05/05/2011
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
May 5, 2011
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City
Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk,
and Nicole Sprague - Official Records and Legislative Services
Coordinator.
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 - Rev. Pat Harney from the Church of Scientology
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Children's Book Week Proclamation, May 2-8, 2011 - Barbara Pickell,
Clearwater Library Director
4.2 National Public Works Week Proclamation, May 15-22, 2011 - Gary Johnson,
Public Services Director
4.3 Relay for Life Proclamation - Chris O'Grady, Advocacy Chair of the American
Cancer Society for Relay for Life 2011
4.4 Restaurant Week Proclamation, May 8-14, 2011 - Darlene Kole, President/CEO
Clearwater Beach Chamber of Commerce
City Council 2011-05-05 1
5. Approval of Minutes
5.1 Approve the minutes of the April 20, 2011 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the April 20, 2011 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
Bob Clifford, Clearwater Regional Chamber of Commerce President/CEO, thanked the
City for assembling the Clearwater Business Task Force as an effort to enhance the
business environment in the community and thanked the Mayor for presenting the key
to the City to Allegiant Airlines President Andrew Levy.
Mike Riordon thanked the City for looking into the pedestrian and cyclist safety
concerns regarding the East Avenue/Court Street intersection and suggested using
AmeriCorps volunteers to help direct traffic.
It was stated that the City will be contacting the Florida Department of
Transportation to discuss potential safety solutions.
Mary Margaret Jones and James Sanker expressed concerns regarding the City’s code
enforcement process and inspection services.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the applicant’s request to partially vacate a non-exclusive easement for
sidewalk, drainage, utilities, and for the parking of motor vehicles located on the
Clearwater Marine Aquarium property, 249 Windward Passage, as more
particularly described in the ordinance, authorize the appropriate officials to
execute same and pass Ordinance 8259-11 on first reading.
The applicant, Clearwater Marine Aquarium, Inc., is seeking approval of the
vacation to accommodate an expansion of the aquarium's facilities into an area of
the site presently a part of a sidewalk, drainage, utilities, access and parking
space easement.
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A flexible development case, FLD2011-02006, was approved by the Development
Review Committee on March 3, 2011 and is presently scheduled for review by the
Community Development Board on May 17, 2011.
Knology, Bright House, Progress Energy and Verizon have reviewed the request
and have no objections.
The vacation ordinance requires the applicant to meet three conditions or the
ordinance will be rendered null and void:
Owner shall obtain a Development Order issued pursuant to flexible development
case FLD2011-02006), and issuance of such Development Order will be
conditioned upon the Owner providing an exclusive easement providing twenty-
four (24) parking spaces (the Parking Easement) that are for the benefit of users
of the adjacent City-owned boat slips,
The Owner shall record the Parking Easement, and the Owner shall provide
pedestrian access from the parking spaces to the City-owned boat slips, and the
Parking Easement will subordinate of all rights, title, and claim the Aquarium
Property Mortgagee may have to the Parking Easement; however, should there
be an amendment to the site plan necessitating a relocation of any parking
spaces differing from the depiction in Exhibit B, the Parking Easement may be
amended upon City Council approval, and
Owner shall obtain a building permit for the proposed improvements as provided
for in approval of case FLD2011-02006 within two years of the date of issuance of
the above-referenced Development Order.
The Marine and Aviation Department has reviewed the request and has no
objections to the vacation as conditioned in the proposed ordinance.
In response to questions, Engineering Assistant Director Scott Rice said the vacation
does not vacate any boat slips and staff is unaware of any request to vacate boat slips.
Vice Mayor George N. Cretekos moved to approve the applicant’s request to partially
vacate a non-exclusive easement for sidewalk, drainage, utilities, and for the parking of
motor vehicles located on the Clearwater Marine Aquarium property, 249 Windward
Passage, as more particularly described in the ordinance, authorize the appropriate
officials to execute same. The motion was duly seconded and carried unanimously.
Ordinance 8259-11 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8259-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
City Council 2011-05-05 3
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8244-11 on second reading, amending the Firefighters
Supplementary Trust Fund to consolidate all prior ordinances and Code
provisions and to incorporate Federal law and the applicable provisions of
Chapter 175, Florida Statutes.
Ordinance 8244-11 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8244-11 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
8.2 Adopt Ordinance 8245-11 on second reading, amending the Police Officers
Supplementary Pension Trust Fund to consolidate all prior ordinances and Code
provisions and to incorporate Federal law and the applicable provisions of
Chapter 185, Florida Statutes.
Ordinance 8245-11 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8245-11 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
8.3 Adopt Ordinance 8260-11 on second reading, relating to Code of Ordinances
City Council 2011-05-05 4
Chapter 2, Administration, Article III, Appointed Authorities, Boards, Committees,
Division 1; amending Section 2.061, Application of Article; Definitions, to provide
for proof of residency.
Ordinance 8260-11 was presented and read by title only.
Vice Mayor George N. Cretekos said the proposed ordinance was brought forth to
clarify a dispute regarding who is a resident and who should be appointed to advisory
boards. Although Council has expressed that non-residents would not be appointed to
the Municipal Code Enforcement Board or the Community Development Board,
concerns have been raised regarding the limitation being included in the ordinance.
Vice Mayor George N. Cretekos moved to amend Ordinance 8260-11 by striking “…or
own property… or ownership of real property within city limits” in Section 2.061 2(b) and
adding subsection K to Section 2.063 to read: “City Council may appoint a person who
is a non-resident property owner or who is employed full-time within the city limits of
Clearwater to boards which serve a purely advisory role. This does not include the
Municipal Code Enforcement Board, Community Development Board, Pension Advisory
Board, Civil Service Board, Building-Flood Board of Adjustment and Appeals, or any
other board that has final decision making authority or that has specific residency
requirements as provided by law.” The motion was duly seconded.
In response to a question, the City Attorney said the Charter Review Committee is not
specified by law but can be added to the list.
The amendment was amended to include the Charter Review Committee.
One individual opposed appointing non-residents to the Community Development Board
and three individuals opposed allowing non-residents for advisory board appointments.
One individual requested Council action be deferred in order to review the proposed
amendment.
Discussion ensued with concerns expressed that a residency requirement may limit
candidates. It was stated that Council would give preference to Clearwater residents.
The City Attorney said the City has advisory boards that do not require residency and
are specified in the Clearwater Code of Ordinances.
Upon the vote being taken, Vice Mayor George N. Cretekos and Councilmember Bill
Jonson voted “Aye”; Mayor Frank Hibbard, Councilmembers John Doran and Paul
Gibson voted “Nay”.
Motion failed.
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Councilmember John Doran moved to amend Ordinance 8260-11 by striking “or owns
property…or ownership of real property within city limits…” from Section 2.061 2(b).
The motion was duly seconded and carried unanimously.
Councilmember Bill Jonson moved to adopt Ordinance 8260-11, as amended, on
second and final reading. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
9. Consent Agenda - Approved as submitted, less Item 9.4.
9.1 Authorize the sale of the City of Clearwater’s Voluntary Clean-up Tax Credits;
approve the City of Clearwater to enter into a tax service agency agreement with
Clocktower Tax Credits, LLC to manage the sale and transfer of ownership of
the Voluntary Clean-up Tax Credits; transfer the proceeds to the Clearwater
Community Redevelopment Agency and authorize the appropriate officials to
execute same. (consent)
9.2 Ratify and confirm six liability claims arising from one occurrence in an amount of
$158,798.67 and authorize the appropriate officials to execute same. (consent)
9.3 Accept a Natural Gas Easement over, under, across and through a portion of
Brooker Creek North, Plat Book 129, pages 74 through 78, Pinellas County,
Florida, conveyed by H/A Partners, Ltd., a Florida limited partnership, given in
consideration of receipt of $1.00 and the benefits to be derived therefrom.
(consent)
9.4 Approve the restated plan document pertaining to the Nationwide Retirement
Solutions 457 Governmental Plan and Trust Deferred Compensation Plan for
City employees, updating the plan document in accordance with administrative
changes as required by law and as recommended by Nationwide and authorize
the appropriate officials to execute same. (consent)
Staff pulled item.
9.5 Approve First Amendment to the Cooperative Funding Agreement between
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Southwest Florida Water Management District (SWFWMD) and the City of
Clearwater for the Glen Oaks/Palmetto Reclaimed Water Project (N095) and
authorize the appropriate officials to execute same. (consent)
9.6 Reappoint Barbara Green to the Brownfields Advisory Board in the resident
category with term to expire May 31, 2015.
9.7 Reappoint Lisa Hughes to the Neighborhood and Affordable Housing Advisory
Board with term to expire May 31, 2015.
Councilmember John Doran moved to approve the Consent Agenda as submitted, less
Item 9.4, 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 Amend Section 4.23 of the City of Clearwater Code of Ordinances, extending the
hours of operation at the Clearwater Airpark from 7:00 a.m. till 11:00 p.m., and
pass Ordinance 8258-11 on first reading.
On February 2, 2011, the Airpark Advisory Board unanimously approved a
motion recommending extending the hours of operation by two hours at the
Clearwater Airpark, from to 7:00 a.m. till 11:00 p.m.
This change eliminates the issue of adjusting the last take-off time to one hour
after sunset that has been in place since before runway lighting was installed.
The current hours of operation restricts the last take-off of the day to 5:50 p.m.
during winter months, and causes an undue restraint on the commerce of the
Airpark.
Of those interviewed, only two persons objected to extending the hours of
operation. These individuals live in the flight path of the Airpark.
The impact of this change will be reviewed and reported back to City Council in
one year or sooner if need be.
It should be noted that for Public Safety/Public Service, landings and departures
may be necessary at any time. This allows for medical evacuation, law
enforcement, Civil Patrol and other public safety concerns to utilize the airport
City Council 2011-05-05 7
when necessary. This is not only vital to public safety, but recommended by the
Florida Airports Council
In response to questions, Airport Operations Manager Gordon Wills said members of
the Airpark Advisory Board canvassed area residents to the south of the airpark; those
canvassed did not express any concerns. Airpark Advisory Board Chair Dennis Roper
reviewed canvassing efforts; individuals were asked if they were residents and if they
supported extending hours. Mr. Roper spoke to twelve individuals; one individual
opposed extending the hours, many had no opinion or did not care. Pilots who
frequently use the airpark are conscious of the noise imprint created during departures.
Mr. Roper said he did not anticipate many departures after 9:00 p.m., but having the
limitation would be disadvantageous in recruiting commercial business.
Four individuals spoke in support.
Councilmember Paul Gibson moved to amend Section 4.23 of the City of Clearwater
Code of Ordinances, extending the hours of operation at the Clearwater Airpark from
7:00 a.m. till 11:00 p.m. The motion was duly seconded and carried unanimously.
Concerns were expressed regarding lack of notice to surrounding property owners.
Staff was directed to hold an open house prior to the May 19, 2011 council meeting to
seek public input.
Ordinance 8258-11 was presented and read by title only. Councilmember John Doran
moved to pass Ordinance 8258-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
10.2 Amend Joint Participation Agreement (AOU60) between the City of Clearwater
and the State of Florida Department of Transportation to construct a new
corporate hangar at the Clearwater Airpark authorizing supplemental number 3
in the amount of $125,000, authorize the appropriate officials to execute same
and adopt Resolution 11-10.
The Florida Department of Transportation (FDOT) has agreed to provide 80%
reimbursable funding to include but not be limited to the design and construction
City Council 2011-05-05 8
of a 9,600 sq. ft. multi-plane hangar(s), storm water management in various
forms, security enhancement to include indoor and outdoor motion controlled
digital cameras recording to digital video recorders and new apron for air traffic to
gain access to the taxiway at the Clearwater Airpark.
Supplement number 3 increases the funding by $125,000, $100,000 in FDOT
funding and $25,000 in city funding. The total estimated project cost is $631,788.
FDOT will reimburse the City $505,431. Airpark reserves in the amount of
$25,000 will provide the match to the project agreement 94854.
Vice Mayor George N. Cretekos moved to amend Joint Participation Agreement
(AOU60) between the City of Clearwater and the State of Florida Department of
Transportation to construct a new corporate hangar at the Clearwater Airpark
authorizing supplemental number 3 in the amount of $125,000, authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
Resolution 11-10 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Resolution 11-10. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
10.3 Authorize additional funding under a new Joint Participation Agreement(AQ663),
between the City of Clearwater and the State of Florida Department of
Transportation to construct a new corporate hangar at the Clearwater Airpark
with funding in the amount of $75,000, authorize the appropriate officials to
execute same and adopt Resolution 11-11.
The Florida Department of Transportation (FDOT) has agreed to provide
additional funding for the design and construction of a 9,600 sq. ft. multi-plane
(corporate) hangar(s), storm water management in various forms, security
enhancement to include indoor and outdoor motion controlled digital cameras
recording to digital video recorders and new apron for air traffic to gain access to
the taxiway at the Clearwater Airpark. The scope also includes design activities
by City of Clearwater engineers, to mirror the design of the existing hangar.
City Council 2011-05-05 9
The total project funding will be $75,000; $60,000 in FDOT funding at 80% and
$15,000 in city funding at 20%. Airpark reserves in the amount of $15,000 will
provide the match to the project agreement (94854).
Councilmember Bill Jonson moved to authorize additional funding under a new Joint
Participation Agreement (AQ663), between the City of Clearwater and the State of
Florida Department of Transportation to construct a new corporate hangar at the
Clearwater Airpark with funding in the amount of $75,000, and authorize the appropriate
officials to execute same. The motion was duly seconded and carried unanimously.
Resolution 11-11 was presented and read by title only. Councilmember John Doran
moved to adopt Resolution 11-11. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
Miscellaneous Reports and Items
11. City Manager Verbal Reports - None.
12. Other Council Action - None.
13. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
14. Adjourn
The meeting was adjourned at 7:56 p.m.
Attest
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City Clerk
City Council 2011-05-05
Mayor
City of Clearwater
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