Loading...
01/17/2013 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER January 17, 2013 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. iohn R. Thompson from Countryside Christian Center 3. Pledge of Allegiance — Councilmember Jay Polglaze 4. Presentations — Given. 4.1 Service Awards The 2013 January/February Bimonthly Team Award was presented to the Answer Line Team: Heather Husted, Renee Hochberg, Christa Smith, Mary Francis Kirkpatrick, and Daise Castillo. 4.2 Feeding America Tampa Bay - Thomas Mantz, CEO Thomas Mantz said last year Feeding America Tampa Bay collected and distributed 1 million pounds of food into Clearwater. There are 156,000 residents in Pinellas County who go hungry every day; 20,000 in Clearwater. 4.3 Human Trafficking Awareness Month Proclamation, January 2013 — Police Chief Anthony Holloway Council 2013-01-17 1 4.4 Flag Dedication Mayor George N. Cretekos thanked Jeffrey A. Garber, WG-10/TSgt. USAFR, for his service to our country and for dedicating a flag to the City that flew on a combat mission over Afghanistan and was raised at Memorial Plaza. The flag and certificates will be displayed at City Hall. 5. Approval of Minutes 5.1 Approve the minutes of the December 20, 2012 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the December 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 Willie Faison and Hank Epstein expressed concerns with drainage of Byram Creek and requested the City address the erosion issue. Wendy Hutkin, Jerry Vazquez and Anne Garris expressed concerns with recent sand dune destruction in the 700 block of Eldorado Avenue and lack of follow-up from city and state officials. In response to questions regarding past instances, Environmental Manager Ed Chesney said the Florida Department of Environmental Protection (DEP) closed the first violation that went beyond the scope of the issued permit. The second instance involved the removal of sea oats and DEP closed the case after approving a mitigation plan. Mr. Chesney said staff verified on Monday that the homeowner of 780 Eldorado Avenue was not issued a permit and supplied pictures and videos documenting the incident to DEP. A criminal investigator interviewed the homeowner and contractor and concluded there was sufficient evidence to pursue a case. It was stated that residents should call the Clearwater Police Department (CPD) regarding sand dune destruction. CPD will confirm with DEP if a permit has been issued and report potential violations to DEP. In response to a question, Clearwater Police Lieutenant David Dalton said DEP is responsible for issuing the permits and levying any fines, up to $10,000 for each occurrence. Council 2013-01-17 2 The City Attorney was directed to research ability to prohibit non-permitted vehicles, including bobcats and construction type vehicles, from traversing the public access on the beach. Public Hearings - Not before 6:00 PM City Manager Reports 7. Consent Agenda — Approved as submitted, less Item 7.4. 7.1 Declare list of vehicles and equipment surplus to the needs of the City: authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa. Florida, and authorize the appropriate officials to execute same. consent 7.2 Approve the second renewal of a Purchase Order, in the amount of$939.050. with Florida Gas and Electric Corporation for the Installation of Gas Mains and Service Lines for the period February 1. 2013 to January 31. 2014 and authorize the appropriate officials to execute same. (consent) 7.3 Approve an increase of$1.298.132 in the Clearwater Gas System Fiscal Year 2012/2013 Dividend to the City General Fund and allocate $250.000 of this back to the Clearwater Gas System to speed the payoff of the Clearwater Natural Gas Vehicle Fueling Station. (consent) 7.4 Authorize the initiation of an eviction action in Pinellas County Court against the holdover tenants, who are heirs of the deceased leasees George H. and Dara L. Greene, whom operated the business known as Marina Gifts and Souvenirs at the Marina Building. (consent) See below. 7.5 Approve a recommendation by the Public Art and Design Board for the commission of a public art sculpture. Middens, to be installed at the Clearwater Harbor Marina, located at 215 Drew Street, as designed by artist Cliff Garten of Cliff Garten Studio, for a total cost of$215.000 (including 7.5% contingency) and transfer $86.561 of this amount from the Public Art Fund (CIP 0325-93608) to the project fund (CIP 0325-93405). (consent) Council 2013-01-17 3 7.6 Award the following purchase orders to complete Phase 11 construction of the Buccaneers Field at the Walter C. Campbell Sr. Park: Scotty's Land Development , $14.778.06 (PO ST108387): Keystone Excavators. $49.467 (PO ST108394), Smith Fence Company. $41.995.00 (PO ST108386), Himes Electric. $77.605.00 (PO ST108403): authorize the City Manager or his designee to sign the standard AIA Documents Al 01 2007 between the City and Clearwater for Youth (CFY) and each vendor as a requirement of the Local Initiatives Support Corporation (LISC) grant: increase CIP 315-93629 by $100.000 at first quarter, to be reimbursed by CFY according to a Project Agreement between the City and CFY: and authorize the appropriate officials to execute same. (consent) 7.7 Approve an amendment allowing for a time extension to the existing grant agreement between the City of Clearwater and the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for the construction of trails at the Lake Chautauqua Nature and Equestrian Preserve and authorize the appropriate officials to execute same. (consent) 7.8 Approve the Second Amendment between the Martin Luther King Jr. Neighborhood Family Center. Inc. (MLKNFC) and the City of Clearwater for the recreational, educational and social programming at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library and authorize the appropriate officials to execute same. (consent) 7.9 Approve a blanket purchase order to Mid-Pinellas Umpire Assoc. for $200.000 to provide umpiring and scorekeeper services for recreation leagues and tournaments held in Clearwater through December 31. 2013 according to Bid 05- 12. (consent) 7.10 Approve a revised Standard Agreement Form to be used with the various Youth Co-Sponsor Groups and the City of Clearwater and authorize the City Manager and/or his designee to approve such agreements. (consent) 7.11 Ratify and confirm the City Managers approval of a Purchase Order for Construction Manager at Risk Creative Contractors. Inc. of Clearwater. Florida. in the amount of$242.682.59 for the modification of two parking lots, which includes all labor and material cost to complete the modification, and authorize the appropriate officials to execute same. (consent) Council 2013-01-17 4 7.12 Approve the renewal of the Tampa Bay Regional Domestic Security Task Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding, allowing voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and operational assistance by and among participating law enforcement agencies within the State of Florida to promote domestic security, and authorize the appropriate officials to execute same. (consent) 7.13 Approve an Option of Renewal Agreement to continue the Interlocal Agreement for Information Sharing that will permit the Clearwater Police Department and other participating law enforcement agencies within Pinellas County to share information and provide effective crime analysis and crime prevention information for Pinellas County residents for an additional five-year period, and authorize the appropriate officials to execute same. (consent) 7.14 Approve the Pinellas County Combined Voluntary Cooperation Agreement and Operational Assistance Agreement for law enforcement services for the period February 1. 2013 through January 31. 2017 and authorize the appropriate officials to execute same. (consent) 7.15 Award a Contract (Purchase Order) for$238.839.00 to Atlantic Truck Center of Pompano Beach. FL for one M2 Freightliner Chassis with Wayne Gladiator Sweeper, in accordance with Sec. 2.5640)(d). Code of Ordinances - Other Governmental bid: authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. consent 7.16 Approve Amendment number 1 to the signal maintenance and reimbursement agreement between the City of Clearwater and the Florida Department of Transportation and authorize the appropriate officials to execute same. (consent) 7.17 Approve Change Order 1 to Adkins Contracting. Inc. of Ruskin. Florida for the 2011 Underdrain Contract (10-0016-EN) for $253.010.89 for a new contract total of$791.023.73, a time extension of 200 calendar days to allow for completion of additional work, and authorize the appropriate officials to execute same. consent Council 2013-01-17 5 7.18 Approve the First Amendment to Drainage Easement Agreement between the City and Crum Properties II. LLC for the relocation of a drainage area to accommodate construction of Fire Station 45, and authorize the appropriate officials to execute same. (consent) 7.19 Appoint Ric Ortega to the Parks and Recreation Board with term to expire January 31, 2017. Vice Mayor Paul Gibson moved to approve the Consent Agenda as submitted, less Item 7.4, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.4 Authorize the initiation of an eviction action in Pinellas County Court against the holdover tenants, who are heirs of the deceased leasees George H. and Dara L. Greene, whom operated the business known as Marina Gifts and Souvenirs at the Marina Building. (consent) George and Dara Greene had a three-year lease to operate the gift shop at the beach marina ending September 30, 2014. Mr. Greene's death preceded Mrs. Greene's, and she passed away on July 11, 2012. Her daughter, Bobbie Zaytoun, was designated representative of the Greene estate. Every agreement for this leasehold with the Greenes was entered into as "George H. Greene and Dara L. Greene, d/b/a Marina Gifts and Souvenirs, a Florida Corporation." Marina Gifts and Souvenirs is a fictitious name, not a corporation. The City considers this lease terminated on the passing date of Mrs. Greene. Ms. Zaytoun requested additional time to wind down the Marina Gifts and Souvenirs inventory, so a Conditional Assignment of Lease of the Greene lease was sent to her along with an Amendment of Lease, which would have provided Ms. Zaytoun, as the representative of the Greene estate, until December 31, 2012 to liquidate the Marina Gifts and Souvenirs assets. Ms. Zaytoun, however, never returned any of the documents. The Greene estate is considered a holdover tenant, and the City's Legal Department met, on December 6, 2012, with an attorney representing Ms. Zaytoun to discuss legal positions regarding the Greene Lease and options to allow the City to take back the leasehold and the estate to liquidate assets. The City has not heard back from either the attorney or the Greene estate. At this time, Council 2013-01-17 6 staff seeks council consent to proceed with eviction action in court and authorization for the litigation. Marine and Aviation Director Bill Morris said staff was contacted by attorneys representing the estate after Monday's work session. The City Attorney suggested that Council approve the agenda item in the event staff is unsuccessful with negotiations regarding a proposed timeframe for the tenant to vacate. Staff will be meeting with the attorneys to continue discussions. In response to a question, Mr. Morris said the Marina does not have any available property for the tenant to use in the interim. One individual suggested that the City assist the tenant in seeking another location on city property. Vice Mayor Paul Gibson moved to authorize the initiation of an eviction action in Pinellas County Court against the holdover tenants, who are heirs of the deceased leasees George H. and Dara L. Greene, whom operated the business known as Marina Gifts and Souvenirs at the Marina Building. The motion was duly seconded and carried unanimously. 8. Other Items on City Manager Reports 8.1 Approve an agreement with Alcalde and Fay to provide lobbying services at the federal level from January 1, 2013 through December 31, 2018 at a cost of $4,000 per month, plus expenses estimated not to exceed $3,200 per year, and authorize the appropriate officials to execute same. Lobbying services are needed to assist the City in pursuing funding and favorable legislation at the federal level. Request for Proposal 06-13 (RFP) was released to select a provider of these services. Responses were received from Alcalde and Fay, BGR Government Affairs, CRD Associates, The Normandy Group, Three Bridges Advisors, and Van Scoyoc Associates. The evaluation committee, consisting of the Assistant City Manager, City Attorney, City Clerk and the Finance Director, reviewed the written proposals on December 3, 2012. Selection criteria were: Overall Quality of work plan, Experience, Qualifications of Team, and Cost of Services. Presentations were provided by Alcalde and Fay, Van Scoyoc Associates, and The Normandy Group. Council 2013-01-17 7 The committee rated Alcalde and Fay to be the most responsive to criteria established in the RFP. Alcalde and Fay has been the City's federal lobbyist since 1998 and the City has been satisfied with their services. Alcalde and Fay proposed a decreased rate from the previous contract, which was a $5,500 monthly-retainer plus travel expenses not to exceed $1,000 annually. Annual costs for this contract will be included in the Official Records and Legislative Services operating budget under appropriation code 010-09700- 530100-513-000. The agreement may be cancelled at any time by either party with 30 days advance notice. Mayor George N. Cretekos thanked Alcalde and Fay for their services and the reduced proposed rate. He expressed a concern with obtaining representation from a firm with many Florida municipal clients; a lobbying firm with closer ties to Pinellas County and a broader range of clients would benefit Clearwater. Mayor George N. Cretekos stated that he has a personal relationship with one of the principals of Van Scoyoc Associates; he declared a conflict and excused himself from the discussion. Mayor George N. Cretekos departed Chambers at 7:09 p.m. Discussion ensued with comments made that Van Scoyoc Associates, although more expensive than Alcalde and Fay, provides a broader range of clients and stronger ties to Pinellas County. It was stated the contract period would be through December 31, 2017. Councilmember Bill Jonson moved to approve an agreement with Van Scoyoc Associates to provide lobbying services at the federal level from January 22, 2013 through December 31, 2017 at a cost of$7,500 per month, plus expenses estimated not to exceed $5,000 per year, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. In response to a suggestion, the City Clerk recommended Council receive an evaluation of Van Scoyoc Associates' services at the end of the first two years. There was consensus for staff to provide an evaluation at the end of the two years. Mayor George N. Cretekos returned to Chambers at 7:36 p.m. Miscellaneous Reports and Items 9. Other Council Action 9.1 Island Estates Civic Association - Councilmember Gibson Council 2013-01-17 8 Parks and Recreation Director Kevin Dunbar said the Island Estates Civic Association (IECA) has requested city assistance with the landscaping on the Island Way medians. The request includes elevating the level of plantings for medians 2, 3, and 4. The IECA would take over the maintenance of the improved medians, providing a $1,500-annual savings to the City. Mr. Dunbar said the estimated improvement costs are $14,000. In response to questions, Mr. Dunbar said the medians are located in a commercial- residential area. IECA will continue the maintenance of the improved medians through an Adopt a Park permit. The City would be responsible for irrigating the medians. In response to questions, IECA President Mary Lau said IECA would continue the maintenance of the improved medians in accord with the Adopt a Park permit. The intent of the improvements is to extend the look of the Memorial Causeway into the area where Clearwater Marine Aquarium traffic flows. Three individuals spoke in support. Councilmember Jay Polglaze moved to approve IECA's proposal for Island Way Median Landscaping improvements, in an amount not to exceed $14,000 from General Fund Reserves. The motion was duly seconded and carried unanimously. 10. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 11. Adjourn The meeting was adjourned at 8:17 p.m. Ce0 l\..tfk ICV Mayor Attest -�������� ity of Clearwater VW of ry� ��,� 1" City Clerk �► "'`/ irots A Council 2013-01-17 9 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST rME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE MAILING ADDRES ° THE RD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON /3O 6u/71°) 3hd � ?12'?) Y ne l lam WHICH SERVE A OF. CITY COUNTY El COUNTY DOTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: ""3-0.V1l kayi--t t i a(C1) ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. �'�^ DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gv■F\c. N. ell-e.v s , hereby disclose that on 0-G-"u1/4C3-v-Li ,20 : (a)A mea ure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, • inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: —TT' I fp PvOVe. ClAn C n"1E1'l t-- W i cia, c%4-,c0 �pvc v1are- 0 -i1 Se \l(c-QS • geof,eri crelekos Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2