02/13/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
February 13, 2012
Present: Mayor George N. Cretekos, Councilmember Paul Gibson,
Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Mayor George N. Cretekos called the meeting to order at 1:02 p.m. at City Hall.
1. Presentations
1.1 Service Awards
Three service awards were presented to city employees.
The February 2012 Employee of the Month Award was presented to Scott Batten,
Public Utilities.
Council recessed from ** to 1:09 p.m. to meet as the Pension Trustees.
2. City Auditor
2.1 Appoint a City Councilmember as the Audit Committee representative to serve
the remaining unexpired term through March 8, 2015, pursuant to Section
218.391 Florida Statutes.
Per Council Policy adopted December 3, 2009, the Council appoints a five
member Audit Committee comprising three City staff members, a Councilmember,
and a citizen responsible for soliciting external audit proposals via a competitive
Request for Proposals (RFP) process every five years at a minimum and for
managing the City's annual external audit process as appropriate. On March 18,
2010, the Council appointed five members to the Audit Committee: Laura
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Mahony, City Attorney's Office; Clem Vericker, Finance; Robin Gomez, City Audit;
Herb McLachlan, citizen representative; and John Doran, Councilmember.
Councilmember John Doran served as the City Council representative on the
Audit Committee until his departure in February 2012 due to Council term-limits.
Appointment of a Councilmember will complete the required five member Audit
Committee.
There was consensus to appoint Councilmember Bill Jonson.
3. Economic Development and Housing
3.1 Approve a term sheet to modify the terms of an existing loan between the City of
Clearwater and Greenwood Apartments, LLC, c/o Banc of America Community
Development Corporation in the amount of$1,000,000; facilitate a change in
ownership, management and debt repayment restructure; modification will be
contingent upon all terms identified in the term sheet, acquisition of Greenwood
Apartments, LLC by HallKeen Management, Inc. and subject to loan closing on
or before June 30, 2012, and authorize the appropriate officials to execute same.
consent
On December 31, 2001, the City of Clearwater City Commission approved a
$700,000 loan to Greenwood Apartments, LLC c/o Banc of America Community
Development Corporation (BACDC) to purchase/renovate Palmetto Park
Apartments (formerly known as Greenwood Apartments). Palmetto Park
Apartments is a 192-unit rental housing complex originally built in the 1950's. The
property is located at 1001 North Martin Luther King, Jr. Avenue, Clearwater. The
original loan included an eighteen-year term with a 10-year deferment or twenty-
four months of positive cash flow after developer's fee, whichever came first and a
three percent interest rate from year eleven through eighteen.
At the time of renovation, the project costs were estimated at $13 million. First
mortgage financing was through Pinellas County Housing Finance Agency bonds
in the amount of$6,500,000; other sources of funding included City of Clearwater
SHIP funds at $700,000, Pinellas County SHIP funds at $300,000, tax credit
equity at $3,900,000, Neighborhood Reinvestment Corporation (through
Clearwater Neighborhood Housing Services, Inc.) at $200,000, Brownfields grant
at $21,000, Banc of America Equity at $1,100,000 and deferred developer fee at
$171007000.
The City injected an additional $300,000 on March 20, 2003 to bring its total loan
amount to $1,000,000 for the acquisition/renovation project. It was anticipated the
City would receive approximately $1.25 million dollars in return for its investment
through the loan repayment with interest.
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Due to prior problems with lease-up, high vacancy rates, and low rents, the
project has not generated enough positive cash flow to pay the city loan (currently
in second position). In its present status, it is not projected that the City will
receive any loan payments. The property is currently encumbered by over$9.4
million of debt and is estimated to be valued between $1.3 and $1.5 million. Under
the current scenario, the project will probably fail to meet its obligations. The
current amount due to the City including interest is $1,185,153.
In order to improve the project's status, BACDC is under contract to sell the Banc
of America Community Development Corporation's General Partner interest to
HallKeeen Management, Inc (Hallkeen). As part of the contract with HaIlKeen,
BACDC will pay off the existing $3.4 million first mortgage if HaIlKeen is approved
as the new manager of Greenwood Apartments LLC and is able to restructure the
existing subordinate debt that will allow all stakeholders to benefit by paying down
the debt. In addition, another $1.8 million of BACDC loan will also be eliminated
thereby lowering the property debt to about $4.2 million.
Hallkeen Management Inc. is a for-profit professional real estate management
and investment company with a focus on quality affordable housing communities.
Hallkeen manages over 65 properties and 6,500 units of housing along the east
coast and takes great pride in its experience and reputation as a strong
community partner in planned development and redevelopment initiatives that
serve a mix of uses and populations while promoting economic development,
affordable housing, smart growth, adaptive reuse and historic preservation
principals. Hallkeen is an investor in about 60% of the communities it manages.
Hallkeen and Hallkeen's designated affiliates (together "HKM") and Clearwater
Neighborhood Housing Services, Inc. (CNHS) are requesting that the City of
Clearwater modify its loan to the following-
1. Increase the mortgage term from 18 to a new 30-year 3% interest loan,
starting on the closing date;
2. Increase the loan amount to include accrued interest to date of closing;
3. Restructure cash flow priorities as reflected in the attached Term Sheet,
and;
4. Extend the Land Use Restriction Agreement as reflected in the attached
Term Sheet.
The modification of the mortgage, note and Land Use Restriction Agreement will
be subject to the terms and conditions specified in Palmetto Village Green
Apartment LLC Proposed Term Sheet submitted by submitted by HaIlKeen
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Management, Inc., and Clearwater Neighborhood Housing Services, Inc.
(attached).
This restructure will allow for the project to remain solvent and allow HKM to
reduce project debt. In addition, it will allow the City to begin to receive an annual
return on its investment beginning at an estimated amount of$52,533 in 2012,
increasing to $78,998 in 2017, and elevating until the loan is repaid. The increase
in net operating income would allow Hallkeen to invest in community projects at
the complex.
HallKeen's investment in Palmetto Park Apartments is part of a larger 1,000 unit
strategic expansion of HallKeen's management platform into Florida. Palmetto
Park Apartments is one of four deals under negotiation with Banc of America
CDC. This loan modification is contingent upon all terms of the Term Sheet having
been met, a revision to the Operating Agreement becoming effective, reflecting
that the Deferred Development Fee be distributed in accordance with the cash-
flow priorities as set forth in the Term Sheet, and upon all four deals closing.
The City Attorney said the City is in co-first position with Pinellas County Housing
Finance Association. Economic Development and Housing Director Geri Campos
Lopez said there is an additional loan, approximately $300,000; funds to be returned will
be split at a pro rata share. Ms. Campos Lopez said staff estimates receiving $52,000
in the first year.
In response to questions, Ms. Campos Lopez said the item before Council is contingent
upon Bank of America also sell three other properties at the same time. Funds received
will go towards matching federal dollars to continue housing programs. HallKeen
representative Mark Hess said the application for a property located in Opa Locka is
expected to be reviewed in March. Pinellas County determined the application before
them could be approved by administration. The transaction structured with Banc of
America is all or nothing.
4. Fire Department
4.1 Award a purchase order to Fisher Scientific, Atlanta, Georgia, in an amount not
to exceed $335,929.38 for the purchase of self-contained breathing apparatus
(SCBA) repair parts and personal protective equipment (PPE), in accordance
with Sec. 2.564(b), Code of Ordinances Sole source for City standardized
equipment, and authorize the appropriate officials to execute same. (consent)
The approved Fiscal Year 2011 and 2012 budgets included funding in two
projects for these purchases.
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CIP project 91229, Replace and Upgrade Air packs, provides for the replacement
and upgrade of breathing apparatus needed for worn or damaged front line units
used by firefighters. The project will provide for the purchase of self-contained
breathing apparatus (SCBA) repair parts that have been approved through the
National Institute for Occupational Safety and Health (NIOSH) and CDC.
CIP project 91261, Personal Protective Equipment provides funding for the
purchase of replacement firefighting personal protective equipment/gear (PPE).
The department currently issues protective gear to those employees that are
employed in a firefighting capacity. This project is necessary to bring all
fire/rescue personal gear up to the same level of protection per the National Fire
Protection Association 1852 compliance and incorporates the new gear into a
revolving replacement schedule. The recommended life expectancy of PPE is 4 to
5 years depending on use. This project will allow for a 4 to 5 year replacement
plan and reduce the current cost of maintenance and repair of our current PPE.
Funding will be partially reimbursed by Pinellas County, as the equipment will help
serve any unincorporated resident of the Clearwater Fire District.
In response to a question, Fire Chief Robert Weiss said the City is expecting a 12%
reimbursement from Pinellas County. The reimbursement is for providing fire protection
service to unincorporated portion of Clearwater.
5. Solid Waste/General Support Services
5.1 Award a contract (Purchase Order) for $ 59,452.00 to Tampa Crane and Body,
Inc. of Tampa, FL for two Palfinger PC 3800 Articulating Hydraulic Cranes;
authorize lease purchase under the City's Master Lease Purchase Agreement
and authorize the appropriate officials to execute same. (consent)
The cranes will be purchased from the City of Clearwater bid 03-12 that was
opened on November 15, 2011. One crane will be mounted on a new Ford F-550
presented today for purchase. The existing crane on G2298 is 30 years old and
has reached the end of its useful life. The second crane will be installed on
G3600, a 2009 Ford F-550 Utility truck. The existing crane on G3600 is 30 years
old and has reached the end of its useful life. Repairs needed for both cranes are
extensive.
5.2 Award a Contract (Purchase Order) for $180,194.00 to Pat's Pump and Blower
of Orlando, FL for one 2012 Aquatech sewer cleaner body, in accordance with
Sec. 2.5640)(4), Code of Ordinances - Other governmental bid; authorize lease
purchase under the City's Master Lease Purchase Agreement; declare G2860
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surplus to the City for trade-in and authorize the appropriate officials to execute
same. (consent)
The Aquatech Sewer Cleaner will be purchased through the Florida Sheriffs
Association Contract 11-19-0907, Specification 081 and quote dated December
15, 2011. G2860, 2004 Sterling Vac-Con Sewer Truck has 49,848 Miles. This
truck proceeds to a site and will stay at that location for several hours while
cleaning out underground pipes. The truck engine will operate the hydraulics and
blower during all operations and the auxiliary motor operates the water pump.
G2860 was included in the Garage CIP 11/12 Replacement fund. Pat's Pump
and Blower is offering the City $34,629.00 for trade in value of this truck.
The truck chassis for the sewer cleaner will be an International 7500 tandem axle
vehicle and Pat's will mount their unit on the chassis and deliver to us. This
chassis will be purchased through a separate Purchase Order.
5.3 Award a contract (Purchase Order) for $39,557.00 to Duval Ford of Jacksonville,
FL for one Ford F-550 truck with 11 ft. Utility Body, in accordance with Sec.
2.5640)(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)
This truck will replace G2298, a 2000 GMC 350OHD Utility truck with 75,589
miles. The engine in G2298 expired and cannot be repaired. A rebuilt engine will
cost a minimum of$7,000 plus labor. The total value of the truck is less than
$2,500.This truck will be purchased through the Florida Sheriffs Association
Contract 11-19-0907.The larger truck will allow operators more range on usage
and promote longer life.
6. Engineering
6.1 Accept a Drainage Easement conveyed to the City by the property owners of
record of 800 Wellington Drive granting appropriate authority to the City to
construct, reconstruct, install and maintain drainage facilities within the
easement area in exchange for in-kind services estimated at $1,200. (consent)
The City of Clearwater is currently in the process of upgrading the stormwater
infrastructure along Druid Road providing enhanced stormwater protection for
property along Aliens Creek. The City's Druid Road/Pipe Replacement Project
includes the replacement of an existing pipe located just south of the Druid Road
right-of-way on the property known as 800 Wellington Drive. The proposed
easement encompasses ten (10) feet on both sides of the centerline of the
existing pipe as the replacement pipe will be located in the same position.
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The current owners of the subject property have agreed to convey the easement
with no monetary compensation, however have requested that the City provide
limited landscaping improvements during the construction process. Such
improvements are primarily intended to recompense for anticipated impacts
during construction and are estimated at approximately $1,200.
6.2 Award a Contract to Kamminga and Roodvoets, Inc. of Tampa, Fl, for the
Pollution Prevention Project at two Locations (10-0029-EN) in the amount of
$210,412.40, which is the lowest responsible bid received in accordance with
plans and specifications, and authorize the appropriate officials to execute same.
consent
This project consists of the installation of nutrient separating baffle boxes at two
select locations as part of an FDEP approved pollution protection project. The
project was proposed and designed by the city to satisfy an FDEP Consent Order.
This project will further benefit the city's efforts in meeting State water quality and
numeric nutrient reduction mandates. Sufficient budget and revenue is available in
Capital Improvement Program project 0315-96137, FDEP Compliance to fund the
construction contract.
In response to questions, Environmental Manager Ed Chesney said the baffle boxes
collect trash and sediments as they enter the stormwater system and are added to an
existing system.
6.3 Approve the final plat for Renaissance Oaks First Addition, which has a physical
address of 3054 Leanne Court and is located on the west side of McMullen
Booth Road approximately mile south of Enterprise Road. (consent)
This plat will create 5 single family lots on an un-platted parcel consisting of
approximately 2 acres.
This property is currently vacant and abuts the plat of Renaissance Oaks platted
in 2006.
The property is within the city limits of Clearwater and the current zoning is Low
Density Residential (LDR)
The proposed project was approved by Development Review Committee on
January 19, 2012.
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In response to a question, Geographic Technology Manager Thomas Mahony said the
entrance and exit will be through the existing Renaissance Oaks subdivision; a
turnaround will be located at the end of the street.
6.4 Award a contract to Caladesi Construction Company of Largo, Florida, in the
amount of$900,274.10 for the Highland and Jeffords Drainage Replacement
Project (09-0001-EN) which is the lowest responsible bid received in accordance
with plans and specifications, and authorize the appropriate officials to execute
same. (consent)
The City of Clearwater Engineering Department has determined that the existing
corrugated metal pipe is deteriorated and near the end of its life cycle.
Depressions have formed over the pipe at several locations, and the inlets and
junction boxes are sub-standard. This project consists of the removal and
replacement of 1,425 linear feet of 60-inch storm pipe, 80 linear feet of 54-inch
storm pipe and all associated work including restoration and incidentals. This
system is part of the Jeffords Branch of Stevenson Creek that runs from the rear
easement located at 1551 Jeffords Street westward to a culvert under Highland
Avenue. Caladesi Construction Company was the lowest responsive bidder.
There were twelve (12) other bidders. The City of Clearwater's Stormwater
Maintenance Division is responsible for operating, inspecting, and maintaining the
storm systems. Replacement of the existing system will reduce the frequency of
maintenance requests. Sufficient budget and revenue is available in Capital
Improvement Program project 0315-96169, Stevenson Creek in the amount of
$797,968.60 and Utility Repair and Replacement projects consisting of
$64,403.90 in 0327-96634 Sanitary Sewer Utility Relocation and $37,901.60 in
0327-96742, Line Relocation - Capitalized for total funding in the amount of
$9007274.10.
6.5 Approve an Interlocal Agreement between Pinellas County and its NPDES Co-
Pemitees Providing Joint Control of Pollutants within Pinellas County and
authorize the appropriate officials to execute same. (consent)
This agreement is a condition of our NPDES (National Pollution Discharge
Elimination System) Permit for stormwater discharges. All parties to this
agreement realize their general responsibility to control the contribution of
pollutants from their respective separate storm sewer system to another or to
Waters of the State. This agreement shall remain in effect until January 31, 2016.
6.6 Approve a revised Memorandum of Agreement for a previously executed Utility
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Work by Highway Contractor Agreement, (UWHCA), with the Florida Department
of Transportation, (FDOT), in the amount of$918,611.00, and authorize the
appropriate officials to execute same. (consent)
On January 19, 2006, the City of Clearwater executed a Utility Work By Highway
Contractor Agreement, (UWHCA), with the FDOT to have the City's water and
sewer utilities relocated by the FDOT's highway contractor for the roadway
improvement project known as: US 19 (SR 55) from North of Sunset Point Rd. to
South of Countryside Blvd. FPN 256890-1-56-03.
Prior to putting the project out to Bid in 2006, the FDOT decided not to build the
project at that time and shelve the design.
In 2010, FDOT decided to go ahead with the project again redesigned as an at
grade intersection improvement project instead of an overpass at Enterprise Road
as previously designed.
Due to the redesign of the project and the time, which has passed, the Engineer's
Estimate of proposed utility relocation cost has now changed from $635,000.00 to
$918,611.00 requiring four newly executed Memorandum of Agreements
reflecting this change.
First quarter amendments will transfer 2009 Water and Sewer Revenue Bond
proceeds(384102) in the amount of$918,611.00 from 0376-96654, Facilities
Upgrade & Improvements, consisting of$29,266.00 to 0376-96634, Sanitary
Utility Relocation and $889,345.00 to 0376-96742, Line Relocation - Capitalized to
fund the agreement.
6.7 Approve outdoor seating request in Beachwalk Right-of-Way for Crabby Bill's
Restaurant. (consent)
Crabby Bill's Restaurant is requesting approval for outdoor seating in the public
right-of-way adjacent Beachwalk.On December 16, 2010, Council approved a
similar request by Frenchy's South Beach Restaurant for a 36-seat outdoor
seating area in this right-of-way. This area is 55 square feet smaller than the
Frenchy's area. The City would be approving a Right-of-Way Permit to operate the
area as a sidewalk. The permit would be revocable at any time. The attachment
to this item shows the area of interest to Crabby Bills and the area approved for
Frenchy's.
In response to questions, Engineering Director Mike Quillen said the applicant will slope
the deck to the drain and grade the entire deck. Engineering Assistant Director Scott
Rice said the applicant is not changing the drain.
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7. Planning
7.1 Approve amendments to the Clearwater Comprehensive Plan to add charter
schools to the definition of public educational facilities and to allow public
educational facilities in three additional land use categories, and pass Ordinance
8312-12 on first reading. (CPA2011-10002)
At the July 19, 2011 Community Development Board meeting, the Board denied a
Flexible Development application (FLD2011-04017) involving a proposed charter
school to be located on a property, 21810 US Highway 19 North, classified as
Commercial General (CG) on the Future Land Use Map and in the Commercial
(C) Zoning District. Policy J.2.1.3 of the Public School Facilities Element of the
Clearwater Comprehensive Plan identifies land use classifications in which public
educational facilities are an allowable use. Commercial General (CG) is not
included on this list, which was the primary reason the case was denied.
After discussions with the applicant's representatives, Planning and Development
Department staff agreed to support an application for an amendment to the
Comprehensive Plan. On November 1, 2011 Inland Southeast Clearwater
Development, LLC submitted the application. An amendment to the Community
Development Code is being processed concurrently with this application (TA2011-
10003).
Proposed Ordinance 8312-12 includes the following amendments:
Modifies the definition of public educational facilities to include charter schools, in
accordance with Chapter 1002.33, Florida Statutes (Policy J.2.1.2).
Adds the Residential High (RH), Residential/Office/Retail (R/O/R) and
Commercial General (CG) future land use classifications to the list of allowable
categories for the public educational facilities use (Policy J.2.1.3).
The Community Development Board (CDB) reviewed the proposed amendment at
its meeting on January 17, 2012 and unanimously recommended the amendment
for approval.
In response to questions, Planner Catherine Lee said the zoning designations are
outlined at the city level and the future land use designations are outlined at the county
level. Criteria will be established to allow schools on certain commercial developments.
A charter school would not be allowed in a strip center where a liquor store or bar is
located; city will not force the liquor store/bar establishment to close.
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7.2 Approve amendments to the Community Development Code adding schools as
an allowable use within the Commercial (C) District, and pass Ordinance 8311-
12 on first reading. (TA2011-10003)
At the July 19, 2011 Community Development Board meeting, the Board denied a
Flexible Development application (FLD2011-04017) involving a proposed charter
school to be located on a property, 21810 US Highway 19 North, classified as
Commercial General (CG) on the Future Land Use Map and in the Commercial
(C) Zoning District. Policy J.2.1.3 of the Public School Facilities Element of the
Clearwater Comprehensive Plan identifies land use classifications in which public
educational facilities are an allowable use. Commercial General (CG) is not
included on this list, which was the primary reason the case was denied. In
addition, the Community Development Code does not list schools as a permitted
use in the Commercial (C) District (Article 2, Division 7).
After discussions with the applicant's representatives, Planning and Development
Department staff agreed to support an application for an amendment to the
Community Development Code. On November 1, 2011 Inland Southeast
Clearwater Development, LLC submitted the application. An amendment to the
Clearwater Comprehensive Plan is being processed concurrently with this
application.
Proposed Ordinance 8311-12 includes the following amendments:
Adds schools to the list of permitted uses in the Commercial (C) District (Chart 2-
100, Permitted Uses).
Adds the schools use to the Commercial (C) District as a flexible standard
development use, and adds flexibility criteria addressing side and rear setbacks,
location, compatibility and traffic circulation (e.g., drop-off areas and site access).
Adds the schools use to the Commercial (C) District as a flexible development
use, and adds flexibility criteria addressing lot size and area, setbacks, location,
compatibility and traffic circulation.
Amends the definition of school to include charter schools approved by the
Pinellas County School Board pursuant to 1002.33 Florida Statutes.
The Community Development Board (CDB) reviewed the proposed amendment at
its meeting on January 17, 2012. The Board unanimously recommended the
amendment for approval, with a change to the lighting provisions, which have
been incorporated into the proposed.
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8. Official Records and Legislative Services
8.1 Appoint a councilmember to serve as the Clearwater representative on the
Homeless Leadership Board, formerly known as the Homeless Leadership
Network.
The Homeless Leadership Network and the Pinellas County Coalition for the
Homeless, Inc. are merging responsibilities and activities into a new organization,
the Homeless Leadership Board, Inc. (HLB), effective Feb. 1, 2012. It will become
the policy and operational leadership entity in the Pinellas Homeless Services
System. The Homeless Leadership Network and Homeless Coalition will cease
operations on that date. The major reasons behind the creation of the new HLB
are: to streamline leadership and make it more effective, efficient and accountable
and to focus its efforts on making the homeless services system more effective
and performance-driven in moving individuals and families from homelessness to
permanent housing. The City's representative will be a member of the HLB
Board of Directors. The responsibilities of the Board of Directors will be to set and
implement policies; conduct system planning; provide oversight of the goals and
track outcomes; perform all lead agency funding oversight responsibilities;
coordination and networking.
The first meeting will take place on March 2, 2012.
It was suggested the appointment be continued to the next meeting as Council will be
reviewing all appointments to regional advisory boards. There was consensus to
continue Item 8.1 to March 1, 2012.
8.2 Appoint a youth member to the Sister Cities Advisory Board with term to expire
December 31, 2016.
There was consensus to appoint Danielle Dilday.
8.3 Appoint a councilmember to serve as the Vice Mayor.(consent)
Section 2.05 of the City Charter states: "At the first meeting each April, the
council shall elect one of its members as vice-mayor. The vice-mayor shall act as
mayor during the temporary absence or inability of the mayor to perform the
duties of the office of the mayor."
Since the election was held on January 31, 2012 and Councilmember Cretekos
was elected mayor, staff is recommending the appointment be made prior to April.
Councilmember Cretekos was serving as the vice-mayor prior to the election.
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While not required by code or policy, it has been the practice of the Council to
rotate this appointment among the members.
Discussion ensued with suggestions made that a procedure be implemented to rotate
the duty of Vice Mayor among councilmembers and rotate councilmember seating
arrangements at the beginning of each year, with the Vice Mayor seated to left or right
of Mayor.
There was consensus to appoint Councilmember Paul Gibson to serve as Vice Mayor.
Staff was directed to propose a policy regarding rotation of Vice Mayor and
councilmember seating arrangements during annual review of Council Policies and
Rules.
8.4 Appoint a councilmember to serve as the alternate member on the Barrier
Islands Governmental Council (Big C) for a two-year term. (consent)
The Big-C is a governmental council including eleven municipalities residing on
the west coast of Florida, from St. Pete Beach to Clearwater.Purpose of the
Council is to stimulate communications between the barrier islands cities to focus
on problems common to all (i.e., tourism, recycling, public transportation, beach
preservation and renourishment, public safety, etc.) and have a unified voice
when addressing the County, State and Federal governments while respecting the
individuality of each city.The Big C meets on the last Wednesday of the month at
9:00 a.m.
It was suggested the appointment be continued to the next meeting as Council will be
reviewing all appointments to regional advisory boards. There was consensus to
continue Item 8.4 to March 1, 2012.
9. Legal
9.1 Approve amendments to the Code of Ordinances regulating pedicabs and low
speed vehicles for hire, and pass Ordinance 8314-12 on first reading.
An increasing number of businesses have begun operating within the City of
Clearwater, thus far solely on Clearwater Beach, whereby the businesses are
providing public transportation on pedicabs (vehicles propelled solely by human
power) and on low-speed, golf-cart type vehicles or are renting a variety of
recreational vehicles, such as low-powered motorcycles, electric personal
assistive mobility devices, surrey bicycles, and mopeds. However, minimal
regulations currently exist to ensure that the businesses are adequately insured,
that the businesses are maintaining the vehicles in safe-operating condition, and
that the drivers of the pedicabs and low speed for hire vehicles are not likely to be
a danger to the public. Regulations will promote the health, safety, and welfare of
Work Session 2012-02-13 13
the public by placing an obligation on the business owners to obtain adequate
insurance in case of an accident, to maintain the vehicles used in the business in
a safe-operating condition, and to ensure that the drivers in their employ are not
likely to be a danger to the public and regulation of this activity will promote the
health, safety, and welfare of the public by creating a regulatory mechanism by
which the owners of the business and the drivers in their employ could have their
ability to conduct business within the City of Clearwater revoked if the business
owners or their drivers fail to adhere to the Florida Statutes and City ordinances
pertaining to the operation of the business or the operation of the pedicabs or low-
speed for hire vehicles.
In response to a concern, Assistant City Attorney Rob Surette said council could prohibit
slow moving vehicle operators in the roundabout during certain times of the year.
It was suggested that the operators be required to post fares.
In response to questions, Assistant City Manager Jill Silverboard said the city has
issued occupational licenses to 2 businesses; it is not known how many vehicles are
operated by the businesses. The proposed ordinance addresses issue regarding the
operators stopping at Jolley Trolley stops. Mr. Surette said staff prefers the pedicabs
not utilize the roundabout. Surreys are allowed in the roundabout. Mr. Surette said
council has the authority to regulate where surrey bicycles are operated in the city.
There was consensus to continue Item 9.1 to March 1, 2012.
Staff was directed to provide information regarding accidents that have occurred in the
roundabout and amend the proposed ordinance to require operators to post fare rates.
The Council recessed from 3:03 p.m. to 3:07 p.m.
9.2 Recommend that the Pinellas County Board of County Commissioners adopt a
county-wide ordinance regulating taxicab companies and taxicab drivers and
pass Resolution 12-06.
Currently, there exists a hodgepodge of municipal ordinances in Pinellas County
pertaining to the regulation of taxicab companies and taxicab drivers with some
municipalities having no regulations. In Hillsborough County, for example, there
exist county-wide regulations of taxicabs and other public transportation vehicles
pursuant to a special act of the Florida legislature.
Because Pinellas County is geographically the smallest county within the State of
Florida, containing 24 municipalities, the citizens of Pinellas County would be
better served and protected by having uniform regulations that would impose
clearly defined responsibilities on the owners of taxicab companies and taxicab
Work Session 2012-02-13 14
drivers, regardless of where in Pinellas County a customer is picked up or
dropped off.
Staff was directed to change the word "hodgepodge" to variety in the resolution.
10. City Manager Verbal Reports — None.
11. Council Discussion Items
11.1 O'Keefe's Special Event Request
The City Manager said staff received a request from O'Keefe's requesting a deviation
from the city's noise ordinance during their annual St. Patrick's Day celebration.
O'Keefe's would like to have a band play until midnight and have a DJ continue until
2:00 a.m. on Friday; have a band play until 1:00 a.m. and a DJ continue until 2:00 a.m.
on Saturday.
In response to a question, Parks and Recreation Director Kevin Dunbar said staff
received many complaints regarding the noise two years ago. Last year staff
implemented the special events permit process, which required bales of hay stacked in
front of the speakers to muffle noise, and did not receive any complaints.
There was consensus for staff to process O'Keefe's special event permit allowing the
band to play until 1:00 a.m. on Friday and Saturday.
11.2 Work Session Start Times — Councilmember Polglaze
Councilmember Jay Polglaze requested consideration to begin work session at 1:00
p.m.
The City Clerk said work session scheduled at 1:00 p.m. were due to scheduling
conflicts of regional boards.
There was consensus to discuss matter at the February 27, 2012 work session.
12. Closing Comments by Mayor— None.
13. Adjourn
The meeting was adjourned at 3:32 p.m.
Work Session 2012-02-13 15