08/01/2013 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August 1 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 —Associate Pastor LaVerne Kirkpatrick
3. Pledge of Allegiance - led by Councilmember Bill Jonson
4. Presentations - Given.
4.1 Service Awards
Bi-Monthly Team Award for July/August 2013: Officers Richard Long and Ryan
McMullen
4.2 Florida Water Professionals Week Proclamation, August 12-16, 2013 - Carl
Allison, Water Distribution Operations Trainer and Fred Hemerick, Water
Treatment Plant Chief Operator
4.3 U.S.C.G. Appreciation Month Proclamation, August 2013
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4.4 Southeast Desalting Association Awards
The 2013 Outstanding Membrane Water Treatment Plant Award was presented to
City of Clearwater's WTP RO1. The 2013 Outstanding Membrane Water Plant
Operator Award was presented to Fred Hemerick (Water Plant Chief Operator)
and the 2013 Distinguished Service Award was presented to Greg Turman (Public
Utilities Coordinator).
4.5 Update on Homeless Initiative Presentation - City Manager
Economic Development and Housing Assistant Director Denise Sanderson provided a
PowerPoint presentation on the status of the City's homeless initiative. From January
through June 2013, there have been 106 ordinance warnings, 345 trespass warnings,
and 130 ordinance violations citywide. The Street Outreach Team transported, from
May 2012 through May 2013, 148 to Pinellas Harbor, 71 to Pinellas Hope, 14 to
Homeless Emergency Project, and 13 to Daystar. Since the 2007 fiscal year, the City
has contributed $4.5 million to several local homeless and social service programs.
In response to questions, Major Dan Slaughter said the transient arrests are for
ordinance violations; no one is arrested for being a transient. An arrest is a transition to
Safe Harbor, not incarceration.
4.6 Countywide Homeless Initiatives - Sarah Snyder, Homeless Leadership Board
Ms. Snyder provided a PowerPoint presentation on the status of the countywide
homeless initiatives. During the one-night count in January, there were approximately
204 homeless children and 1,094 homeless individuals in Clearwater. Compared to
2011, there are fewer long-term homeless adults and homeless individuals with mental
health issues. Ms. Snyder said there is a need for low-income housing as they are
being depleted for market-rate housing.
In response to questions, Ms. Snyder said that homeless families with children is still an
issue; they fear the children will be taken away if the families seek help. Child services
tries very hard not to separate the family and find appropriate housing services.
5. Approval of Minutes
5.1 Approve the minutes of the June 17, 2013 Special City Council Meeting and the
July 18, 2013 City Council Meeting as submitted in written summation by the City
Clerk.
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Vice Mayor Paul Gibson moved to approve the minutes of the June 17, 2013 Special
City Council meeting and the July 18, 2013 City Council meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and carried unanimoulsy.
6. Citizens to be Heard re Items Not on the Agenda - None.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the request to vacate a portion of a platted utility easement and pass
Ordinance 8437-13 on first reading (VAC2013-04).
Clearwater Marine Aquarium, Inc. recently acquired a parcel of land adjacent to
its property located at 249 Windward Passage. An environmental investigation
revealed soil contamination on the property in an area traversed by a platted utility
easement. City staff and applicable private utility companies have determined that
there is no present or future need for the easement and do not object to the
vacation request. The remaining local infrastructure, including city streets and
easements, is sufficient to meet the area's utility needs.
Councilmember Bill Jonson moved to approve the request to vacate a portion of a
platted utility easement and pass Ordinance 8437-13 on first reading. The motion was
duly seconded and carried unanimously.
Ordinance 8437-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8437-13 on first reading. Upon roll call, the
vote was
'Ayes". Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
8. Second Readings - Public Hearing
8.1 Annex certain real property whose post office address is 2200 and 2251
Montclair Road, together with all of the right of way of Montclair Road, C.R. 584,
lying in the east of the NE of Section 01, Township 29 South, Range 15 East,
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together with all of the right of way of Montclair Road, C.R. 584 and Sunset Point
Road, C.R. 576, lying in the NE of Section 06, Township 29 South, Range 16
East into the corporate limits of the city and redefining the boundary lines of the
city to include said addition and pass Ordinance 8409-13 on second reading.
Ordinance 8409-13 was presented and read by title only.
The City Attorney said Council has been provided a motion to amend the title of the
ordinance.
Councilmember Bill Jonson moved to amend Ordinance 8409-13 to read, "...WHOSE
POST OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER WITH
THE ABUTTING RIGHTS OF WAY LESS NORTH BE CHER ROAD, AND RIGHT OF-
WAY TO THE WEST OF THE MONTCLAIR anon RIGHT OF WAYALL OF THE
RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, LYING IN THE EAST '/2 OF THE
NE '/4 OF SECTION 01, TOWNSHIP 29 SOUTH, RANGE 15 EAST, TOGETHER WITH
ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, AND SUNSET
POINT ROAD, C.R. 576, LYING IN THE NW '/4 OF SECTION 06, TOWNSHIP 29
SOUTH, RANGE 16 EAST..." The motion was duly seconded and carried
unanimously.
Councilmember Jay Polglaze moved to pass Ordinance 8409-13, as amended, on
second 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, Councilmember Jay E.
Polglaze
"Nays": None
8.2 Adopt Ordinance 8420-13 on second reading, annexing certain real property
whose post office address is 2080 Lantana Avenue into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 8420-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8420-13 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, Councilmember Jay E.
Polglaze
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"Nays": None
8.3 Adopt Ordinance 8421-13 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 2080 Lantana Avenue, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8421-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8421-13 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, Councilmember Jay E.
Polglaze
"Nays": None
8.4 Adopt Ordinance 8422-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 2080 Lantana
Avenue, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8422-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8422-13 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, Councilmember Jay E.
Polglaze
"Nays": None
8.5 Continue to September 5, 2013: Adopt Ordinance 8424-13 on second reading,
annexing certain real property whose post office address is 3030 Union Street
into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Councilmember Jay Polglaze moved to continue Item 8.5 to September 5, 2013. The
motion was duly seconded and carried unanimously.
8.6 Continue to September 5, 2013: Adopt Ordinance 8425-13 on second reading,
amending the future land use plan element of the Comprehensive Plan of the
city to designate the land use for certain real property whose post office address
is 3030 Union Street, upon annexation into the City of Clearwater, as Residential
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Suburban (RS) and Water/Drainage Feature.
Vice Mayor Paul Gibson moved to continue Item 8.6 to September 5, 2013. The motion
was duly seconded and carried unanimously.
8.7 Continue to September 5, 2013: Adopt Ordinance 8426-13 on second reading,
amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 3030 Union Street, upon annexation into the City of Clearwater,
as Low Density Residential (LDR).
Councilmember Bill Jonson moved to continue Item 8.7 to September 5, 2013. The
motion was duly seconded and carried unanimously.
8.8 Continue to September 5, 2013: Adopt Ordinance 8427-13 on second reading,
annexing certain real property whose post office address is 3030 Union Street
(smaller parcel) into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
Councilmember Doreen Hock-DiPolito moved to continue Item 8.8 to September 5,
2013. The motion was duly seconded and carried unanimously.
8.9 Continue to September 5, 2013: Adopt Ordinance 8428-13 on second reading,
amending the future land use plan element of the Comprehensive Plan of the
city to designate the land use for certain real property whose post office address
is 3030 Union Street (smaller parcel), upon annexation into the City of
Clearwater, as Residential Suburban (RS).
Councilmember Jay Polglaze moved to continue Item 8.9 to September 5, 2013. The
motion was duly seconded and carried unanimously.
8.10 Continue to September 5, 2013: Adopt Ordinance 8429-13 on second reading,
amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 3030 Union Street (smaller parcel), upon annexation into the
City of Clearwater, as Low Density Residential (LDR).
Vice Mayor Paul Gibson moved to continue Item 8.10 to September 5, 2013. The
motion was duly seconded and carried unanimously.
8.11 Continue to August 14, 2013: Ordinance 8423-13 on second reading, amending
the Community Development Code regarding veterinary clinics, hotel density
reserve developments, and development agreements.
Councilmember Bill Jonson moved to continue Item 8.11 to August 14, 2013. The
motion was duly seconded and carried unanimously.
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City Manager Reports
9. Other Items on City Manager Reports
9.1 Continue to August 14, 2013: Endorse the application for Project Banner and
commit the City of Clearwater to provide local financial support (Local Match) of
ten percent of the eligible tax refund upon certification by State of Florida
Department of Economic Opportunity (DEO) and adopt Resolution 13-18.
The Florida Legislature created Florida Statute, Section s.288.106 to encourage
the growth of Florida's high-wage, value-added employment. This program is
commonly known as the Qualified Target Industry Tax Refund Program (QTI
Program). This law authorizes Enterprise Florida, Inc. to accept, review and
recommend applications for consideration by DEO for tax refunds to qualified
target industry businesses. Pursuant to Florida Statute, Sections s.288.075 and
s.288.106, the applicant requests certain information, including the name of the
company, remain confidential until such time as is required under statute or
desired by the applicant. Project Banner is the alias name of the applicant
company.
This Resolution provides a commitment of the City to support the QTI Program,
which provides a performance-based incentive. The incentive is negotiated in
advance of Project Banner's commitment to expand its operations in the city of
Clearwater. It does not guarantee payment until such time as the terms of the
contract made between DEO and Project Banner are met, subject to limitations
described below.
QTI Program Description
The QTI Program works as an inducement to encourage companies to locate or
expand in Florida. In accordance with the QTI Program eligibility criteria, no
commitment to expand in Florida has been made at this time. The incentive may
not exceed that which is requested in the application.
As required by the QTI Program, the Project Banner's expansion will increase the
Company's employment in Florida by greater than 10% and, as evidenced by
staff's economic impact analysis the proposed new jobs will make a significant
economic contribution to the area economy.
Description of Project
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Project Banner is seeking State, County and City inducement to expand
operations and to create additional jobs in the City of Clearwater. The Company
projects to add 143 jobs over two years beginning in 2014. Project Banner's job
creation schedule is as follows:
Number of net new full-time Date by which jobs
Phase equivalent Florida jobs created in will be created
the business unit
1 39 12/31/2014
11 104 12/31/2015
Total 143
Below are the types of jobs expected to be created by this manufacturing
company:
Business Unit 6 Digit Project Annualized Wage
Activities NAICS Function ($)
Code(s)
Fabrication, 334416 75.5%
Wind, Assembly $31 741.00
Engineering, - o
Testing 334416 3.4% $43,680.00
Base (engineer,
planning, shop 334416 21.0% $78,500.00
ops)
Average Wage 100% $41,968.00
Average wages of all new jobs created by Project Banner is to be no less than
$41,810, which is 100% of the Pinellas County's Annual Average Wage but less
than 115% of the Pinellas County average wage as published by Enterprise
Florida on January 1, 2013.
Affirming the Project Banner is a manufacturing project, it is eligible to receive a
waiver of the average wage requirement authorized by s.288.106 (4)(b)l.b,
Florida Statutes. Staff supports this request because the proposed expansion will
improve long-term viability of an existing product line, benefit local suppliers,
increase the capital investment of real and personal property and create 143 new
jobs in the City.
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QTI Program Request & Local Match Commitment
The requested tax refund is to be paid to the applicant each state fiscal year (July
1- June 30) for a period of five years. If approved by DEO, Pinellas County and
the City of Clearwater, the applicant will receive a refund for each new job created
in the City of Clearwater. The QTI Program allows for a refund of eligible taxes
paid that will equal a maximum of$3,000 per new job created. Eighty percent of
this award is provided by the State of Florida, with a Local Match of ten percent
from the City of Clearwater and ten percent from Pinellas County. Therefore, the
maximum Local Match award per new job created is $300 for a total Local Match
of$42,900.
Payment Schedule
Disbursement of the Local Match is spread over a period of five years. Twenty-
five percent of the Local Match is paid out over a four year period for each phase
in which the jobs are created. The schedule is as follows:
PHASE #JOBS ELIGIBLE MAX OF 25%/ FY14-15 FY15-16 FY16-17 FY17-18 FY18-19
AWARD YR
1 39 $11,700 J $2,925 $2,925 $2,925 $2,925 $2,925
II 104 $31,200 $7,800 $7,800 $7,800 $7,800 $7,800
. .: .... .
TOTAL 143 $42,900 $2,925 $10,725 $10,725 $10,725 $7,800
The payment schedule is subject to the applicant continuing to meet all eligibility
criteria which is verified each year by the DEO, the City of Clearwater and Pinellas
County. Upon verification, the DEO requests the Local Match disbursement check
from the City up to the maximum yearly allowed amount. The DEO then provides
the disbursement to the applicant.
Conditions of Limitation & Termination
During the term of the agreement, the Local Match may be lowered under the
following conditions:
If in any year the applicant does not achieve the job creation schedule but
achieves at least eighty percent of the required new jobs, the company will
receive a pro-rated refund less five percent penalty of the schedule award amount
for that year.
If the total of the eligible taxes paid by the company is less than the
maximum eligible refund amount awarded, the Local Match will be reduced on a
pro-rated basis. The refunded amount will not exceed the amount of eligible taxes
paid by the company.
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The Local Match may be eliminated under the following conditions:
• If job creation falls below 80% of the required jobs, the company will not
receive a refund and will be terminated from the program.
• If the average wage falls below $41,810, the company will not receive a
refund and will be terminated from the program.
Funding Source
The Fiscal Year 2014-2015 funding is currently available from Economic
Development budget account number 181-99846. Future year funding will need to
be allocated during the City's annual budget process.
f 11 Economic impact analysis conducted using Impact Data Source modeling.
Councilmember Doreen Hock-DiPolito moved to continue Item 9.1 to August 14, 2013.
The motion was duly seconded and carried unanimously.
9.2 Approve settlement of the workers compensation claim of Mr. Jerry Howell, for
Payment of$179,600, and authorize the appropriate officials to execute same.
On May 3, 2009, claimant was exiting fire vehicle while holding onto grab rail,
stepped down and felt neck pain. Claimant had first cervical fusion and discetomy
on May 29, 2009. A second cervical surgery was required on December 3, 2009.
He reached Maximum Medical Improvement on June 10, 2010 with a total
impairment rating of 29%. The entire medical and indemnity claim, general
release and all attorney fees and costs were settled per statute for a total
settlement of$179,600. Funding for the payment of this settlement is available
in the budget for claims expense in the Central Insurance Fund.
Councilmember Jay Polglaze moved to approve settlement of the workers
compensation claim of Mr. Jerry Howell, for payment of$179,600, and authorize the
appropriate officials to execute same The motion was duly seconded and carried
unanimously.
9.3 Approve a purchase order (contract) to Rowland Incorporated of Pinellas Park,
Florida in the amount of$494,932.08 for the Gulf Boulevard Force Main Repair
(07-0025-UT), in accordance with the City's Purchasing Policy and Procedures
Manual, Sec. 2.564(1)(d), other governmental contract, and authorize the
appropriate officials to execute same.
The City has experienced recurring pipeline failures on our 16-in. sanitary sewer
force main along Gulf Boulevard in Sand Key. The investigation into the causes
Council 2013-08-01 10
determined that the failures were a result of substandard materials (PVC fittings)
and faulty construction techniques (restrained joints).
The pipeline in question was constructed in 2000 and 2001 as part of the Pinellas
County project: Gulf Boulevard. (County Road 183) Roadway Improvements from
Clearwater City Limits to Clearwater Pass. The utility relocations were constructed
under a Joint Project Agreement with Pinellas County.
In order to prevent future pipeline failures the City will need to remove and replace
the remaining pipeline fittings and restrained joints. An above ground temporary
bypass will be constructed to provide uninterrupted sewer service during
construction.
Traffic will be routed around the work zone during construction, and two-way
traffic will be maintained throughout the project. Only temporary lane closures will
be required. Lane closures will not occur at night, on weekends or holidays.
Rowland, Inc. is the present holder of the low bid, biannual, Sanitary Sewer
Repair, Rehabilitation and Extensions contract with Pinellas County (contract 123-
0040-CP (DF)). The unit prices for this work are from that contract. The contractor
will be allowed 90 days to accomplish the work and will begin within 15 days of a
notice to proceed.
There are sufficient budget and revenue in the Capital Improvement Program
project 0327-96665-563800-535-000-0000, Sanitary Sewer R and R.
In response to questions, the City Attorney said the five-year statute of limitation has
expired and the City has no recourse in the matter. The City's first notice of the issue
was in 2007. The work had been tested and accepted. Engineering Manager Rob
Fahey said the City specced for ductal iron but PVC was installed. At the time, it was
standard practice for the County to oversee the project. Mr. Fahey said the City now
demands oversight if city dollars are being utilized. Engineering Director Michael
Quillen said the Joint Project Agreement included a clause that the County reserved the
right to act in accordance with County policies. The County could have informed the
City that specced materials were not going to be used; the City now has the option to
opt out and hire a contractor to do the work.
Councilmember Doreen Hock-DiPolito moved to approve a purchase order (contract) to
Rowland Incorporated of Pinellas Park, Florida in the amount of$494,932.08 for the
Gulf Boulevard Force Main Repair (07-0025-UT), in accordance with the City's
Purchasing Policy and Procedures Manual, Sec. 2.564(1)(d), other governmental
contract, and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
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9.4 Reappoint Herbert McLachlan as the citizen representative to the Pension
Investment Committee for a term to expire August 31, 20150
Councilmember Jay Polglaze moved to reappoint Herbert McLachlan as the citizen
representative to the Pension Investment Committee for a term to expire August 31,
2015. The motion was duly seconded and carried unanimously.
9.5 Appoint Krista Valentage to the Sister Cities Advisory Board, as the School
Board's World Language Coordinator, to fill the remainder of an unexpired term
through December 31, 2015.
Vice Mayor Paul Gibson moved to appoint Krista Valentage to the Sister Cities Advisory
Board, as the School Board's World Language Coordinator, to fill the remainder of an
unexpired term through December 31, 2015. The motion was duly seconded and
carried unanimously.
9.6 Designate a Councilmember to be the official voting delegate at the Florida
League of Cities Annual Conference, August 15-17, 2013.
The Florida League of Cities' Annual Conference will be held at the World Center
Marriott, Orlando, Florida on August 15-17.
The League is asking each municipality to designate one official to be the voting
delegate at the Annual Business Session on Saturday, August 17 at 9:00 a.m.
Election of League leadership and adoption of resolutions are undertaken at the
business meeting.
Councilmembers Bill Jonson and Doreen Hock-DiPolito said they will be attending the
conference. Councilmember Jonson said he is a member of the Resolutions Committee
and reviewed the resolutions being considered.
Vice Mayor Paul Gibson moved to designate Councilmember Bill Jonson as the official
voting delegate at the Florida League of Cities Annual Conference, August 15-17, 2013.
The motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
10. City Manager Verbal Reports - None.
11. Other Council Action
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11.1 Members of the Community Development Board and Municipal Code
Enforcement Board be registered voters. Mayor Cretekos
Mayor George N. Cretekos requested consideration to require future members of the
Community Development Board (CDB) and the Municipal Code Enforcement Board
(MCEB) be registered voters. The Tourist Development Commission now requires new
members to be residents of Pinellas County and registered voters. The Mayor said he is
requesting the policy change for MCEB and CDB since they are quasi judicial boards;
he was not seeking the change for the advisory boards.
Vice Mayor Paul Gibson moved to require new appointees, or alternate members
becoming a permanent member, for the CDB and MCEB be registered voters. The
motion was duly seconded and carried unanimously.
12. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
13. Adjourn
The meeting adjourned at 7:53 p.m.
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Council 2013 -08 -01 13