04/20/2011
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
April 20, 2011
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, Nicole Sprague – Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are agenda in 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. Dr. John Thompson, Countryside Christian Center
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given.
4.1 EMS Week Proclamation, May 15-21, 2011
4.2 Future of the Region Award - Chris Hubbard, Parks and Recreation
Recreation Specialist Christopher Hubbard presented Council with the Future of the
Region Culture and Sports Award for the Sculpture 360 program.
5. Approval of Minutes
5.1 Approve the minutes of the April 7, 2011 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the April 7, 2011 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
Council 2011-04-20 1
6. Citizens to be Heard re Items Not on the Agenda
Mike Charles, Fifth Third Bank representative, expressed concerns with Cleveland
Streetscape Project notification process and inability for traffic traveling east to make a
left-hand turn into the business.
Kami Corbett, counsel for Fifth Third Bank, expressed concerns with notification
process of Cleveland Streetscape and said client wishes to work with the City to
maintain left-hand turn into the business, while keeping nature of streetscape.
Economic Development and Housing Director Geri Campos Lopez reviewed the
notification process and efforts to engage Fifth Third Bank in the public meeting
process. Notices were sent May 5, 2010 to the local bank and the Processing Division
via certified mail/return receipt. Ms. Campos Lopez said service was obtained on
notices addressed to both locations.
It was stated that many efforts were made to engage the business and community with
the process.
Joe Paige urged Council to maintain current Greenprint schedule and public hearing
plans.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Continue to May 5, 2011: Approve the applicant's request to vacate a portion of
the non-exclusive easement for sidewalk, drainage, utilities, access and for the
parking of not more than 22 motor vehicles located on the Clearwater Marine
Aquarium property, (249 Windward Passage), as more particularly described in
the ordinance, and pass Ordinance 8259-11 on first reading.
The applicant, Clearwater Marine Aquarium, Inc., is seeking approval of a
vacation request 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 22-
parking space easement.
A flexible development case, FLD2011-02008, was approved by the Development
Review Committee on March 3, 2011 and will be reviewed by the Community
Council 2011-04-20 2
Development Board on April 19, 2011. The vacation ordinance includes one
condition requiring the applicant to obtain a building permit for the construction
proposed in the related flexible development application within one year of the
date of adoption of the vacation ordinance.
Vice Mayor George N. Cretekos moved to continue Item 7.1 to May 5, 2011. The
motion was duly seconded and carried unanimously.
8. Consent Agenda
8.1 Declare the 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)
8.2 Approve settlement of the workers compensation claim of Michael Calhoun, in
the amount of $30,000, and authorize the appropriate officials to execute same.
(consent)
8.3 Authorize a dollar amount not to exceed $1,000,000 in funding to the United
States Army Corps of Engineers (USCOE) for Clearwater Pass Maintenance
Dredging from General Fund reserves, and establish capital project 315-93414,
Clearwater Pass Maintenance Dredging. (consent)
8.4 Approve a 20-year lease agreement with Clearwater Golf Club, LLC (CGC) from
May 1, 2011 to April 30, 2031 to maintain and manage the operations of the
Clearwater Country Club (CCC) located at 525 Betty Lane North and authorize
the appropriate officials to execute same. (consent)
8.5 Accept a Drainage and Utility Easement over, under, across and through a
portion of the Southeast 1/4 of Section 9, Township 29 South, Range 15 East
conveyed by Clearwater Basin Marina, LLC, a Delaware limited liability
company, given in consideration of receipt of $10.00 and the benefits to be
derived therefrom. (consent)
8.6 Approve the final plat for Arbor Shoreline, whose physical address is 19321 U.S.
Highway 19, located on the East side of U.S. 19 and just north of the intersection
of Harn Boulevard and U.S. Highway 19. (consent)
8.7 Award three-year contracts to DeAngelo Brothers Inc./Aquagenix in the amount
of $115,203.50 for lake and pond maintenance and to Aquatic Systems for
mitigation site and wetland maintenance in the amount of $169,083.39 and
authorize the appropriate officials to execute same. (consent)
8.8 Approve a settlement agreement settling the case of Tampa Bay ADA, Inc. v.
City of Clearwater, Case: 8:05-1786-T-27TGW. (consent)
Council 2011-04-20 3
Councilmember John Doran 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
9. Other Items on City Manager Reports
9.1 Amend the City of Clearwater Firefighters Supplemental Trust Fund as prepared
by the Law Offices of Christiansen and Dehner, P.A. and pass Ordinance 8244-
11 on first reading.
With the adoption of the Pension Protection Act of 2006 and subsequent
regulations and guidance from the Internal Revenue Service, as well as other
changes to the Internal Revenue Code and Regulations, changes to State law
and the recent adoption of Chapter 2009-97, Laws of Florida, the following
amendments to the pension plan are proposed.
Section 2.441, Definitions, is being amended for changes to the Uniformed
Services Employment and Reemployment Rights Act (USERRA), to amend the
definitions of:
Annual additions – deleted
Compensation – deleted
Credited Service – USERRA
Family member of highly compensated employee – deleted
Firefighter – clarified
Highly compensated employee – deleted
Section 2.443, Board of trustees Creation, members, is being amended to
increase the terms of office for the members of the board from two years to four
years. This is an optional proposed change.
Section 2.444, Board of trustees Powers and duties, is being amended to change
the individual debt securities restriction from a rating of "BBB" or higher
classification to an average rating for the entire portfolio of "A" or higher
classification. This section is also being amended to limit the aggregate of the
fund's investments in common or capital stock or convertible securities to 65% of
the fund's assets at market value and to allow the fund to invest up to 25% of the
fund's assets at market value in foreign securities, as required by Chapter 185,
Florida Statutes.
Section 2.447, Allocations of contributions, is being amended to comply with IRC
changes regarding maximum pension.
Council 2011-04-20 4
Section 2.448, Benefits under the plan, is being amended to add subsection (1)d.,
Required Distribution Date. – IRC
Section 2.451, Direct transfer of eligible rollover distributions, is being amended to
comply with IRC changes.
Section 2.452, Forfeiture of pension, is being amended to include a recent
amendment to Section 112.3173, Florida Statutes, which is applicable to all
Florida pension plans.
Section 2.453, Qualification of system, is being amended for changes to the IRC,
USERRA and Chapter 175, Florida Statutes, general compliance language.
Section 2.454, Exemption from execution, non-assignability, is being amended to
add the requirement that members who are involved in a divorce will provide a
copy of the proposed court order to the Board for review prior to submitting it to
the Court. This review will avoid the entry of an order requiring the plan to make
payments to an ex-spouse, which are not legally permissible and avoid possible
expenses to the Board in seeking the repeal of any such orders.
Councilmember Paul Gibson moved to amend the City of Clearwater Firefighters
Supplemental Trust Fund as prepared by the Law Offices of Christiansen and Dehner,
P.A. The motion was duly seconded and carried unanimously.
Ordinance 8244-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8244-11 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.
9.2 Amend the City of Clearwater Police Officers Supplemental Trust Fund as
prepared by the Law Offices of Christiansen and Dehner, P.A. and pass
Ordinance 8245-11 on first reading.
With the adoption of the Pension Protection Act of 2006 and subsequent
regulations and guidance from the Internal Revenue Service, as well as other
changes to the Internal Revenue Code and Regulations, changes to State law
Council 2011-04-20 5
and the recent adoption of Chapter 2009-97, Laws of Florida, the following
amendments to the pension plan are proposed:
Section 2.471, Definitions, is being amended for Internal Revenue Code (IRC)
changes, to amend the definitions of:
Distributee
Direct rollover
Eligible retirement plan
Eligible rollover distribution
Section 2.472, Entitlement; allocation, is being amended to comply with IRC
changes.
Section 2.473 - Board of trustees - Creation; members, is being amended to
increase the terms of office for the members of the board from two years to four
years. This is an optional proposed change.
Section 2.474, Board of Trustees--Power and authority, is being amended to limit
the aggregate of the fund's investments in common or capital stock or convertible
securities to 65% of the fund's assets at market value and to allow the fund to
invest up to 25% of the fund's assets at market value in foreign securities, as
required by Chapter 185, Florida Statutes.
Section 2.476, Separation benefits, is being amended to add subsection (3),
Required distribution date.
Section 2.480, Direct transfers of eligible rollover distributions, is being amended
by adding new subsections to eliminate mandatory distributions to comply with the
Tax Equity and Fiscal Responsibility Act.
Section 2.480.1, Forfeiture of pension, is being added.
Section 2.480.2, Miscellaneous provisions, is being added.
Section 2.480.3, Domestic relations orders; Exemption from execution, non-
assignability, is being added.
Section 2.480.4, Beneficiaries, is being added.
Councilmember John Doran moved to amend the City of Clearwater Police Officers
Supplemental Trust Fund as prepared by the Law Offices of Christiansen and Dehner,
P.A. The motion was duly seconded and carried unanimously.
Council 2011-04-20 6
Ordinance 8245-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to pass Ordinance 8245-11 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.
9.3 Amend the Code of Ordinances, Section 2.016, Application of Article and
Definition, to define acceptable forms as proof of residency and pass Ordinance
8260-11 on first reading.
On March 17, 2011, Council approved the following policy as it relates to advisory
boards: where there is a residency requirement, one of the following forms will be
accepted as proof of residency: - registered voter within city limits, or- own real
property in the city, or - valid State of Florida Driver's License issued to an
address within city limits, or- a Declaration of Domicile affirming residency within
city limits.
Councilmember Paul Gibson moved to amend the Code of Ordinances, Section 2.016,
Application of Article and Definition, to define acceptable forms as proof of residency.
The motion was duly seconded and carried by general consent.
Councilmember Bill Jonson moved to amend the ordinance by striking “… or ownership
of real property within city limits.” Councilmember Jonson thought the ownership of
property was limited to homestead properties. The motion was duly seconded.
The City Attorney suggested defining resident as someone who resides or owns
property within the city.
Discussion ensued regarding broadening scope of residency requirements. It was
stated that Council has discretion on advisory board membership.
Upon the vote being taken, Councilmember Bill Jonson voted “Aye”; Mayor Frank
Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, and
Councilmember Paul Gibson voted “Nay.”
Motion failed.
Council 2011-04-20 7
Councilmember John Doran moved to amend Section 2.061(2)(b), “Resident means a
natural person who resides or owns property within the City of Clearwater.” The motion
was duly seconded. Mayor Frank Hibbard, Vice Mayor George N. Cretekos,
Councilmember John Doran, and Councilmember Paul Gibson voted “Aye”;
Councilmember Bill Jonson voted “Nay.”
Motion carried.
Ordinance 8260-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to pass Ordinance 8260-11 on first reading, as amended. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, and Councilmember Paul Gibson.
"Nays": Councilmember Bill Jonson.
Motion carried.
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 The Future of our Water Presentation - Tracy Mercer, Public Utilities Director
Public Utilities Director Tracy Mercer provided a power point presentation. The vision
and mission of the Public Utilities Department is to provide high-quality water,
wastewater treatment and reclaimed water; protect public health; protect the natural and
coastal environment; preserve drinking water sources and maintain infrastructure in the
most cost effective manner. Ms. Mercer reviewed the per capita water use and average
daily demand for 2010 and strategies to manage rising cost of water.
In response to questions, Ms. Mercer said the City reported using 81 GPD (gallons per
day) per capita in 2010 and Pinellas County reported using 67 GPD per capita. Ms.
Mercer was unaware of how Pinellas County calculated the per capita water use. Staff
anticipates 3 million GPD for groundwater replenishment. If the City does not take a
proactive approach to manage the cost of water, the cost to residents for water will be
approximately $54 million in 2038; the wellfields/reverse osmosis expansion and
wastewater treatment plant addition will provide a $20 million-cost savings to residents.
Staff was directed to provide more information regarding the cost assumptions used by
Pinellas County.
Council 2011-04-20 8
Ms. Mercer provided an update regarding a treatment technique (TT) violation at the
city’s Reverse Osmosis Water Treatment Plant 1. The TT violation is listed as non-
critical but requires public notification since it has the potential to have adverse effects
on human health. The violation occurred on March 22, 2011 and involved one of three
chloride residual monitoring locations within the plant. One of the locations failed to
meet the minimum chlorine residual for more than four hours. No water was delivered
to the public without disinfection meeting acceptable levels according to established
standards for drinking water. Ms. Mercer said sampling of the City of Clearwater water
system has not indicated the presence of bacterial or viral contamination.
Concern was expressed that Council was not made aware of the TT violation sooner. It
was suggested that staff provide Council with information regarding future potential
incidents.
10.2 Sand Dune Regulation
Environmental Manager Ed Chesney reviewed a pictorial history of sand dunes on
North Clearwater Beach and said the Florida Department of Environmental Protection
(FDEP) has expressed a willingness to delegate partial authority for sand dune
regulation. FDEP requires a formal request from the City by ordinance. The city must
also have the staff and financial resources needed to enforce dune regulation.
Environmental Advisory Board (EAB) member Mike Engelmann said the EAB discussed
the issue at today’s meeting and supported the City pursuing an ordinance for partial
delegation on the issue of alteration or destruction of sand dunes.
Assistant City Attorney Leslie Dougall-Sides said the city must submit a letter requesting
the delegation to the Bureau of Beaches and Coastal Systems, accompanied by the
regulatory scheme and enforcement plan, and a proposed delegation agreement. Ms.
Dougall-Sides said the City must state how the city proposes to fund and staff the
program.
In response to questions, Mr. Chesney said he was not aware of any complaints
regarding the destruction or alteration of sand dunes on Sand Key. Signage identifying
sand dunes as vegetation projects and requesting visitors to stay off have not been
placed in North Clearwater Beach. Mr. Chesney said some property owners on North
Clearwater Beach have manicured property to maintain a walkway, not allowing dunes
to grow. Some condominiums and hotels have permits to rake property.
Discussion ensued with concerns expressed regarding costs associated with
enforcement efforts. Ms. Dougall-Sides said that once a violation was documented,
according to the delegation agreement with the state, the case could be heard either at
the county court level or by the City’s Municipal Code Enforcement Board. The
Council 2011-04-20 9
ordinance would cover private and government property. Assistant City Manager Jill
Silverboard said the state would have final say in the remediation plan.
One individual spoke in support of the City requesting delegation from FDEP.
Assistant City Manager Jill Silverboard said staff has undertaken a series of notification
efforts to educate the public on sand dunes, which included a utility stuffer last month.
Vice Mayor George N. Cretekos moved to place signage on North Clearwater Beach
that identifies sand dunes as vegetation projects and requests visitors to stay off. The
motion was duly seconded.
In response to a question, Assistant City Manager Jill Silverboard said the Parks and
Recreation Department obtains maintenance permits to rake public access points. Mr.
Chesney said a permit may be needed to install the signs.
Vice Mayor George N. Cretekos withdrew the motion.
Councilmember Bill Jonson moved to send certified letters to beach property owners
informing them of the requirements to protect sand dunes and place signage informing
visitors of sand dunes at public access points on North Clearwater Beach. The motion
was duly seconded and carried unanimously.
11. Other Council Action
11.1 Recommend that the Board of County Commissioners deny the application to
install a zipline in Sand Key Park and adopt Resolution 11-12.
It was suggested that the resolution be amended to read, “The City Council of the City
of Clearwater hereby unanimously recommend…”
Discussion ensued with concerns expressed regarding taking a position on an activity
where the City has no jurisdiction and opposing a proposal prior to viewing the full plan.
It was stated that the community has asked the Council to take a position.
Councilmember Paul Gibson moved to recommend that the Board of County
Commissioners deny the application to install a zipline in Sand Key Park. The motion
was duly seconded and carried unanimously.
Councilmember Paul Gibson moved to amend the resolution to read, “The City Council
of the City of Clearwater hereby unanimously recommend…” The motion was duly
seconded and carried unanimously.
Council 2011-04-20 10
Resolution 11-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 11-12 as amended. 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.
12. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events and offered condolences to
survivors of Freda Turner.
13. Adjourn
The meeting was adjourned at 8:36 p.m.
Attest
Mayor
City of Clearwater
City Clerk V---,4
7R?
e
Council 2011-04-20 11