specifications for this project; approve a Work
Order in the amount of $354,272.00 to URS Corporation, an Engineer-of-Record
for the City of Clearwater, to provide Construction Engineering and Inspection
(CEI) Services and authorize the appropriate officials to execute same. (consent)
9.11 Approve a Work Order to Cumbey and Fair, Inc. (Engineer of Record) to provide
engineering design and permitting services for the Myrtle Avenue/Seminole Street
North East Outfall Improvements Project in the amount of $223,402.80 and
authorize the appropriate officials to execute same. (consent)
9.12 Reappoint Vice Mayor John Doran to the Pinellas Planning Council, as the city’s
representative, with term effective January 1, 2011 through December 31, 2012.
9.13 Appoint Sue A. Johnson and Duane Schultz to the Municipal Code Enforcement
Board with terms to expire October 31, 2013.
9.14 Reappoint Herbert W. McLachlan as the citizen representative to the Pension
Investment Committee for a two-year term to expire October 31, 2012.
Councilmember George N. Cretekos moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Authorize the negotiated sale of not to exceed $50,000,000 of Water and Sewer
Revenue Refunding Bonds, Series 2010 and adopt Resolution 10-25.
Currently there is outstanding $51,105,000 of Water and Sewer Revenue Bonds,
Series 2002, with interest rates ranging from 4 to 5%. Recent bond market
conditions suggest the City may have an opportunity to refinance all or a portion
of these bonds in the near future to achieve an acceptable present value savings
in accordance with the city’s debt management policy.
The debt management policy states, "As a general rule, the present value savings
of a particular refunding should exceed 5%." Due to the relatively large size of this
potential refunding, the sale resolution authorizes a minimum net present value
savings of 4%.
This resolution authorizes the negotiated sale of not to exceed $50,000,000 of
Water and Sewer Revenue Refunding Bonds, Series 2010, and authorizes
awarding the sale to Wells Fargo Bank and the co-managers selected by the City.
Only the amount of bonds needed to refund all or a portion of the outstanding
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balance of the City’s Water and Sewer Revenue Bonds, Series 2002, and
associated issuance costs, will be issued.
In anticipation of the refunding, the City recently requested ratings for the
refunding bonds from the three major ratings agencies and conducted ratings
presentations. Moody’s Investor Services, Standard and Poor’s, and Fitch Ratings
all affirmed their prior ratings of Aa3, AA-, and AA-, respectively, for the Water and
Sewer bonds.
Councilmember Paul Gibson moved to authorize the negotiated sale of not to exceed
$50,000,000 of Water and Sewer Revenue Refunding Bonds, Series 2010. The motion
was duly seconded and carried unanimously.
Resolution 10-25 was presented and read by title only. Councilmember Bill
Jonson moved to adopt Resolution 10-25. 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 Amend Section 2.263(1), Code of Ordinances, to provide for no salary increase
for the mayor and councilmembers in 2011 and pass Ordinance 8227-10 on first
reading.
The salaries of the City Council are set forth in Section 2.263(1), along with
provisions for annual cost of living increases. The Council has determined not to
receive cost of living increases this year.
Ordinance 8227-10 amends Section 2.263(1) to allow the mayor and
councilmembers to forego automatic cost of living increases in 2011.
Vice Mayor John Doran moved to amend Section 2.263(1), Code of Ordinances, to
provide for no salary increase for the mayor and councilmembers in 2011. The motion
was duly seconded and carried unanimously.
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Ordinance 8227-10 was presented and read by title only. Councilmember George N.
Cretekos moved to pass Ordinance 8227-10 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.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Approved Utilities Rate Increases
The City Manager reviewed the history of utility rate increases. City Council adopted
the planned Water and Sewer rate increases on June 19, 2008: October 1, 2010 - 7%
increase; October 1, 2011 - 6% increase, and October 1, 2012 - 6% increase. The most
recent sufficiency analysis completed by consultant Burton and Associates in June 2009
confirmed the adopted rates.
On June 20, 2007, Council adopted the Solid Waste and Recycling rate increases:
October 1, 2007 - 5% rate increase for solid waste (residential and commercial) and 3%
rate increase for recycling (residential, multi-family and commercial); October 1, 2008 -
4.5% rate increase for roll-off rates. There are no more planned rate increases for solid
waste or recycling in future years. The City will be performing a rate study and
reviewing the revenue sufficiency of these funds in the Spring of 2011.
On June 19, 2008, the City Council adopted the planned Stormwater rate increases:
October 1, 2011 - 4.25% rate increase and October 1, 2012 - 4.25% rate increase. The
most recent sufficiency analysis completed by consultant Burton and Associates in June
2010 confirmed the adopted rates.
In response to questions, the City Manager said the rates are designed to provide
enough revenue needed to maintain infrastructure. The revenue sufficiency analysis is
performed between rate studies. The city is operating under Council mandate to charge
the lowest rate possible. Staff makes all efforts to ensure that objective is met.
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11.2 Co-Sponsored Events
The City Manager said staff received a request from the Clearwater Regional Chamber
of Commerce for additional funding to enhance activities for the Outback Bowl. Council
has approved $2,260 for the event. The Chamber is requesting $14,615 for additional
costs.
In response to questions, Clearwater Regional Chamber of Commerce representative
Kathleen Peters said the request will enhance marketing exposure related to the
Outback Bowl. The Chamber is participating in event activities in Pinellas and
Hillsborough counties. Ms. Peters said the float is a critical element this year as the
event is expected to receive national and international media coverage. The Chamber
will evaluate the float’s effectiveness to determine if it is needed next year.
Discussion ensued with comments supporting the economic impact the event will have
on local tourist industry. It was stated that the event will highlight that Clearwater beach
was not been impacted by the oil spill.
Councilmember Paul Gibson moved to approve the request for additional
funding for the Clearwater Regional Chamber of Commerce for the Outback
Bowl, in the amount of $14,615 from Retained Earnings. The motion was duly
seconded and upon the vote being taken:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember
George N. Cretekos, Councilmember John Doran, and
Councilmember Paul Gibson.
"Nays":Councilmember Bill Jonson.
Motion carried.
12. Other Council Action - None.
13. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
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14. Adjourn
The meeting was adjourned at 7:16 p.m.
__________________________________
Mayor
City of Clearwater
Attest
___________________________________
City Clerk
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