03/01/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 1, 2012
Present: Mayor George N. Cretekos, Vice Mayor 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.
1. Call to Order— Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Dr. Dennis Reid from Trinity Presbyterian Church
3. Pledge of Allegiance —Vice Mayor Paul Gibson
4. Presentations — Given.
4.1 Poppy Day Proclamation, March 2-3, 2012 - Gi Gi Janesik, American Legion
4.2 Youth Arts Month Proclamation, March 2012 - Carlen Petersen, Clearwater Arts
Alliance Boardmember and Margo Walbolt, Executive Director
4.3 Clearwater Fire Fighter Appreciation Proclamation, March 2012- Pat Conrey,
MDA Coordinator on behalf of the Clearwater Fire Fighter's Association Local
1158.
4.4 IEMO Certificates Presented to Councilmembers Hock-Dipolito and Polglaze
5. Approval of Minutes
5.1 Approve the minutes of the February 16, 2012 City Council Meeting as submitted
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in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the February 16, 2012
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
Joe Morgan expressed concerns regarding a plane flying too low near his home and
behavior of an Airpark Advisory Board member during a recent public meeting and
requested the City consider local vendors when purchasing vehicles.
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 8312-12 on second reading, amending the Community
Development Code adding schools as an allowable use within the Commercial
(C) District.
Ordinance 8312-12 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8312-12 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.2 Adopt Ordinance 8311-12 on second reading, amending 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.
Ordinance 8311-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8311-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
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8. Consent Agenda
8.1 Declare the list of vehicles and equipment surplus to the needs of the City:
authorize disposal through sale to the highest bidder at the Tampa Machinery
Auction, Tampa. Florida, and/or Manheim Auction, Clearwater. Florida: and
authorize the appropriate officials to execute same. (consent)
8.2 Approve an increase of$1.766.077 in the Clearwater Gas System Fiscal Year
2011/2012 Dividend to the City General Fund: allocate $200.000 of this back to
the Clearwater Gas System for investment in the Clearwater Neighborhoods
Expansion Program to provide gas mains and services to Clearwater citizens:
and allocate an additional $200.000 of this back to the Clearwater Gas System
to speed the payoff of the Clearwater Natural Gas Vehicle Fueling Station.
consent
8.3 Award a contract (purchase order) to Elster American Meter in the amount of
$453.000.00 for gas meters and regulators from April 1. 2012 through March 31.
2013 and authorize the appropriate officials to execute same. (consent)
8.4 Award a contract (purchase order) to General Utilities Pipe and Supply in the
amount of$417.000.00 for gas polyethylene pipe and fittings from April 1. 2012
through March 31. 2013 and authorize the appropriate officials to execute same.
consent
8.5 Award a contract (purchase order) to General Utilities Pipe and Supply in the
amount of$449.000.00 for gas steel pipe and fittings from April 1. 2012 through
March 31. 2013 and authorize the appropriate officials to execute same.
consent
8.6 Authorize the increase of Blanket Purchase Order BR507907 awarded by the
Citys Purchasing Manager from $50.000 to $175.000 in accordance with the
contract between the City and MHNet of Florida for employee and retiree
Employee Assistance Program and Mental Health/Chemical Dependency
benefits for the period from January 1. 2012, to December 31. 2012 and extend
the award through December 31. 2015 in the amount not to exceed $200.000
Per year for the payment of associated premiums. (consent)
8.7 Approve the agreement reached by the City with International Association of
Firefighters Local 1158 for proposed changes to the City Employees Pension
Plan and authorize the development of an actuarial impact statement by the
City's actuary and subsequent submittal to the Florida State Division of
Retirements for review of same. (consent)
See below.
8.8 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and the International Association of Firefighters for Fiscal Years
Council 2012-03-01 3
2012/13, 2013/14, and 2014/15 and authorize the appropriate officials to execute
same. (consent)
See below.
8.9 Approve increasing a blanket purchase order to Mid Pinellas Umpire Assoc. (BR
507726) from $50,000 to $200,000 for providing umpiring and scorekeeper
services for recreation leagues and tournaments held in Clearwater through
December 31, 2012 according to Bid 05-12 and authorize the appropriate
officials to execute same. (consent)
8.10 Approve Agreement between the School Board of Pinellas County and the City
of Clearwater through August 23, 2013 for the City to utilize Pinellas County
School buses, at a cost of$1.25 per mile plus $26.50 per hour, for a total
estimated cost of$50,000 and authorize the appropriate officials to execute
same. (consent)
8.11 Approve the appointment of Jeffrey DiVincent to the Board of Trustees,
Clearwater Police Supplementary Pension Plan, with term ending February 1,
2016. (consent)
8.12 Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of
Clearwater, FL, for an amount not to exceed $380,000, for the purchase of
Goodyear tires for city motorized equipment during the period March 1, 2012
through February 28, 2013, in accordance with Sec. 2.560)(d), Code of
Ordinances - other governmental bid, and authorize the appropriate officials to
execute same. (consent)
8.13 Approve the purchase contract for the purchase of real property at 1315 N. Betty
Lane, Clearwater with a purchase price of$60,000 and total expenditures not to
exceed $60,500 including closing costs, and authorize the appropriate officials to
execute same, together with all other instruments required to affect closing.
consent
8.14 Appoint Barbara Blakely to the Library Board to fill the remainder of an unexpired
term until February 28, 2013.
8.15 Appoint councilmembers as representatives on Regional and Miscellaneous
Boards. (consent)
See below.
Councilmember Bill Jonson moved to approve the Consent Agenda as submitted, less
Items 8.7, 8.8 and 8.15, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
8.7 Approve the agreement reached by the City with International Association of
Firefighters Local 1158 for proposed changes to the City Employees Pension
Plan and authorize the development of an actuarial impact statement by the
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City's actuary and subsequent submittal to the Florida State Division of
Retirements for review of same. (consent)
Changes to the current City Employees' Pension Plan benefit provisions are being
sought by the City due to significant increases in the City's required pension
contribution levels from fiscal year 2000 to present. During that period of time, the
City's actuarially determined required contribution has increased from seven
percent of covered payroll (approximately four million dollars) to almost twenty-
five percent of covered payroll (approximately eighteen million dollars). These
costs are projected by the City's actuary to continue to increase during the next
five years.
The City has already reached agreement on changes to the Pension Plan with the
Fraternal Order of Police bargaining unit and with Communications Workers of
America Local 3179. The City reached a tentative agreement with International
Association of Firefighters Local 1158 on these same changes and the agreement
was ratified by the membership on February 17, 2012 as part of a package deal
that included a new three-year contract for the bargaining unit.
The agreements by the parties, if ultimately approved by voter referendum, would
result in changes to the following City Employees' Pension Plan provisions:
For sworn IAFF employees not eligible to retire as of the effective date:
The employee pension contribution would be increased from 8% to 10% of salary.
Any overtime exceeding 300 hours per year accrued for years of service after the
effective date of the change would not be included in pensionable earnings.
There would be no Cost-of-Living Adjustment for all pensionable earnings after
the effective date of the change.
For all IAFF employees:
Employees could choose to receive 10%, 20%, or 30% of their total pension
benefit in a one-time lump sum payment directly upon retirement.
Employees would be permitted to return to full-time employment with the City in a
different job classification and would participate in Social Security while receiving
their pension benefit.
Employees would be able to name a beneficiary and choose their benefit payment
option at any time up to retirement.
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These changes along with those already approved for other employees, if
approved, are expected to result in an immediate annual reduction of the City's
Pension contribution of $4.9 million, and a savings over the next 30 years of
approximately $400 million.
Mayor George N. Cretekos said he requested to pull items 8.7 and 8.8 off the Consent
Agenda because the IAFF Local 1158 President, John Klinefelter, was unable to attend
the meeting. Councilmembers thanked the union members for their service and efforts
to ratify agreement.
Councilmember Bill Jonson moved to approve the agreement reached by the City with
International Association of Firefighters Local 1158 for proposed changes to the City
Employees Pension Plan and authorize the development of an actuarial impact
statement by the City's actuary and subsequent submittal to the Florida State Division of
Retirements for review of same. The motion was duly seconded and carried
unanimously.
8.8 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and the International Association of Firefighters for Fiscal Years
2012/13, 2013/14, and 2014/15 and authorize the appropriate officials to execute
same. (consent)
The current collective bargaining agreement between the City of Clearwater and
the International Association of Firefighters Local 1158 bargaining unit will expire
on September 30, 2013. City management staff and union representatives have
had ongoing discussions regarding a new collective bargaining agreement in
conjunction with negotiations over proposed changes to the City Pension Plan.
The parties reached a tentative agreement for a new contract as part of a
package deal that included the proposed Pension Plan changes. The bargaining
agreement and proposed Pension Plan changes were subsequently submitted by
the Union to its bargaining unit, which ratified the agreement on February 17,
2012. The agreement results in the voiding of the last year of the current contract
and a new three-year contract, which will commence on October 1, 2012 and run
through September 30, 2015. The agreement provides for no general wage
increase but allowing instead for merit step increase advancement only in the first
year and in the third year, and providing for a 2.5% across-the-board general
wage increase with no step advancement in the second year. There are no other
significant changes to the existing contract language. Costs will be included in the
proposed budgets for each year of the agreement.
The costs associated with the implementation of this agreement are anticipated to
be approximately as follows:
Fiscal Year 2012/2013 (Steps only): $162,000
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Fiscal Year 2013/2014 (GWI only): $248,000
Fiscal Year 2014/2015 (Steps only): $166,000
TOTAL: $576,000
Councilmember Doreen Hock-DiPolito moved to approve the collective bargaining
agreement as negotiated between the City of Clearwater and the International
Association of Firefighters for Fiscal Years 2012/13, 2013/14, and 2014/15 and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
8.15 Appoint councilmembers as representatives on Regional and Miscellaneous
Boards. (consent)
Vice Mayor Paul Gibson said the approval or disapproval of light rail in Pinellas County
will be a monumental decision presented to citizens. Councilmember Doreen Hock-
DiPolito is the best qualified councilmember to represent the City on the Metropolitan
Planning Organization/Pinellas Planning Council, the Pinellas Suncoast Transit
Authority, and the Tampa Bay Regional Planning Council.
Vice Mayor Paul Gibson moved to amend Item 8.15 by appointing Councilmember
Doreen Hock-DiPolito to the Metropolitan Planning Organization/Pinellas Planning
Council, the Pinellas Suncoast Transit Authority, and the Tampa Bay Regional Planning
Council.
Motion failed for lack of second.
Councilmember Bill Jonson moved to approve Item 8.15. The motion was duly
seconded.
Discussion ensued with comments made that movement to light rail will be an important
decision and councilmembers should provide leadership needed on regional advisory
boards to ensure Clearwater organizations receive needed funding.
Upon the vote being taken, the motion carried unanimously.
City Manager Reports
9. Other Items on City Manager Reports
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
Council 2012-03-01 7
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
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.
Assistant City Attorney Rob Surette reviewed the ordinance and changes made since
the last council meeting: Sec. 25.02(1) and (2) was amended to require any fares
charged by the drivers of pedicabs and low-speed vehicles to be conspicuously posted
in or on the pedicab or low-speed for hire vehicle; Sec. 25.02(3) was amended to
prohibit drivers of surrey bicycles from driving in the roundabout on Clearwater Beach;
and Sec. 25.14(11) was amended to prohibit drivers of pedicabs and low-speed for hire
vehicles from obstructing vehicular traffic while picking up or unloading passengers. Mr.
Surette said staff research indicates that a dual cable-lever-actuated motorcycle/moped-
type of drum brake system on surrey bicycles is best and included standard in the
ordinance.
Vice Mayor Paul Gibson moved to approve amendments to the Code of Ordinances
regulating pedicabs and low speed vehicles for hire. The motion was duly seconded
and carried unanimously.
Ordinance 8314-12 was presented and read by title only.
Vice Mayor Gibson expressed a concern with the 3-year timeframe associated with an
applicant being registered as a sexual predator or sexual offender, convicted of a crime,
or been on parole. It was suggested the timeframe be increased to 5 years. There was
consensus to amend Section 25.11(1)(d) to read, ... "The Director of Planning and
Development shall also deny the application...within the past three five (3-) (5) years..."
and Section 25.09(2)(c) to read, "Whether the applicant is a registered sexual predator
or sexual offender, or within the past three five (3)) years..."
Council 2012-03-01 8
Vice Mayor Gibson expressed safety concerns with allowing pedicabs on the sidewalks
and streets and suggested banning the use of pedicabs and surreys on the sidewalks
and streets in Clearwater Beach. There was no consensus to pursue the amendment.
In response to a concern, the City Attorney said a one-person tricycle is not considered
a surrey.
One individual requested consideration to include a disc-brake system as an acceptable
standard for surrey bicycles.
Two individuals spoke in support. Two individuals expressed concerns with pedicab
and low speed vehicle services offering free rides but harassing patrons for gratuities
and safety concerns.
One individual spoke in opposition.
In response to a question, Mr. Surette said the proposed ordinance requires that the
fare be posted if charged. The City Attorney said council did not direct staff at the work
session to require posting of gratuity expectations/requirements.
Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8314-12, as amended,
on first reading. The motion was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Miscellaneous Reports and Items
10. City Manager Verbal Reports -None.
11. Other Council Action - None.
12. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events and expressed
condolences to the Hamilton Family for their recent loss.
13. Adjourn
Council 2012-03-01 9
The meeting was adjourned at 7:42 p.m.
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Council 2012-03-01 10