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08/04/2011 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 4, 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 Legislatives 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 — Mayor Frank Hibbard 3. Pledge of Allegiance — Mayor Frank Hibbard 4. Presentations - Given 4.1 Diversity Poster Contest Winners 4.2 No Item 4.3 Spinal Muscular Atrophy Awareness Month Proclamation —August 2011 4.4 Intercultural Advocacy Institute Plaque for Commitment to Hispanic Outreach Center 4.5 Tampa Bay Estuary Presentation - Fertilizer Campaign — Nanette O'Hara 4.6 Pinellas County EMS Study - Mic Gunderson, Integral Performance Solutions Pinellas County Administrator Bob La Sala said the County wishes to reach a thoughtful solution that protects the level of service, provides equity and fairness to the funding Council 2011-08-04 1 process and establishes cost controls. The County EMS fund is facing a $13 million potential deficit at the end of the fiscal year. Mr. La Sala said staff has suggested to the Board of County Commissioners to increase the millage by .24 mills, effective October 2011. If approved, the millage increase would represent a $905,000 impact to the City. The proposed funding reductions would be effective October 2012. Mr. Gunderson provided a PowerPoint presentation. The primary areas of the study were Medical First Response (MFR), Ambulance Services, Scope of System, Governance, Evaluation and Improvement, and Medical Direction. Recommendations include increasing the county-funded units for MFR to 72; implementing a marginal engine funding approach with one paid position on each unit, based on county-wide average costs; maintaining current Ambulance Services arrangements, and implementing a set aside fund which could be used to rebuild EMS reserve funds or equipment upgrades. Staff was directed to agenda discussion at a future work session. 4.7 Regional Business Plan - Stuart Rogel, Tampa Bay Partnership Mr. Rogel provided Council with copies of the Tampa Bay Regional Business Plan and reviewed efforts to implement workforce and economic growth/diversification initiatives. 5. Approval of Minutes 5.1 Approve the minutes of the July 21, 2011 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson noted a scrivener's error on page 15, seventh paragraph and requested the minutes be amended to read, "... Florida Department of Environmental Protection's..." Councilmember Bill Jonson moved to approve Item 5.1 as amended. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Joe Paige opposed recent recommendations regarding diversifying marketing beyond tourism. The Council recessed from 7:59 p.m. to 8:06 p.m. Public Hearings - Not before 6:00 PM Council 2011-08-04 2 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 8252-11 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 2419 Nursery Road, upon annexation into the City of Clearwater, as Institutional (1) and Water/Drainage Feature. Ordinance 8252-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to adopt Ordinance 8252-11 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. 7.2 Adopt Ordinance 8253-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2419 Nursery Road, upon annexation into the City of Clearwater, as Institutional (1). Ordinance 8253-11 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8253-11 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. 7.3 Adopt Ordinance 8256-11 on second reading, making amendments to the Comprehensive Plan of the city by amending Conservation Element Policy F.1.2.3. to modify references to water quality criteria regulations, amending Conservation Element Policy F.1.8.9. to correct references to the 25-year floodplain map, and by making minor editorial changes. Ordinance 8256-11 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8256-11 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 Council 2011-08-04 3 Jonson. "Nays": None. 8. Consent Agenda —Approved as submitted. 8.1 Declare the list of vehicles and equipment surplus to the needs of the City; 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 an increase to the Marine/Pier 60 Operations budget in the amount of $56,000 to cover the increased cost of items for resale at Pier 60 bait house. consent 8.3 Accept the Department of Environmental Protection (DEP) Agreement: MV051 for CVA11-614 for Clean Vessel Act Grant Program funding in the amount of $81,524.25 to replace the existing pump out vessel at the Clearwater Beach Marina and establish capital project 315-93416, Marina Pump Out Boat; declare surplus and authorize trade-in, one 2006 DC Brown 18-foot custom sanisailor pump out boat to the vendor providing the lowest net price in accordance with the specifications; and authorize the appropriate officials to execute same. consent 8.4 Approve Department of Environmental Protection (DEP) Agreement: MV055 for CVA11-615 for Clean Vessel Act Grant Program funding for the operation, maintenance and repair of the Clearwater Beach Marina pump out vessel and authorize the appropriate officials to execute same. (consent) 8.5 Approve the commission of a public art installation entitled Paul Owens Memorial to be installed at the Paul Owens Training Facility at Carpenter Complex, located at 651 Old Coachman Road, as recommendation by the Public Art and Design Board, for a total cost of$30,000 from CIP 315-93606. (consent) 8.6 Award a contract (Purchase Order) for $129,678.00 to Tampa Truck Center of Tampa, FL for one Freightliner M2 Chassis with H. D. Industries Pro-Patch Model TCM 425-100-DHE Pothole Patcher, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the city's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) 8.7 Approve a contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater, FL for an amount not to exceed $280,000 for the purchase of Goodyear tires for city motorized equipment during the contract period September 1, 2011 through February 29, 2012, in accordance with Sec. 2.56(d)(1), Code of Ordinances - other governmental bid, and authorize the appropriate officials to execute same. (consent) 8.8 Award a contract (Purchase Order) for $461,502.00 to Duval Ford of Jacksonville, FL for 18 Ford Crown Victoria Police Cruisers, in accordance with Council 2011-08-04 4 Sec. 2.5640)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement for 9 vehicles at $230,751.00; authorize the purchase of 9 vehicles under Penny for Pinellas III proceeds; and authorize the appropriate officials to execute same. (consent) 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 Approve agreements between Nancy Jones Miller and the City of Clearwater and Deborah Ann Storey and the City of Clearwater to lease personally owned equine horses for use in community engagement activities associated with the Police Departments Mounted Patrol Unit and authorize the appropriate officials to execute same. The Police Department is continually exploring mechanisms to enhance its community outreach abilities and increase the number and types of interactions with our citizens, as well as visitors to our community. The Police Department intends to create a Mounted Patrol Unit, which will utilize equine horses to participate in community engagement and education, public relations activities, searches for lost persons, and serve as a visual deterrent to criminal activity. Reserve Police Officer(s) assigned to the Mounted Patrol Unit will have arrest powers as authorized by Florida State Statutes, but will refrain from direct enforcement action unless immediate intervention is necessary to prevent great bodily harm or death during an in-progress, violent offense. At the onset, the Mounted Patrol Unit will be comprised of two members: a Police Department Reserve Officer and a Police Department Volunteer. Ownership of the equine horses will remain with the individual equine horse owners, with the horses being leased to the City of Clearwater for use during approved applications of the Mounted Patrol Unit. The agreement calls for a three-year lease period. Council 2011-08-04 5 Equipment start-up costs of approximately $4,400 and annual operating costs, which include miscellaneous items such as mileage, training, and veterinary care (only for injuries sustained or incurred by the horse during the course of law- enforcement-related activities) of approximately $15,000 will be funded from Special Program Project 181-99329, Investigative Cost Recovery. There will be no direct impact to the Police Department's current or future operating budget(s) as a result of the creation of the Mounted Patrol Unit within the Police Department. In response to questions, Police Chief Anthony Holloway said there were no plans to expand the Mounted Patrol Unit beyond two members. The agreements may be terminated by the City at any time without penalty. The total cost for the three-year period is $15,000, plus start-up costs. Councilmember John Doran moved to approve agreements between Nancy Jones Miller and the City of Clearwater and Deborah Ann Storey and the City of Clearwater to lease personally owned equine horses for use in community engagement activities associated with the Police Departments Mounted Patrol Unit and authorize the appropriate officials to execute same. The motion was duly seconded. One individual spoke in opposition. A concern was expressed regarding the use of horses and training needs for assigned officers. Upon the vote being taken, Vice Mayor George N. Cretekos and Councilmembers John Doran, Paul Gibson, and Bill Jonson voted "Aye"; Mayor Frank Hibbard voted "Nay". Motion carried. Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 Clearwater Marine Aquarium City Manager, Bill Horne, said the City received a letter from the Clearwater Marine Aquarium (CMA) requesting use of the Harborview Center for a two-year period. The CMA is requesting to utilize the second floor of the Harborview Center to construct a movie set prop tour, display educational elements of preserving the marine environment as well as displays describing how they do the work of rehabilitating and rescuing marine animals. They are asking the City to prepare the building for occupancy and make any necessary repairs. Council 2011-08-04 6 The Mayor said the CMA is anticipating overwhelming attendance at the aquarium after the release of the movie "Dolphin Tale" next month. The CMA is in the process of an expansion project that will include parking and an educational/administrative/animal care building which will not be complete for a year or more. Solid Waste/General Services Assistant Director Rick Carnley presented a budget of $365,000 to update the facility to current codes for the CMA to occupy the Stein Mart area and use the west entrance for access from the lower parking lot. Staff believes the cost estimates are within 15% of actual costs. Updates include replacing ceiling tiles, repairing roof, installing a firewall on third balcony floor, and updating the elevator and escalator to code. Mr. Carnley said that the City could have the building section up and running in 6 months. Discussion ensued regarding CMA's ability to pay for the improvements. In response to questions, David Yates, CMA's CEO, said the aquarium would be open to covering the capital costs of the improvements if the City were able to bring the costs down. CMA plans to upsell tickets to the Harborview experience; the upsell could be toned down during times when parking would be at a premium for Coachman Park events. One individual spoke in opposition of the CMA's request. Staff was directed to refine the budget, identify items needed per code and identify a cost recovery proposal. 11. Other Council Action 11.1 Homeless Emergency Project (HEP) Funding Request HEP President Barbara Green said HEP is requesting $50,000 from the City for the provision of emergency shelter and supportive services for the chronically homeless. The funds will be used to offset the cost of utilities to operate the emergency shelter facilities. Annual utility costs are approximately $345,000. Funding is needed due to recent cuts in funding from private and government sources. In response to questions, Ms. Green said thirty CHIP (Clearwater Homeless Intervention Project) residents relocated to HEP after CHIP closed. HEP is currently running a $200,000 deficit, while maintaining operating costs below budget. Councilmember John Doran moved to approve a $50,000 grant to HEP from reserves. The motion was duly seconded and carried unanimously. 11.2 3:00 a.m. closing time for liquor sales Council 2011-08-04 7 Police Chief Anthony Holloway reviewed summary of calls during an 11-month period (2:30 a.m. to 3:30 a.m.). Staff did not see an increased need for additional man power during the 11-month period and do not recommend changing the 3:00 a.m. closing. There was consensus to maintain 3:00 a.m. closing time for liquor sales. 11.3 Transportation Issues - Councilmember Jonson Councilmember Bill Jonson expressed concerns regarding the appearance of the overpass at U.S. Highway 19 and State Road 60. Mayor Frank Hibbard said he spoke to FDOT (Florida Department of Transportation) Secretary Don Skelton regarding the lack of right-of-way at this intersection and funding for landscaping and requested the inclusion of overpass enhancements in the design. It was suggested that a letter be drafted for the Mayor's signature regarding the status of the overpass enhancements request. Councilmember Jonson expressed desire to seek funding for improvements at the intersection of Gulf to Bay Boulevard and Belcher Road. Mayor Hibbard recalled reaching out to the CVS Pharmacy at the intersection regarding allowing the City to get part of their right-of-way for improvements. Staff was directed to follow-up with CVS regarding the request. Councilmember Jonson said he had heard a desire from the tourism industry for a Pinellas Suncoast Transit Authority (PSTA) bus service from Tampa International Airport to Clearwater Beach. Councilmember Jonson sought support from Council to get the project on the PSTA long-range development plan. There was no consensus to support the project. Councilmember Jonson reminded Council that there was still one seat open on the Metropolitan Planning Organization (MPO) Citizens Advisory Committee. Staff was directed to contact Jason Gibertoni to serve on the Committee. 12. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 13. Adjourn The meeting was adjourned at 10:10 p.m. Council 2011-08-04 8 Mayor Attest City of Clearwater City Clerk Council 2011-08-04 9