07/19/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
July 19, 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 — Rev. Dr. Scott Baker from First United Methodist Church
3. Pledge of Allegiance — Councilmember Doreen Hock- iPolito
4. Presentations — Given.
4.1 Service Awards
One service award was presented to a city employee.
4.2 Neighborhood Awards Presentation
The Summer 2012 Beautification Award was presented to the Rumba Island Bar and
Grill, located at 1800 Gulf to Bay Boulevard.
The Neighborhood of the Quarter for Summer 2012 was presented to the Brigadoon of
Clearwater Homeowners Association. Home of the Quarter awards were presented to
Lisa Lanza, 2043 San Marino Way South and Justine Bradford, 608 N. Jefferson
Avenue.
Council 2012-07-19 1
4.3 Florida Water Professionals Week Proclamation, August 13 — 27, 2012 - Dave
Porter-Wastewater Environmental Technologies Manager
4.4 Florida Police Chief's Rocky Pomerance Award for Operation Graduate —
Clearwater Police Chief Holloway
Police Chief Holloway presented Diana Lenox, Director of Dropout Prevention with
Pinellas County Schools; Stan Vittetoe, Ph.D., Provost, Vice President for Workforce
and Continuing Education with St. Petersburg College; Adrienne Conwell, Chief
Probation Officer with the Department of Juvenile Justice and Parks and Recreation
Director Kevin Dunbar and thanked them for their efforts and commitment to the
program.
5. Approval of Minutes
5.1 Approve the minutes of the June 20, 2012 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the June 20, 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
Shannon O'Leary presented Council with petition opposing the closure of the Crest
Lake Park restrooms.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the City of Clearwater's Fiscal Year 2012-2013 Consolidated Annual
Action Plan, to carry forward the goals and objectives set forth in the Fiscal Year
2011-2016 Five-Year Consolidated Plan, as required by HUD, and authorize the
City to enter into agreements with organizations contained in the Fiscal Year
2012-2013 Consolidated Annual Action Plan and authorize the appropriate
officials to execute same.
The U.S. Department of Housing and Urban Development (HUD) requires
communities that receive entitlement Community Development Block Grant
Program (CDBG) and HOME Investment Partnership Program (HOME) funding to
prepare a comprehensive 5-year consolidated planning document that evaluates
Council 2012-07-19 2
the needs of the community and sets forth strategies to address those needs. The
Fiscal Year 2011-2016 Consolidated Annual Action Plan is mainly a continuation
of the City's prior Consolidated Plan, which was completed in 2011. The Plan
includes an executive summary, community profile, strategic plan, annual action
plan, citizen participation plan and an analysis of fair housing and certifications.
The community profile and the strategic plan are the two major components of the
document. The community profile identifies the demographics and the strategic
plan identifies the needs and how they are going to be addressed.
In addition, the City is required to create and implement an annual action plan
identifying the sources and uses of federal money for housing, community and
economic development. This annual plan, referred to as a Consolidated Annual
Action Plan, provides HUD with the City's housing, community and economic
development budget and proposed expenditures based on the entitlement funds
and estimated program income that the City will receive in the upcoming fiscal
year to meet the goals established in the Five-Year Plan.
In Fiscal Year 2012-2013, the City is estimated to receive federal funds in the
amount of$719,995 through the CDBG and $301,560 through the HOME. The
total Fiscal Year 2012-2013 allocation budget is $1,021,555 (excluding SHIP
funding of$60,000). Funds provided through the HOME Program are limited to
housing-related activities and administration. Funds provided through the CDBG
Program may be used for housing, community and economic development, public
services and facilities, acquisition, relocation, demolition and administration.
Additional funding for the Fiscal Year 2012-2013 budget will come from estimated
program income funds and un-programmed prior year CDBG, HOME, SHIP and
Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured
funds, etc). Other funds may include those from the Neighborhood Stabilization
Program 3 (NSP3) and leverage from private sector investments.
The City partners with several non-profit agencies to implement the goals and
objectives the City had established in the Consolidated Planning Document. To
obtain these partners, the City annually publishes a Notice of Funding Availability
(NOFA) in the local newspaper and on its website. This notice informs the non-
profits of the resources the City will make available and the eligible uses of these
resources. It also informs them of the application period for requesting funds. This
year the applications were due in April and the City received a total of 19
applications for funding requests.
A Technical Review Committee (TRC), comprised of professionals in the social
service and grants community and two members of the City's Neighborhood and
Affordable Housing Advisory Board (NAHAB), reviewed the applications, scored
them and set forth a strategy to maximize the number of applicants that will
receive a portion of allocated funds. Applicants were given an opportunity to
Council 2012-07-19 3
present at the monthly NAHAB meeting regarding their programs. City staff also
reviewed each application to ensure it met HUD's baseline requirements. The
NAHAB met on May 8, 2012 to approve the recommended allocations contained
in the Fiscal Year 2012-2013 Consolidated Annual Action Plan.
Economic Development and Housing Director Geri Campos Lopez provided a
PowerPoint presentation.
Councilmember Jay Polglaze moved to approve the City of Clearwater's Fiscal Year
2012-2013 Consolidated Annual Action Plan, to carry forward the goals and objectives
set forth in the Fiscal Year 2011-2016 Five-Year Consolidated Plan, as required by
HUD, and authorize the City to enter into agreements with organizations contained in
the Fiscal Year 2012-2013 Consolidated Annual Action Plan and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
7.2 Approve request from Cay 1475, LLC to vacate the 20-foot Drainage and Utility
Easement located southwest of the corner of Sunset Point Road and North
Highland Avenue subject to certain conditions; and pass Ordinance 8350-12 on
first reading (VAC2012-03).
Cay 1475, LLC (Applicant) owns fee title to the property containing the easement
area proposed for vacation (Easement Vacation Area). Planning Case Number
FLS2012-02003 has been reviewed by city staff and calls for a dry stormwater
pond to be constructed within the Easement Vacation Area. The Applicant has
agreed to grant the City a substitute Drainage and Utility Easement and to satisfy
the City's requirements for the relocation of an existing sanitary line and gas line.
The substitute easement will be 20-feet wide and will provide for a continuous
utility corridor.
Progress Energy, Verizon, Bright House and Knology have no objection to the
request.
The Engineering Department conducted an interdepartmental review of the
request. City utility providers, potentially affected by the vacation, concur with the
staff recommendation.
Vice Mayor Paul Gibson moved to approve request from Cay 1475, LLC to vacate the
20-foot Drainage and Utility Easement located southwest of the corner of Sunset Point
Road and North Highland Avenue subject to certain conditions. The motion was duly
seconded and carried unanimously.
Council 2012-07-19 4
Ordinance 8350-12 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8350-12 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 the Annexation, Initial Land Use Plan Designation of Industrial General
(IG) and Industrial Limited (IL) and Initial Zoning Atlas Designation of Industrial,
Research and Technology (IRT) District for 1907 Calumet Street (consisting of a
portion of the Northwest 1/4 of Section 12 and the Southwest 1/4 of Section 1,
Township 29 South, Range 15 East); and pass Ordinances 8335-12, 8336-12
and 8337-12 on first reading. (ANX2012-05003)
This voluntary annexation petition involves a 1.07-acre property consisting of one
parcel of land that is currently vacant. It is located on the west side of N. Hercules
Avenue, lying north of the Seaboard Coastline Railroad. The applicant is
requesting this annexation in order to join this parcel with other parcels owned by
the applicant located to the west of the subject property. The property is located
within an enclave and is contiguous to existing City boundaries to the north and
west. It is proposed that the property be assigned Future Land Use Plan
designations of Industrial General (IG) and Industrial Limited (IL) and a zoning
category of Industrial, Research and Technology (IRT).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property is currently vacant but would receive water service from the City of
Clearwater. The closest sanitary sewer line is located north of the property in the
adjacent North Hercules Avenue right-of-way, but is not readily available to the
property. The applicant is aware of the additional costs to extend City sewer
service to this property. Collection of solid waste will be provided by the City of
Clearwater. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire
and emergency medical services will be provided to this property by Station 48
located at 1700 N. Belcher Road. The City has adequate capacity to serve this
property with sanitary sewer, water, 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 2012-07-19 5
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.
The proposed IG and IL Future Land Use Plan categories are consistent with the
current Countywide Plan designation of this property. This designation primarily
permits non-residential uses at a maximum intensities of .75 FAR in IG and .65
FAR in IL. The proposed zoning district to be assigned to the property is the
Industrial, Research and Technology (IRT) District. The property is currently
vacant property and 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 and west; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
Councilmember Doreen Hock-DiPolito moved to approve the Annexation, Initial Land
Use Plan Designation of Industrial General (IG) and Industrial Limited (IL) and Initial
Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 1907
Calumet Street (consisting of a portion of the Northwest 1/4 of Section 12 and the
Southwest 1/4 of Section 1, Township 29 South, Range 15 East). The motion was duly
seconded and carried unanimously.
Ordinance 8335-12 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8335-12 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 2012-07-19 6
Ordinance 8336-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8336-12 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 8337-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8337-12 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.
7.4 Approve a Development Agreement between Louis Developments LLC (the
Property owner) and the City of Clearwater, providing for the allocation of units
from the Hotel Density Reserve under Beach by Design; authorize the
appropriate officials to execute same and adopt Resolution 12-07. (DVA2012-
03001)
The 1.26 acres is located at the northeast corner of East Shore Drive and Papaya
Street.
The site is comprised of three parcels, two on the east side of East Shore Drive
and one on the west side of East Shore Drive. The majority of the site is currently
vacant with the remainder of the area developed with three single-story buildings
containing 42 overnight accommodation units.
The proposal is for an overnight accommodation use of a total of 134 rooms (106
rooms/acre on total site, including the allocation of 71 units from the Hotel Density
Reserve) and 6,500 square feet (0.11 FAR on total site) of amenities accessory to
the hotel at a height of 85.5 feet (to midpoint of pitched roof of elevator tower). On
June 19, 2012, the Community Development Board (CDB) approved with 29
conditions of approval a Flexible Development application for the construction of a
134-unit hotel with accessory restaurant (FLD2012-03008).The proposal is in
compliance with the standards for development agreements, is consistent with the
Council 2012-07-19 7
Comprehensive Plan and furthers the vision of beach redevelopment set forth in
Beach by Design. The proposed Development Agreement will be in effect for a
period not to exceed ten (10) years, meets the criteria for the allocation of units
from the Hotel Density Reserve under Beach by Design and includes the following
main provisions:
Provides for the allocation of 71 units from the Hotel Density Reserve;
Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;Requires
the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed; For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording of a
covenant restricting use of such hotel units to overnight accommodation usage;
and
Requires a legally enforceable mandatory evacuation/closure covenant that the
hotel will be closed as soon as practicable after a hurricane watch that includes
Clearwater Beach is posted by the National Hurricane Center.
The Community Development Board reviewed this Development Agreement
application at its public hearing on June 19, 2012, and unanimously
recommended approval of the application.
In response to questions, Planner Matt Jackson said there are approximately 1,000
units remaining in the hotel density reserve. The project does not include back-out
parking. Gulfcoast Consulting representative Robert Pergolizzi said the trip generation
for this project would be 1,190 daily trips, of which 86 would occur in the mid-day peak
hour and 72 would occur during 4:00 p.m. and 6:00 p.m. Planning and Development
Director Michael Delk said the development order does not require the hotel to be a
flag. East Shore Drive was resurfaced recently, from the roundabout to Papaya Street.
The section from Papaya Street to Baymont Street would be resurfaced as part of a
scheduled stormwater project, scheduled to begin in October. Engineering Director
Mike Quillen said the stormwater project and hotel construction can occur concurrently;
staff prefers resurfacing the road after the hotel construction.
The City Manager said staff will be contacting the businesses impacted by the
stormwater project. The project is expected to be completed within six months.
One individual spoke in opposition.
In response to a question, Mr. Delk said the hotel density reserve does not require a
flag hotel. Beach by Design established a resort density pool that required hotels to be
a flag.
Council 2012-07-19 8
Councilmember Doreen Hock-DiPolito moved to approve a Development Agreement
between Louis Developments LLC (the property owner) and the City of Clearwater,
providing for the allocation of units from the Hotel Density Reserve under Beach by
Design and authorize the appropriate officials to execute same. The motion was duly
seconded. Mayor George N. Cretekos and Councilmembers Doreen Hock-DiPolito and
Jay Polglaze voted "Aye"; Vice Mayor Paul Gibson and Councilmember Bill Jonson
voted "Nay".
Motion carried.
Resolution 12-07 was presented and read by title only. Councilmember Doreen Hock-
DiPolito moved to adopt Resolution 12-07. The motion was duly seconded.
Concerns were expressed regarding the project's height and traffic safety concerns.
Upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, and
Councilmember Jay E. Polglaze.
"Nays Vice Mayor Paul Gibson and Councilmember Bill Jonson.
Motion carried.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8313-12 on second reading, amending the Community
Development Code to clarify exceptions for granting increased density: renaming
Section 3-920 Affordable Housing Incentives; adding an affordable housing
density bonus and parking incentives and associated qualifying criteria; adding
definitions for affordable housing unit, dwelling, affordable housing bonus
density, and dwelling reserved affordable housing.
Ordinance 8313-12 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8313-12 on second and final reading. The motion was duly
seconded.
A concern was expressed that the ordinance does not include an AMI (Area Median
Income) floor.
Upon roll call, the vote was:
Council 2012-07-19 9
'Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, and Councilmember Jay E. Polglaze.
"Nays": Vice Mayor Paul Gibson.
Motion carried.
8.2 Adopt Ordinance 8331-12 on second reading, amending the Community
Development Code to provide for outdoor cafes within certain areas of
Beachwalk; authorizing alcoholic beverages in outdoor cafes under certain
circumstances.
Ordinance 8331-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8331-12 on second and final reading. The
motion was duly seconded.
One individual spoke in opposition.
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.
8.3 Adopt Ordinance 8333-12 on second reading, amending and restating the
provisions of Chapter 2, Article V., Division 3., of the City of Clearwater Code of
Ordinances, adopting a revised Employees Pension Plan; calling for a
referendum election relating to the pension plan and providing a referendum
question to appear on the ballot for said referendum.
Ordinance 8333-12 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8333-12 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.
Council 2012-07-19 10
8.4 Adopt Ordinance 8339-12 on second reading, rescinding Ordinance 7650-06
which vacated, with conditions, the five-foot utility easement lying along the
south property line of Lot 1 and the west 22.71 feet of Lot 2, Sunnydale
Subdivision, and vacated the ten-foot alley Ivinq adjacent to the north property
lines of Lots 2,67, and the west fifteen feet of Lot 8, Sunset Point Replat
because conditions were not met.
Ordinance 8339-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8339-12 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.
8.5 Adopt Ordinance 8340-12 on second reading, amending Chapter 22, Parks,
Beaches, Recreation by modifying park hours for various parks or portions
thereof; limiting bathing to recreation facilities specifically set aside for such
purpose; eliminating references to bathhouses; prohibiting camping on any
public beach or park except by special event permit; allowing the training and
use of service animals on public beaches and park property: replacing a
reference to Clearwater Executive Golf Course with the Landings Golf Club and
replacing all references to City Commission with City Council; and eliminating
references to reserved sections of the Code of Ordinances.
Ordinance 8340-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8340-12 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.
8.6 Adopt Ordinance 8341-12 on second reading, amending the Operating Budget
for the Fiscal Year ending September 30, 2012 to reflect increases and
decreases in revenues and expenditures for the General Fund, Special Program
Fund, Special Development Fund, Solid Waste Fund, Recycling Fund, Gas
Fund, Marine Fund, Airpark Fund, Parking Fund, Administrative Services Fund,
General Services Fund, and Central Insurance Fund.
Council 2012-07-19 11
Ordinance 8341-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8341-12 on second and final reading. The
motion was duly seconded 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.
8.7 Adopt Ordinance 8342-12 on second reading, amending the capital
Improvement Budget for the Fiscal year ending September 30, 2012, to reflect a
net increase of$2,709,176.
Ordinance 8342-12 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8342-12 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.
8.8 Adopt Ordinance 8344-12 on second reading, adding violations of Chapter 22 to
those violations that are punishable by a fine of up to $500.00, a term of
imprisonment not exceeding 60 days, or by both a fine and imprisonment, as
may be imposed by the County Court.
Ordinance 8344-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8344-12 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.
City Manager Reports
Council 2012-07-19 12
9. Consent Agenda — Approved as submitted.
9.1 Declare seventeen (17) Medtronic Lifepak 12 Cardiac Monitors/Defibrillators
surplus to the needs of the City, authorize donation to the Pinellas County
Emergency Medical Services (EMS) Authority, and authorize the appropriate
officials to execute same. (consent)
9.2 Authorize the increase of Blanket Purchase Order BR507677P to Office Depot,
awarded by the City Manager, from $100.000 to $220.000, for the period
November 1. 2011 through October 31. 2012, in accordance with Sec. 2.564
(1)(d) Code of Ordinances - Other Governmental Bid, and authorize the
appropriate officials to execute same. (consent)
9.3 Approve funding not to exceed $822.490 to properly close a landfill site known
as the Phillip Jones Park: renovate the site to be used for youth sports, primarily
as a football stadium from unrestricted Solid Waste funds and establish a new
Capital Improvement Project entitled Phillip Jones Park Renovations (CIP 315-
93631). (consent)
9.4 Approve acceptance of Department of Justice. Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of
$60.658: additional .75 Full Time Equivalent Position (FTE), and authorize the
appropriate officials to execute same. (consent)
9.5 Approve a no-cost Licensing Agreement between the Vera Institute of Justice
(Vera). 233 Broadway, New York, New York 10279, and the City of Clearwater
(City) to permit usage of City photographs in the development of a Vera
publication regarding its Engaging Police in Immigrant Communities protect, and
authorize the appropriate officials to execute same. (consent)
9.6 Approve a Joint Use Agreement, which replaces the existing Licensing
Agreement between the Tampa Division of the Federal Bureau of Investigation
(FBI) and the City of Clearwater (City), concerning the use of the Clearwater
Police Department District III Training Facility (Premises), located at 2851 North
McMullen Booth Road, Clearwater. Florida, and authorize the appropriate
officials to execute same. (consent)
9.7 Approve renewal of the Interlocal Agreement between the City of Clearwater and
Pinellas County to allow the County to purchase bulk reclaimed water from the
City and authorize the appropriate officials to execute same. (consent)
9.8 Ratify and Confirm Change Order 2 for the Marshall Street Water Reclamation
Facility (WRF) Rapid Sand Filter Rehabilitation project (09-0045-UT) to add a
Council 2012-07-19 13
113-day time extension to the contract for additional unforeseen work. (consent)
9.9 Award a contract to Wharton-Smith. Inc. of Sanford. Florida, to rehabilitate
clarifiers 1-4 at the Marshall Street Water Reclamation Facility (WRF) in the
amount of$1.789.887.00, which is the lowest responsible bid received in
accordance with plans and specifications: approve a work order to Engineer of
Record. King Engineering Associates. Inc. in the amount of$175.994.00 to
provide Engineering Services during construction and field observation for a total
funding of$ 1.965.881.00: and authorize the appropriate officials to execute
same. (consent)
9.10 Award a contract to TLC Diversified of Palmetto. FL, in the amount of
$2.378.307.80, for the Marshall Street Salsnes Filter Project (06-0022-UT),
which is the lowest responsive bid received in accordance with plans and
specifications: approve a work order to Engineer of Record. McKim and Creed.
Inc. in the amount of$164.675.00 to provide Construction. Engineering and
Inspection (CEI) services and authorize the appropriate officials to execute
same. (consent)
9.11 Award a contract to SL Williams Consulting Corp of Wellington. Florida, in the
amount of$1.542.238.53 for construction of the Reverse Osmosis Plant 1-
Concentrate and Backwash Pipeline, Project 09-0018-UT, which is the lowest
responsible bid received in accordance with the plans and specifications for this
project: and authorize the appropriate officials to execute same. (consent)
9.12 Approve Engineer of Record (EOR) contracts with the twenty-seven firms listed
for a period of three years commencing August 10. 2012 and authorize the
appropriate officials to execute same. (consent)
9.13 Ratify and Confirm City Manager Approval of a lease between the City of
Clearwater and Clearwater Marine Aquarium for the lease of a portion of the
lower level of the Harborview Center as storage space in conjunction with the
third floor occupancy: approve First Amendment to the Lease between City of
Clearwater and Clearwater Marine Aquarium, dated September 12. 2011, to
provide evidence of workers compensation and automobile liability insurance
and authorize the appropriate officials to execute same. (consent)
9.14 Reappoint Denise L. Rosenberger to the Airpark Advisory Board with term to
expire April 30. 2016. (consent)
9.15 Reappoint Joseph DeCicco as the Agency or Government representative and
Arthonia Godwin as the Business owner or representative of the Brownfields
Advisory Board with terms to expire May 31. 2016. (consent)
Council 2012-07-19 14
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.
10. Other Items on City Manager Reports
10.1 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2012/13 and set
public hearing dates on the budget for September 4, 2012 and September 20,
2012, to be held no earlier than 6:00 p.m.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing and
adopting a budget. This information must be provided to the Pinellas County
Property Appraiser and Tax Collector by August 4, 2012. This City's proposed
millage rate and public hearing dates will be included on the TRIM notices mailed
to taxpayers in August. This tentative rate cannot be increased without first-
class mailing notification to each taxpayer at the expense of the City of
Clearwater, not less than 10 days and not more than 15 days before the first
public hearing. The City Manager's recommended millage rate is 5.1550 mills.
The rate is 1.60% less than the rolled back rate of 5.2387 mills. The rolled-back
rate is the millage rate that will provide the City with the same property tax
revenue as was levied in the prior year. If the proposed millage rate of 5.1550
mills is adopted, the City's ordinance adopting the millage rate will reflect a
1.60% decrease from the rolled back rate of 5.2387 mills.
The proposed millage rate as well as other TRIM millage rates will be noted on
the 2012 compliance forms as follows:
5.1550 mills - Proposed millage rate
5.2387 mills - Rolled-back millage rate
7.7674 mills - Maximum majority vote rate
8.5441 mills - Maximum two-thirds vote rate
Budget Director Tina Wilson provided a PowerPoint presentation.
Councilmember Bill Jonson moved to adopt a tentative millage rate of 5.1550 mills for
fiscal year 2012/13 and set public hearing dates on the budget for September 4, 2012
and September 20, 2012, to be held no earlier than 6:00 p.m. The motion was duly
seconded and carried unanimously.
Council 2012-07-19 15
10.2 Provide direction regarding the report of the Marine Advisory Board relating to
City support of a proposed amendment to the Gulf of Mexico Fisheries
Management Council's Reef Fish Management Plan allowing for sector
separation as requested of the City by the Clearwater Marine Association, a
group formed by and representing chartered/for hire fishing fleet.
The Gulf of Mexico Fisheries Management Council (GMFMC), through the
federal Fisheries Conservation and Management Act (the Magnuson-Stevenson
Act), is responsible for developing fishery management plans to manage fishery
resources from where state waters end, out to the 200-mile limit of the Gulf of
Mexico. Fisheries Management Plans, particularly the Reef Fish Management
Plan, are based on separate catch quotas for the recreational sector and the
commercial sector. The commercial sector includes fisheries to supply
restaurants, seafood stores and the like. The recreational sector includes private
individuals fishing for their own enjoyment and specifically includes charter boats
and head boats such as those that operate out of the Clearwater Beach Marina.
The GMFMC is currently considering an amendment to the its Reef Fish
Management Plan (amendment 39) that would develop a program for sector
separation, which would allow charter fishing boats and head boats to be
allocated a separate annual catch quota from the recreational sector. This sector
separation would not allow the charter boats and head boats to "take" more fish,
only manage the number they catch over the entire year and not lose customers
during closed months. Charter and head boats will be obliged to log and report
their catch to the Gulf of Mexico Fisheries Management Council to provide more
data on the health of the various fish species, therefore better managing fish
stocks and potentially increasing the fishing season so that captains can manage
their businesses more effectively.
At the present time, the proposed amendment is at the "Scoping" stage, defined
by the GMFMC as a period when the "Council gathers suggestions and ideas
from stakeholders and others about how to solve a fishery problem or address a
need. The goal of scoping is to identify issues, potential impacts, and reasonable
alternatives associated with the issues at hand so that reasonable management
actions and alternatives can be developed."
The Marine Advisory Board convened a special meeting during the first week of
July and staff is requesting direction from the City Council on actions to take with
regard to this issue based on the Marine Advisory Board's recommendation.
After a 90-minute discussion, the Marine Advisory Board voted in favor of
supporting the request of the Clearwater Marine Association for sector
separation.
Council 2012-07-19 16
Six individuals spoke in support and one individual spoke in opposition.
In response to questions, Marine and Aviation Director Bill Morris said the Gulf of
Mexico Fisheries Management Council (Council) sets the annual quota for the catch
period; specifying the number of fish, per species, allowed to be caught during the year.
The objective of sector separation is to balance when the grouper is caught. Mr. Morris
said the Council has been encouraged to develop rules for all fishing sectors (i.e.,
commercial, charter and recreational).
Vice Mayor Paul Gibson moved to direct staff to draft a letter for the Mayor's signature
supporting sector separation. The motion was duly seconded and carried unanimously.
The Council recessed from 8:14 p.m. to 8:25 p.m.
10.3 Approve the Mutual Aid Agreement with the City of Tampa for the Republican
National Convention (RNC), which will be effective during the week commencing
on August 26, 2012 and authorize the appropriate officials to execute same.
The City of Tampa was awarded a federal grant to help with security costs
connected with the RNC. The RNC has been designated a National Special
Security Event due to the event's significance to the United States and the
inherent challenge of ensuring the safety and security of all event participants.
Law enforcement agencies providing personnel for the RNC are considered to be
sub-recipients of the federal grant and eligible for reimbursement for personnel
and other costs subject to both the terms of the Agreement and the grant.
Florida Governor Rick Scott will execute an executive order in advance of the
RNC to activate the Florida Mutual Aid Plan pursuant to Florida State Statues
Chapter 23, Part I, thereby conferring upon participating law enforcement
agencies jurisdiction for its officers for all activities related to the RNC.
Florida Statutes Chapter 23 further provides authority for law enforcement
agencies to enter into written mutual aid agreements, including operational
assistance agreements pursuant to Florida Statute 23.1225(1)(b), for assistance
in the management of an emergency as defined in Florida Statute 252.34.
Clearwater Police Chief Anthony Holloway said staff has been informed that all
unfunded reimbursement requests will be reviewed after the Republican National
Convention.
Council 2012-07-19 17
Councilmember Bill Jonson moved approve the Mutual Aid Agreement with the City of
Tampa for the Republican National Convention (RNC), which will be effective during the
week commencing on August 26, 2012 and authorize the appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
10.4 Move Section 28.041, Clearwater Code of Ordinances, to Chapter 21 of the
Code to make solicitations on publicly owned streets, parking garages, and
parking lots punishable by imprisonment, fine, or both and pass Ordinance 8345-
12 on first reading.
The orderly flow of motorized traffic is a major concern in congested urban areas,
particularly because an obstruction or delay in traffic at one point along a traffic
artery results in delays and backups far down the roadway.
Roadway solicitations can adversely affect the orderly flow of traffic. Additionally,
unlike the oral advocacy of ideas, or even the distribution of free literature,
successful solicitations from drivers distracts them from their primary duty to
watch the traffic and potential hazards in the road, observe all traffic control
signals or warnings, and prepare to move through the intersection, parking
garage, or parking lot because the individual is required to respond to the
solicitor by, for example, searching for currency, passing it along to the solicitor,
securing any change returned, replacing a wallet or closing a purse, and then
returning proper attention to the full responsibilities of operating a motor vehicle.
Currently, Section 28.041, Clearwater Code of Ordinances, prohibits a person
from soliciting the occupants of motor vehicles being operated on public streets
and the travel lane of publicly owned parking garages and parking lots. A
violation is punishable only by a fine and is, therefore, nonarrestable.
Because Clearwater police officers frequently observe the same individuals
repeatedly soliciting after having been issued a civil citation for unlawful soliciting,
officers need a greater deterrent. By moving Section 28.041, Clearwater Code of
Ordinances, to Chapter 21 of the Code, the City Council will include unlawful
street solicitations among those violations punishable by up to 60 days
imprisonment and thus provide Clearwater police officers with the discretion to
arrest those engaged in unlawful street solicitations.
An additional change to the existing ordinance is to limit street solicitations to the
types of solicitations that have the greatest potential for injuries: that is,
solicitations from the occupants of motor vehicles being operated in the travel
lane of publicly owned streets while the motor vehicle is stopped at a traffic
control signal or at an intersection.
Council 2012-07-19 18
There are numerous and diverse methods of soliciting available in the City of
Clearwater that provide ample alternatives for street solicitations, including
soliciting pedestrians on the sidewalk, canvassing door-to-door, telephoning or
emailing individuals, or direct mailing.
Moreover, the ordinance would still enable a person to solicit up to ten
cumulative days within one calendar year so long as the solicitor complies with
the conditions set forth in the ordinance.
Councilmember Doreen Hock-DiPolito moved to move Section 28.041, Clearwater
Code of Ordinances, to Chapter 21 of the Code to make solicitations on publicly owned
streets, parking garages, and parking lots punishable by imprisonment, fine, or both.
The motion was duly seconded and carried unanimously.
Ordinance 8345-12 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8345-12 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.
10.5 Create Section 21.20, Clearwater Code of Ordinances, prohibiting sitting or lying
down on certain public areas in the Downtown area, Gateway Corridor and
Clearwater Beach Tourist District and pass Ordinance 8347-12 on first reading.
The improvement of the downtown, the East Gateway District, and Clearwater
Beach has been a high priority in the City's plan to expand the economic base of
the City by attracting new investment and patrons to the area. The downtown is
projected to attract additional tourists and visitors as redevelopment continues.
The East Gateway District is one of the designated redevelopment areas of the
City and is at a transformative point to change the trajectory of the economy and
improve the quality of life for current and future residents and businesses.
Clearwater Beach has an economic impact of over $1 billion and is projected to
increase its impact as redevelopment on the beach continues to occur. The City
of Clearwater also spends annually around $602,000 on special events, with
$453,000 allocated to downtown events (including funding from the Downtown
Council 2012-07-19 19
Development Board), $5,000 allocated to the East Gateway District, and
$144,000 allocated to Beach events. The right-of-way, including the sidewalk,
located between the edge of the pavement of a roadway and the adjacent
property line of privately and publicly owned properties located in the Clearwater
Downtown Core Redevelopment Zone, the Gateway Corridor, the Clearwater
Beach Core Tourist Zone, as well as the publicly owned piers, docks, and
boardwalks, including public-access boardwalks, and the entryways to and
exitways from publicly owned buildings located within those areas, are created
and maintained for the primary purposes of enabling the public to safely and
efficiently move about from place to place, thus facilitating deliveries of goods
and services and providing the public with convenient access to goods and
services. Moreover, those areas are prone to congestion and should be kept
available to serve their primary purposes. Evidence from other cities such as
Phoenix, Arizona in Seeley v. State of Arizona, 655 P. 2d 803, 807 (Ariz. Ct. App.
1982), and Seattle, Washington, in Roulette v. City of Seattle, 97 F. 3d 300, 306
(9th Cir. 1996) and City of Seattle v. McConahy, 937 P. 2d 1133, 1138-39 (9th
Cir. 1997), shows that sitting or lying upon the public right-of-ways threatens
public safety and interferes with the primary purpose of enabling the public to
safely and efficiently move about from place to place, thus deterring members of
the public from frequenting a business district and undermining the essential
economic viability of those areas - all of which can lead to a spiral of deterioration
and blight.
The ordinance will make it unlawful between 7:00 a.m. and 10:00 p.m. for
individuals to sit or lie down upon the right-of-way, including the sidewalk, located
between the edge of the pavement of a roadway and the adjacent property line of
privately and publicly owned properties located in the Clearwater Downtown Core
Redevelopment Zone, the Gateway Corridor, the Clearwater Beach Core Tourist
Zone, as well as the publicly owned piers, docks, and boardwalks, including
public-access boardwalks, and the entryways to and exitways from publicly
owned buildings located within those areas. However, the ordinance would not
apply to those:
• Sitting or lying down in a park or public beach as defined in Section 22.21;
• Sitting or lying down due to a medical emergency;
• Utilizing an object supplied by the City or other public agency in the manner it
was intended, such as sitting on a chair or bench;
• Sitting or lying down in or on a wheelchair, a baby carriage, or any other
object or vehicle in order to move about;
• Participating in or viewing any activity, such as a parade, festival,
performance, rally, demonstration, meeting, or other event, pursuant to any
permit or license issued by the City;
• Sitting down while patronizing a sidewalk cafes; or
Council 2012-07-19 20
• Sitting or lying down when it is an integral part of a protest accompanied by
incidents of speech such as signs or literature explaining the protest.
Additionally, no person will be charged for the first violation unless the person
continues to engage in conduct prohibited by the ordinance after having been:
Notified by a law enforcement officer that the conduct violates the ordinance; and
provided an opportunity to relocate to an area where sitting or lying down would
be lawful.
Assistant City Attorney Rob Surette said page 11 of the proposed ordinance was
amended as follows,"... (7) It shall be a violation of this section for any person who has
Previously violated this section and has received notification pursuant to subsection (6)
of this section to commit a second or subsequent violation within the same area listed in
subsection (1) of this section as the first violation."
In response to a question, Mr. Surette said officers will be instructed to connect these
individuals with social services, such as Safe Harbor, Religious Community Services,
and Homeless Emergency Project, in lieu of arrest.
One individual spoke in support and three individuals spoke in opposition. One
individual expressed a concern regarding homelessness in other city areas.
Vice Mayor Paul Gibson moved to Create Section 21.20, Clearwater Code of
Ordinances, prohibiting sitting or lying down on certain public areas in the Downtown
area, Gateway Corridor and Clearwater Beach Tourist District. The motion was duly
seconded and carried unanimously.
Ordinance 8347-12 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8347-12 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.
10.6 Create Section 21.21, Clearwater Code of Ordinances, relating to lodging out-of-
doors and pass Ordinance 8348-12 on first reading.
Council 2012-07-19 21
Individuals who are lodging out-of-doors on publicly owned property for the
purpose of establishing a temporary or permanent place of lodging or residence
adversely affects aesthetics, sanitation, public health, and safety. Moreover, the
unauthorized use of publicly owned property for lodging out-of-doors when the
property in question is neither intended nor designed as a camp site,
campground, or site for temporary human habitation tends to impair, obstruct,
and otherwise detract from the use of the property for its intended purpose.
The ordinance will make it unlawful for a person to use publicly owned property in
the City for the purpose of lodging out-of-doors except within those areas that are
approved by the City's Parks and Recreation Department.
However, if a Clearwater police officer encounters a person who is lodging out-
of-doors because the person has no permanent or temporary place of residence,
officers are required during the first two encounters with the same person to
make every effort to afford the person an opportunity to relocate to a public or
private shelter before citing the person for a violation of the ordinance.
Regardless, if public or private shelter space is unavailable within Pinellas
County at the moment an officer encounters a person lodging out-of-doors, the
person will not be cited under the ordinance.
Moreover, officers are also required to ensure that any private property of a
person who is relocated to a shelter will be transported along with the person or
will be stored by the police department for up to 60 days.
One individual spoke in opposition and expressed a concern that early morning bus
routes from Safe Harbor to Gulf to Bay Boulevard are not available, which are needed
for those who seek day labor work.
Staff was directed to contact day labor resources regarding transportation services from
Safe Harbor.
Councilmember Doreen Hock-DiPolito moved to create Section 21.21, Clearwater Code
of Ordinances, relating to lodging out-of-doors. The motion was duly seconded and
carried unanimously.
Ordinance 8348-12 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8348-12 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.
Council 2012-07-19 22
"Nays": None.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 RNC Banners
Mayor George N. Cretekos requested consideration to authorize the City Manager to
proceed with discussions regarding the Republican National Convention (RNC) Banners
request with the Host Committee representatives.
Councilmember poreen Hock-DiPolito moved to authorize the City Manager to proceed
with discussions regarding the Republican National Convention (RNC) Banners request
with the Host Committee representatives. The motion was duly seconded and carried
unanimously.
12. Closina Comments bv Mavor
Mayor George N. Cretekos reviewed recent and upcoming events and congratulated
the City Attorney for receiving the Florida Bar Association's Top City Attorney
recognition.
13. Adiourn
The meeting was adjourned at 9:34 p.m.
Attest
— ����c n c��.�t�af
Mayor
City of Clearwater
Council 2012-07-19 23