02/07/2013 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
February 7, 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 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 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 - Mayor George N. Cretekos
3. Pledge of Allegiance -Vice Mayor Paul Gibson
4. Presentations - Given.
4.1 Business, Neighborhood, and Homes Awards Program
The Neighborhood of the Quarter Award was presented to Imperial Park. The Home of
the Quarter Awards was presented to Mark Johnson and Carolyn McGinnis, 1448
Ambassador Drive; Margret O'Neill and David Sietsma, 1146 Drew Street. The winter
2013 Business Beautification Recognition Award was presented to Felice's Pork Italian
Deli, 29236 U.S. Highway 19 North.
4.2 Poppy Days Proclamation, February 1-2, 2013 - Gigi Janesik - American Legion
Ms. Janesik thanked the City for its continued support and presented the Mayor with a
plaque.
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4.3 Annual Coast Guardsmen Award - Joe Daigneault
Mayor George N. Cretekos recognized Petty Officer First Class Luther D. Hammett for
receiving the Air Station Clearwater 2012 Enlisted Person of the Year; Chief Petty
Officer Samuel W. Pullman for receiving Air Station Clearwater 2012 Chief Petty Officer
of the Year; Lieutenant Thomas J. Huntley for the Air Station Clearwater 2012 Officer of
the Year; and Work-Life/MWR, represented by Lieutenant John Lee and Lieutenant
Junior Grade Andrew Jarolimek, for receiving the Air Station Clearwater 2012
Department of the Year.
5. Approval of Minutes
5.1 Approve the minutes of the January 17, 2013 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the January 17, 2013 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 — None.
Public Hearings - Not before 6:00 PM
Miscellaneous Reports and Items
7. Administrative Public Hearings
7.1 Amend the City of Clearwater Code of Ordinances, Sections 32.211 through
32.225 and Appendix A, Article XXV, SectionT to provide updates to reflect
changes made in the Florida Administrative Code ; adding clarifying and
protective language; moving fees to Appendix A for Hauled Liquid Waste, and
pass Ordinance 8322-13 on first reading.
The intent of this ordinance amendment is to provide the Industrial Pretreatment
Program to protect public health and maintain and improve program effectiveness,
including changes designed to maintain consistency with the National Pollutant
Discharge Elimination System (NPDES). Achieving this objective will reduce the
burden of technical and administrative requirements that the EPA has determined
to provide minimal environmental benefit but consume significant resources.
Modification of fees will allow the City to begin accepting fats, oil and grease
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(FOG) to feed the new cogeneration facility currently under construction at the
Northeast Water Reclamation Facility.
In response to changes of the U.S. Environmental Protection Agency's (EPA)
40CFR403 Streamlining and Florida Department of Environmental Protection's
(FDEP) 62-625 FAC, the City's Industrial Pretreatment Program proposes to
modify the code to incorporate many of the changes. The CFR and FAC have
both mandatory and optional changes. All applicable mandatory changes and the
supporting acronyms, definitions, standards, methods and procedures have been
incorporated within the ordinance. These are:
• Slug Control required in Control Mechanism/permits
• Significant Industrial Users (SIUs) must be evaluated for the need for a
slug control plan or other action to control slug discharges within 1 year
• SIUs are required to notify the control Authority immediately of any
changes at its facility affecting the potential for a slug discharge
• Significant Non Compliance (SNC) definition expanded
• SIUs reports must include Best Management Practices (BMPs) compliance
information.
• SIU Control Mechanism/permits must contain BMPs required by a
pretreatment standard, local limit, state or local law. Furthermore, the
Control Authority must have the legal authority and procedures to
implement and enforce this requirement.
• Control Authority and SIU must maintain documentation of compliance with
BMP requirements the same way that other records are maintained
• Repeat sampling requirements for Control Authorities that perform
sampling for SIUs
• Sample requirements for SIUs
• Required reporting to both wastewater facilities as well as Control Authority
if not the same; this will pertain to Safety Harbor and will be included in
their revised Ordinance and the Interlocal Agreement
• Requirements for signatures to SIU and wastewater facilities reports by a
Duly Authorized Representative
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Optional changes include the conditions and requirements to allow for conversion
to mass limits from concentration to allow for water conservation; conversion of
mass limit to concentration for certain industrial categories. Provides wastewater
facilities with the authority to grant monitoring waiver to Industrial Users for relief
from monitoring pollutants not present; creation of two new classes of Categorical
Industrial Users: Non-significant Categorical Industrial Users and Middle Tier
Categorical Industrial User. The changes define specific characteristics to qualify
for the new classes; this allows for reduced monitoring and reporting for those
industries that are qualified and permitted as such. The optional changes include
language and legal authority to clarify the use of Best Management Practices
(BMPs) as an alternative to numeric limits. Changes also include requirements
and procedures to institute General Permits that may be developed to regulate
multiple industrial dischargers that share common characteristics.
Councilmember Jay Polglaze moved to amend the City of Clearwater Code of
Ordinances, Sections 32.211 through 32.225 and Appendix A, Article XXV, Section 7, to
provide updates to reflect changes made in the Florida Administrative Code; adding
clarifying and protective language; moving fees to Appendix A for Hauled Liquid Waste.
The motion was duly seconded and carried unanimously.
Ordinance 8322-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8322-13 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 request from the owner of property described as Lots 4 and 5,
Renaissance Oaks First Addition to vacate the easternmost 10 feet, more or
less, of an Ingress/Egress Easement; and pass Ordinance 8375-13 on first
reading. (VAC2012-06)
A platted Ingress/Egress Easement is entirely located within Lot 5 of the Plat titled
Renaissance Oaks First Addition. The easement was requested during the City's
review of the plat because the lot is located on a dead end street. The easement
area provides for large service vehicles (fire trucks, solid waste trucks, etc.) to turn
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around. This encumbrance on Lot 5 has affected the property's marketability.
The property owner/developer is requesting the easement area to be shifted to
the west encumbering a portion of lot 4 with a reduced area encumbering lot 5. To
accomplish this, the developer/property owner is requesting the vacation of the
east 10 ft. of the easement and will grant a 10 ft. wide easement immediately to
the west of the platted easement. The Engineering Department has completed
an interdepartmental review of the proposed vacation. Staff has no objection to
the request.
Councilmember Bill Jonson moved to approve the request from the owner of property
described as Lots 4 and 5, Renaissance Oaks First Addition to vacate the easternmost
10 feet, more or less, of an Ingress/Egress Easement. The motion was duly seconded
and carried unanimously.
Ordinance 8375-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass Ordinance 8375-13 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 Continue to February 21, 2013 the first reading of Ordinance 8371-13 to approve
amendments to the Community Development Code addressing encroachments
into setbacks and rights-of-way, the Comprehensive Sign Program,
nonconforming lots and plans review fees; approve an amendment to the
Clearwater Code of Ordinances addressing board attendance.
The Clearwater Business Task Force (BTF) was established on April 7, 2011 by
the City Council to provide feedback on the current rules and regulations affecting
businesses and business development. The BTF submitted its final report to City
Council on August 29, 2011. The report consisted of 71 recommendations to
change public perceptions about being business friendly, streamline development
application processes and enable greater signage flexibility. City staff reviewed
each of the recommendations and presented to City Council ideas as to how
some of them may be adopted as well as a prospective timeframe for these
adoptions to occur.
At the direction of the City Council, staff has previously prepared two text
amendments to the Community Development Code (CDC) addressing some of
the recommendations of the BTF as well as a few amendments proposed by staff.
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These changes were reviewed by the Community Development Board (CDB) at
its meetings of December 20, 2011 and July 17, 2012, and the Board
recommended the approval of each ordinance. The City Council has subsequently
passed and adopted each of the ordinances at its meetings of February 2, 2012
and September 6, 2012.
Staff is now proposing a third text amendment to address one further
recommendation of the BTF, as well as additional items proposed by staff. Below
is a summary of the substantive amendments included in the ordinance.
Expands upon the allowance of building projections into setbacks and rights-of-
way where the projections is affixed solely to the building and not directly affixed
to the ground to include balcony projections, but only when in the Downtown (D)
District and only when the associated use is an Indoor Recreation/Entertainment
facility with a minimum of 650 seats;
Replaces an incorrect reference within the recently adopted sign code with the
correct calculation method for freestanding signs, which is what was intended to
be referenced;
Makes clear that building permits will not be issued for unlawfully created lots;
Makes clear that nonconforming lots cannot be subdivided and conforming lots
cannot be subdivided in such a manner that renders them, or any structures
thereon, nonconforming;
Allows those projects using a private plan review provider for the review of the
Building, Plumbing, Mechanical and Electric trades may have their plans review
fee reduced by a maximum of 25% (recommendation of the Business Task
Force); and
Modifies the Code of Ordinances to provide an exception to the excessive
absences definition for those absences due to military related commitments.
Councilmember Doreen Hock-DiPolito moved to continue Item 7.3 to February 21,
2013. The motion was duly seconded and carried unanimously.
7.4 Continue to March 6, 2013 the second reading of Ordinance 8371-13 to approve
amendments to the Community Development Code addressing encroachments
into setbacks and rights-of-way, the Comprehensive Sign Program,
nonconforming lots and plans review fees; approve an amendment to the
Clearwater Code of Ordinances addressing board attendance.
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Councilmember Bill Jonson moved to continue Item 7.4 to March 6, 2013. The motion
was duly seconded and carried unanimously.
8. Consent Agenda - Approved as submitted.
8.1 Approve an Agreement between the City of Clearwater and Star-Tec
Enterprises. Inc., a Florida nonprofit corporation doing business as the Tampa
Bay Innovation Center (TBIC), to provide business incubation and business
acceleration services (Virtual Incubator Program), and authorize the appropriate
officials to execute same. (consent)
8.2 Approve an Interlocal Agreement between the City of Clearwater (City) and the
Community Redevelopment Agency of the City of Clearwater (CRA) that outlines
responsibilities for funding a Virtual Incubator Program, which fosters early- and
mid-stage IT/Software company growth in the Technology District of the CRA,
and authorize the appropriate officials to execute same. (consent)
8.3 Approve a contract (Blanket Purchase Order) to Office Depot. Inc., in the amount
of$220.000.00, for the period February 1. 2013 through January 31. 2014, in
accordance with Sec. 2.564 (1)(d) Code of Ordinances - Other Governmental
Bid, and authorize the appropriate officials to execute same. (consent)
8.4 Approve a Contract (Purchase Order) with Heath Consultants. Inc. in the amount
of$300.000 to provide natural gas line locating services, and authorize the
appropriate officials to execute same. (consent)
8.5 Approve the formation of a City Defined Contribution Plan Investment
Committee, approve the designated members of the Committee, and authorize
the Committee to adopt such administrative documents as are necessary and
execute all administrative functions pertaining to same. (consent)
8.6 Award a Contract (Purchase Order) for$219.853.30 to Nortrax of Lutz. Florida
for one John Deere 250GLC Excavator, in accordance with Sec. 2.564(1)(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)
8.7 Approve a contract (Purchase Order) for $438.545.00 to Rush Truck Center of
Tampa. Florida for two Peterbilt Model 365 Chassis with Palfinger ARL - 60 roll-
off system, 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
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8.8 Ratify and confirm the City Manager's approval of a Purchase Order to
RingPower of Tampa. FL in the amount of$71.225.00 for one Caterpillar Model
C9 30OKW Emergency Generator, approve the transfer of$79.225.00 from
Garage Fund Reserves to Motorized Equipment - Cash capital project 315-
94233 at first quarter for the purchase and installation costs, and authorize the
appropriate officials to execute same. (consent)
8.9 Renew Construction Manager at Risk (CMR) Contracts with Biltmore
Construction Company. Inc. and Peter R. Brown Construction. Inc. for a period
of two years commencing March 1. 2013 and authorize the appropriate officials
to execute same. (consent)
8.10 Reappoint Brian A. Barker and appoint Donald van Weezel to the Community
Development Board with terms to expire February 28. 2017, and appoint Alex
Plisko as the Alternate member for unexpired term through April 30. 2014.
consent
8.11 Reappoint Barbara Blakely, Barbara Ann Murphey, and Rosalie G. Murray: and
appoint Elizabeth W. Folk to the Library Board with terms to expire February 28.
2017. (consent)
Councilmember Doreen Hock-DiPolito move to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
City Manager Reports
9. City Manager Verbal Reports
9.1 City Manager Verbal Reports - None.
10. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events and congratulated
Jerry and Melody Figurski, 2013 Mr. and Mrs. Clearwater.
11. Adjourn
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The meeting was adjourned at 6:39 p.m.
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