11/15/2011
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 15, 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.
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 Pam Smith from Grace Lutheran Church
3. Pledge of Allegiance – Mayor Frank Hibbard
4. Presentations – Given.
4.1 Business, Neighborhood, and Four Homes of the Quarter Awards
The 2011 Fall Neighborhood of the Quarter was presented to the Morningside Estates
Homeowners Association. The 2011 Fall Homes of the Quarter were presented to:
John and Arlene Verel, 211 Kerry Drive; Wayne Kline, 1011 Turner Street; The
Hartmans, 2010 Cleveland Street; and Kim Fuller, 301 Edgewood Drive.
The 2011 Fall Business Beautification Recognition Award was presented to Nauti-
Nancy’s Food Shack, 700 Eldridge Street.
4.2 Citizens Academy Graduates
Certificates of completion were presented to Dorothy Bailey, Wayne Carothers, Sheree
Clark, Thomas Cooney, Carlene Denmark, Gloria de Luna, Jasmina Forcan, Margaret
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Gibbs, Jason Gibertoni, Rebecca Kornecky, Peter Massarelli, Richard Porraro, Robert
Prast, Lynn Ridley, Michael Schweiger, Barbara Sorey, and Craig Stevens.
4.3 Jazz Holiday Presentation
Clearwater Jazz Holiday Foundation President Steven Weinberger thanked the City for
their continued efforts and presented Council with a framed annual poster.
5. Approval of Minutes
5.1 Approve the minutes of the November 3, 2011 City Council Meeting as
submitted in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the November 3, 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 – None.
In response to a concern raised at the November 3, 2011 council meeting regarding
Clearwater Police Department’s Operation Cold Steel, the City Attorney said staff
reviewed the constitutionality of the program prior to inception. Officers will conduct a
traffic stop when they have witnessed a violation of traffic law or when they have a well-
founded suspicion to connect the driver or passengers to a crime. Officers will not
initiate a criminal investigation or seize the metal unless they have probable cause the
person has committed a crime.
Public Hearings - Not before 6:00 PM
7. Quasi-judicial Public Hearings
7.1 Approve a Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Commercial (C) District for property located at 1911 North
Old Coachman Road (consisting of the South of Lot 15, Block A, Sunset Point
Estates), and pass Ordinance 8283-11on first reading. (REZ2011-07005)
This rezoning application involves the northern 0.07-acres of a 0.21-acre property
owned by Print Place, Inc., located on the east side of North Old Coachman Road
approximately 180 feet north of Sunset Point Road. This property has a Future
Land Use Map classification of Commercial General (CG) and the northern 0.07-
acres have a zoning designation of Low Medium Density Residential (LMDR).
This Future Land Use Map classification and zoning designation are inconsistent
according to the City's Comprehensive Plan. Therefore, the City of Clearwater, as
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the applicant, is requesting an amendment to the Commercial (C) District, which is
consistent with the Comprehensive Plan.
The 0.21-acre parcel functions as a print shop. The northern 0.07-acre portion,
which is the subject of this rezoning, is a grassy area on the western half and a
fenced in area with storage on the eastern half. The current use, Publishing and
Printing, is nonconforming and cannot be expanded. Any future redevelopment of
the property must comply with the Community Development Code.
The Planning and Development Department has determined that the proposed
zoning atlas amendment is consistent with the Community Development Code as
specified below:
The proposed amendment is consistent with the Comprehensive Plan and
the Community Development Code
The proposed amendment is compatible with the surrounding property and
character of the neighborhood
The available uses in the Commercial (C) District are compatible with the
surrounding area
Staff reports for REZ2011-07005 are available and provide the complete analysis.
The Community Development Board reviewed this application at its public hearing
on October 18, 2011 and unanimously recommended approval of the Zoning Atlas
amendment.
Councilmember John Doran moved to approve a Zoning Atlas Amendment from the
Low Medium Density Residential (LMDR) District to the Commercial (C) District for
property located at 1911 North Old Coachman Road (consisting of the South of Lot 15,
Block A, Sunset Point Estates). The motion was duly seconded and carried
unanimously.
Ordinance 8283-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to pass Ordinance 8283-11 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.
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7.2 Approve the vacation of the easternmost 136 feet of Brownell Street, a City right-
of-way, terminating at South Madison Avenue and pass Ordinance 8301-11 on
first reading. (VAC2011-04 Fire Station45)
The City is in the process of designing Fire Station 45 to be located northwest of
the intersection of Court Street and South Madison Avenue. The design calls for
development within a portion of Brownell Street, a City right-of-way.
City staff will coordinate with private utility providers to relocate facilities currently
lying within the area proposed for vacation, at the City's expense. Likewise, a 4-
inch potable water line owned and operated by the City will be relocated as part of
the construction project.
The Engineering Department conducted an interdepartmental review of the
request. All City service and utility providers, potentially affected by the vacation,
concur with the staff recommendation.
In response to a question, Engineering Construction Manager Tara Kivett said staff
anticipates having design documents completed by May 2012 and a revised cost
estimate by end of the month.
Councilmember Paul Gibson moved to approve the vacation of the easternmost 136
feet of Brownell Street, a City right-of-way, terminating at South Madison Avenue. The
motion was duly seconded and carried unanimously.
Ordinance 8301-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8301-11 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.
7.3 Approve the request from FSH7, LLC to vacate the 15-foot alley lying 150 feet
east of Fort Harrison Avenue between Chestnut Street and Rogers Street
subject to certain conditions; accept a drainage and utility easement granted to
the City over the vacated area; and pass Ordinance 8300-11 on first reading.
(VAC2011-03 FSH7)
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FSH7, LLC owns property fronting the subject alley on both sides and is seeking
the vacation of the alley to expand its existing parking area. As owner of the
abutting property, the applicant would become the owner of record of the vacated
area.
Progress Energy has no facilities in the alley and has no objection to the request.
Bright House, Verizon and Knology have facilities in the alley and will have no
objection to the request as long as easements are granted over the vacated area
for their continued use. Likewise, the City has a sanitary pipe located within the
alley. The requestor has agreed to convey a utility easement over the vacated
area for the City's use of the area as a utility corridor.
The Engineering Department conducted an interdepartmental review of the
request. All City service and utility providers, potentially affected by the vacation,
concur with the staff recommendation.
Joe Burdette, applicant representative, said CDB approval was not needed and
requested the contingency be omitted.
The City Attorney said Engineering staff has recommended the contingency remain
because if the project were not approved, staff would like the road pattern to remain
intact.
Engineering Director Michael Quillen said staff included a language in the ordinance
regarding the contingency for CDB approval since the second reading will occur prior to
the CDB meeting.
Councilmember John Doran moved to approve the request from FSH7, LLC to vacate
the 15-foot alley lying 150 feet east of Fort Harrison Avenue between Chestnut Street
and Rogers Street subject to certain conditions; accept a drainage and utility easement
granted to the City over the vacated area. The motion was duly seconded and carried
unanimously.
Ordinance 8300-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to pass Ordinance 8300-11 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.
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"Nays": None.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8268-11 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use
designation for certain real property whose post office address is 2985 Drew
Street and 2995 Drew Street from Residential Medium (RM) and
Residential/Office/Retail (R/O/R) to Residential/Office Limited (R/OL). (LUP2011-
01002)
Ordinance 8268-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8268-11 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 8269-11 on second reading, amending the Zoning Atlas of the
city by rezoning certain real property whose post office address is 2985 Drew
Street and 2995 Drew Street from Medium Density Residential (MDR) and
Commercial (C) to Office (O). (REZ2011-01002)
Ordinance 8269-11 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8269-11 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 8299-11 on second reading, amending Section 2.263(1), Code
of Ordinances, to provide for no salary increase for the Mayor and
Councilmembers in March 2012.
Ordinance 8299-11 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8299-11 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.
City Manager Reports
9. Other Items on City Manager Reports
9.1 Approve a one-year Agreement with Coordinated Child Care and the City of
Clearwater for funding of youth programs, at a rate of $13.26 per child, per day
and authorize the appropriate officials to execute same.
Since 2000, the City has received funding from JWB Children's Services Council
to provide after school and summer programming for youth in Clearwater. Once
again, the City has been awarded funding for youth programming for Fiscal Year
2011/2012 from Coordinated Child Care, which is the administrative service
agency used by JWB to distribute and oversee these funds.
Rather than funding a set amount for the program, this Agreement will pay $13.26
per child, per day. From past history, this will amount to approximately $150,000
per year and serve approximately 60 youths that meet the program criteria.
"Charting a Course for Youth" is a program developed to nurture youngsters at
the Clearwater neighborhoods in which youth need the most direction. The
program leaders have developed a safe haven for community youth and pre-teens
ages 9 - 12 at Ross Norton Recreation Complex.
The program is designed to incorporate exercise and nutrition based activities in
an after school and summer camp setting, to encourage healthy lifestyle choices,
improve social skills, increase athletic abilities, and develop leadership skills of the
participants. There is no requirement to continue the program when the grant
ends.
Vice Mayor George N. Cretekos moved to approve a one-year Agreement with
Coordinated Child Care and the City of Clearwater for funding of youth programs, at a
rate of $13.26 per child, per day and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
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9.2 Review and approve the proposed substitute artworks for Sculpture360: Season
IV Art in the Cleveland Street District.
On October 20, 2011, the City Council approved the selection and
recommendation of artwork for Sculpture 360: Season IV - Art in the Cleveland
Street District. Unfortunately, two of the pieces selected are unavailable as first
presented to the Selection Panel, the Public Art and Design Board and staff. This
agenda item is thus presented to City Council for the purpose of a review of
proposed substitute artworks for the exhibition.
The proposed substitute artworks have been reviewed and approved by the
project Selection Panel and the Public Art and Design Board and have been found
to meet the requirements of the Sculpture360 program and satisfy the themes of
the exhibition.
Staff has confirmed that there are no issues involved with the substitute artwork.
Further information about the artists and selected artwork is available.
Councilmember Paul Gibson moved to approve the proposed substitute artworks for
Sculpture360: Season IV Art in the Cleveland Street District. The motion was duly
seconded and carried unanimously.
9.3 Appoint Paul E. Maser to the Board of Trustees, Clearwater Police
Supplementary Pension Fund, with term to expire November 1, 2013.
In keeping with the provisions of Florida Statute 185.05, which states in part..."the
board of trustees shall consist of five members, two of whom, unless otherwise
prohibited by law, shall be legal residents of the municipality, who shall be
appointed by the legislative body of the municipality..."
On November 5, 2009, Paul E. Maser (1125 Fairwood Avenue, Clearwater) was
appointed by the City Council to serve on the Board of Trustees of the Police
Supplementary Pension for a period of two years (Nov. 1, 2009 to Nov. 1, 2011).
The Board of Trustees of the Clearwater Police Supplementary Pension Fund
recommends that Paul E. Maser be appointed to serve a 2-year term as trustee
(term will expire on Nov. 1, 2013). Mr. Maser has stated that he will accept the
appointment.
Councilmember Bill Jonson moved to appoint Paul E. Maser to the Board of Trustees,
Clearwater Police Supplementary Pension Fund, with term to expire November 1, 2013.
The motion was duly seconded and carried unanimously.
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9.4 Approve an agreement between The Florida Commission on Volunteerism and
Community Service and the City of Clearwater renewing the AmeriCorps
Clearwater program, for the period of January 1, 2012 through December 31,
2012, including a cash match in the amount of $80,022, and authorize the
appropriate officials to execute same.
The Clearwater Police Department has been a participating member of the
AmeriCorps program since 1995, and for the past 7 years has been the lead
agency and grantee for AmeriCorps Clearwater. AmeriCorps Clearwater is a
public safety program designed to foster citizen responsibility, build neighborhood
unity, provide educational opportunities, and save police officer time by members
performing non-hazardous public safety duties. Each full-time program member
provides 1,700 hours annually and each part-time member provides 900 hours
annually, resulting in a savings of over 22,500 hours of valuable service time to
our citizens. This allows police officers and department personnel to devote more
time to hazardous and critical crime mitigation tasks. AmeriCorps members
promote a safe and friendlier place to live and visit. They also serve as a conduit
for dissemination of information to residents and visitors who are most affected by
ongoing changes in the City.
The Clearwater Police Department benefits from the members' assistance with
community policing efforts and the opportunity to mentor and mold the potential
police officers of the future. Eight full-time AmeriCorps members, ten part-time
AmeriCorps members and one AmeriCorps Program Coordinator are assigned to
the Clearwater Police Department. The full-time AmeriCorps members receive a
minimum living allowance/stipend of $12,100 per year, and part-time AmeriCorps
members receive a living allowance/stipend of $6,406 per year. A continuation
funding request and application was submitted and approved by The Corporation
for National and Community Service for Federal Assistance in the amount of
$175,459. Special Project 181-99250 has been set up for AmeriCorps Clearwater
2012. A budget amendment will provide the cash match with a transfer of
$80,022from the Special Law Enforcement Trust Fund project 181-99331.
Councilmember John Doran moved to approve an agreement between The Florida
Commission on Volunteerism and Community Service and the City of Clearwater
renewing the AmeriCorps Clearwater program, for the period of January 1, 2012
through December 31, 2012, including a cash match in the amount of $80,022, and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
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9.5 Approve revised Prisoner Transport Interlocal Agreement between the City of
Clearwater and the Pinellas County Sheriff’s Office for the period January 1,
2012 through September 30, 2013, and authorize the appropriate officials to
execute same.
On July 16, 2009, the City Council approved the Police Department's participation
in a countywide project with the Pinellas County Sheriff's Office (PCSO) to
implement a Prisoner Transport System.
Under the Prisoner Transport System, law enforcement officers in seven cities
contact PCSO when they have arrested one or more individuals who need to be
transported to the county jail. PCSO will pick up the prisoner(s), transport at the
time of arrest and book the person(s) into the jail, allowing the municipal police
officer to go back into service immediately.
The program was officially implemented on October 1, 2009 and has proven to be
a huge success, saving police officer time and transportation costs to and from
the jail.
The Agreement revision now includes the Pinellas Safe Harbor as a destination
drop-off point. Further, if Clearwater desires the services of the Sheriff's Prisoner
Transport Unit (PTU) for a specific/special event, the service will be provided as
an off-duty detail and billed at the Sheriff's current off-duty rate of $45.00 per hour.
There is a three-hour minimum.
The Sheriff will continue to invoice Clearwater on a monthly basis for all services
rendered under this Agreement. The invoice cost will continue to be deducted
from Clearwater's balance from the Justice Assistance Grant funds.
After the September billing, there was $441,659.69 remaining in the Police
Department's portion of this grant funding. Based on a fiscal year 2011 monthly
average of $17,200, the remaining funding should last until the termination of this
Agreement.
In response to questions, Clearwater Deputy Police Chief Sandra Wilson said officers
no longer have to stay until the medical release, creating time savings.
Staff was directed to provide additional information regarding officer productivity
savings.
Vice Mayor George N. Cretekos moved to approve revised Prisoner Transport Interlocal
Agreement between the City of Clearwater and the Pinellas County Sheriff’s Office for
the period January 1, 2012 through September 30, 2013, and authorize the appropriate
officials to execute same. The motion was duly seconded and carried unanimously.
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9.6 Approve an agreement between Redflex Traffic Systems, Incorporated and the
City of Clearwater to initiate a Red Light Camera Safety Program, incorporate
one (1) additional full-time equivalent position within the Police Department, and
authorize the appropriate officials to execute same.
In April 2011, the City of Clearwater issued request for proposal (RFP) 22-11,
which sought proposals relating to the implementation of a Red Light Camera
Safety Program.
A committee, which comprised employees from the Police Department, Traffic
Engineering, and the Legal Department, evaluated the submitted proposals;
Redflex Traffic Systems, Incorporated received the highest ranking.
As directed by the City Council, and through negotiations with Redflex Traffic
Systems, Incorporated, the proposed agreement would initially result in a 6-month
Red Light Camera Pilot Program. The 6-month pilot will commence from the point
of full system operation and compliance with Florida State Statutes governing Red
Light Camera Programs. If at the end of the pilot period the program is deemed
successful (resulting in reductions of red light violations by at least 15 percent at
the selected intersection approaches), the agreement will continue for an
additional 2.5 years, resulting in a three year initial contract term. The agreement
authorizes, upon agreement of the parties, two (2) optional 2-year extensions.
Three intersection approaches were selected, based upon the rate of red light
crashes occurring at each intersection, for participation in the pilot program. The
targeted approaches are: eastbound Chestnut Street at South Fort Harrison
Avenue, westbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road, and
eastbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road.
Under the terms of the agreement, the City of Clearwater would transfer to
Redflex Traffic Systems, Incorporated monthly, the amount of $4,270.00 per
intersection approach should 5 or fewer intersection approaches be utilized in the
program. If more than five intersection approaches are implemented, a per month
intersection approach fee of $4,100.00 would apply.
In an effort to ensure negligible budgetary impact, should the derived revenues
not exceed the per intersection approach fee during any given period, Redflex
Traffic Systems, Incorporated agrees to allow the City of Clearwater to defer
payment of the deficit amount. At the end of the contract term, should collections
be insufficient to account for the balance due, Redflex Traffic Systems,
Incorporated waives its right to collection of the deficit amount and the City of
Clearwater may terminate the contract with cause. Overages in collections during
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any subsequent billing period would be applied to applicable monthly balance(s)
in arrears.
Should the contract be terminated without cause prior to the initial term expiration
(three years), the City of Clearwater could be liable for the unamortized facility
costs of each intersection approach (maximum potential liability of $27,000 per
intersection approach). By way of example, should the City of Clearwater
terminate the contract, without cause, one year after the installation of an
operational approach, Redflex Traffic Systems, Incorporated would have the right
to be reimbursed an amount not to exceed $18,000 per intersection approach, as
33% of the facility costs would have already been amortized and depreciated.
The Police Department is seeking approval for one additional Full Time Equivalent
(FTE) to accommodate the review of prospective violations, citation issuance, and
prosecution/courtroom presentation related to Red Light Camera violations. This
single FTE would be divided between 2 part-time employees. During the pilot
period, the Police Department would only anticipate utilizing 1 of these part-time
employees and would seek the second part time employee at the point of full-
scale program implementation. A First Quarter Budget Amendment will establish
cost center 1139 in the Police Department operating budget to capture personal
services expenditures related to this FTE and to reflect the offsetting revenue for
this expense.
The agreement additionally calls for the first $500.00 in collections (per
intersection approach, per month) to be transferred to the City of Clearwater to
offset employee costs associated with the review and prosecution of Red Light
Camera violations.
In response to questions, Assistant City Attorney Rob Surette said the city ordinance
complies with Florida Statutes and is constitutional. Traffic Operations Manager Paul
Bertels said red light cameras lead to a reduction of red light running infractions and will
improve safety for Clearwater drivers. Staff will monitor the data provided by the
Pinellas County Crash Center. Mr. Bertels said the data used to identify the originally
proposed camera locations was based on the white light program that monitored red
light infractions, not accidents. The camera locations were changed after Pinellas
County updated their software at the crash center and began monitoring accidents.
Police Lieutenant David Dalton said the City would be responsible to pay Redflex for
any unamortized cost if the contract is terminated without cause.
Staff was directed to provide information regarding the cost savings on manpower for
enforcement.
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In response to a concern regarding a net increase in accidents, the City Attorney said
the agreement defines program success as a 15% reduction in red light running;
changing the definition would be negotiable.
Two individuals spoke in opposition.
In response to questions, Mr. Bertels said the City does not have jurisdiction over the
amber light timing. The amber light timing is regulated by state law. Redflex
representative Charlie Buckles said Reflex is prepared to provide signage for all four
directions of each intersection if approved by the Florida Department of Transportation.
Vice Mayor George N. Cretekos moved to amend the contract to include a reduction in
accidents, as well as a reduction in red light running violations, as cause to end the
contract. The motion was duly seconded. Upon the vote being taken, Vice Mayor
George N. Cretekos and Councilmember Paul Gibson voted “Aye;” Mayor Frank
Hibbard and Councilmembers John Doran and Bill Jonson voted “Nay.”
Motion failed.
Councilmember Bill Jonson moved to approve an agreement between Redflex Traffic
Systems, Incorporated and the City of Clearwater to initiate a Red Light Camera Safety
Program, incorporate one (1) additional full-time equivalent position within the Police
Department, and authorize the appropriate officials to execute same. The motion was
duly seconded. 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.
9.7 Approve a Professional Services Agreement with Geosyntec Consultants for
Engineering Design and Permitting Services in an amount not to exceed
$300,000; establish a Stormwater Maintenance Street Sweeping Facility Capital
Improvement Program project; and authorize the appropriate officials to execute
same.
A Request for Qualifications (27-11) was advertised to identify an Engineering firm
for the design and permitting of a Stormwater Maintenance Street Sweeping
Facility at the City's Public Service Complex (Sherwood Yard). This facility will be
for the collection and processing of soil, rocks, vegetative debris, asphalt, and
similar materials normally associated with and actually from construction and
routine maintenance of roads and stormwater facilities, when such materials are
beneficially used or reused by the generator as part of a roadway or stormwater
maintenance project. Geosyntec Consultants of Tampa was selected as the result
of the rating and ranking process. Stormwater Engineering and Stormwater
Maintenance will work with Geosyntec to develop the scope of services and work
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order to upgrade this facility in accordance with Florida Department of
Environmental Protection regulations. First quarter amendments will establish
Capital Improvement Program project with transfers of Stormwater Utility Revenue
in the amounts of $87,376.85 from 0315-96158, Transfer Yard Upgrade and
$262,623.15 from 0315-96169, Stevenson Creek to 0315-96180, Stormwater
Maintenance Street Sweeping Facility to fund the agreement and miscellaneous
expenses that may occur before construction begins for total funding in the
amount of $350,000.
In response to a question, Environmental Manager Ed Chesney said the City reuses
millings and concrete rubble when possible; materials sent to Sherwood Yard have a
beneficial reuse. The project will remain within the footprint of Sherwood Yard.
Councilmember John Doran moved to approve a Professional Services Agreement with
Geosyntec Consultants for Engineering Design and Permitting Services in an amount
not to exceed $300,000; establish a Stormwater Maintenance Street Sweeping Facility
Capital Improvement Program project; and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Council recessed from 7:47 p.m. to 7:56 p.m.
9.8 Approve Economic Development Strategic Plan Implementation Matrix and
authorize $100,123 in general fund reserves to fund one (1) FTE and 50% of the
Assistant Director of Economic Development and Housing position to implement
the City of Clearwater Economic Development Strategic Plan in 2011-2012.
On August 1, 2011, TIP Strategies, Inc. presented recommendations for the City
of Clearwater's Economic Development Strategic Plan, a blueprint for positioning
Clearwater for sustainable economic growth and prosperity in the future.
As follow up to Council discussion, staff prepared an implementation matrix that
outlines each of the action items in the plan, staff recommendation on priority,
timeframe for accomplishing task, and staffing and funding needed for each item.
The high-priority action items are identified as follows:
Employment center overlay district
Technology district in the CRA (Downtown/Cleveland Street District/East
Gateway)
Medical overlay district
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Business-friendly initiatives
Formal incentives policy
Business retention and expansion program
Leverage tourism marketing for economic development
In order to implement these high-priority items, staff is recommending
restructuring the current job responsibilities of the Assistant Director of Economic
Development and adding one (1) new FTE (Full-Time Equivalent) as
recommended in TIP's Strategic Plan Report as follows:
50% of the Assistant Director of Economic Development and Housing
position will be devoted to Economic Development and Plan
implementation.
Currently, this position is funded 100% from the Housing Division (federal grants).
Staff recommendation is for the position to be funded 50% from Housing and 50%
from Economic Development. Estimated cost is $47,359 from General Fund
Reserves.
One (1) new FTE (Economic Development Specialist) is needed, per the
TIP report and the Implementation Plan, to conduct research, generate and
analyze data to support business retention and expansion program as well
as other Plan implementation activities. Estimated cost is $52,764 from
General Fund Reserves.
50% of the Downtown Manager's time will be assigned to the
implementation of a Technology District in the Downtown as well as the
Software cluster development and other business recruitment activities.
This position is currently funded 100% by CRA. This reallocation of time
from retail to business recruitment, as well as a request for tax increment
funding needed to establish a grant program development/incentives will
be presented to the CRA Board for their approval.
The remaining high-priority items identified in the matrix can be accomplished with
existing staffing and funding in the Economic Development budget for Fiscal Year
2011-2012. Action items for Fiscal Year 2012-2013 will be presented as part of
the Economic Development Budget in the coming fiscal year. In addition, Planning
and Development Department action items are being addressed through
implementation of the Business Task Force recommendations and existing
staffing and resources in their Department budget.
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A first quarter budget amendment will transfer $100,123 from General Fund
Reserves to the Economic Development budget.
Vice Mayor George N. Cretekos moved to approve Economic Development Strategic
Plan Implementation Matrix and authorize $100,123 in general fund reserves to fund
one (1) FTE and 50% of the Assistant Director of Economic Development and Housing
position to implement the City of Clearwater Economic Development Strategic Plan in
2011-2012. The motion was duly seconded and carried unanimously.
9.9 Approve Work Order in the amount of $325,440 to Engineer of Record Cardno
TBE to complete remediation activities at the former CarPro Site, as outlined in
the Brownfields Site Assessment Report and Remedial Action Plan, for the
property located on the southwest corner of Cleveland Street and South
Evergreen, parcel 15-29-15-64890-003-0010, in the East Gateway District of the
Community Redevelopment Agency (CRA) boundaries and authorize the
appropriate officials to execute same.
On June 1, 2010, the Clearwater Community Redevelopment Agency (CRA)
approved the purchase of the subject property (known as the Car Pro site) for
environmental remediation, the removal of a non-conforming land use and the
potential future redevelopment of the site. To date, a Phase I and Phase II
environmental site assessment, Site Specific Quality Assurance Project Plan, a
Community Relations Plan (CRP), an Analysis of Brownfields Cleanup Alternative
(ABCA), and an approved Brownfields Site Rehabilitation Agreement (BRSA)
have been completed and funded from federal Brownfields grants. These listed
activities are in accordance with the Terms and Conditions of the current City of
Clearwater Brownfields Grants and in accordance with Chapter 17-785
(Brownfields Cleanup Criteria Rule).
The Work Order Scope of Services is designed to support the active remediation
of contaminated groundwater using enhanced bio-remediation of dissolved
chlorinated solvents. Active remediation monitoring will occur 30 days after
injection is complete and will occur quarterly thereafter for a period of one year.
Based on the schedule, the remediation and post-active remediation monitoring
(PARM) program will be completed approximately 1.5 years after project initiation.
The CRA will be using the Brownfields Revolving Cleanup Loan Fund Grant
(BRCLF) to fund the remediation as approved by City Council Resolution 11-19
and Interlocal Agreement approved on September 1, 2011.
Councilmember Paul Gibson moved to Approve Work Order in the amount of $325,440
to Engineer of Record Cardno TBE to complete remediation activities at the former
CarPro Site, as outlined in the Brownfields Site Assessment Report and Remedial
Council 2011-11-15 16
Action Plan, for the property located on the southwest corner of Cleveland Street and
South Evergreen, parcel 15-29-15-64890-003-0010, in the East Gateway District of the
Community Redevelopment Agency (CRA) boundaries and authorize the appropriate
officials to execute same. The motion was duly seconded and carried unanimously.
9.10 Award a contract (Purchase Order) in the amount of $156,902.00 to Ten-8 Fire
Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL 34203, for one (1)
Medtec Transport Ambulance, 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.
This ambulance will be purchased through the Florida Sheriff's Association and
Florida Association of Counties Contract 10-09-0907 in proposal dated October
18, 2011.
The new vehicle, Rescue 46, will be located at the Clearwater Beach station and
replace a unit purchased in 2005. The unit will be built to the same specifications
as the last four units acquired and allow standardization of repair and
maintenance activities. The unit it replaces will move to reserve status and
replace a unit (G 2111), which will be retired. Due to the age, mileage and
maintenance costs of this vehicle, it has been determined to have reached the
end of its useful life as a front line rescue unit.
Clearwater Fire and Rescue performs emergency medical services (EMS) under
a contract with the Pinellas County EMS Authority. The proposed purchase was
included in the Fiscal Year 2012 contract with the Authority and the budget
submitted to Pinellas County; and the City will be reimbursed for the purchase.
Lease purchase funding in the amount of $160,000 for the purchase of one
vehicle was included in the six-year City's Capital Improvement 2012 budget in
project 316-91236, Rescue Vehicles. Funds for debt payments are included in
the Fiscal Year 2012 department operating budget.
Estimated annual operating costs of $41,910 in the department's operating
budget include debt costs and garage charges for operating and maintaining the
vehicle. Garage charges on the new vehicle are expected to be less than the
vehicle being retired.
In response to questions, Fire Marshal Steven Strong said all current rescue truck
purchases meet heavy-duty guidelines. Assistant City Manager Jill Silverboard said
the proposed purchase is comparable to the vehicle it is replacing and staff does not
anticipate the county EMS issues to be resolved within six months.
Council 2011-11-15 17
Councilmember John Doran moved to award a contract (Purchase Order) in the amount
of $156,902.00 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton,
FL 34203, for one (1) Medtec Transport Ambulance, 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. The motion was duly seconded and carried unanimously.
9.11 Authorize the negotiation of an interlocal agreement with the City of Dunedin
concerning the use of the City of Clearwater Employee Health Center.
The City of Dunedin is interested in partnering with Clearwater in the use of the
Employee Health Center (EHC). In order to accomplish this, an interlocal
agreement, which will stipulate how the arrangement will work, must be
negotiated. Clearwater would have the final say on any issues involving the
Health Center.
Dunedin would pay a portion of the startup costs Clearwater paid prior to the
Clinic opening. They would also contribute to the operating cost of the clinic by
paying Clearwater a percentage of the monthly Health Center operating
expenses, based on the size of their employee population and for those items
that the parties share in the use of the facility such as rent, utilities, maintenance,
staff salaries, etc. The City will also want to determine whether, or not, to assess
an additional fee (possibly on a per-member-per-month basis) in order to
generate revenue from the enterprise. All other costs that can be reasonably
identified as specific to each party, such as labs, radiological services,
prescription medications, and health assessments would be paid as a pass
through and would be billed directly to Dunedin and the City by Care ATC.
In order to accommodate the additional patient population, the EHC hours will be
extended by 15 hours per week. The EHC would open one hour earlier at 7:00
a.m., stay open through lunch and not close until 6:00 p.m. Additional staff will
likely be necessary, and work schedules would be staggered to cover the total
hours for the week.
A breakdown of the estimated costs is as follows:
Reimbursement for start up costs: up to $10,175 (one-half of our cost)
Estimated operating expense reimbursement: $136,000, based on 17%
(Dunedin's employee population in relationship to Clearwater's) of the
$800,780 annual operating expenses the City budgeted for rent, utilities,
Council 2011-11-15 18
maintenance, common medical supplies, shipping, and waste services in
Fiscal Year 2012, plus staff salaries including the additional fifteen hours
per week. A sliding scale could also be established for this cost in the
event that Dunedin's usage of the facility exceeds their percentage of the
overall population.
The pass through costs that would be paid directly to CARE ATC by
Dunedin and the City on a fee per use basis would be Administration fees,
Personal Health Assessments, lab and radiological services, flu shots, and
prescription medications.
This arrangement is advantageous to Clearwater in that it will help defray
operating expenses and possibly generate additional revenue while expanding
service hours with no adverse impact on our employees' access to the facility.
In response to questions, Gehring Group representative Kurt Gehring said Martin
County Board of County Commissioners has created a similar partnership with the City
of Stuart and Martin County Sheriff’s Department and have experienced no conflicts.
City of Dunedin Human Resources Director Nancy Duggan said the City considered
opening a clinic but determined the hours of operation would be restricted to fifteen
hours per week and would not provide the savings or utilization needed.
Vice Mayor George N. Cretekos moved to authorize the negotiation of an interlocal
agreement with the City of Dunedin concerning the use of the City of Clearwater
Employee Health Center. The motion was duly seconded and carried unanimously.
9.12 Disband the Charter Review Committee.
The Charter Review Committee submitted a report with recommendations to the
Council on October 3, 2011 and completed its review of the City Charter.
Councilmember Paul Gibson moved to disband the Charter Review Committee. The
motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 Outdoor Display
Council 2011-11-15 19
The City Manager said at that last council meeting staff provided Council with an update
regarding the status of outdoor displays on the beach and staff interpretation of city
code. Staff will continue to enforce the code as interpreted by the Planning and
Development Director unless Council directs otherwise.
Discussion ensued with support expressed to staff interpretation of city code as it
relates to outdoor displays. There was consensus not to pursue any action.
10.2 Reschedule December 15, 2011 City Council Meeting.
Councilmember John Doran moved to reschedule the December 15, 2011 council
meeting to December 14, 2011 at 6:00 p.m. The motion was duly seconded and carried
unanimously.
Councilmember Paul Gibson requested consideration to reschedule the June 21, 2012
council meeting, as he will be out of town.
Councilmember John Doran moved to reschedule the June 21, 2012 council meeting to
June 20, 2012 at 6:00 p.m. The motion was duly seconded and carried unanimously.
11. Other Council Action
11.1 Post Office Closure on Clearwater Beach - Councilmember Gibson
Councilmember Paul Gibson expressed concerns regarding the proposed closure of the
Clearwater Beach Post Office and requested consideration be given to direct the City
Manager to discuss potential rent adjustments with postal management.
In response to questions, Marine and Aviation Director Bill Morris said the Clearwater
Beach Post Office currently has a four-month lease extension at a $30,000 annual rate
to occupy a 1/3 of the bottom floor of the Clearwater Beach Marina. The annual rate
was originally $40,000. Initial discussions with postal management indicated a
willingness to maintain the office location if rent was free but recently offered an
alternative that would allow post office boxes in the carport area. Mr. Morris said
moving the post office boxes to the carport area would open the currently leased area
(approximately 3,200 sq. ft.) for rent. Several individuals have expressed an interest for
the space and some are willing to pay market rent.
There was no consensus to pursue action.
Council 2011-11-15 20
11.2 Athletics Field at Jack Russell Memorial Stadium Parking Lot
The City Manager said the Parks and Recreation Advisory Board drafted a memo
urging Council to consider enhancing the recreational uses of the site with multipurpose
fields for the youth of Clearwater and to address the gap in multipurpose fields in the
North Greenwood community.
In response to questions, Parks and Recreation Director Kevin Dunbar said the cost to
enhance the facility with two multi-purpose fields, fencing, and lighting is approximately
$600,000. The subsurface is not safe to play on and needs to be addressed. Mr.
Dunbar said the project may be eligible for a grant to offset some of the costs and
Penny for Pinellas funds would be available in 2015.
Discussion ensued with consensus for staff to research feasibility of enhancing the
recreational uses at Jack Russell Stadium with multi-purpose fields.
11.3 Transportation Impact Fees-Councilmember Gibson - Hampton Inn motel vs.
hotel MPO/TCC decision
Traffic Operations Manager Paul Bertels said the developer of the Hampton Inn, located
at the former Port Vue Hotel, claimed it was a motel and not a hotel. Staff reviewed the
Traffic Impact Fees and determined the facility is a hotel. The developer appealed to the
Pinellas County Technical Coordinating Committee (TCC) and the TCC ruled in favor of
the developer. The TCC ruled that the facility does not have any outside attractants and
the fees should be assessed as a motel. The opinion of the TCC is advisory in nature
and the City does not need to follow. Mr. Bertels said plans did include a meeting room
and a rooftop pool that staff considered to be outside attractants. During the appeal
hearing, staff was made aware that plans no longer included a rooftop pool but a bar.
In response to questions, Mr. Bertels said the money collected is split evenly with the
City and Pinellas County and used for transportation improvements. The TCC is
expected to revisit the land use definitions related to hotels and motels.
Staff was directed to verify the accessory use defined in the development agreement.
12. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
Council 2011-11-15 21
13. Adjourn
The meeting was adjourned at 9:27 p.m.
Mayor
Attest City of Clearwater
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Council 2011-11-15 22
CLEARWATER CITY COMMISSION
Meeting Date: iF 15 i l
Item # 4. 40
As stated in Commission Rules, "Representatives of a group may speak for three minutes
plus an additional minute for each person in the audience that waives their right to speak, up
to a maximum of ten minutes."
We the undersigned designate 0-curd Ue (please print)
as our spokesperson and waive our right to speak.
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