10/06/2011 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 6, 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 11 - 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 — Minister Kermin Cabarris from New Destiny Worship Center
3. Pledge of Allegiance — Mayor Frank Hibbard
4. Presentations - Given
4.1 Drop (off) Your Drawers for CTK Month Proclamation, October 2011 - Fran
Goodwin, Clothes to Kids Development Director
4.2 Lights On Afterschool Proclamation, October 20, 2011 — Beth Gettig, Executive
Director, Pinellas School Age Programs
4.3 El Gran Combo Certificate of Achievement — Brian Craig, Recreation Program
Coordinator
4.4 Florida Natural Gas Association (FNGA) Operating Person of the Year Award —
Randy Holm, Service Repair Supervisor
4.5 Fire Prevention Week Proclamation, October 9 -15, 2011 — Fire Marshall Steve
Strong
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4.6 National Arts & Humanities Month Proclamation, October 2011- Christopher
Hubbard, MA Cultural Affairs Specialist
4.7 Pinellas County Library System Presentation - Mary Brown, Pinellas Public
Library Cooperative
5. Approval of Minutes
5.1 Approve the minutes of the September 14, 2011 City Council Meeting and the
minutes of the September 29, 2011 Special City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson noted a scrivener's error on page 24 of the September 14,
2011 City Council Meeting Minutes, regarding the motion referencing Policy 2E. The
City Clerk confirmed the editing error; phrase, "expressed concern that the current 8%
reserve level is too low and requested it be increased," should have been deleted.
Staff was directed to correct the scrivener's error.
Councilmember Bill Jonson moved to approve the minutes of the September 14, 2011
City Council Meeting. The motion was duly seconded and carried unanimously.
It was requested that the minutes of the September 29, 2011 Special City Council
Meeting be amended to reflect Councilmember Paul Gibson had an excused absence
due to medical leave.
Councilmember John Doran moved to approve the minutes of the September 29, 2011
Special City Council Meeting as amended. The motion was duly seconded; Mayor
Frank Hibbard, Vice Mayor George N. Cretekos, and Councilmembers John Doran and
Bill Jonson voted "Aye"; Councilmember Paul Gibson abstained.
Motion carried.
6. Citizens to be Heard re Items Not on the Agenda
Ray Shaw expressed concern regarding the use of the Jack Russell Memorial Stadium
facility and suggested a portion of the facility be developed into multipurpose fields for
youth.
Mike Riordon expressed concerns regarding pedestrian and bicyclist safety on Court
Street and East Avenue and on the Pinellas Trail between Drew Street and Myrtle
Avenue.
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Public Hearings - Not before 6:00 PM
7. Quasi-judicial Public Hearings
7.1 Approve a Future Land Use Map Amendment from the Transportation/Utility
(T/U) classification to the Industrial Limited (IL) Classification and a Zoning Atlas
Amendment from the Institutional (I) District to the Industrial, Research and
Technology (IRT) District for property located at 1020 North Hercules Avenue
(consisting of a portion of the Northwest 1/4 of Section 12, Township 29 South,
Range 15 East), and pass Ordinances 8281-11 and 8282-11 on first
read ing.(LUP2011-07002 and REZ2011-07004)
This future land use map amendment and rezoning application involves a 0.99
acre site, located on the southwest corner of North Hercules Avenue and
Palmetto Street. This property has a Future Land Use Map classification of
Transportation/Utility (T/U) and zoning designation of Institutional (1). The
applicant is requesting to amend the future land use classification to the Industrial
Limited (IL) classification and the zoning district to the Industrial, Research and
Technology (IRT) District. The property is owned by the City of Clearwater and is
currently being redeveloped by Clearwater Gas Station as a compressed natural
gas filling station limited to municipal vehicle use (governmental use). There is a
gate station (i.e., above ground gas piping, valves, and regulators) which will
remain on the southern portion of the property. The requested amendments are
necessary so that Clearwater Gas System can operate the facility as an
automobile service station use, allowing the public to purchase compressed
natural gas at the facility. The station is designed to have four dispensers,
servicing up to eight vehicles, and will be unmanned. The Planning and
Development Department has determined that the proposed future land use map
amendment and zoning atlas amendment is consistent with the Community
Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan,
the Countywide Plan Rules, and the Community Development Code.
• The proposed amendment is compatible with the surrounding property
and character of the neighborhood.
• The available uses in the Industrial, Research and Technology (IRT)
District are compatible with the surrounding area.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. The application is a
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small-scale amendment so review and approval by the Florida Department of
Economic Opportunity (Division of Community Planning) is not required.
The Community Development Board reviewed the Future Land Use Plan
amendment and rezoning applications at its public hearing on September 20,
2011 and unanimously recommended approval.
Vice Mayor George N. Cretekos moved to approve a Future Land Use Map Amendment
from the Transportation/Utility (T/U) classification to the Industrial Limited (IL)
Classification and a Zoning Atlas Amendment from the Institutional (1) District to the
Industrial, Research and Technology (IRT) District for property located at 1020 North
Hercules Avenue (consisting of a portion of the Northwest 1/4 of Section 12, Township
29 South, Range 15 East). The motion was duly seconded and carried unanimously.
Ordinance 8281-11 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8281-11 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.
Ordinance 8282-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8282-11 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.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8276-11 on second reading, annexing certain real property
whose post office address is 3054 Leanne Court into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
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Ordinance 8276-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to adopt Ordinance 8276-11 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 8277-11 on second reading, amending the future land use
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 3054 Leanne Court, upon
annexation into the City of Clearwater, as Residential Suburban (RS).
Ordinance 8277-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8277-11 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 8278-11 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 3054 Leanne
Court, upon annexation into the City of Clearwater, as Low Density Residential
L( DR).
Ordinance 8278-11 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8278-11 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.
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8.4 Adopt Ordinance 8287-11 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, Marine Fund, Airpark Fund, Clearwater Harbor
Marina Fund, Parking Fund, Administrative Services Fund, General Services
Fund, and Garage Fund.
Ordinance 8287-11 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8287-11 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 8288-11 on second reading, amending the Capital
Improvement Budget for the Fiscal Year ending September 30, 2011, to reflect a
net increase of$6,965,181.
Ordinance 8288-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to adopt Ordinance 8288-11 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
9.1 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI.
in the amount of$481,310.00 for the purchase of one new Pierce Heavy Duty
Velocity Pumper, in accordance with Sec. 2.564 (1)(b)and(e), Code of
Ordinances, Other governmental bid, and authorize the appropriate officials to
execute same. (consent)
9.2 Declare list of vehicles and equipment surplus to the needs of the City, authorize
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disposal through sale to the highest bidder at the Tampa Machinery Auction,
Tampa. Florida: and authorize the appropriate officials to execute same.
consent
9.3 Approve settlement of the liability claim of Walter Bivens for payment of
$50.000.00 and authorize the appropriate officials to execute same. (consent)
9.4 Award Bid 30-11 to Mastec North America, Incorporated, 7221 East Martin
Luther King Jr. Boulevard, Tampa, Florida 33619, for the period October 1. 2011
to September 30. 2012, for the Installation of Gas Mains, Service Lines and
House Piping, in the amount of$1.039.050: approve the contract (Purchase
Order) in the amount of$878.300 and authorize the appropriate officials to
execute same. (consent)
9.5 Authorize the negotiation of a three-year contract between the City and
Montgomery Retirement Plan Advisors for the provision of advisor/consultant
services to the City 457 Deferred Compensation Plans and the City 401 a Money
Purchase Pension plan at a total cost not to exceed $35.000 per year. (consent)
9.6 Approve an agreement between the City of Clearwater (Licensor) and the United
States Coast Guard Auxiliary, Flotilla 11-1 (Licensee) to utilize space located at
645 Pierce Street on an intermittent basis, for the period January 1. 2012
through December 31. 2012, and authorize the appropriate officials to execute
same. (consent)
9.7 Approve an agreement in the amount of$484.290.00 with the Pinellas County
Sheriff's Office, Largo. Florida for latent fingerprint, crime scene processing
services, evidence and property storage and Pinellas Juvenile Assessment
Center services, during the one-year contract period, commencing October 1.
2011 through September 30. 2012, and authorize the appropriate officials to
execute same. (consent)
9.8 Accept a Multi-Use Trail Easement conveyed by Clearwater Housing Authority
over a portion of Mary Land Subdivision, as more particularly described therein,
given in consideration of receipt of$10.00 and the benefits to be derived
therefrom. (consent)
9.9 Approve the final plat for Harbourside Grande, 18167 U.S. Highway 19 North,
located on the Southeast corner of U.S. Highway 19 and Belleair Road.
consent
9.10 Approve the conveyance of a Perpetual Ingress and Egress Easement to
Pinellas County over a 285 by 86 foot portion of a city-owned parcel along the
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northern property limits of Sand Key Park and along the south side of Clearwater
Pass, and authorize the appropriate officials to execute same. (consent)
9.11 Award a contract (purchase order) to American Lighting of Dover, Florida, for
construction of the Gulf To Bay Blvd./Highland Ave. Traffic Signalization Project
(10-0005-EN) in the amount of$261,967.00, which is the lowest responsible bid
received in accordance with the plans and specifications, and authorize the
appropriate officials to execute same. (consent)
9.12 Approve a Work Order to Atkins North America Inc., Engineer of Record (EOR),
in the amount of$107,736.20 for design of Jeffords Street Outfall and approve a
Cooperative Funding Agreement between the Southwest Florida Water
Management District (SWFWMD) and the City of Clearwater for Implementation
of BMPS in the Coastal Zone 1 Watershed at Jeffords Street (N270) in the
amount of$200,000 and authorize the appropriate officials to execute same.
consent
9.13 Ratify and Confirm Change Order Four and Final to R.A.M. Excavating, Inc. for
Morningside Neighborhood Traffic Calming Project 07-0008-EN, an increase in
the amount of$47,707.03 for a new contract value of$1,630,192.25 and add 73
calendar days to the contract. (consent)
9.14 Appoint Michael J. Riordon and re-appoint Michael Boutzoukas and Donald van
Weezel to the Municipal Code Enforcement Board with terms to expire October
31, 2014. (consent)
9.15 Approve the 2012 State Legislative Package. (consent)
See below.
9.16 Approve the 2012 Council Meeting Schedule. (consent)
Councilmember John Doran moved to approve the Consent Agenda as submitted, less
Item 9.15, and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
9.15 Approve the 2012 State Legislative Package. (consent)
The 2012 State Legislative Package includes supporting continued funding for
programs that benefit municipalities statewide, such as the Florida Recreation
Development Assistance Program (FRDAP) and State Aid to Libraries and full
funding of the housing trust funds under the Sadowski Act. Also included in the
2012 legislative priorities is supporting a local bill that increases the number of
temporary alcohol sales permits issued to non-profits for outdoor events held in
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the downtown Clearwater area. The city, along with the Florida League of Cities,
continues to oppose unfunded mandates and intrusions to municipal home rule.
The City Clerk reviewed the amendment (Issue to Oppose) submitted by
Councilmember Bill Jonson after the Work Session: Legislation that would reduce
home rule rights in general and especially legislation that would reduce local
communities existing rights to enact or enforce ordinances relating to aesthetics and
sign controls.
There was consensus to support the amendment.
Councilmember Paul Gibson requested staff to cite Florida Statutes Chapters 175 and
185 in transmittal letters regarding supporting legislation that considers the financial
impact of police and firefighter pension plan reform.
Councilmember Paul Gibson moved to approve Item 9.15 as amended. The motion
was duly seconded and carried unanimously.
10. Other Items on City Manager Reports
10.1 Authorize a contract between the City and CIGNA HealthCare for medical
insurance under a fully insured, Shared Returns Minimum Premium funding
arrangement for the period of January 1, 2012 to December 31, 2012 at a total
cost not to exceed $13 million, and that City funds obtained through the federal
Early Retiree Reimbursement Program be utilized to offset proposed increases
and maintain current employee premiums and City funding levels.
The contract with the City's current medical insurance provider, CIGNA
HealthCare, expires on December 31, 2011. CIGNA presented an initial renewal
offer to maintain the City's existing plan options at an overall increase in cost of
approximately $1.5 million. The City Benefits Committee, made up of
representatives of all of the City's employee groups and retirees, recommended
that the City's Agent of Record, the Gehring Group, negotiate with CIGNA and
the other major carriers to achieve a more favorable proposal. Quotes for a fully-
funded arrangement were submitted in response by CIGNA and United
Healthcare only.
After evaluating the proposals, the City Benefits Committee, by a unanimous vote
of 15 to 0, elected to recommend to City Council that CIGNA be retained as the
medical insurance provider for 2012. This proposal would result in the elimination
of the City's current OAP (POS) plan option, but would maintain the current
OAPIN (base) plan option with a reduction in the single and family out-of-pocket
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maximum amounts and the addition of an out-of-network schedule of benefits at
an increase of approximately 5% in employee premiums and City funding levels.
The cost of this increase, in addition to the decrease in overall employee
contributions attributable to the shift in participants from the buy-up to the base
plan, would result in an increase in the City contribution of an estimated
$568,000 for calendar year 2012, and require approximately $197,000 in
additional funding in excess of budgeted for fiscal year 2012. The Benefits
Committee recommends that the City utilize funds obtained from the federal
Early Retiree Reimbursement Program (ERRP), to the extent available, to offset
the proposed increase and maintain employee, retiree, and corresponding City
employer contributions at current levels. Currently $283,458 in ERRP grant
monies are available to fund this $197,000 increase, with additional monies
anticipated in the coming months. Staff concurs with the Benefits Committee
recommendations.
Based on this recommendation, the calendar year 2012 cost for this scenario
would be $13.0 million ($10.0 million City share, $1.7 million employee share,
and $1.3 million retiree/cobra share). For fiscal year 2012, the City has
budgeted $9,715,000 for approximately 1,475 full time positions for the City's
share of medical insurance coverage. The City's estimated share of actual
expenses for Fiscal Year 2012 per this recommendation is estimated at
$9,912,000. The $197,000 difference would be funded from ERRP reserves
during fiscal year 2012.
This recommendation maintains the current funding strategy for City
contributions to health care premiums to represent 100% of the cost for
Employee Only, 75% of the cost for Employee plus One, and 68% of the cost for
Employee plus Family coverage.
Human Resources Manager Allen Del Prete provided a PowerPoint presentation.
In response to questions, Human Resources Director Joe Roseto said the dollar
savings through the middle of the year was approximately $900,000. Greater savings
are anticipated as more plan participants become involved with wellness initiatives,
reducing the number of high claims. Mr. Roseto said more efforts are being made to
market the employee health clinic to family members.
Gehring Group representative Kurt Gehring said the original projected increase was
11%; the proposed 5% increase was a result of shifting the buy-up plan participants into
the base plan. Participants in the buy-up plan were partly subsidized by those in the
base plan. Claim utilization has reduced due to the employee health clinic.
Council 2011-10-06 10
Vice Mayor George N. Cretekos moved to authorize a contract between the City and
CIGNA HealthCare for medical insurance under a fully insured, Shared Returns
Minimum Premium funding arrangement for the period of January 1, 2012 to December
31, 2012 at a total cost not to exceed $13 million, and that City funds obtained through
the federal Early Retiree Reimbursement Program be utilized to offset proposed
increases and maintain current employee premiums and City funding levels. The
motion was duly seconded and carried unanimously.
The Council recessed from 7:46 p.m. to 7:54 p.m.
10.2 Amend Chapter 33, Section 33.058 of the Code of Ordinances to create an Idle
Speed - No Wake Zone within the Clearwater Harbor Marina and pass
Ordinance 8292-11 on the first reading.
Council requested and was given permission by the State to establish a Slow
Speed - Minimum Wake Zone to include all waters from the western boundary of
the Intracoastal Waterway (ICW) east to the shoreline from the Seminole Launch
Ramp, including 500 feet south of the Memorial Causeway Bridge in 1999
(Resolution 99-21, Ordinance 4995-90, Permit 88-020).
This wake zone was created to prevent potential hazards to boaters launching at
the Seminole Launch Ramp. The established wake zone is not serving the
intended purpose. Boaters travel at speed outside the current wake zone then
throttle back at the last second. The problem is compounded now that the new
Clearwater Harbor Marina has been built with docks on both the north and south
sides of the Memorial Causeway Bridge. Funding from the Fish and Wildlife
Conservation (FWC) helped pay for these docks and the size of the boater
wakes have broken pile guide rollers and the remaining support brackets have
dug crevices in the concrete pilings the floating wave attenuators ride on.
In addition, vessels entering and exiting the ICW at the intersection of the
Memorial Causeway Channel frequently propel their wakes into the Clearwater
Harbor Marina docks due to having no speed restrictions in this channel at the
eastbound approach to the ICW.
The City has requested permission from the Fish and Wildlife Conservation
Commission (FWC) to extend the existing Slow Speed - Minimum Wake Zone
across the entire span of the bridge opening, shore to shore, and 275 yards north
of the bridge west of Channel Marker 14 where it meets the ICW. South of the
bridge, the City requested an extension of the zone 500 yards south of the
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bridge, east to the shore and west to Marina Channel 5 into the Marina
Causeway Channel. Formerly, the Slow Speed - Minimum Wake Zone marker
piling was within the proposed slips of the Clearwater Harbor Marina, which the
City was given permission to remove and replace with a buoy further south
during construction.
The FWC has submitted the Slow Speed Minimum Wake Zone extension to their
agenda scheduling process. In discussions with the FWC, they normally permit
wake zones shoreline to shoreline, under and on approach to bridge structures.
The previous bridge did not require this due to its design; the new bridge does.
FWC has moved the City's request up in priority but it will take at least a year to
process.
The FWC authorized our proceeding with designating the area within the Harbor
Marina slip basin an Idle Speed - No Wake Zone. Besides alleviating some of the
damage due to wakes, it would also help curtail commercial sightseeing vessels
chasing dolphins into the basin.
The Marine Advisory Board reviewed the matter and recommended these
changes.
In response to a question, Marine and Aviation Director Bill Morris said vessels that tie-
up on the outside of the wave attenuator may experience issues during high traffic since
law enforcement is not present to control speed in the Slow Speed Minimum Wake
Zone, which is currently not posted.
Councilmember Paul Gibson moved to amend Chapter 33, Section 33.058 of the Code
of Ordinances to create an Idle Speed - No Wake Zone within the Clearwater Harbor
Marina. The motion was duly seconded and carried unanimously.
Ordinance 8292-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8292-11 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.
10.3 Approve an agreement between Clearwater Towing Service, Incorporated, and
the City of Clearwater to provide towing, transport, and, in some circumstances,
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storage services for Police Department directed towing, impounds, and vehicle
seizures and authorize the appropriate officials to execute same.
In an effort to realize efficiencies within the Police Department, a Request for
Proposal (RFP 21-11) was issued seeking a bifurcated towing system to
accommodate virtually all of the towing and impound services offered to the
Police Department.
A five-member committee, comprised of employees from the Police Department,
Traffic Engineering, and General Services, evaluated the five responses to RFP
21-11; one response was eliminated from consideration as not meeting the
scope of the issued RFP.
The Evaluation Committee ranked the four remaining responses; each response
was judged based upon several factors, which included, but was not limited to
overall quality of facilities, number and overall quality of the vendor's equipment,
ability to accommodate Police Department calls for services, and experience.
Clearwater Towing Service, Incorporated (1955 Carroll Street, Clearwater), and
ABC Towing and Recovery, Incorporated (23499 U.S. Highway 19 North,
Clearwater), received the two highest rankings.
The agreement will effectively eliminate the current rotational list maintained by
the Police Department, but would not prohibit a citizen from requested towing
services from a company of their choice, such as AAA.
In addition to personnel efficiencies, the Police Department could realize a
savings under the terms of the contract, relating to the removal of impounded
and seized vehicles. In fiscal year 2009-2010, the Police Department paid slightly
over $27,000 for costs associated with seized and impounded vehicles. Under
the terms of this contract, vehicles would be seized or impounded at no cost to
the Police Department.
The agreement calls for an initial two (2) year term, effective November 1, 2011
through October 31, 2013, with three optional one (1) year extensions. There
will be a minimal impact to the Police Department's current and future operating
budget(s) as a result of the agreement. Under the terms of the agreement, the
respective vendors are to be paid the sum of$100.00 per vehicle that is stored
on behalf of the Police Department for investigative purposes (maximum of five
days storage). Each vendor will collect, and transfer to the Police Department, a
$20.00 fee for administrative costs associated with vehicles that are impounded
by the Police Department. Payments will be funded from the Department's
operating budget (projected: $1,500.00). Administrative fees collected will be
credited to the General Fund.
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ABC Towing and Recovery, Incorporated, was unable to secure a lease
agreement with the property owner of 23499 U.S. Highway 19 North, Clearwater.
Subsequent negotiations have failed to produce a property that will fully meet the
requirements of RFP 21-11.
Staff recommendation is to employ a single vendor towing system, with
Clearwater Towing Service, Incorporated, as the selected vendor.
In response to questions, Police Lieutenant David Dalton said additional discussions
have occurred with ABC Towing and Recovery regarding an agreement. There are
concerns with delaying the contract initiation date to November 1, 2011 and having the
facility ready by that date. The RFP called for 4,000 sq. ft. of enclosed storage and
20,000 sq. ft. for outside storage.
Concern was expressed that there is only one vendor.
Six individuals spoke in opposition of the RFP process.
The City Attorney clarified that this was a request for proposals, not a bid process, and
the original intent was to have two vendors, however, only one vendor met all criteria.
Discussion ensued regarding reissuing the RFP. The City Manager clarified that the
original process was discussed at an open meeting with all towing companies invited.
The RFP was extended to allow for sufficient time for the towing companies to respond.
Two vendors met all criteria, however, one of the vendors had trouble obtaining a lease
on a property to house seized and impounded vehicles. The Police Department
believes the one-vendor towing system will increase their efficiency when dealing with
crashed, seized or impounded vehicles.
Councilmember Paul Gibson moved to reissue the RFP.
Motion died for lack of second.
Councilmember Bill Jonson moved to approve an agreement between Clearwater
Towing Service, Incorporated, and the City of Clearwater to provide towing, transport,
and, in some circumstances, storage services for Police Department directed towing,
impounds, and vehicle seizures and authorize the appropriate officials to execute same.
The motion was duly seconded; Vice Mayor George N. Cretekos and Councilmembers
John Doran and Bill Jonson voted "Aye"; Mayor Frank Hibbard and Councilmember
Paul Gibson voted "Nay".
Motion carried.
10.4 Accept and approve grant award from the United States Environmental
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Protection Agency (EPA), in the amount of$485,000, (Grant Agreement XP-
95478811-0) for the Northeast Water Reclamation Facility Clarifiers Project, and
authorize the appropriate officials to execute same.
The City of Clearwater Public Utilities Department was recently awarded a
legislative allocation for $485,000 through the United States Environmental
Protection Agency. The grant partially funds the Northeast Water Reclamation
Facility (WRF) Clarifiers Project 1 through 4 (rehabilitation of four secondary
clarifiers and associated return and waste activated sludge pumping facilities).
The project scope includes rehabilitating four existing clarifiers at the Northeast
WRF. The plant utilizes eight circular clarifiers. Clarifiers 5 through 8 will be
rehabilitated in a separate project advertised in 2012 due to funding availability.
Clarifiers 1 through 4 were built in 1975 and are the oldest of the fourteen (14)
clarifiers in the City.
The clarifier internal components and structural steel have corroded and are in
need of replacement. The construction phase is anticipated to take nine months
and is scheduled for completion by July 31, 2012. The clarifiers at the Marshall
Street and East WRFs will be rehabilitated over the next two years. The
construction and inspection costs for this project are $1,537,598.18. These were
awarded on July 21, 2011. The U.S. EPA has agreed to cost-share 26.90% of all
approved budget period costs not to exceed $485,000 under the Federal Special
Appropriations Projects (SPAP) Program.
A first quarter amendment will increase the budget only in Capital Improvement
Program project, 0315-96654, Facilities Upgrades and Improvements, of other
Governmental Revenues (331500), for the grant from U.S. EPA in the amount of
$485,000, under the Federal SPAP Program. No cash match is involved. The
Public Utilities Department shall own and maintain the proposed improvements
included in this contract.
Councilmember John Doran moved to accept and approve grant award from the United
States Environmental Protection Agency (EPA), in the amount of$485,000, (Grant
Agreement XP-95478811-0) for the Northeast Water Reclamation Facility Clarifiers
Project, and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
10.5 Approve an amended Contract For Purchase of Real Property between The
Times Publishing Company (Times), a Florida Corporation, St. Petersburg,
Florida and the City of Clearwater (City), Clearwater, Florida, for the City to
purchase from The Times real property described as Magnolia Park Subdivision,
part of lot 3 lying East of Railroad, all of Lots 4,5,6 and 8 , plus the East 27 feet
of lots 3 and 8, Block 11; together with Lot 3 less the West 4 feet, all of Lots
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5,6,7, and 8 less the West 4 feet, Block 8, according to the plat thereof as
recorded in Plat Book 1, Page 70, Public Records of Pinellas County, for the
sum of$ and authorize the appropriate officials to execute same, together with
all documentation required to effect closing; approve the appropriation of
$2,500,000 from Penny for Pinellas funds for subject property acquisition,
closing and site demolition expenses; and approve the terms and conditions of
the amended related temporary occupancy lease between the City and The
Times and authorize the appropriate officials to execute same.
Staff pulled item.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 County proposal to modify annexation requirements within enclaves
Planning and Development Director Michael Delk said Pinellas County has indicated a
willingness to relax current annexation requirements within enclaves. This change is a
reversion to prior allowance for annexation inside enclaves prior to the local law 00-63
being struck. The Board of County Commissioners has agreed to support changes that
would make it possible for cities to annex non-contiguous properties within Type A
enclaves (defined in the Florida Statutes as any unincorporated improved or developed
area that is enclosed within and bounded on all sides by a single municipality).
Modifying the current statutory annexation requirements within the County necessitates
the use of Part 11 of Chapter 171, F.S., which allows the County and cities to establish a
more flexible process for annexation through an interlocal agreement.
The Board intends to limit the discussion to only voluntary annexation of annexation
within Type A enclaves.
The County is seeking concurrence from cities with Type A enclaves that they support
the single issue amendment to this process.
Councilmember John Doran moved to approve Item 11.1. The motion was duly
seconded and carried unanimously.
12. Other Council Action
12.1 2011 Charter Review Committee Final Report
Discussion ensued with direction given to draft three ordinances for referendum
questions: 1) extending terms limits to three terms; 2) requiring the charter to be
Council 2011-10-06 16
reviewed at least every 6 years; and 3) requiring the Notice of Availability of the audit be
published annually.
Councilmember Paul Gibson moved to recommend requiring the Notice of Availability of
the audit be published annually. The motion was duly seconded and carried
unanimously.
Councilmember John Doran moved to recommend extending council term limits to three
terms. The motion was duly seconded and carried unanimously.
Vice Mayor George N. Cretekos moved to recommend that the charter be reviewed
every six years. The motion was duly seconded and carried unanimously.
One individual spoke in support of eliminating term limits. One individual supported
term limits.
12.2 St. Pete Times Editorial - Mayor Hibbard
Mayor Frank Hibbard requested support to submit a letter, signed by Council, in
response to the recent St. Pete Times editorial regarding city playgrounds. The letter
would clarify that the policy to begin strategically reducing the number of playgrounds
was approved by City Council in 2005.
One individual spoke in opposition of the St. Pete Times editorial.
Discussion ensued with no consensus to submit a letter.
12.3 Gulf Blvd. Signage — Vice Mayor Cretekos
Vice Mayor George N. Cretekos observed an abundance of signage on the Clearwater
stretch of Gulf Boulevard.
Traffic Operations Manager Paul Bertels said that there are 160 signs in that area of
which 103 are regulatory signs. There are seven pedestrian crosswalks in that area
and require state mandated signage. Mr. Bertels said 14 of the pedestrian crosswalk
signs could be eliminated as the City maintained them for better visibility after installing
new signage in 2009.
Assistant City Manager Jill Silverboard said there are approximately six regulatory
agencies who have signs on the roadway and do not inform the City when they install
their signs.
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One individual supported increasing business-related signage.
12.4 Armed Forces Museum - Mayor Hibbard
Mayor Hibbard said the St. Petersburg Times published an article regarding his meeting
with John Piazza, President of the Armed Forces Military Museum. The Mayor clarified
that he met with Mr. Piazza regarding moving the military museum to the downstairs
portion of the Harborview Center since the Aquarium will be occupying the second floor
for a 2-year period. No city commitment had been suggested.
One individual spoke in support.
12.5 PSTA Report on Jolley Trolley Funding - Councilmember Jonson
Councilmember Bill Jonson reviewed the history of the PSTA and Jolley Trolley routes.
The Jolley Trolley refined their cost/hour allocation this summer and requested a
$3/hour increase. Councilmember Jonson said the PSTA agreed to fund half of the
additional increase, approximately $15,000.
Jolley Trolley Executive Director Bob Longenecker gave a PowerPoint presentation of
the funding history of the organization. The Jolley Trolley was asking the PSTA to
match the City's contribution of 28.5%. The City approved an increased funding amount
of$163,443, which is $13,443 above the typical annual contribution of$150,000. The
PSTA, under Councilmember Jonson's motion, approved the staff recommended
contribution of$150,106, which included only $15,649 of the additional increased
funding request.
Councilmember Jonson said Mr. Longenecker did not provide the PSTA with
PowerPoint slides that emphasized the need for additional funding. Councilmember
Jonson said he would be willing to work with Mr. Longenecker to develop a proposal for
PSTA to pay the Jolley Trolley for all service onto the beach and into Park Street.
13. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events and congratulated Jim
Stephens for being appointed New Port Richey Interim Police Chief.
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14. Adjourn
The meeting was adjourned at 10:43 p.m.
Mayor
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