09/05/2013 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
September 5, 01
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, 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 7:00 p.m. at City Hall.
2. Invocation — Pastor Chuck Engelhardt from Heritage United Methodist
Church
3. Pledge of Allegiance — Councilmember Jay Polglaze
4. Presentations — Given.
4.1 CareFest Proclamation, September 28, 2013 - Oasis Centro Cristiano, Pastor
Joe Lugo
4.2 Florida Works Day Proclamation, September 6, 2013 - Assistant City Manager
Jill Silverboard, Florida Local Government Coalition (FLGC) Steering Committee
member.
4.3 Pinellas County Education Foundation - Eric Zimmer
Mr. Zimmer provided a PowerPoint presentation regarding the Pinellas Take Stock in
Children/Doorways scholarship and mentoring programs. He encouraged all to
participate in the mentoring program and the annual Strides for Education 5K Walk/Run
Council 2013-09-05 1
on December 7, 2013 at Tropicana Field. Mr. Zimmer presented the City with a Plaque
of Appreciation for supporting the Take Stock in Children program.
5. Approval of Minutes
5.1 Approve the minutes of the August 14, 2013 City Council Meeting as submitted
in written summation by the City Clerk.
A scrivener's error was noted in the discussion of the Memorandum of Understanding
(MOU) with the Clearwater Marine Aquarium (page 17, line 1); principle should be
corrected to principal. In response to a suggestion, the City Attorney said the MOU
does not need be amended at this time.
Vice Mayor Paul Gibson moved to approve the minutes of the August 14, 2013 City
Council Meeting as amended. 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
7. Administrative Public Hearings
7.1 Approve State Housing Initiatives Partnership (SHIP Program) annual reports for
fiscal years 2010-2011, 2011-2012 and 2012-2013.
The Florida Legislature enacted the Williams E. Sadowski Affordable Housing Act
in 1992. This act created a dedicated revenue source for the state and local
housing trust funds. This dedicated revenue source funds state and local housing
programs and assisted local governments in meeting the housing needs of its
population. The Sadowski Act created the State Housing Initiatives Partnership
(SHIP) Program. Given the state's budget shortfalls, funding for the SHIP
Program has been drastically reduced.
The City received zero dollars for Fiscal Year 2010-2011, $96,986 for Fiscal Year
2011-2012 $96,983 and $42,274 for Fiscal Year 2012-2013. For these same fiscal
years, the City received program income of$102,004.09 for Fiscal Year 2010-
2011, $201,727.57 for Fiscal Year 2011-2012 and $129,794.44 for Fiscal Year
2012-2013. The department mainly uses these SHIP funds and SHIP program
income to match federal programs to be able to continue existing housing
programs.
All local governments receiving SHIP funds must submit to Florida Housing
Finance Corporation their annual reports by September 15 of every year. The
annual reports provide details of expended funds, encumbered funds and a
proposal of any unused funds. The reports also provide information on the
Council 2013-09-05 2
strategies funded, the number of households served, income category, age, family
size, race and data regarding any special needs populations such as homeless
persons, persons with disabilities and the elderly. The report is submitted
electronically to the State.
Through the SHIP Program, Economic Development and Housing has provided
funding for the following housing activities: Down payment and closing costs
assistance, the rehabilitation of owner occupied single-family dwelling, and the
acquisition and rehabilitation of two multi-family dwellings. During the program
years covered by these reports, the City has assisted 24 households and has
funds encumbered to assist at least another 12 households, and is projecting
assistance for 8 more households.
SHIP funding is important to the City of Clearwater's economy, as evidenced by
activity in Fiscal Year 2010-2011 where the City spent $88,058 in SHIP dollars to
leverage over a million dollars in private funds.
Councilmember Doreen Hock-DiPolito moved to approve State Housing Initiatives
Partnership (SHIP Program) annual reports for fiscal years 2010-2011, 2011-2012 and
2012-2013. The motion was duly seconded and carried unanimously.
8. Second Readings - Public Hearing
8.1 Continue to September 19, 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.
AND
8.2 Continue to September 19, 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
Suburban (RS) and water/drainage feature.
AND
8.3 Continue to September 19, 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).
AND
8.4 Continue to September 19, 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.
AND
Council 2013-09-05 3
8.5 Continue to September 19, 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).
AND
8.6 Continue to September 19, 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).
Councilmember Jay Polglaze moved to continue Items 8.1 through 8.6 to September
19, 2013. The motion was duly seconded and carried unanimously.
8.7 Adopt Ordinance 8434-13 on second reading, amending the Zoning Atlas of the
city by rezoning certain real property whose post office address is 1515 South
Highland Avenue from Office (0) to Medium Density Residential (MDR).
Ordinance 8434-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8434-13 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
8.8 Adopt Ordinance 8438-13 on second reading, making amendments to Beach By
Design: A Preliminary Design for Clearwater Beach and Design Guidelines by
amending Section II, Future Land Use, Subsection C. The Marina District, to
reference the standards to which the public boardwalk must comply: and by
adopting the Marina District Boardwalk Design Guidelines and Specifications.
Ordinance 8438-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8438-13 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
Council 2013-09-05 4
9. Consent Agenda —Approved as submitted.
9.1 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
9.2 Authorize purchase orders for payment of premiums under the City's 1% Life
Insurance program for the continuation of individual life insurance plans with
New York Life Insurance in the amount of$450,000 for the period from
September 1, 2013 to September 30, 2016 and with Principal Life Insurance in
the amount of$200,000 for the period from October 1, 2013, to September 30,
2016. (consent)
9.3 Approve the settlement agreement between John Kleinfelter, et al. and the City
of Clearwater in the amount of$155,000. (consent)
9.4 Approve Lease Agreement between the City of Clearwater and Florida Sports
Foundation, Inc. (FSF), from November 1, 2013 to October 31, 2018, for the
lease of City-owned office space located at the Long Center, 1501 N. Belcher
Road; and authorize the appropriate officials to execute same. (consent)
9.5 Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc.,
of Oldsmar, Florida in the amount of$350,000 for the construction of a 10-foot
wide recreation trail encircling Lake Belleview, which is in Ed Wright and Ross
Norton Parks, and authorize the appropriate officials to execute same. (consent)
9.6 Approve acceptance of Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of
$56,631 and additional 2.7 Full Time Equivalent Position (FTE) and authorize the
appropriate officials to execute same. (consent)
9.7 Award a contract (purchase order) to General Chemical, of Parsippany, NJ for
the purchase of Liquid Aluminum Sulfate in the amount of$370,320.23 during
the contract period October 1, 2013 through September 30, 2016, being the
lowest, most responsive bid for BID 23-13, and authorize the appropriate officials
to execute same. (consent)
9.8 Award a contract (Purchase Order) to Allied Universal Corp of Miami, from
October 1, 2013 through September 30, 2014, with two one-year renewal
options, for a total of$380,000 for the first contract period, for Liquid Sodium
Hypochlorite, and authorize the appropriate officials to execute same. (consent)
Council 2013-09-05 5
9.9 Award a construction contract to Layne Inliner, LLC, of Sanford, Fl, in the
amount of$338,833.00 for the Hillcrest Pipe Lining Project (13-0022-EN) and
authorize the appropriate officials to execute same. (consent)
9.10 Approve additional funding to the United States Army Corp of Engineers
(USACE) in the amount of$870,000 for the Stevenson Creek Estuary
Restoration Project. (consent)
9.11 Appoint Jeffery W. Smith to the Clearwater Housing Authority Board with term to
expire September 30, 2017 and reappoint Jan Moss for a term to expire
September 30, 2017.
9.12 Authorize the City Attorney to hire Jeffrey Hinds, Esq. of Smolker, Bartlett,
Schlosser, Loeb and Hinds, P.A. to represent the City in the case of David and
Aileen Bair v. City of Clearwater for the initial amount of$40,000.00 and
authorize the appropriate officials to execute same. (consent)
9.13 Reappoint Councilmember Doreen Hock-DiPolito to serve as the City's
representative on the Pinellas County Metropolitan Planning Organization with
term to expire on September 12, 2017. (consent)
9.14 Authorize the City Attorney to hire Alan Zimmet, Esq. of Bryant Miller Olive to
represent the city in the matter of Petersen and Spatuzzi v. City, and authorize
the appropriate officials to execute a Legal Services Agreement. (consent)
Councilmember Bill Jonson moved to pass the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Review and approve the proposed sculpture collection for Sculpture360: Season
VI Art in the Cleveland Street District.
Sculpture360: Art in the Cleveland Street District is a temporary exhibition of
outdoor public artwork intended to bring high-quality, iconic, and vibrant artwork
to downtown Clearwater. This agenda item is presented in accordance with
actions taken during the April 15, 2009 City Council meeting in which the Council
requested that all installations of artwork of public property be subject to Council
review.
The following collection of sculptures is recommended in full for temporary
exhibition as part of the Public Art and Design Program's Sculpture360: Art in the
Council 2013-09-05 6
Cleveland Street District: Season VI. The sculptures were chosen by a Selection
Panel, appointed by the Public Art and Design Board (PADB) in accordance with
the Public Art and Design Program Guidelines. The PADB subsequently
reviewed and approved this collection. The sculptures are slated for installation
starting the week of October 24 and will remain on exhibition through October 1,
2014.
The Selection Panel consisted of individuals representing specified interests and
expertise were as follows:
Alex Plisko (Chair), vice-chair of the Public Art and Design Board
Anne Fogarty-France, Economic Development representative
Felicia Leonard, Parks and Recreation representative
Gus and Lina Ocamposilva, professional sculptors
An open Call to Artists as outlined in the Public Art and Design Guidelines was
issued detailing the scope of the project. The Call to Artists resulted in
approximately 53 responses of qualified artists with various works proposed for
temporary loan. The Selection Panel selected three finalists (Nicole Beck, Dimitar
Lukanov, and Merle Randolph) and two alternates (John Clement and Hanna
Jubran).
The PADB has approved an allocation of$9,000.00 from the Public Art and
Design Program Discretionary Fund for the purpose of funding the project budget
for Sculpture360: Season VI. Funds will be utilized for artist honoraria and
equipment, materials, and personnel necessary for installing and removing the
sculpture under the terms of the exhibition.
Councilmember Doreen Hock-DiPolito moved to approve the proposed sculpture
collection for Sculpture360: Season VI Art in the Cleveland Street District. The motion
was duly seconded and carried unanimously.
Miscellaneous Reports and Items
11. City Manager Verbal Reports — None.
12. Other Council Action
12.1 Reschedule Work Session and Council Meetings - Councilmember Jonson
Requesting consideration to reschedule council meetings as follows:
Council 2013-09-05 7
1. Move the November 21 council meeting to Wednesday, November
20. Councilmember Jonson was elected to the Florida League of Cities
Board of Directors, which is scheduled to meet on November 21.
2. Hold a council meeting only the week of October 14. The ACPT is
scheduled to meet on October 14, which conflicts with the scheduled work
session at 1:00 pm. Suggestion being made is not to reschedule the work
session and only have the council meeting on Wednesday, October 16.
The City Clerk said there are no concerns with moving the November 21 council
meeting as the anticipated agenda is light.
There was consensus to move the November 21, 2013 council meeting to Wednesday,
November 20, 2013. Staff was directed to implement the schedule change.
13. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events and expressed
sympathies to the survivors of Hilary Michalak and Robert Lemon.
14. Adjourn
The meeting adjourned at 7:36 p.m.
Attest
geo/(t crt'lC100.
Mayor
City of Clearwater
City Clerk
1114L,,,
Council 2013 -09 -05 8