07/21/2011 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
July 21, 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, 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 — Pastor Bob Brubaker from Christ Community Presbyterian
Church
3. Pledge of Allegiance — Mayor Frank Hibbard
4. Presentations — Given.
4.1 Service Awards
Three service awards were presented to city employees. The July 2011 Employee of
the Month Award was presented to Thomas Murphy, Traffic Operations.
4.2 Certificate presentations to Valedictorian and Salutatorians from Clearwater High
Schools
Certificates were presented to Madeleine Turcotte, Zane Rubaii, Christina Ford, Aubrey
Danielson, Sophie Newman, Christopher Adan, and Alex Nguyen.
4.3 End of Legislative Session Report - Representative Jim Frishe
5. Approval of Minutes
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5.1 Approve the minutes of the June 14, 2011 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the June 14, 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
Andrew Loomis expressed concerns regarding pension plan funding requirements.
Joe Paige opposed efforts to enforce short-term rentals on the beach.
Steve Sarnoff supported efforts to enforce short-term rentals on the beach.
Alma Bridges, Ralmedge Rutledge and Wade Clark requested the City to provide
funding for the Martin Luther King, Jr. Center.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the City of Clearwater's Fiscal Year 2011-16 Five-Year Consolidated
Plan and Fiscal Year 2011-12 Action Plan, to carry forward the goals and
objectives set forth in the Plan, as required by HUD, authorize the City to enter
into agreements with organizations contained in the Fiscal Year 2011-12
Consolidated Action Plan, and authorize the appropriate officials to execute
same.
The U.S. Department of Housing and Urban Development (HUD) requires
communities that receive entitlement Community Development Block Grant
Program (CDBG) and HOME Investment Partnership Program (HOME) funding to
prepare a comprehensive five (5) year consolidated planning document that
evaluates the needs of the community and sets forth strategies to address those
needs. The Fiscal Year 2011-16 Consolidated Plan responds to identified needs
and continues prior Consolidated Plan activities. The Plan includes an executive
summary, community profile, strategic plan, annual action plan, citizen
participation plan and an analysis of fair housing and certifications. The
community profile and the strategic plan are the two major components of the
document. The community profile identifies the demographics and the strategic
plan identifies the needs and how they are going to be addressed.
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HUD establishes three main goals to develop viable communities. They include
providing housing, a suitable living environment and economic opportunities. In
addition to the main goals, HUD has also established five areas in which
participating jurisdictions must include to reach their main goals. They include
housing, homeless, non-homeless and special needs, community services and
facilities, and economic development. The City of Clearwater goals identified
through its consolidated planning process include:
• Housing Goal: Provide availability and accessibility to decent housing to the
low to moderate-income families in the City of Clearwater.
• Homeless Goal: Help to prevent and reduce homelessness within the City of
Clearwater.
• Non-Homeless and Special Needs Goal: Expand the accessibility and
coordination of social services to the City of Clearwater special needs
population.
• Community Development and Public Services/Facilities Goal: Enhance the
living environment for persons in low to moderate-income areas through public
improvements activities, public service programs and the elimination of blight.
• Economic Development Goal: Support programs that create economic
opportunities throughout the City of Clearwater with special emphasis given to
areas and persons of low to moderate-income.
In addition, the City is required to create and implement an annual action plan
identifying the sources and uses of federal money for housing, community and
economic development. This annual plan, referred to as a Consolidated Action
Plan, provides HUD with the City's housing, community and economic
development budget and proposed expenditures based on the entitlement funds
and estimated program income that the City will receive in the upcoming fiscal
year to meet the goals established in the Five-Year Plan.
Funds are used to develop viable communities and sustain existing ones. In
addition, the funds will be used to provide safe, decent and affordable housing to
assist extremely low to moderate-income households. This year's Action Plan
allocates federal funds to provide housing opportunities to extremely low to
moderate-income households for new and existing homes, construction and/or
renovation of public facilities, and to fund public services programs.
In Fiscal Year 2011-12, the City is estimated to receive federal funds in the
amount of$838,241 through the Community Development Block Grant (CDBG)
and $500,323 through the HOME Investment Partnership Program HOME). The
total Fiscal Year 2011-12 allocation budget is $1,338,564. Funds provided through
the HOME Program are limited to housing-related activities and administration.
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Funds provided through the CDBG Program may be used for housing, community
and economic development, public services and facilities, acquisition, relocation,
demolition, and administration. Additional funding for the Fiscal Year 2011-12
budget will come from estimated program income funds and un-programmed prior
year CDBG, HOME, SHIP and Pinellas County Housing Trust funds (loan
repayments, loan payoffs, recaptured funds, etc). Other funds may include those
from the Neighborhood Stabilization Program 3 (NSP3) and leverage from private
sector investments.
The City partners with several non-profit agencies to implement the goals and
objectives the City established in its Five-year Consolidated Plan. To obtain these
partners, the City annually publishes a Notice of Funding Availability in the local
newspaper and on its website in February. This notice informs the non-profits of
the resources the City will make available and the eligible uses of these
resources. It also informs them of the application period for requesting funds. The
applications were due in April. The City received 23 applications for funding
requests.
A Technical Review Committee (TRC), comprised of professionals in the social
service and grants community and two members of the City's Neighborhood and
Affordable Housing Advisory Board (NAHAB), reviewed the applications, scored
them and set forth a strategy to maximize the number of applicants that will
receive a portion of allocated funds. Applicants were given an opportunity to
present at the monthly NAHAB meeting regarding their programs. City staff also
reviewed each application to ensure it met HUD's baseline requirements. The
NAHAB approved the Fiscal Year 2011-16 Consolidated Plan and the
recommended allocations contained in the Fiscal Year 2011-12 Consolidated
Action Plan on June 14, 2011.
Each year, the City may allocate up to 15% of its CDBG allocation for Public
Services organizations. The City may also provide funds for operating expenses
to subrecipients who qualify as a Community Based Development Organization.
While the City received requests for Public Services funding in the amount of
$489,713, the City was only able to allocate $141,351 to nine (9) organizations.
The NAHAB has endorsed a sliding scale funding system for Public Services
applicants that allows the top two scorers to receive 60% of their request, the
second two receive 50% of their request, and others receive 40% of their request
until all of the allowable funds are allocated. The maximum allocation per
agency's request is $30,000. This method allows a majority of the Public Services
applicants to receive funding.
The Consolidated Five-Year Plan and Annual Action Plan are due to HUD on
August 15, 2011.
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All organizations that will be receiving an allocation will have agreements
prepared and executed by October 1, 2011. Staff monitors these organizations for
compliance on a yearly basis.
Economic Development and Housing Director Geri Campos Lopez provided a
PowerPoint presentation.
In response to a question, Ms. Campo Lopez said the Neighborhood Revitalization
Strategy Areas are defined by HUD and include the North Greenwood, East Gateway,
and Lake Belleview areas.
Concern was expressed regarding current housing stock deteriorating. It was
suggested efforts concentrate on rehabilitating current housing stock rather than adding
new housing.
One individual spoke in opposition and one individual spoke in support.
Vice Mayor George N. Cretekos moved to approve the City of Clearwater's Fiscal Year
2011-16 Five-Year Consolidated Plan and Fiscal Year 2011-12 Action Plan, to carry
forward the goals and objectives set forth in the Plan, as required by HUD, authorize the
City to enter into agreements with organizations contained in the Fiscal Year 2011-12
Consolidated Action Plan, and authorize the appropriate officials to execute same. 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. Second Readings - Public Hearing
8.1 Adopt Ordinance 8261-11 on second reading, annexing certain real property
whose post office address is 345 and 347 Elizabeth Avenue, together with
abutting right-of-way, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 8261-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8261-11 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
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'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 8262-11 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 345 and 347 Elizabeth
Avenue, together with abutting right-of-way, upon annexation into the City of
Clearwater, as Residential Urban (RU).
Ordinance 8262-11 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8262-11 on second reading 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 8263-11 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 345 and 347
Elizabeth Avenue, together with abutting right-of-way, upon annexation into the
City of Clearwater, as Medium Density Residential (MDR).
Ordinance 8263-11 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8263-11 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.
8.4 Adopt Ordinance 8265-11 on second reading, amending the Operating Budget
for the Fiscal Year ending September 30, 2011, to reflect increases and
decreases in revenues and expenditures for the General Fund, Special
Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater
Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marina Fund, Airpark Fund,
Clearwater Harbor Marina Fund, Parking Fund, Administrative Services Fund,
General Services Fund, Garage Fund, and Central Insurance Fund.
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Ordinance 8265-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to adopt Ordinance 8265-11 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.
8.5 Adopt Ordinance 8267-11 on second reading, amending the Capital
Improvement Budget for the Fiscal Year ending September 30, 2011, to reflect a
net decrease of$429,533.
Ordinance 8267-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8267-11 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.
City Manager Reports
9. Consent Agenda —Approved as submitted less Items 9.6 and 9.16
9.1 Approve $60,000 offer of settlement of the liability claim of Thomas Quayle, Jr.
and authorize the appropriate officials to execute same. (consent)
9.2 Approve $50,000 settlement of the liability claim of Wilbur Taylor and authorize
the appropriate officials to execute same. (consent)
9.3 Approve $40,000 settlement of the liability claim of Gerard Gregory and
authorize the appropriate officials to execute same. (consent)
9.4 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and the International Association of Firefighters Local 1158 for Fiscal
Years 2008/09 and 2009/10, approve the collective bargaining agreement as
negotiated between the City of Clearwater and the International Association of
Firefighters Local 1158 for Fiscal Years 2010/11, 2011/12, and 2012/13 and
Council 2011-07-21 7
authorize the appropriate officials to execute same. (consent)
9.5 Approve the provision of a one-time, lump sum cash remuneration in the amount
of$400 minus applicable withholding to each eligible bargaining unit member of
Communications Workers of America Local 3179 in accordance with the
agreement between the City and Union to resolve the wage re-opener for the
2010/2011 fiscal year at a total cost of$350,000. (consent)
9.6 Approve Host Venue Sponsorship Agreement (Agreement) between the City and
World Triathlon Corporation (WTC) to conduct an international distance triathlon
event in Clearwater, Florida, on the second Saturday in November beginning in
2011 for a period of one year with four (4) automatic one-year renewals until
2015 and authorize the appropriate officials to execute same. (consent)
SEE BELOW.
9.7 Award a contract to Voeller Construction of Palm Harbor, Florida, Bid 08-0064-
PR-(C), for the construction and renovation of restroom/concession building at
Pier 60 Park, which includes alternates 2, 3 and 4 and a 10% contingency;
approve a change order deduct for $900, for a net sum of$424,492.20; approve
the transfer of$225,000 from miscellaneous Parks and Recreation operating
funds to CIP 315-93273 at third quarter and authorize the appropriate officials to
execute same. (consent)
9.8 Approve submission of Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the
amount of$74,412. (consent)
9.9 Approve Change Order 1 to Reynolds Inliner, LLC, Clearwater, FL, for the 2010
Stormwater Pipe Lining Project (09-0054-EN) in the amount of$1,088,325.00 for
a revised contract amount of$2,285,482.50 and authorize the appropriate
officials to execute same. (consent)
9.10 Approve a Supplemental Work Order to King Engineering Associates, Inc.
(Engineer of Record) to provide engineering design and permitting services for
the Woodlawn Terrace Storm Sewer Replacement Project (11-0028-EN) in the
amount of$69,806.00 and authorize the appropriate officials to execute same.
consent
9.11 Award a contract to RTD Construction, Inc. of Zephyrhills, Florida, to rehabilitate
clarifiers 1-4 at the Northeast Water Reclamation Facility (WRF) in the amount of
$1,419,235.18, which is the lowest responsible bid received in accordance with
plans and specifications; and approve a work order to Engineer of Record, King
Council 2011-07-21 8
Engineering Associates, Inc. in the amount of$118,363.00 to provide
Construction, Engineering and Inspection (CEI) services for total funding in the
amount of$1,537,598.18 and authorize the appropriate officials to execute
same. (consent)
9.12 Award a contract to RTD Construction, Inc. of Zephyrhills, FL, in the amount of
$320,518 for construction of the Pickett Thickener and Scum Removal
Improvements Project for the Northeast Water Reclamation Facility (WRF),
(project number 09-0040-UT), which is the lowest responsible bid received in
accordance with the plans and specifications for this project; and authorize the
appropriate officials to execute same. (consent)
9.13 Accept a General Utility Easement conveyed by Mary Huber, as Trustee for the
Church of Scientology Religious Trust over, under, and across a portion of Lots 8
and 9, George Washburn Subdivision, as more particularly described therein,
given in consideration of receipt of$1.00 and the benefits to be derived
therefrom. (consent)
9.14 Grant a Non-Exclusive License to Encroach (License) to The Goodyear Tire and
Rubber Company, an Ohio corporation, in consideration of the recitals and
mutual covenants and conditions contained therein, within the easterly 10 feet of
Lot 1, Gibsons Clearwater Heights Subdivision, as more particularly described
therein, and authorize the appropriate officials to execute same. (consent)
9.15 Grant, bargain, sell, transfer and quit-claim to Tom Sehlhorst, 6034 Waterside
Drive, Birmingham Alabama, a portion of Block E, Joseph J. Eldridges
subdivision, in consideration of receipt of$10.00 in hand paid, and authorize the
appropriate officials to execute a Quit-Claim Deed evidencing same as more
Particularly described therein. (consent)
9.16 Withhold further action and reject all bids at this time regarding implementing a
Red Light Camera Safety Program.
SEE BELOW.
9.17 Appoint two members to the Parks and Recreation Board, Gerald J. Thompson
to fill the remainder of an unexpired term until May 31, 2014 and Allen Weatherilt
to fill a term to expire May 31, 2015.
9.18 Appoint Roberta S. Klar as the Clearwater Arts Alliance, Inc. representative,
formerly Clearwater Arts Foundation, to the Public Art and Design Board to fill
the remainder of an unexpired term until March 31, 2014. (consent)
9.19 Appoint Donald O. McFarland to the Marine Advisory Board with term to expire
Council 2011-07-21 9
March 31, 2015. (consent)
9.20 Designate Councilmember Jonson to be the official voting delegate at the Florida
League of Cities Annual Conference, August 11-13, 2011. (consent)
9.21 Request for authority to institute a civil action on behalf of the City against R and
R Companies, Inc., to recover $3,529.51 for damages to City property. (consent)
Councilmember John Doran moved to approve the Consent Agenda as submitted, less
Items 9.6 and 9.16 and authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
9.6 Approve Host Venue Sponsorship Agreement (Agreement) between the City and
World Triathlon Corporation (WTC) to conduct an international distance triathlon
event in Clearwater, Florida, on the second Saturday in November beginning in
2011 for a period of one year with four (4) automatic one-year renewals until
2015 and authorize the appropriate officials to execute same. (consent)
For the past five years the City and WTC, better known as Ironman, partnered to
bring the World Championships for Ironman 70.3 to Clearwater, Florida. While
the event was extremely successful in Clearwater, WTC chose to move the
Championships to another venue.
WTC desires to offer a new international distance event in Clearwater known as
5150 Clearwater Triathlon, which includes a 1.5K swim, 40K bicycle and 1 OK run.
The race routes chosen for this event have far less impact than the previous
Ironman Events.
WTC will conduct the 5150 Triathlon; provide a five-day event; bring in 1,500
participants, media and VIPs requiring multiple overnight stays, extensive local
and national media coverage; and major sponsor benefits package that include
rights to use the 5150 and City logo in all marketing material.
The City will provide equipment and services to WTC to conduct the event
including items such as traffic operations staff, police officers for event,
dumpsters, trash cans, removal of litter, swim course set up, lifeguards and water
safety personnel, event security, parks and recreation event staff, medical
coordination, EMS coverage and SunStar transport units, etc.
Cost of the in-kind services estimated to be $61,720, was approved by the City
Council on March 17, 2011 as part of the annual review of City sponsored/co-
sponsored events for budget purposes. The cost of this event is approximately
$49,560 less than previous Ironman events.
Council 2011-07-21 10
Parks and Recreation Director Kevin Dunbar said the termination clause was amended
to 45 days.
In response to a concern regarding liability, the City Attorney said the city would be
subject to sovereign immunity should an incident occur. Either party may terminate the
contract.
Staff was directed to provide a copy of the waiver participating athletes sign.
Councilmember Bill Jonson moved to approve Host Venue Sponsorship Agreement
(Agreement) between the City and World Triathlon Corporation (WTC) to conduct an
international distance triathlon event in Clearwater, Florida, on the second Saturday in
November beginning in 2011 for a period of one year with four (4) automatic one-year
renewals until 2015 and authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
9.16 Withhold further action and reject all bids at this time regarding implementing a
Red Light Camera Safety Program.
A Request for Proposals was released on April 14, 2011 with a due date for
submittals of May 30, 2011.
Five submittals were received and the five were shortlisted to three.
Oral Presentations were held on June 29, 2011 with Lt. David Dalton, Rob
Surette and Paul Bertels as evaluators with George McKibben as monitor. The
evaluations resulted in the following rankings:
1. Redflex Inc.
2. American Traffic Solutions (ATS)
3. Gatso
The recommended vendor (Redflex) is to provide eight cameras at two
intersections; Belcher Road and Gulf to Bay Boulevard; and Belcher Road at
Sunset Point Road. The vendor is to keep the cost to the city neutral, meaning
that ticket revenue will offset the monthly fees. Terms of deployment are a
minimum of two years after a six-month test deployment to determine
effectiveness.
Staff recommendation is not to proceed at this time with a Red Light Camera
Safety Program due to the uncertain regulatory environment that currently exists
in Florida, which is causing undue workload issues as well as confusion as to the
effectiveness of red light cameras.
Council 2011-07-21 11
In response to questions, Traffic Operations Manager Paul Bertels said amber lights are
set to the maximum clearance, 4 seconds, allowed by FDOT. The two intersections
identified in the RFP were chosen due to citation and accident history. A camera placed
in each approach would capture an image of a driver running the red light. Mr. Bertels
said a sworn police officer or certified technician would review images to confirm if a
violation was captured.
In response to a suggestion, Mr. Bertels said FDOT does not allow flashing amber lights
approaching an intersection on state roads. The flashing amber lights located near Top
of the World were installed at Pinellas County's request. Flashing amber lights could be
installed at Belcher Road/Sunset Point Road. Mr. Bertels said the City typically does
not use installations that do not meet an FDOT application.
Staff was directed to provide data regarding red light running accidents in Clearwater.
Three individuals spoke in support and one individual spoke in opposition.
One individual expressed concerns with citing the registered vehicle owner and not the
driver. Mr. Bertels said proposed program would allow an individual to submit an
affidavit stating he/she was not driving the vehicle.
In response to a question, Redflex Inc. representative Charlie Buckles said the public
outreach process includes a warning ticketing period and identifying the locations.
Discussion ensued with concerns expressed regarding pending litigation and impact
court challenges would have on staff.
Councilmember Bill Jonson moved to implement a pilot red light camera safety program
and to negotiate a contract with Redflex Inc. The motion was duly seconded and upon
the vote being taken, Mayor Frank Hibbard and Councilmembers John Doran and Bill
Jonson voted "Aye"; Vice Mayor George N. Cretekos and Councilmember Paul Gibson
voted "Nay".
Motion carried.
The Council recessed from 8:08 p.m. to 8:16 p.m.
10. Other Items on City Manager Reports
10.1 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2011/12 and set
public hearing dates on the budget for September 14, 2011 and September 29,
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2011, to be held no earlier than 6:00 p.m.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing and
adopting a budget. This information must be provided to the Pinellas County
Property Appraiser and Tax Collector by August 4, 2011. This City's proposed
millage rate and public hearing dates will be included on the TRIM notices mailed
to taxpayers in August. This tentative rate cannot be increased without first-class
mailing notification to each taxpayer at the expense of the City of Clearwater, not
less than 10 days and not more than 15 days before the first public hearing.
The City Manager's recommended millage rate is 5.1550 mills. The rate is 4.31%
less than the rolled back rate of 5.3874 mills. The rolled-back rate is the millage
rate that will provide the City with the same property tax revenue as was levied in
the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's
ordinance adopting the millage rate will reflect a 4.31% decrease from the rolled-
back rate of 5.3874 mills. The proposed millage rate as well as other TRIM
millage rates that will be noted on the 2010 TRIM compliance forms are as
follows:
5.1550 mills - Proposed millage rate
5.3874 mills - Rolled-back millage rate
7.2746 mills - Maximum majority vote rate
8.0021 mills - Maximum two-thirds vote rate
Budget Director Tina Wilson provided a PowerPoint presentation.
One individual requested the city adopt the rolled-back millage rate.
One individual supported eliminating bargaining units.
Councilmember John Doran move to adopt a tentative millage rate of 5.1550 mills for
fiscal year 2011/12 and set public hearing dates on the budget for September 14, 2011
and September 29, 2011, to be held no earlier than 6:00 p.m. The motion was duly
seconded and carried unanimously.
10.2 Approve the restated plan document pertaining to the Nationwide Retirement
Council 2011-07-21 13
Solutions 457 Governmental Plan and Trust Deferred Compensation Plan for
City employees and enable documents, including but not limited to administrative
agreements and participant loan program documents, adopt Resolution 11-17
and authorize the appropriate officials to execute same.
The City is currently contracted with Nationwide Retirement Solutions as one of
two providers for the City's 457 Deferred Compensation Plan, a voluntary
individual retirement account plan funded by plan participants with no
contributions from the City.
This Resolution and restated plan document pertaining to the Nationwide 457
Governmental Plan and Trust provides for updating of the plan provisions in
order for the Plan to continue to be considered an "eligible deferred
compensation plan" under Section 457(b) of the Internal Revenue Code and in
accordance with changes required by various legislation including final
regulations issued under Section 415 of the Internal Revenue Code; the Pension
Protection Act (PPA); the Heroes Earnings Assistance and Relief Tax (HEART)
Act; The Worker, Retiree, and Employer Recovery Act (WRERA); as well as
changes recommended by Nationwide to facilitate administration of the plan.
Because the plan is funded solely by the participants, there is no financial impact
to the City resulting from these changes. All changes to the plan document
recommended by Nationwide have been reviewed and approved by City staff
and the City's benefits consultant the Gehring Group. A detailed summary of the
recommended changes are available for review.
Vice Mayor George N. Cretekos moved to approve the restated plan document
pertaining to the Nationwide Retirement Solutions 457 Governmental Plan and Trust
Deferred Compensation Plan for City employees and enable documents, including but
not limited to administrative agreements and participant loan program documents. The
motion was duly seconded and carried unanimously.
Resolution 11-17 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Resolution 11-17. 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 Support the Florida Department of Environmental Protection's (FDEP) petition to
Council 2011-07-21 14
rescind U.S. Environmental Protection Agency's Numeric Nutrient Criteria (NNC)
in Florida and adopt Resolution 11-16.
On January 14, 2009, the United States Environmental Protection Agency (EPA)
established a rule requiring exceptionally stringent limits on nitrogen and
phosphorous levels discharged to Florida surface water. These rules apply to the
State of Florida only and will significantly impact discharges of wastewater,
reclaimed water and stormwater by virtually all municipal governments and private
landholders in the state. The low concentration levels for nitrogen and
phosphorous required, in some cases, are well below the "background" discharge,
which occurs in stormwater runoff from undeveloped property.
On March 16, 2011, the EPA Office of Water released a memo titled "Working in
Partnership with the States to Address Phosphorous and Nitrogen Pollution
through Use of a Framework for State Nutrient Reductions" detailing eight
elements for effective state programs to manage nitrogen and phosphorous
pollution. The petition uses the eight elements in the memo to document the
strength of Florida's efforts to control nitrogen and phosphorous pollution,
including FDEP's pursuit of NNC.
In recognition of this state-wide problem and since the Florida Department of
Environmental Protection has an aggressive program in place, FDEP has filed a
petition requesting that EPA rescind the imposed NNC and provide a response by
May 22, 2011, on relieving Florida from this federal mandate.
On June 13, 2011, EPA responded that the agency "would not take action on the
State petition until it reviews the NNC adopted by Florida." By withdrawing the
2009 determination, EPA would once again allow Florida to regain its primary
responsibility for standard setting as envisioned by Congress in the Federal Clean
Water Act.
This Resolution supports the FDEP's petition to EPA to rescind numeric nutrient
criteria development in Florida at this time and to allow FDEP the primary rule-
making role. This resolution is Clearwater's first step in supporting the FDEP in a
request for relief. City staff, as well as other local municipalities, attended Public
Workshops held by the FDEP in June at Leesburg, Florida.
There are no costs associated with Resolution 11-16.
Councilmember Bill Jonson moved to support the Florida Department of Environmental
Protection's (FDEP) petition to rescind U.S. Environmental Protection Agency's Numeric
Council 2011-07-21 15
Nutrient Criteria (NNC) in Florida. The motioned was duly seconded and carried
unanimously.
Resolution 11-16 was presented and read by title only
Concern was expressed with language contained in the resolution title. It was
requested that the following verbiage be removed from the title: "discontinue proposing
or promulgating additional numeric nutrient criteria."
Councilmember John Doran moved to amend Resolution 11-16 by striking
"...discontinue proposing or promulgating additional numeric nutrient criteria" from the
title. The motion was duly seconded and carried unanimously.
Vice Mayor George N. Cretekos moved to adopt Resolution 11-16, 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.
10.4 Approve a settlement agreement settling the case of Pickles Plus Too, Inc. v.
City of Clearwater, Case 11-001450-CI-08, including the execution by
appropriate officials of all documents related thereto, specifically, the proposed
Settlement Agreement and Lease attached hereto, and authorize the allocation
of$668,000.00 of General Fund Reserves to fund the settlement payment.
This matter was mediated on June 2, 2011, and settlement negotiations continued
for several days thereafter. Both parties participated in the mediation, in person
and by counsel. A proposed settlement agreement (attached) has been reached,
subject to approval by the City Council that includes the following terms:
Plaintiff will release the City of all claims, and file a stipulated motion for dismissal
with prejudice of all claims and an agreed to order dismissing all claims with
prejudice.
The City of Clearwater will pay to Plaintiff the total sum of$668,000.00 in full
settlement of all claims for compensation, inclusive of all attorneys' fees, expert
fees, and costs of any kind, within thirty (30) days of approval by City Counsel.
Council 2011-07-21 16
The plaintiff will be permitted to remain at its present location in the Harborview
Center until midnight, February 29, 2012, under the lease as amended by the
mediated settlement agreement.
A third quarter budget amendment will provide the allocation of$668,000.00 of
General Fund reserves to fund the settlement payment to the Legal Department
operating budget. After adjusting for this amendment, General Fund reserves will
be approximately $18.2 million, or 16.3% of the General Fund budget, exceeding
the 8.5% reserve policy by approximately $8.7 million.
Councilmember Bill Jonson moved to approve a settlement agreement settling the case
of Pickles Plus Too, Inc. v. City of Clearwater, Case 11-001450-CI-08, including the
execution by appropriate officials of all documents related thereto, specifically, the
proposed Settlement Agreement and Lease attached hereto, and authorize the
allocation of$668,000.00 of General Fund Reserves to fund the settlement payment.
The motion was duly seconded and carried unanimously.
10.5 Change the date of the City's elections to coincide with the state and county
elections and pass Ordinance 8274-11 on first reading.
Florida Statutes Section 166.021(4) permits municipalities to change election
dates, qualifying periods for candidates, and for the changes in term of office
necessitated by such changes in election dates by ordinance without approval at
referendum.
Statistics indicate that there is much higher voter participation in statewide and
countywide elections than in primary elections. It is also more cost-effective to
hold municipal elections in conjunction with state, county and federal elections.
Therefore, it is in the best interest of the City of Clearwater to move their election
dates as so allowed to increase voter participation and save the cost of a
separate municipal election.
One individual spoke in support. One individual expressed indifference to when the
City's elections are held.
Councilmember John Doran moved to disapprove Item 10.5. The motion was duly
seconded and carried unanimously.
Council 2011-07-21 17
Miscellaneous Reports and Items
11. City Manager Verbal Reports — None.
12. Other Council Action
12.1 Artificial Turf
Mayor Frank Hibbard said the Municipal Code Enforcement Board (MCEB) recently
heard a case regarding the use of artificial turf on a residential property. MCEB found
the property owner in violation, as city code does not allow use.
Discussion ensued with concerns expressed regarding quality, color, perviousness, and
coverage restrictions.
Two individuals spoke in support. One individual suggested seeking feedback from the
Clearwater Neighborhoods Coalition.
In response to questions, Synthetic Turf Council representative Joseph Amon said the
industry standard warranty is 8 years for geo synthetic materials, a woven synthetic
plastic fabric. Artificial turf is considered a geo synthetic material that is permeable and
installed over stabilized sand or crushed concrete or stone. Lazy Gecko representative
Doreen Davis said maintenance standards suggest pet waste to be picked up within a
day or two; urine would penetrate through the drainage holes of the turf material. Ms.
Davis said there is a diverse palette of colors available; typically, homeowner
associations mandate specific colors and turf blends.
Assistant City Manager Jill Silverboard said any code revisions would go before the
Community Development Board. MCEB provided the property owner approximately five
months to come into compliance; allowing sufficient time for staff to draft an ordinance
and seek input from the Environmental Advisory Board.
Staff was directed to create standards (i.e., color, coverage percentages, quality),
license procedures for future enforcement, and provide feedback from the
Environmental Advisory Board and the Neighborhoods Coalition. It was requested that
information be provided regarding any potential stormwater issues and standards set by
the Southwest Florida Water Management District.
Council 2011-07-21 18
13. Closinq Comments bv Mavor
Mayor Frank Hibbard reviewed recent and upcoming events.
'14. Ad'lourn
The meeting was adjourned at 9:34 p.m.
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