11/07/2013 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 7, 2013
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson
Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin -Assistant City
Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk,
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.
It was stated that Councilmember Jay Polglaze was unable to attend due to a family
matter.
2. Invocation - Rev. Doctor John R. Thompson from Countryside Christian
Center
3. Pledge of Allegiance Councilmember Bill Jonson
4. Presentations - Given.
4.1 Yearly Introduction Nagano Teacher Mr. Shinji Tsukada - Felicia Leonard,
Administrative Support Manager
4.2 Suncoast Jazz Classic Weekend Proclamation, November 22-24, 2013 - Joan
Dragon, Director of the Suncoast Jazz Classic, Inc.
4.3 Pancreatic Cancer Awareness Month Proclamation, November 2013 - Jennifer
Rorech, Pancreatic Cancer Action Network Tampa Bay Advocacy Coordinator
4.4 Clearwater Night at Ruth Eckerd Hall - Michael Pastreich, Florida Orchestra,
President
Council 2013-11-07 1
Mr. Pastreich provided a PowerPoint presentation of the Florida Orchestra's concert
series and recent accomplishments. Clearwater Night will be held on May 25, 2014,
7:30 p.m., for production of Stars and Stripes Hit Parade.
4.2 Suncoast Jazz Classic Weekend Proclamation, November 22-24, 2013 -
Joan Dragon, Director of the Suncoast Jazz Classic, Inc.
5. Approval of Minutes
5.1 Approve the minutes of the October 16, 2013 City Council Meeting as submitted
in written summation by the City Clerk.
In response to a suggestion to amend the minutes, the City Clerk noted that council
minutes depict action or consensus by the corporate body. In regards to the discussion
of the Enchantment development agreement (Item 7.2), there was no consensus
regarding the use of the ownership units.
Councilmember Doreen Hock-DiPolito moved to approve the minutes of the October 16,
2013 City Council Meeting as submitted in written summation by the City Clerk. The
motion was duly seconded. Mayor George Cretekos and Councilmembers Doreen
Hock-DiPolito and Bill Jonson voted "Aye"; Vice Mayor Paul Gibson voted "Nay".
Motion carried.
6. Citizens to be Heard re Items Not on the Agenda
Robert Foremeister expressed concerns with timing of left-turn traffic signal in the
northbound lane of Belcher Road, at the intersection of Gulf to Bay Boulevard and
Belcher, and invited Council to Veterans' Day event at the VFW on Hercules Avenue.
Joe Corvino said in regards to the Clearwater Marine Aquarium (CMA) referendum
passing, the City needs to play the role of landlord and negotiate a deal that is in the
best interest of the citizens of Clearwater.
Tom Nocera recommended the City hire a professional negotiator to handle the CMA
lease.
Tom Petersen said the Memorandum of Understanding between the City and the CMA
does not treat the Clearwater taxpayer fairly and expressed concern with lack of
inflation adjustment.
Jonathan Wade requested that the City reconsider demolishing the Hope Building for
additional parking for the Panthers; there is sufficient area parking and facility is needed
by community.
Council 2013-11-07 2
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Continue Development Agreement between Mainstream Partners VIII, LTD (the
Property owner) and the City of Clearwater, providing for the allocation of 100
units from the Hotel Density Reserve to the December 5, 2013 council meeting.
(HDA2013-08004)
The applicant is requesting the continuance in order to prepare changes to the
Conceptual Site Plan as directed by Council at the October 16, 2013 meeting.
Councilmember Doreen Hock-DiPolito moved to continue Item 7.1 to December 5,
2013. The motion was duly seconded and carried unanimously.
7.2 Approve the Development Agreement between Ted and Maria Lenart, Trustees
of Lenart Family Trust UTD December 20, 1991 (the property owner) and the
City of Clearwater, providing for the allocation of up to 69 units from the Hotel
Density Reserve under Beach by Design with a change to the wording of Section
6.1.3.2 of the Development Agreement from five years from approval of the
Development Agreement to one year for obtaining a site plan approval; adopt
Resolution 13-31, and authorize the appropriate officials to execute same.
(HDA2013-08007)
Development Proposal:
The owners propose to utilize the existing 64-rooms (30 of which are considered
as conforming through an approved Termination of Status of Nonconformity for
density (FLD2013-08025) reviewed by the Community Development Board on
October 15, 2013) while requesting up to an additional 69 hotel rooms from the
Hotel Density Reserve through Beach by Design resulting in a total of 103 units
(150 units per acre). It should be reiterated that the maximum density permitted by
Beach by Design is 150 units per acre or, for this site, 103 units.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
October 16, 2013 Council meeting. The Conceptual Site Plan continues to appear
to be consistent with the CDC with regard to:
• Minimum Lot Area and Width
Council 2013-11-07 3
• Minimum Setbacks
• Maximum Height
• Minimum Off-Street Parking
• Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
October 16, 2013 Council meeting. The Conceptual Site Plan continues to appear
to be consistent with the Beach by Design with regard to:
• Design Guidelines
• Hotel Density Reserve
Standards for Development Agreements:
Staff has requested minor changes to be made to the Development Agreement
since the October 16, 2013 Council meeting as follows:
Clarify in Sections 6.2.3 and 6.1.5 what occurs in the event of compliance with
conditions of the Termination of Nonconformity. This language should reflect that
30 of the 69 request units from the Reserve will be returned to the Reserve
thereby maintaining the maximum permitted density of 150 units per acre or a
total of 103 units.
Recite density in Section 4.1.
In Section 6.1.6, replace overnight hotel guests with members of the public as
overnight hotel guests.
Remove the reference to the timeframe, which allows up to five years for
obtaining development approval in Section 6.1.3.2 and replace with one year and
add language that the site plan must be approved and construction started within
the timeframes as set forth in the CDC.
Attach Conceptual Plan as Exhibit B and title that Exhibit accordingly.
Council 2013-11-07 4
Change Site Plan to Conceptual Site Plan in Section 6.1.3.1 and anywhere else
where the intent is to refer to the Conceptual Site Plan.
Add provisions regarding the provision of a bond as follows: Developer agrees to
provide a cashier's check, a payment and performance bond, or letter of credit in
the amount of 115% of the estimated costs of the public facilities and services to
be deposited with the City to secure construction of any new public facilities and
services required to be constructed by this Agreement. Such construction shall
be completed prior to issuance of a Certificate of Occupancy for the Project.
The applicant did not incorporate the requested change with regard to item four,
above, and is reflected in Staff's recommendation.
The proposal is in compliance with the standards for development agreements, is
consistent with the 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 years, meets the criteria
for the allocation of rooms from the Hotel Density Reserve under Beach by Design
and includes the following main provisions:
• Provides for the allocation of up to 69 units from the Hotel Density Reserve
or a maximum density of 150 units per acre, whichever is less;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (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.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to this Development
Council 2013-11-07 5
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
The Planning and Development Department is recommending APPROVAL of this
Development Agreement for the allocation of up to 69 units from the Hotel Density
Reserve under Beach by Design with a change to the wording of Section 6.1.3.2
from five years from approval of the Development Agreement to one year for
obtaining of site plan approval.
In response to a question, the City Attorney said prior to the new HDA process, the
development agreements came before Council with an approved Development Order,
giving the applicant one year to pull the building permits. The applicant may request a
one-year extension and another 1-year extension from CDB, providing no more than
four years to commence the project. The new process provides the applicant to go
CDB within five years for an approved development order, allowing eight to nine years
for the project to commence. Assistant City Attorney Leslie Dougall-Sides said this is
the only applicant who has requested five years to go from the conceptual site plan to
the actualized site plan.
Applicant representative Katie Cole said through the application process, staff
requested standard language that had been a carry-over of the prior development
agreement, relating to receiving permits consistent with city code. Applicant questioned
the timing provision at DRC; the code provides the Developer a ten-year development
agreement and does not specify when the development order must be obtained.
Understanding Council would not want to wait ten years for a Developer to utilize the
units, the applicant offered a 5-year compromise. The compromise fits into the
applicant's business plan. The Applicant has stated one year would be difficult to
proceed with the business plan, requiring the applicant to submit within nine months.
After the first public hearing, the City Attorney's office requested the applicant to change
to a one-year agreement. Ms. Cole said a recently approved development agreement
was given ten years to obtain the development order.
In response to questions, Ms. Cole said the site plan obligation requires a confirmation
for each floor plan, which would include identifying the hotel flag. Hotel flag negotiations
have not occurred because it was not understood that the application had to be
submitted within the next nine months. The shorter time frame would also impact the
financial business plan.
Planning and Development Director Michael Delk said the reserve units have been
historically brought to Council with the clock starting to tick based on the time of the
development order approval, vesting rights of the hotel, project and units out of the hotel
Council 2013-11-07 6
density reserve. The accompanied development agreement referenced when the time
frame began. Staff is requesting Council to determine policy of new process: should the
clock begin ticking based on the development order approval as referenced in Section
4-407, Community Development Code.
Ms. Cole said the code states a development agreement can be active for ten years.
The Applicant has expressed that a three-year time frame would be a reasonable
compromise. She said this is the first time Council has discussed a change to policy
and the application has been pending for quite some time now.
Discussion ensued with concerns expressed that five years may be too long to
commence a project. There was support expressed for a two-year and three-year
timeframe.
Vice Mayor Paul Gibson moved to continue Item 7.2 to November 20, 2013. The
motion was duly seconded and carried unanimously.
7.3 Adopt Ordinance 8481-13 on second reading, amending the Community
Development Code Division 24, Public Art and Design Program, providing that
private development projects are encouraged to incorporate public art into each
new development or renovation project, or in lieu thereof, donate money into the
City public art fund.
Ordinance 8481-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8481-13 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
"Nays": None
7.4 Adopt Ordinance 8410-13 on third reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real
Property whose post office address is 2200 and 2251 Montclair Road, together
with all of the right of way of Montclair Road, CR 584, lying in the East of the NE
of Section 01, Township 29 South, Range 15 East, together with all of the right of
way of Montclair Road, CR 584, and Sunset Point Road, CR 576, lying in the
NW of Section 06, Township 29 South, Range 16 East, upon annexation into
the City of Clearwater, as Residential Medium (RM), Preservation (P), and
Water/Drainage Feature, (Water).
Council 2013-11-07 7
Ordinance 8410-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8410-13 on third 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
"Nays": None
8. Quasi-judicial Public Hearings
8.1 Adopt Ordinance 8411-13 on third reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 2200 and 2251
Montclair Road, together with all of the right of way of Montclair Road, CR 584,
lying in the East of the NE of Section 01, Township 29 South, Range 15 East,
together with all of the right of way of Montclair Road, CR 584, and Sunset Point
Road, CR 576, lying in the NW of Section 06, Township 29 South, Range 16
East, upon annexation into the City of Clearwater, as Medium High Density
Residential (MHDR) and Preservation (P).
Ordinance 8411-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8411-13 on third 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
"Nays": None
9. Consent Agenda —Approved as submitted.
9.1 Approve an increase to Purchase Order 508627 with Florida Gas Contractors,
Inc, in the amount of$550,000, for the installation of natural gas mains and
service lines, and authorize the appropriate officials to execute same. (consent)
9.2 Authorize the renewal of contracts with Assurant and Humana for voluntary
employee and retiree dental insurance, from January 1, 2014 through December
31, 2014, and authorize the appropriate officials to execute same. (consent)
9.3 Approve a proposal by Construction Manager at Risk, Keystone Excavators,
Inc., of Oldsmar, Florida in the amount of$250,000 for the construction of an 8-
foot wide crushed shell trail and parking facilities at Lake Chautauqua Equestrian
and Nature Preserve and authorize the appropriate officials to execute same.
consent
Council 2013-11-07 8
9.4 Approve an agreement between the City of Clearwater and the School Board of
Pinellas County, Florida providing for the continuation of the School Resource
Officer program at Clearwater High School, Countryside High School and Oak
Grove Middle School for a one-year period commencing July 1, 2013 through
June 30, 2014 and authorize the appropriate officials to execute same. (consent)
9.5 Award a contract (purchase order) to Perkin Elmer Health Sciences Inc. of
Shelton, CT, in the amount of$138,199.00, in response to the City of Clearwater
Public Utilities Laboratory's request for purchase of a NexION 30OX ICP-MS
System and authorize the appropriate officials to execute same. (consent)
9.6 Award a construction contract to Rowland, Inc of Pinellas Park, Florida, for
Smallwood Circle Drainage Improvements Project (11-0057-EN) and Edgewood
Avenue Sanitary Sewer Improvements (10-0027-UT) in the amount of
$2,345,142.97, which is the lowest responsible bid received in accordance with
plans and specifications; approve Engineer of Record (EOR) Supplemental Work
Orders to Cumbey and Fair in the amount of$56,688.81 and King Engineering in
the amount of$52,152 for limited Construction Engineering Services (CES) and
authorize the appropriate officials to execute same. (consent)
Councilmember Bill Jonson moved 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
10. Other Items on City Manager Reports
10.1 Approve a senior exemption for long-term resident, low-income seniors under
the criteria of Amendment 11 approved by the voters in November 2012 and
pass Ordinance 8522-13 on first reading.
In addition to the homestead exemption for residential homeowners, the City of
Clearwater currently provides an additional $25,000 senior exemption for
qualifying senior residential homeowners. From the 2012 tax roll, the value of
property receiving this exemption is $32,056,116 and the budget impact of lost
revenue from this exemption is approximately $165,000.Amendment 11, which
was approved by the voters in November 2012, gives the City the option to adopt
a senior exemption for long-term resident, low-income seniors. The new
exemption exempts 100% of the assessed value of a senior's homesteaded
property if the just value is less than $250,000; the owner is 65; the property has
been the owner's permanent residence for at least 25 years; and the owner's
household income is less than the limit established for the current low-income
senior exemption (currently $27,590).This additional senior exemption of
Council 2013-11-07 9
$250,000 must be authorized by a super majority (a majority plus one) vote of the
City Council.
The deadline to establish the Amendment 11 senior exemption is December 1,
2013 for 2014.
In response to a question, the City Attorney said the agenda item will require four
positive votes. If not approved on first reading, the item will not have second reading in
time for the County to incorporate this year. If there is a 2-2 vote, the item continues to
the next meeting based on Council Rules.
Councilmember Bill Jonson moved to approve a senior exemption for long-term
resident, low-income seniors under the criteria of Amendment 11 approved by the
voters in November 2012. The motion was duly seconded; Mayor George Cretekos and
Councilmembers Doreen Hock-DiPolito and Bill Jonson voted "Aye", and Vice Mayor
Paul Gibson voted "Nay."
Motion carried.
Ordinance 8522-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8522-13 on first reading. The motion was duly
seconded.
Councilmember Bill Jonson moved to amend Ordinance 8522-13, Section 29.93 (a)(1),
to read, "...(1) Twenty five thousand dollars for any person who has the legal or
equitable title to real estate and maintains thereon the permanent residence of the
owner, who has attained age 65, and whose household inGGr e does not eXGee d
...
The City Attorney said if the amendment passes, the paragraph below it would also
need to be amended as it references the income limitations; the two subsections are
interdependent.
Motion failed for lack of second.
Upon roll call, the vote was-
'Ayes . Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson
"Nays": Mayor George N. Cretekos, Vice Mayor Paul Gibson
Motion tied; Item 10.1 continued to November 20, 2013.
Council 2013-11-07 10
10.2 Establish enactment authority for economic development ad valorem tax
exemption of real and tangible personal property taxes for certain new
businesses and expansions of certain existing businesses in accordance with
Florida Statute 196.1995 and pass Ordinance 8436-13 on first reading.
This Ordinance provides authority to the City of Clearwater to provide real and
personal tangible property tax exemptions for qualifying new businesses
relocating to the City and to existing businesses seeking to expand. In order to
foster economic growth and increase employment, the ordinance includes
qualifying criteria and economic development guidelines to be used in the
evaluation of completed applications.
On November 6, 2012, in accordance with F.S. 196.1995, the City of Clearwater
put forth to voters the following ballot question: Shall the City Council of the City
of Clearwater be authorized to grant, pursuant to s.3 Art. VI I of the State
Constitution, ad valorem tax exemptions to new businesses and expansions of
existing businesses that are expected to create new, full-time jobs in the City of
Clearwater? Voters approved the referendum with 56.4% of the vote.
Program Goals
The Economic Development Ad Valorem Tax Exemption Program is intended to
attract new private investment and to encourage capital investment and job
growth in the City of Clearwater. The program is a tool for the City to regain a
competitive edge in business attraction and expansion not only in the Tampa Bay
region, but also in the State of Florida and beyond. Qualifying Criteria
In accordance with the voter-approved referendum, the Economic Development
Ad Valorem Tax Exemption Program includes the following criteria for staff
evaluation and Council consideration-
1. 75% annual maximum ad valorem exemption
2. 10-year maximum exemption period
3. $100,000 minimum capital investment (excludes land)
4. Job creation requirement, as required by state law:
a. Manufacturing (10 jobs)
b. Qualified Target Industries (10 jobs)
C. Business with Sales (25 jobs)
Council 2013-11-07 11
i. A business or organization, the sales factor of which is less
than 0.50for each year the exemption is claimed..
d. Office not in target industries (50 jobs)
5. Average wage requirement:
a. The average wage for new jobs created in the City of Clearwater
must be greater than the average wage for Pinellas County as published by
Enterprise Florida, Inc., in the year in which the applicant files the completed
application.
Approval Process
Each qualifying application for tax exemption must be approved by City Council
via ordinance. The process by which the application is accepted, evaluated and
approved includes:
1. Staff review
2. Pinellas County Property Appraiser's report
3. Recommendation of exemption by staff
4. Business Maintenance and Continued Performance Agreement executed by
Applicant
5. Agreement and Ordinance sent to Council for consideration (2 readings)
6. Council may approve as presented, deny, approve with amended conditions
a. Should the Ordinance and Agreement be amended, a new
Agreement incorporating the approval changes is sent to the applicant for
signature.
Limitations
The exemption applies only to improvements to real property and to tangible
personal property. Therefore, current tax revenues are never impacted and
exemption for property taxes on land is prohibited by F.S. 196.1995. All
businesses approved for Economic Development Ad Valorem Tax Exemption
must execute a Business Maintenance and Continued Performance Agreement.
A provision of the agreement includes submittal of Annual Report. Council may
revoke the exemption if the applicant fails to meet Agreement expectations
and/or program requirements.
Documents
Council 2013-11-07 12
At second reading of this ordinance, staff will bring forward Resolution 13-32
adopting substantially in form the following-
1. Economic Development Ad Valorem Tax Exemption Application
2. DR-418 Economic Development Ad Valorem Property Tax Exemption
3. Business Maintenance & Continued Performance Agreement
4. Economic Development Ad Valorem Tax Exemption Annual Report
Councilmember Doreen Hock-DiPolito moved to establish enactment authority for
economic development ad valorem tax exemption of real and tangible personal property
taxes for certain new businesses and expansions of certain existing businesses in
accordance with Florida Statute 196.1995. The motion was duly seconded and carried
unanimously.
Ordinance 8436-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8436-13 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
"Nays": None
The Council recessed from 7:57 p.m. to 8:05 p.m.
10.3 Support Shephard's Beach Resort and Quality Beach Resort to start the permit
process to restore and stabilize the beaches behind their properties.
Olsen Associates Coastal Engineering will present the plans for shorefront
improvements along the beaches behind Shephard's Beach Resort and Quality
Beach Resort in Clearwater Pass.
The purpose of the projects is to increase the stability of the existing sand beach
and re-establish a stable sand beach along the inlet's shorefront.
There is no cost to the City and requires no city assistance other than City
Council support so projects can proceed through the state and federal permit
process. The Marine Advisory Board and Planning and Engineering departments
have been made aware of the projects.
Council 2013-11-07 13
Marine and Aviation Director Bill Morris said staff has contacted seven of the ten
properties along the Pass regarding pursuing efforts to stabilize the beach on their
property. Overall, there was support to renourish the Pass; the Holiday Inn supported
the efforts so long the City subsidized the cost and Continental Towers expressed
concerns with transferring the cost to occupants.
In response to questions, Mr. Morris said Pinellas County would be issuing the permit.
The County would like to know if the City supports the project. The estimated cost for a
comprehensive solution to address the entire Pass on that side is $10 million. Mr.
Morris said jetties would not eliminate the need for dredging.
Two individuals spoke in support, with one expressing concerns with cost and effects of
the prevailing winds.
Vice Mayor Paul Gibson moved to support Shephard's Beach Resort and Quality Beach
Resort to start the permit process to restore and stabilize the beaches behind their
properties. The motion was duly seconded and carried unanimously.
10.4 No Item
10.5 Appoint one member to the Neighborhood and Affordable Housing Advisory
Board with term to expire November 30, 2017 and reappoint Ms. Linda Kemp for
another term to expire November 30, 2017.
Councilmember Bill Jonson moved to appoint Vicki Adelson, with a term to expire
November 30, 2017, and reappoint Linda Kemp, with a term to expire November 30,
2017, to the Neighborhood and Affordable Housing Advisory Board. The motion was
duly seconded and carried unanimously.
10.6 Amend Section 30.020 of the Clearwater Code of Ordinances to establish
procedures for hearings before a local hearing officer for red light camera
violations, and pass Ordinance 8479-13 on first reading.
Amendments to Section 316.0083, Florida Statutes, provide the registered owner
of the motor vehicle or the person in physical control of the motor vehicle at the
time the motor vehicle failed to stop at a red light being monitored by a traffic
infraction detector with the option of requesting a hearing before a local hearing
officer to contest a notice of violation issued pursuant to Section 316.0083,
Florida Statutes.
Council 2013-11-07 14
Section 316.0083 requires the municipality issuing the notice of violation to
designate a local hearing officer as defined in Section 316.003(91), Florida
Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083.
Section 316.0083 also establishes procedures for hearings before a local hearing
officer and authorizes the hearing officer at the conclusion of the hearing to
require the violator to pay municipal costs not to exceed $250 in addition to the
current $158 penalty if the notice of violation is upheld.
Councilmember Doreen Hock-DiPolito moved to amend Section 30.020 of the
Clearwater Code of Ordinances to establish procedures for hearings before a local
hearing officer for red light camera violations. The motion was duly seconded and
carried unanimously.
Ordinance 8479-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8479-13 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson
"Nays": None
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
Assistant City Manager Jill Silverboard said the Saint Petersburg College Board of
Trustees has approved the architectural selection for the City's joint project for a new
library facility. Representatives from the College and City will be meeting for a
collaborative lab experience. Ms. Silverboard asked if Council wanted a representative
to attend the operational meeting, as there could be a SPC Trustee member in
attendance.
Staff was directed to confirm if a SPC Trustee will be in attendance; a member of
Council would attend if possible.
12. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events and expressed
condolences to survivors of Congressman Bill Young and sympathies to Dunedin
Commissioner Scales for recent passing of husband.
Council 2013-11-07 15
13. Adjourn
The meeting adjourned at 8:56 p.m.
Attest
,a�f Icetkkos
l
City Clerk
Mayor
City of Clearwater
Council 2013 -11 -07 16