03/15/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 15, 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 - Pastor Timothy Smith, New Destiny Worship Center
3. Pledge of Allegiance - Councilmember Bill Jonson
4. Presentations - Given.
4.1 Service Awards
One service award was presented to a city employee.
4.2 Ed Wells Jr. / Kiwanis Invitational Track and Field Meet Day Proclamation, March
20, 2012 - David Browder, President of the Kiwanis Club of Springtime City
4.3 Clearwater Bombers Day Proclamation, March 24, 2012 - Dean Robinson,
Clearwater Bombers Day Coordinator
4.4 Girl Scout Year Proclamation, 2012 -Shannon Sullivan, troop leader for Troop
471
4.5 Presentation to Clothes to Kids - Cliff Bailey. President of the Clearwater Lawn
Bowling Club
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Mr. Bailey presented Clothes to Kids representative Jennifer Jacobs with a donation.
4.6 Women's History Month Proclamation, March 2012 — Rita Garvey, Women on
the Way representative
5. Approval of Minutes
5.1 Approve the minutes of the March 1, 2012 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the March 1, 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
Ed Hanna and Neilson Mcginnis, local cab company representatives, expressed
concerns with United Cab Company's contract with the Phillies for exclusive rights to
provide taxi service at Brighthouse Networks Field and requested council assistance to
allow other taxi companies to provide pick-up and drop-off service at the stadium.
The City Manager said the City's lease agreement with the Phillies allows them to
contract services with agencies and companies. There is nothing inappropriate for the
Phillies to have an exclusive contract with United Cab, which allows use of a designated
lane for drop-off and pick-up service. The City Manager said other areas at the stadium
have been designated for other cab companies to use for drop-off and pick-up service.
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 8314-12 on second reading as amended, regulating pedicabs
and other public conveyances.
The City Attorney reviewed the amendments since Monday's work session. Sentence
was added at end of Section 25.02(1): "If a gratuity is accepted, "Gratuity Appreciated"
shall be conspicuously posted in or on the pedicab." A sentence was added to end of
Section 25.02(2): "If a gratuity is accepted, "Gratuity Appreciated" shall be
conspicuously posted in or on the low-speed vehicle." Section 25.02(3) was amended
as follows: "All surrey bicycles operated pursuant to this article shall be equipped with
MGtGFGYG!e or meped type dual, Gable lever aGtuated drurn brakes (standard biGyGlee
type brakes are not allowed) and with a single...It is unlawful for any person to operate,
or cause to be operated, a surrey bicycle that is not equipped with a braking system that
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is capable of skidding each wheel in contact with the ground on dry, level, clean
Pavement by the operator from his normal position of operation."
In response to questions, Assistant City Attorney Rob Surette said the proposed
ordinance states the wheels to be skidded would apply to all four wheels; surreys have
brakes on only two wheels. The City Attorney said the word "rear" could be added to
the proposed amendment, Section 25.02(3), to address brakes on rear wheels. Traffic
Operations Manager Paul Bertels said staff research could not find a stopping standard
for bicycles, pedicabs or surreys. Stopping standards have been developed through
engineering research studies for cars and trucks. Skidding terminology refers to a
controlled skid; brakes will lock in an emergency stop.
In response to a concern, the City Attorney said the ordinance requires the owners to
certify compliance with provisions of the code.
One individual recommended consideration to mandate the use of helmets and liability
insurance for rental electronic personal assistive mobility devices (EPAMD).
Mr. Surette said Florida Statutes prohibits individuals under the age of 16 from
operating an EPAMD without a helmet. EPAMDs are covered in the recreational
vehicle definition; businesses operating this type of vehicle are subject to the permitting
process and require insurance coverage.
One individual spoke in opposition.
Discussion ensued with concerns expressed regarding refining proposed language to
address specific braking system.
The City Attorney said New York City has a new ordinance, which says pedicabs must
stop in a reasonable distance. Mr. Bertels said if there is enough braking power to skid,
there is enough braking power to bring it to a sudden stop, to the point of a controlled
skid.
Councilmember Bill Jonson moved to amend Section 25.02(3) to read, "All surrey
bicycles operated pursuant to this article shall be equipped with mntnrn"nlo or r,,eped
type dual, Gable lever aGtuated drurn brakes (standard biGyGle type brakes not allowed)
and ww with a single, ... It is unlawful for any person to operate, or cause to be operated, a
surrey bicycle that is not equipped with a braking system that is capable of skidding
each rear wheel contact with the ground on dry, level, clean pavement by the operator
from his normal position of operation." The motion was duly seconded. Mayor George
N. Cretekos, Vice Mayor Paul Gibson, and Councilmembers Doreen Hock-DiPolito and
Bill Jonson voted "Aye"; Councilmember Jay E. Polglaze voted "Nay."
Motion carried.
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Councilmember Jay E. Polglaze moved to amend Section 25.02(1) by adding following
to the last sentence, "If a gratuity is accepted. "Gratuity Appreciated" shall be
conspicuously posted in or on the pedicab." and Section 25.02(2) by adding following to
the last sentence, "If a gratuity is accepted. "Gratuity Appreciated" shall be
conspicuously posted in or on the low-speed vehicle." The motion was duly seconded.
Councilmember Bill Jonson expressed a concern with a low-speed vehicle or pedicab
advertising free rides but expecting a gratuity in return for the service. It was suggested
that the word "accepted" be amended to "expected." There was no consensus to
pursue amendment.
Upon the vote being taken, Mayor George N. Cretekos, Vice Mayor Paul Gibson and
Councilmembers Doreen Hock-DiPolito and Jay E. Polglaze voted "Aye";
Councilmember Bill Jonson voted "Nay."
Motion carried.
Ordinance 8314-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8314-12 as amended on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Paul Gibson, Councilmember Bill Jonson, and
Councilmember Jay Polglaze.
"Nays None.
8. Consent Agenda — Approved as submitted.
8.1 Approve the Purchase Contract between the property owner of record. Raymond
Rayder, and the City of Clearwater for the City to purchase real property at 14 S.
Evergreen Avenue. Clearwater, with a purchase price of$135.000 and total
expenditures not to exceed $145.000 including environmental assessments,
survey services, closing costs, and any other ancillary costs associated with
acquisition, and authorize the appropriate officials to execute same, together
with all other instruments required to affect closing. (consent)
8.2 Approve the third-year option of the Professional Services Contract between the
City of Clearwater and Imagine Global Consulting to provide tourism marketing
services for the City of Clearwater in the amount of$164.000 for Fiscal Year
2012-2013, and authorize the appropriate officials to execute same. (consent)
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8.3 Approve settlement of a liability claim for payment of$36.000.00 and authorize
the appropriate officials to execute same. (consent)
8.4 Approve settlement of a liability claim for payment of$75.000.00 and authorize
the appropriate officials to execute same. (consent)
8.5 Rescind approval of 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. (consent)
8.6 Approve a work order to Malcolm Pirnie/Arcadis (EOR) in the amount of
$160.530.00 for the design and permitting of generator upgrades to the East
Water Reclamation Facility (WRF): electrical upgrades to the Marshall Street
WRF Lab Building: and the Marshall Street WRF automatic transfer switch (ATS)
1: and authorize the appropriate officials to execute same. (consent)
8.7 Accept a Right of Way and Utilities Easement over the southern ten (10) feet of
Property at 1280 Cleveland Street. Clearwater, conveyed to the City by the
Property owner. Verizon Florida. LLC. (consent)
8.8 Request for authority to institute a civil action on behalf of the City against BRW
Contracting. Inc. to seek recovery of costs and expenses to repair damages that
occurred to several homes while installing sewer pipes. (consent)
8.9 Request for authority to institute a civil action on behalf of the City against
Suncoast Development of Pinellas County. Inc., to recover $1.658.99 for
damages to City property. (consent)
Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
City Manager Reports
9. Other Items on City Manager Reports
9.1 Amend the City's Fiscal Year 2011/12 Operating and Capital Improvement
Budgets at first quarter and pass Ordinances 8323-12 and 8324-12 on first
reading.
The fiscal year 2011/12 Operating and Capital Improvement Budgets were
adopted in September 2011 by Ordinances 8285-11 and 8286-11. Section 2.521
of the City's Code of Ordinances requires the City Manager to prepare a quarterly
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report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects. The attached memorandum and the accompanying report provide this
information and outline the issues at first quarter that require amendment.
Councilmember Doreen Hock-DiPolito moved to amend the City's Fiscal Year 2011/12
Operating and Capital Improvement Budgets at first quarter. The motion was duly
seconded and carried unanimously.
Ordinance 8323-12 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass Ordinance 8323-12 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.
Ordinance 8324-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8324-12 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.
9.2 Approve the purchase of property and equipment breakdown insurance from
April 1, 2012 through April 1, 2013, at the level of insurance provided for in this
agenda item, at an amount not to exceed $1,950,000, and authorize the
appropriate officials to execute same.
The Risk Management Division of the Finance Department requested Arthur J.
Gallagher and Co. (Florida) to obtain quotes for the property insurance program
expiring April 1, 2012.
Per those quotes, Risk Management is recommending that the City maintain a
$50 million limit with a $50 million and $30 million Flood sub-limit (depending on
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property location). The self-insured retention would remain at $100,000 per
occurrence, with a 5% or $500,000 SIR (whichever is greater) for named storms.
In addition, Risk Management is recommending a stand-alone policy through
Zurich to insure the bridges in the amount of$47 million, at an annual premium of
approximately $53,870. This program would incorporate a self-insured retention of
$100,000 per occurrence, with a $500,000 SIR for named storms, and provide the
City with an additional $47 million of aggregate windstorm/flood/terrorism capacity
for the City's program. This policy also provides a three (3) year rate guarantee.
By utilizing this stand-alone program, a 60% reduction from the prior year's rate
for the bridges was achieved.
The total property insurance premium is estimated at $1,860,610, which
represents an 8% increase over last year's premium of$1,723,019. Additionally,
Risk Management recommends that the City renew its Equipment Breakdown
policy with Travelers at a premium of$10,136. This reflects a 10.2% decrease
from last year's $11,286, along with coverage enhancements.
Overall, the insurance coverage as recommended is enhanced with an additional
$47 million in capacity per the stand-alone policy for the bridges.
Risk Management believes that should the coverage as recommended be placed,
the City's property risks are covered at levels and rates which, when taken
together as a whole, represent a reasonable insurance program for the City.
Councilmember Bill Jonson moved to approve the purchase of property and equipment
breakdown insurance from April 1, 2012 through April 1, 2013, at the level of insurance
provided for in this agenda item, at an amount not to exceed $1,950,000, and authorize
the appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
9.3 Appoint one member to the Airpark Advisory Board to fill the remainder of an
unexpired term until March 31, 2013.
One individual expressed a concern with individuals who oppose the airpark to be
considered for appointment to the Board.
Discussion ensued with concern expressed that the Board currently has more than one
member with an aviation background. It was suggested that an individual with
neighborhood ties be appointed.
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Councilmember Jay Polglaze moved to appoint Richard Porraro to the Airpark Advisory
Board to fill the remainder of an unexpired term until March 31, 2013. The motion was
duly seconded and carried unanimously.
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 Status re concern raised during 3/1 meeting (Mr. Morgan
complaint/investigation)
Police Lieutenant James Kleinsorge said the Police Department received a call from
Joe Morgan regarding an incident that occurred on January 10 at an Airpark Public
Meeting. Mr. Morgan accused Dennis Roper, Airpark Advisory Board Chair, of
approaching him with a fist. An investigation was conducted and after interviewing
witnesses, it was determined that many individuals called Mr. Roper a liar; Mr. Morgan
admitted he was one of the individuals who made such remark. Lt. Kleinsorge said
witnesses reported that Mr. Roper did approach Mr. Morgan with an open finger, not a
fist, and no threats were made. The case was closed as no criminal charges were filed.
Marine and Aviation Director Bill Morris said the plane Mr. Morgan claimed to be flying
too low was a 1978 Cessna 172 single-engine plane. The pilot had filed a flight plan
and was flying from Tennessee to Melbourne; stopping in the Clearwater Airpark for
fuel. The plane was on an authorized flight pattern and in communication with the tower
and went beyond the right-turn pattern; going 500 feet to 600 feet in 2 seconds over Mr.
Morgan's home. Mr. Morris said there is no record of the plane ever landing before at
the airpark and staff did not have an opportunity to go over airpark rules with the pilot
even though the rules are in the handbook. The pilot should have turned before going
over Mr. Morgan's home; staff believes the error occurred because the pilot was in
communications with the tower at the time and following the authorized flight plan.
11. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
12. Adjourn
The meeting was adjourned at 7:41 p.m.
Mayor
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