05/17/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
May 17, 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 11 - 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 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 Dan Huntington from Pathways Community Church
3. Pledge of Allegiance —Vice Mayor Paul Gibson
4. Presentations — Given.
4.1 Service Awards
Two service awards were presented to city employees.
4.2 Southeastern Guide Dogs Presentation — Jennifer Bement, Southeastern Guide
Dogs, Public Relations Specialist
Ms. Bement presented Coastie, a yellow Labrador guide dog puppy-in-training
sponsored by the City.
4_3 No Item
4.4 Downtown Development Board (DDB) check presentation to The Eve Shop -
David Allbritton, DDB Chair
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Mr. Allbritton presented a Business Relocation Grant check to Pam Rowan, owner of
The Eye Shop, located at 432 Cleveland Street.
4.5 Public Works Week Proclamation: May 20 — 26, 2012 — Tracy Mercer, Public
Utilities Director
4.6 EMS Week Proclamation: May 20 — 26, 2012 - Assistant Fire Chief Doug Swartz
4.7 Police Volunteer Check Presentation — Sgt. Mike Walek, Clearwater Police
Department
Sgt. Walek presented the City with a check representing $222,165.36 salary savings
due to police volunteers hours.
4.8 Environmental Advisory Board — Pete Stasis, Chair
Environmental Advisory Board Chair Pete Stasis reviewed efforts of the Board. During
the past year, the Board has met quarterly and held two special meetings to provide
council feedback on sand dunes and artificial turf. Other areas of interest discussed by
the Board were Clearwater Greenprint initiatives, adopt-a-park initiatives and community
gardens.
4.9 Strategic Action Steps to Address Homelessness in Clearwater (CMO) — Dr.
Robert Marbut
Dr. Robert Marbut provided a PowerPoint presentation. Goal of the recommendations
is to engage as many homeless individuals as possible into programming. The highest
concentration of homeless individuals is the Tampa-Metro market, weather being the
main draw. Clearwater has four homeless sub-populations: families with children,
individuals from other places in Florida who heard Clearwater Beach is a good place to
be homeless, group-oriented individuals in the Gateway area who use the soup kitchen
and have been in the area for at least five years, and the independent individuals in the
eastern edge who have elaborate encampments. Dr. Marbut said the
recommendations include implementing a culture of transformation that engages
homeless individuals and integrates them back into society and realigning sleeping and
feeding magnets with agency services. Proposed ordinance changes include changing
park closing times to dusk or 9:00 p.m.; prohibition of reclining on sidewalks in the
downtown/gateway and beach corridors; prohibition of overnight sleeping/camping in
public spaces (i.e., City Hall, libraries, etc.); and prohibition of bathing in public
fountains.
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In response to questions, Dr. Marbut said Saint Petersburg has sustained 93% of
homeless individuals off the streets to programming; Pinellas Park has sustained 100%
for one year. Of the individuals in programming, 50% of participants will graduate into
the second step. Since the Clearwater Police Department has begun implementing
some changes, more homeless individuals from north county are being transported to
Pinellas Safe Harbor. In Clearwater, Religious Community Services, Homeless
Emergency Project and the Salvation Army provide a combined bed capacity of 600 for
homeless individuals.
There was consensus for staff to continue engagement with Dr. Marbut, proceed with
ordinance recommendations and provide funding support for local service agencies.
The City Manager said recommendations and funding for service agencies would be
addressed through the budgeting process.
5. Approval of Minutes
5.1 Approve the minutes of the May 3, 2012 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the May 3, 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
Jason Gibertoni expressed a concern regarding the reported 9-12 passenger vehicle
the Jolley Trolley intends to purchase for a circulator service, which is illegal under
National Highway Safety Administration Rules and opposed any ordinance changes that
would allow use of such vehicle.
John Hood, Clearwater Audubon Society President, offered his assistance to the
Environmental Advisory Board and staff.
Lisa Lanza reviewed the duties of the Environmental Advisory Board when first
established and questioned efforts for membership recruitment.
Joe Paige opposed Clearwater Greenprint initiatives and opposed the scenic trail plan
for the Courtney Campbell Causeway.
Desmond Bezell expressed concerns with traffic congestion and speed.
Council 2012-05-17 3
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn Estates in Section 24,
Township 29 South, Range 15 East) together with the abutting right-of-way of
Burnice Drive and together with the additional right of way of Burnice Drive
abutting 2160 and 2166 Burnice Drive; and pass Ordinances 8319-12, 8320-12
and 8321-12 on first read ing.(ANX2012-02001)
This voluntary annexation petition involves a 0.237-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the north
side of Burnice Drive approximately 345 feet west of Belcher Road. The applicant
is requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The Planning and Development Department is requesting
that the 0.3098-acres of abutting and adjacent right-of-way of Burnice Drive not
currently within the city limits also be annexed. The property is contiguous to
existing City boundaries to the north, east, and west. It is proposed that the
property be assigned a Future Land Use Map designation of Residential Low (RL)
and a Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from Pinellas County. Collection of
solid waste and sewer service will be provided by the City. The property is located
within Police District III and service will be administered through the district
headquarters located at 2851 N. McMullen Booth Road. Fire and emergency
medical services will be provided to this property by Station 47 located at 1480
Lakeview Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their levels of
service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Council 2012-05-17 4
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category is consistent
with the current Countywide Plan designation of this property. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed
zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the
uses allowed in the district and the property exceeds the district's minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, east and west; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
Councilmember Jay Polglaze moved to approve the annexation, initial Future Land Use
Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn
Estates in Section 24, Township 29 South, Range 15 East) together with the abutting
right-of-way of Burnice Drive and together with the additional right of way of Burnice
Drive abutting 2160 and 2166 Burnice Drive. The motion was duly seconded and
carried unanimously.
Ordinance 8319-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8319-12 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 8320-12 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8320-12 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
Council 2012-05-17 5
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8321-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8321-12 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.
7.2 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro Gardens
in Section 9, Township 29 South, Range 16 East); and pass Ordinances 8325-
12, 8326-12 and 8327-12 on first read ing.(ANX2012-02002)
This voluntary annexation petition involves a 0.166-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the south
side of San Mateo Street approximately 145 feet east of McMullen Booth Road.
The applicant is requesting this annexation in order to receive sanitary sewer and
solid waste service from the City. The property is contiguous to existing City
boundaries to the north, south, and east. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Urban (RU) and a
Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Collection of solid
waste and sewer service will be provided by the City. The property is located
within Police District III and service will be administered through the district
headquarters located at 2851 N. McMullen Booth Road. Fire and emergency
medical services will be provided to this property by Station 49 located at 565 Sky
Harbor Drive. The City has adequate capacity to serve this property with sanitary
sewer, solid waste, police, fire and EMS service. The proposed annexation will not
have an adverse effect on public facilities and their levels of service; and
Council 2012-05-17 6
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the district and the property exceeds the district's
minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, south and east; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
Councilmember Jay Polglaze moved to approve the annexation, initial Future Land Use
Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro
Gardens in Section 9, Township 29 South, Range 16 East). The motion was duly
seconded and carried unanimously.
Ordinance 8325-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8325-12 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.
Council 2012-05-17 7
Ordinance 8326-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8326-12 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 8327-12 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8327-12 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.
7.3 Approve amendments to the Community Development Code providing density
and parking incentives for affordable housing developments, and pass
Ordinance 8313-12 on first reading. (TA2012-01001)
The City's Evaluation and Appraisal Report, which was released in August 2006,
indicated a need to create specific policies in the Clearwater Comprehensive Plan
to incentivize affordable housing, specifically calling for density bonuses and
parking reductions. In December 2008, the Clearwater City Council approved
amendments to the Clearwater Comprehensive Plan that included an objective
and policies relating to affordable housing incentives. This proposed amendment
to the Community Development Code implements that objective and policies.
Proposed Ordinance 8313-12 includes the following amendments:
Clarifies that the densities contained in the Clearwater Comprehensive Plan can
be exceeded under the new affordable housing density provisions.
Sets forth the review and approval process for granting the affordable housing
density bonus.
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Establishes a density bonus and sets forth how it is calculated, differentiating
between mixed-income affordable housing developments and other affordable
housing developments.
Sets forth standards that apply to all affordable housing developments that are
granted the density bonus, including compatibility criteria, design criteria and
green building criteria.
Sets forth criteria for a required covenant to maintain affordability, which address
both owner-occupied units and rental units.
Sets forth the standards for approval for the affordable housing parking incentive,
which allows a reduction in required parking spaces provided the criteria are met.
Clarifies that affordable housing developments receiving the density bonus will be
reviewed as a Level Two application.
Sets forth definitions for: affordable housing unit; dwelling, affordable housing
bonus density; and dwelling, reserved affordable housing.
The Community Development Board (CDB) reviewed the proposed amendment at
its meeting on April 17, 2012 and unanimously recommended the amendment for
approval.
At the City Council meeting on May 3, 2012 this item was tabled for further
revision. The desired language describing how to measure the distance from a
transit stop has been incorporated in the attached ordinance.
Councilmember Bill Jonson moved to take Agenda Item 7.3 off the table.
The motion failed for lack of a second.
City Manager Reports
8. Consent Agenda — Approved as submitted, less items 8.1 and 8.9
8.1 Approve the Memorandum of Understanding between the City and City of
Dunedin allowing for the use of the City of Clearwater Employee Health Center
by employees, retirees, and their dependents under the City of Dunedin medical
plan, in a cost-sharing arrangement that will allow for an increase in facility staff
and hours of operation while providing for savings of approximately $50,100 in
the form of revenue to the City of Clearwater and authorize the appropriate
officials to execute same. (consent)
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See below.
8.2 Approve the Lease Modification Agreement between the City and Powell
Professional Center. LLLP, for the space designated as Suite 240, located in the
commercial building known as the Powell Professional Center at 401 Corbett
Street, Clearwater. FL, for use by the City as an onsite medical clinic at a cost
not-to-exceed $125.000 for the three year period beginning July 1. 2013 and
ending June 30. 2016. (consent)
8.3 Award a contract (purchase order) to Equipco Manufacturing. Inc. in the amount
of$150.000 for the purchase of front-load containers, for period May 18. 2012
through May 17. 2013, as provided in the city's Code of Ordinances. Section
2.561 and authorize the appropriate officials to execute the same. (consent)
8.4 Approve a pre-event contract to AshBritt. Inc of Deerfield Beach. Florida to
provide disaster recovery services during the contract period June 1. 2012
through May 30. 2015, per the City of Clearwater RFP 25-11, and authorize the
appropriate officials to execute same. (consent)
8.5 Award a contract (purchase order) to Sage Eco Solutions. Inc. of Riverview. FL
in the amount of$287.500 for hauling yard waste from the city's solid waste
facility to the contractors facility, for period May 20. 2012 through May 19. 2013,
as provided in the city's Code of Ordinances. Section 2.561 and authorize the
appropriate officials to execute the same. (consent)
8.6 Approve a Work Order to Engineer of Record (EOR) Cumbey and Fair. Inc, of
Clearwater. Florida, in the amount of$244.432.60, for engineering design and
permitting services, for Smallwood Circle Drainage Improvements Project 01-
0057-EN): additional funding in the amount of$50.000, and authorize the
appropriate officials to execute same. (consent)
8.7 Approve a Supplemental Work Order to King Engineering Associates. Inc.
(Engineer of Record) to provide engineering design and permitting services for
the Woodlawn Terrace Storm Sewer Replacement Project 01-0028-EN) in the
amount of$185.864.00 and authorize the appropriate officials to execute same.
consent
8.8 Approve a work order to Engineer of Record (EOR). Leggette Brashear and
Graham. Inc. (LBG) in the amount of$298.840 for the design, permitting,
construction and testing of four monitoring wells for the City of Clearwater's Well
Field Monitoring Program (12-0013-UT) and authorize the appropriate officials to
Council 2012-05-17 10
execute same. (consent)
8.9 Award a Contract (purchase order) to Terra Renewal Services, Inc., of
Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a
Stormwater Facility known as Town Pond in the amount of$417,224.81 and
authorize the appropriate officials to execute same. (consent)
See below.
8.10 Approve Change Order 2 to Reynolds Inliner, LLC, for the 2010 Stormwater Pipe
Lining Project (09-0054-EN) to extend the contract time by 225 days and
authorize the appropriate officials to execute same. (consent)
8.11 Accept a Drainage and Utilities Easement over portions of Lots 1 through 4 and
13, Block 19, Milton Park Subdivision, conveyed to the City by the property
owner, and authorize appropriate officials to execute same. (consent)
Councilmember Bill Jonson moved to approve the Consent Agenda as submitted, less
Agenda Items 8.1 and 8.9, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
8.1 Approve the Memorandum of Understanding between the City and City of
Dunedin allowing for the use of the City of Clearwater Employee Health Center
by employees, retirees, and their dependents under the City of Dunedin medical
plan, in a cost-sharing arrangement that will allow for an increase in facility staff
and hours of operation while providing for savings of approximately $50,100 in
the form of revenue to the City of Clearwater and authorize the appropriate
officials to execute same. (consent)
Since July 6, 2010, the City has contracted with CareATC to operate an onsite
medical clinic for City employees, retirees, and their dependents covered under
the City's medical insurance. Upon opening the Employee Health Center, the City
anticipated there could be future opportunities for partnering with other entities in
the use and operation of the clinic, which might help to defray some of the City's
costs.
Recently, the City was approached by representatives from the City of Dunedin
requesting to enter into an arrangement with the City of Clearwater that would
allow Dunedin's employees, retirees, and dependents under their medical plan to
utilize Clearwater's Employee Health Center. With the size of the Dunedin
employee population at just over 300, they determined that opening a clinic of
their own would not be practical and that a partnership with Clearwater could be
Council 2012-05-17 11
beneficial to both parties. Representatives from both organizations subsequently
prepared a Memorandum of Understanding providing for Dunedin's use of
Clearwater's facility.
Under this MOU, the City of Dunedin will be billed directly for services such as
CareATC administration fees, Personal Health Assessments, prescription
medications, labs and radiology. Dunedin will be invoiced by Clearwater and
share in the cost for items such as medical staff costs, general medical and office
supplies, and the rent, utilities, and maintenance services for the facility. The
items for which the parties will share the cost will be pro-rated based on the
respective percentage that each agency's number of employees comprises of the
total number of employees combined between the two agencies. In accordance
with such, Dunedin's percentage of the cost of the shared items will be no less
than 17%. At the end of each year, the parties will review Dunedin's participant
utilization rate and will adjust Dunedin's shared cost proportionally if their
utilization is found to exceed 17% of the total participant utilization. In addition,
Dunedin will remit to Clearwater a monthly fee of$3.00 per eligible employee in
consideration for their use of the clinic and the administrative oversight that will
continue to be borne by Clearwater. Last, Dunedin will also reimburse Clearwater
for a percentage of the clinic initial start-up costs.
The MOU further specifies that Dunedin will not enter into any agreement with
CareATC that will materially affect Clearwater's operations, liability or costs
associated with the Employee Health Center, and that Clearwater will retain the
final decision making authority on all matters involving the facility, clinic staffing,
operations, services, and expenditures or costs. The MOU will result in Clearwater
funding some of the shared items at a higher budgeted amount, but these costs
will be more than offset by the reimbursements received from Dunedin for the
shared items overall. If Dunedin's usage is proportional to Clearwater's, it is
estimated that the Dunedin reimbursements for the shared items and the per
member per month participant fee will produce approximately $50,100 net annual
savings in the form of revenue for the City of Clearwater, while allowing for the
expansion of the facility's operating hours and an increase in facility staffing.
The MOU was approved by the Dunedin City Council at the meeting held on May
3, 2012. The anticipated implementation date for Dunedin's utilization of the
facility is July 1, 2012. The partnership will result in the need for an amendment to
Clearwater's clinic budget in the amount of approximately $31,000 for the current
fiscal year to be funded from the Central Insurance Fund. However, the
anticipated Dunedin reimbursements for the three month period are expected to
offset that amount and produce approximately $10,000 net savings to the City of
Clearwater.
Council 2012-05-17 12
City of Clearwater
Employee Health Center
Proposed Addition of Dunedin
Fiscal 2013 Estimated
Fiscal 2013 Estimate
Estimated Incremental Revenues from Dunedin:
Shared costs - $899,480 @ 17% $ 152,912
PMPM Fee 11,592
Incremental City Revenues 164,504
Estimated Incremental City Expenditures:
Incremental staffing 105,000
Incremental other (office supplies, medical supplies) 9,400
Incremental City Expenditures 114,400
Estimated Net Surplus to City for Fiscal 2013 $ 50,104
One individual spoke in opposition.
Councilmember Jay Polglaze moved to approve the Memorandum of Understanding
between the City and City of Dunedin allowing for the use of the City of Clearwater
Employee Health Center by employees, retirees, and their dependents under the City of
Dunedin medical plan, in a cost-sharing arrangement that will allow for an increase in
facility staff and hours of operation while providing for savings of approximately $50,100
in the form of revenue to the City of Clearwater and authorize the appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
8.9 Award a Contract (purchase order) to Terra Renewal Services, Inc., of
Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a
Stormwater Facility known as Town Pond in the amount of$417,224.81 and
authorize the appropriate officials to execute same. (consent)
Council approved design and permitting of Town Pond Modifications in March of
2011. Permitted modifications include the elimination of the alum feed system,
removal of pond sediments and a southern expansion of the pond by 0.22 acres.
This is the first of two contracts to be awarded, as the sediments need to be
removed before the pond is expanded. The permitted modifications will provide
required water quality benefits in lieu of the alum injection system.RFP17-12 was
issued on February 2, 2012, soliciting proposals for removal and disposal of the
sediments. On April 6, a selection committee consisting of Engineering staff and
Reiss Engineering short-listed two firms from the six submittals based upon
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qualifications, technical approach, experience, cost and locality. On April 12, the
two short-listed firms were interviewed and Terra Renewal was selected for the
project.
A midyear budget amendment will transfer $417,224.81 from Capital Improvement
Program (CIP) project 0315-96170, Coastal Basins Projects to CIP 0315-96125,
Town Lake.
In response to questions, Environmental Manager Ed Chesney said the alum pump-out
system did not work and as a condition of the SWFWMD (Southwest Florida Water
Management District) permit, the City must remove the alum floc that collected at the
bottom of the lake before enlarging the lake. The alum floc will be vacuumed and
pumped to the surface into a geo-tube. The pond water will drain back into the lake and
the sediment collected in the geo-tube will dry out and be hauled off. Mr. Chesney said
the enlargement will add a littoral shelf, which will naturally treat the stormwater before it
leaves the system. If approved, the project will begin June/July and be completed by
December.
One individual questioned if the Environmental Advisory Board provided feedback on
the project.
Discussion ensued regarding seeking feedback from advisory boards regarding items
being considered by council. Staff was directed to invite advisory board chairs to
council meetings to provide feedback on agenda items that require action prior to the
board meeting.
One individual suggested council convene a Taxpayers Economic Advisory Board.
Vice Mayor Paul Gibson moved to award a Contract (purchase order) to Terra Renewal
Services, Inc., of Richardson, TX for sediment removal (alum floc) at Prospect Lake
Park a Stormwater Facility known as Town Pond in the amount of$417,224.81 and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
The Council recessed from 8:26 p.m. to 8:35 p.m.
9. Other Items on City Manager Reports
9.1 Approve the rescinding of Ordinance 7650-06, which vacated a utility easement
and alley in the 1900 block of Edgewater Drive, more particularly described
therein; and pass Ordinance 8328-12 on first reading.
Council 2012-05-17 14
City Council passed and adopted Ordinance 7650-06 on July 20, 2006, vacating a
utility easement and alley in the 1900 block of Edgewater Drive. The ordinance
was adopted subject to certain conditions that were never satisfied and the
allotted time for the satisfaction of these conditions has expired. The ordinance
expressly states that if conditions are not met within the allotted time, "this
ordinance will thereafter be null and void in all respects as though never adopted."
In the interest of leaving a clear chain of title to real property, staff recommends
approval of a corrective ordinance. Ordinance 8328-12 will rescind Ordinance
7650-06 leaving no uncertainty that the vacation of the alley and utility easement
described therein it is null and void.
Councilmember Doreen Hock-DiPolito moved to approve the rescinding of Ordinance
7650-06, which vacated a utility easement and alley in the 1900 block of Edgewater
Drive, more particularly described therein. The motion was duly seconded and carried
unanimously.
Ordinance 8328-12 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8328-12 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 Increase the residential and commercial Stormwater Utility rate to $13.40 per
Equivalent Residential Unit (ERU) beginning October 1, 2012; to $13.77 per
ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1, 2014;
to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning
October 1, 2016 and Pass Ordinance 8330-12 on first reading.
Burton and Associates' (BA) 2008 revenue sufficiency and financial forecast
analysis showed that an increase of 4.25% was needed for fiscal year 2013
($13.59). Due to project management and operating savings, the 2012 B and A
revenue sufficiency analysis shows that the need for Fiscal Year (FY) 2013 can
be reduced to $13.40, a 2.75% increase instead of the 4.25% approved in 2008,
with additional 2.75% increases needed for FY2014 ($13.77), FY2015 ($14.15),
FY2016 ($14.54) and FY2017 ($14.94). Without reliable information regarding the
effects of the proposed regulations on Numerical Nutrient Criteria (NNC) the
Council 2012-05-17 15
current rate study does not project the need for any revenue bond issuances in
the foreseeable future. The effect on the Utility's rates and borrowing needs will
be revisited with a follow-up rate study in the spring of 2013.Since the 2008 rate
increases were passed, several significant flood control and water quality projects
have been completed or are underway, including: Beach Walk, Alligator Creek
Wetlands Creation, Alligator Creek Channel G, Alligator Creek Channel F, Lake
Bellevue, Tropic Hills Phase I and Tropic Hills Phase II.
Individual projects will be presented to the Council for development approval.
Vice Mayor Paul Gibson moved to increase the residential and commercial Stormwater
Utility rate to $13.40 per Equivalent Residential Unit (ERU) beginning October 1, 2012;
to $13.77 per ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1,
2014; to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning
October 1, 2016. The motion was duly seconded and carried unanimously.
One individual spoke in opposition.
Ordinance 8330-12 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8330-12 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.
9.3 Approve the creation of a Domestic Partner Registry to be administrated by the
City Clerk and pass Ordinance 8329-12 on first reading.
A number of Clearwater residents establish and maintain important personal,
emotional, and economic relationships with persons to whom they are not married
under Florida law. Individuals forming such domestic partnerships often live in a
committed family relationship. Domestic partners and their dependants may be
denied certain rights for lack of a system that establishes recognition of such
partnerships. The 2010 census indicates that 5.9% of American households
identified themselves as living in unmarried partner households, which is an
increase over the 5.2% of such households identified in the 2000 census. The
2010 Census data indicates that in Clearwater approximately 7.5% of households
are unmarried partner households, which is a significant increase over the 6.2% of
such households identified in the 2000 census.
Council 2012-05-17 16
It is believed that the existence of a Domestic Partnership Registry is attractive to
companies that value diversity and can assist the City of Clearwater in its
economic development by attracting companies to locate and make capital
investments in the City, and will promote the City's reputation as a growing,
vibrant and diverse community.
The rules developed to implement the provisions of this ordinance shall be
construed to accomplish the policies and purposes of the ordinance. However,
this ordinance shall not be construed to supersede any federal, state, or other city
laws or regulations, nor shall this ordinance be interpreted in a manner as to bring
it into conflict with federal, state, or other city laws. Nothing in this ordinance shall
be construed as recognizing or treating a domestic partnership as a marriage.
Councilmember Doreen Hock-DiPolito moved to approve the creation of a Domestic
Partner Registry to be administrated by the City Clerk. The motion was duly seconded
and carried unanimously.
Two individuals spoke in opposition.
In response to a question, the City Attorney said the pre-need guardian designation
allows registered individuals to be designated as the person who has the right to be the
guardian. The individual would have the right to take care of their affairs and make
certain decisions.
Ordinance 8329-12 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8329-12 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.
Miscellaneous Reports and Items
10. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
Council 2012-05-17 17
11. Adjourn
The meeting was adjourned at 8:59 p.m.
CteOI (. Cr t\ttoS
Mayor
Attest City of Clearwater
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City Clerk gj �' .Fry�/� 1•
CP 41
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Council 2012-05-17 18