09/07/2006
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
September 7, 2006
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
Hoyt P. Hamilton Councilmember
William C. Jonson Councilmember
John Doran Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Pastor David
McAbee of Everybody's Tabernacle offered the invocation. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4. Presentations
4.1 Legislative Wrap Up - Rep. Kim Berfield – Rescheduled.
4.2 Proclamation - Hispanic Heritage Month – September 15 – October 15, 2006
4.3 Proclamation - September is United Way Month
5. Approval of Minutes
5.1 Approve the minutes of the August 17, 2006, City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Hamilton moved to approve the minutes of the regular meeting of
August 3, 2006, as recorded and submitted in written summation by the City Clerk to
motioncarried
each Councilmember. The was duly seconded and unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Jay Keyes recommended review of the Municipal Code Enforcement appeals
process to allow more latitude regarding what constitutes a sign.
Nicholas Fritsch said increased revenues should be used to reduce taxes.
Council 2006-09-07 1
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the recommended Penny for Pinellas project list, as revised, for Fiscal
Years 2006/07 through 2009/10.
On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance
established the requirement for a special hearing prior to the adoption of the capital
improvement budget to discuss the use of Penny for Pinellas tax, and at any time in
which there is any proposed change to Penny for Pinellas funding of $500,000 or more.
Budget Director Tina Wilson reviewed the changes: eliminate the $725,000 Parks
and Recreation Infrastructure Facility; add $100,000 for construction of a Parks and
Beautification Maintenance Building and $400,000 for renovation and improvement of
the National Guard Armory Building.
Councilmember Petersen moved to approve the recommended Penny for
motion
Pinellas project list, as revised, for Fiscal Years 2006/07 through 2009/10. The
was duly seconded.
In response to a suggestion, consensus was to discuss, in the future, moving the
Sailing Center improvements from the General Fund to Penny for Pinellas funding.
carried
Upon the vote being taken, the motion unanimously.
7.2 Declare as surplus a 5,790 square-foot parcel of City-owned land identified as
being a portion of the East 90 feet of Lot 19, E. A. MARSHALL SUBDIVISION and
vacated State Street right-of-way adjacent on the north, for the purpose of conveying
perpetual non-exclusive easement to Florida Power Corporation, d/b/a Progress Energy
Florida, Inc. for overhead electric transmission and distribution lines and related facilities
as defined therein; and authorize appropriate officials to execute same.
Subsequent to platting CLEARWATER VILLAGE - PHASE ONE in January
2003, the developer approached neighboring property owners, including the City, to
convey easements to Progress Energy to facilitate relocating the existing electrical
transmission line that traversed the length of Freedom Drive, the subdivision's only
roadway. Pathways Community Church (Pathways) and New Zion Missionary Baptist
Church (New Zion) own property that straddle Spring Branch of Stevenson Creek as it
flows west from Kings Highway. Both churches have granted additional easement for
Progress Energy to relocate the transmission facilities east of their present Clearwater
Village alignment.
City conveyance of the subject easement will complete the right-of-way required
for overhead re-routing of the transmission lines to a new monopole tower to be
constructed within the easement granted by Pathways. A portion of the subject
easement lies within land the City co-purchased with a portion of the $1.5-million dollars
the State Department of Environmental Protection (DEP) funded under DEP Agreement
WAP050 for Stevenson Creek projects. DEP has reviewed the proposed relocation plan
and provided written response that the project will not jeopardize DEP grant funds so
long as it does not interfere with the City's ability to construct and maintain the Spring
Council 2006-09-07 2
Branch project as planned. Stipulations contained in the easement conveyance
explicitly establish those requirements.
To further facilitate the relocation project, staff will bring an additional item to
Council proposing the City subordinate existing easement authority it has over and
across Spring Branch to the new easements Pathways and Mt. Zion conveyed to
Progress Energy.
Councilmember Doran moved to approve declaring as surplus a 5,790 square-
foot parcel of City-owned land identified as being a portion of the East 90 feet of Lot 19,
E. A. MARSHALL SUBDIVISION and vacated State Street right-of-way adjacent on the
north, for the purpose of conveying perpetual non-exclusive easement to Florida Power
Corporation, d/b/a Progress Energy Florida, Inc. for overhead electric transmission and
distribution lines and related facilities as defined therein; and authorize appropriate
motioncarried
officials to execute same. The was duly seconded and unanimously.
7.3 Declare as surplus PLAZA PARK, Block D, Lot 6 and the west half of vacated
alley on the east (City parcel), and approve an Agreement For Exchange of Real
Property (Exchange Agreement) between the City and Clearwater Neighborhood
Housing Services, Inc. (CNHS) to exchange title therein for title to PINE CREST SUB.,
Block 2, Lot 7 and one-half of vacated alley adjacent on the north, (CNHS parcel), each
deemed to be of comparable appraised value as stipulated in Section 2.01(d)(5)(iv) of
the City Charter, together with estimated closing costs not to exceed $550, and
authorize appropriate officials to execute same.
CNHS (Clearwater Neighborhood Housing Services) purchased its 50-foot by
152-foot parcel in July 1999 with the intention of constructing affordable housing.
Preliminary to site plan submission, CNHS discovered a 36-inch City stormwater line
running diagonally across the lot, rendering the lot unbuildable. The history of the
stormwater line is unknown, but it encumbers this parcel and other properties in the
vicinity, both improved and unimproved, without easement.
Being unable to build on the lot, CNHS proposes to give it to the City, with
stormwater line intact, in exchange for the City parcel. The City lot is the slightly smaller
of the two; but the lots are both zoned Medium Density Residential and buildable to
equal density absent the stormwater line encumbrance on the CNHS parcel. It is
anticipated that a future Public Works project will be established to re-route the
stormwater line within public right-of-way and abandon all segments now traversing
private property.
As provided in Paragraph 25(B) of the Exchange Agreement, the City will place
sufficient fill dirt on the City parcel to raise its ground elevation to that of the abutting
streets. Public Services has agreed to provide the fill. Each of the parties will pay its
own closing costs to facilitate the exchange. City expenses not to exceed $550 are
estimated for title insurance in the amount of $40,000, plus related closing and recording
expenses. The 50-foot by 145-foot City parcel came into General Fund ownership in
1999 as a result of the City foreclosing about $3,840 in unpaid lot clearing liens and
paying approximately $3,328 in delinquent property taxes. Proceeds from future sale of
the CNHS parcel will accrue in the General Fund once the stormwater line is
abandoned.
Council 2006-09-07 3
Councilmember Hamilton moved to approve declaring as surplus PLAZA PARK,
Block D, Lot 6 and the west half of vacated alley on the east (City parcel), and approve
an Agreement For Exchange of Real Property (Exchange Agreement) between the City
and Clearwater Neighborhood Housing Services, Inc. (CNHS) to exchange title therein
for title to PINE CREST SUB., Block 2, Lot 7 and one-half of vacated alley adjacent on
the north, (CNHS parcel), each deemed to be of comparable appraised value as
stipulated in Section 2.01(d)(5)(iv) of the City Charter, together with estimated closing
costs not to exceed $550, and authorize appropriate officials to execute same. The
motioncarried
was duly seconded and unanimously.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 7646-06 on second reading, annexing certain real property
whose post office address is 1728 Lucas Drive, into the corporate limits of the City and
redefining the boundary lines of the city to include said addition.
Ordinance 7646-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7646-06 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.2 Adopt Ordinance 7647-06 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 1728 Lucas Drive, upon annexation into the City of
Clearwater, as Residential Low.
Ordinance 7647-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7647-06 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.3 Adopt Ordinance 7648-06 on second reading, amending the zoning atlas of the
city by zoning certain real property whose post office address is 1728 Lucas Drive, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7648-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7648-06 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Council 2006-09-07 4
8.4 Adopt Ordinance7659-06 on second reading, vacating the five-foot utility
easement lying along the north property lines of Lots 4, 5, and 6, Block G, Hibiscus
Gardens.
Ordinance 7659-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7659-06 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.5 Adopt Ordinance 7661-06 on second reading, annexing certain real property
whose post office address is 1532 Stevenson's/Stevensons Drive, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 7661-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7661-06 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.6 Adopt Ordinance 7662-06 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 1532 Stevenson's/Stevensons Drive, upon
annexation into the City of Clearwater, as Residential Low and Preservation.
Ordinance 7662-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7662-06 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.7 Adopt Ordinance 7663-06 on second reading, amending the zoning atlas of the
city by zoning certain real property whose post office address is 1532
Stevenson's/Stevensons Drive, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR) and Preservation (P).
Ordinance 7663-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7663-06 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Council 2006-09-07 5
8.8 Adopt Ordinance 7664-06 on second reading, annexing certain real property
whose post office address is 2750 Third Avenue North, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
AND
8.9 Adopt Ordinance 7665-06 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 2750 Third Avenue North, upon annexation into
the City of Clearwater, as Residential Suburban and Preservation.
AND
8.10 Adopt Ordinance 7666-06 on second reading, amending the zoning atlas of the
city by zoning certain real property whose post office address is 2750 Third Avenue
North, upon annexation into the City of Clearwater, as Low Density Residential (LDR)
and Preservation (P).
Councilmember Petersen moved to continue Items 8.8 through 8.10 to a date
motion carried
uncertain. The was duly seconded and unanimously.
City Manager Reports
9. Consent Agenda
- Approved as submitted, less item 9.14.
9.1 Accept FY 2005/2006 Fireman's Fund Heritage Grant in the amount of $15,000
from the Fireman's Fund Insurance Company, approve Grant Compliance Agreement
and authorize the appropriate officials to execute same. (Consent)
9.2 Authorize an amount not to exceed $500,000 to Gallagher Bassett Services, Inc.,
for workers’ compensation claims due and payable for the period October 1, 2006
through September 30, 2007. (Consent)
9.3 Approve including a new Capital Improvement Project in the Capital
Improvement Program entitled “Countryside Community Park Concession and Restroom
Building” in the amount of $450,000 with funding coming from grants and donations.
(Consent)
9.4 Award a Contract (Purchase Order) to Southern Equipment & Machinery of
Palmetto, FL for the purchase of one 2006 John Deere 7220 Tractor with Alamo Boom
Mower at a cost of $99,950, authorize lease purchase under City's master lease
purchase agreement, declare G1889, 1998 New Holland Tractor with Slope Mower, as
surplus to the needs of the City for trade-in and authorize the appropriate officials to
execute same.
9.5 Ratify and confirm Change Order 3 to TLC Diversified, Inc. of Palmetto, Florida
for the “Northeast APCF Filter Rehabilitation & Marshall St. APCF Blower Replacement
Project” (03-0066-UT) which increases the contract amount by $569,146.73 for a new
contract total of $3,294,067.73 and approve a time extension of 285 days and authorize
the appropriate officials to execute same. (Consent)
Council 2006-09-07 6
9.6 Approve a supplemental Work Order with Parsons Engineering Science, Inc. for
construction engineering and inspection services associated with the Biosolids
Treatment Implementation project in the amount of $55,000, for a new purchase order
total of $532,552, and the appropriate officials be authorized to execute same. (Consent)
9.7 Approve a work order with Parsons Engineering Science, Inc. of Tampa, an
Engineer of Record, for Management Services which includes; Planting Contract
Management, Water Quality Monitoring, and Educational Signage for the Kapok Wetland
and Floodplain Restoration Project, in the amount of $115,842,and the appropriate
officials be authorized to execute same. (Consent)
9.8 Accept a perpetual Reclaimed Water Main and Utility Easement containing
6,066.63 square-feet, more or less, and a 120-day temporary construction easement,
over, across and under a portion of Countryside Country Club lying and being situate in
the NW¼ of Section 20, Township 28 South, Range 16 East, conveyed by Countryside
Country Club, Inc., in consideration of receipt of $1and the benefits to be derived
therefrom. (Consent)
9.9 Extend the existing contract with Standard Parking Corp., Tampa, FL for parking
services at the Pier 60, South Gulfview and Courtney Campbell beach parking lots for a
period of 2 additional years beginning October 1, 2006 through September 30, 2008 at a
cost of $975,000 under the same terms and conditions per the original Request for
Proposal 33-03 and authorize the appropriate officials to execute same.
9.10 Reappoint Sandra Jamieson and D. Michael Flanery to the Environmental
Advisory Board with the terms expiring on September 30, 2010 and appoint Joseph A.
Calio, Nelda Gant and Ron Gregory with the term expiring on September 30, 2009.
(Consent)
9.11 Appoint Councilmember Jonson to the Pinellas Suncoast Transit Authority with
the term expiring on September 30, 2009.
9.12 Confirm the Mayor's reappointment of Deborah Woodard to the Clearwater
Housing Authority Board with the term expiring on September 30, 2010.
9.13 Approve interlocal agreement with the City of Largo, City of Pinellas Park, City of
St. Petersburg, City of Tarpon Springs, Juvenile Welfare Board of Pinellas County, and
the School Board of Pinellas County creating the Leadership Council and authorizing the
appropriate parties to execute same. (Consent)
9.14 See page 8.
Councilmember Jonson moved to approve the Consent Agenda as submitted
motion
and that the appropriate officials be authorized to execute same. The was duly
carried
seconded and unanimously.
Councilmember Jonson moved to rescind the motion to approve the Consent
motioncarried
Agenda. The was duly seconded and unanimously.
Council 2006-09-07 7
Councilmember Hamilton moved to approve Consent Agenda items 9.1 through
motion
9.13 and that the appropriate officials be authorized to execute same. The was
carried
duly seconded and unanimously.
9.14 Approve a Settlement Agreement regarding Stowell v. City of Clearwater, Circuit
Court Case 06-3489-CI-7.
Allen J. Stowell and Stowell Properties, LLC filed suit in 2006 against the City of
Clearwater regarding a billboard on the property located at 2815 Gulf-to-Bay Boulevard.
The billboard had previously been the subject of Municipal Code Enforcement Board
proceedings and appeal and an administrative proceeding regarding a Florida
Department of Transportation permit.
This settlement proposal in the Circuit Court case would achieve the City's goal
of achieving compliance with its sign code with respect to the billboard. Under the
agreement, the billboard would be removed seven years following execution of the
agreement, Municipal Code Enforcement Board proceedings would be dismissed by the
City with corresponding dismissal of the code enforcement appeal and the instant case
by Stowell.
In the event development of the site occurs, the billboard will be removed prior to
issuance of certificate of occupancy. Any right to reconstruction during the seven-year
period is limited to a steel monopole at the present height and size. There is no right to
relocate on the property. If the property owner fails to timely remove the billboard, no
notice of default or right to cure exists and the City is entitled to a penalty sum of $1,000
per day as well as the right to enter on the property to remove same and is entitled to
recover the costs of removal.
Councilmember Doran moved to approve a Settlement Agreement regarding
motion
Stowell v. City of Clearwater, Circuit Court Case 06-3489-CI-7. The was duly
seconded. Councilmembers Petersen, Hamilton, Doran, and Mayor Hibbard voted
carried
“Aye”; Councilmember Jonson voted “Nay.” Motion .
10. Other items on City Manager Reports
10.1 Approve an increase of $15,000, from the current exemption of $10,000 to the
maximum allowance of $25,000, to the Additional Homestead Exemption for certain
qualifying low income senior citizens and pass Ordinance 7686-06 on first reading.
In September 2005, the City Council adopted Ordinance 7499-05, which granted
a $10,000 homestead exemption to certain qualifying low-income senior citizens
beginning in tax year 2006. Staff recommends adopting Ordinance 7686-06, Increased
Homestead Exemption for persons 65 and Older, to increase the additional exemption
from $10,000 to the $25,000 maximum allowed by state law for tax year 2007 and
subsequent years.
The Florida Constitution grants many residents an exemption of $25,000 from
their property's assessed value when tax levies are determined. A 1998 constitutional
provision allows municipalities to grant an additional limited homestead exemption to
senior citizens that meet certain income criteria. To be eligible, the person requesting
the exemption must be 65 years of age, have household income below the set threshold
Council 2006-09-07 8
($20,000 in 2000, adjusted annually), and the property must qualify for the original
homestead exemption.
Councilmember Doran moved to approve an increase of $15,000, from the
current exemption of $10,000 to the maximum allowance of $25,000, to the Additional
motion
Homestead Exemption for certain qualifying low-income senior citizens. The
carried
was duly seconded and unanimously.
Ordinance 7686-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance 7686-06 on first reading. The
motion
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
10.2 Approve renewal of a lease agreement between the YWCA of Tampa Bay, Inc.
and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater,
Florida, for a period of three years commencing on November 1, 2006, and terminating
on October 31, 2009, at a rental of $1 per year and authorize the appropriate officials to
execute same.
Councilmember Petersen declared a conflict of interest.
On November 1, 2001, the City Commission (now known as the City Council)
approved a lease agreement between the YWCA of Tampa Bay and the City of
Clearwater for the premises located at 612 Franklin Street in Clearwater for a period of
five years commencing on November 1, 2001 and terminating on October 31, 2006, at a
rental of $1 per year.
The premises have been utilized to create and operate a central “one-stop”
facility that houses many relevant services needed by Clearwater’s Hispanic community.
·The Hispanic Outreach Center (HOC) and the attendant community programs are the
result of a very successful partnership between the YWCA and the Clearwater Police
Department. It is a partnership that has produced much public acclaim and numerous
awards. ·The YWCA and the Police Department wish to continue this partnership and
renew the lease for the premises housing the HOC for an additional 3 years in order that
the Hispanic community can continue to receive the much-needed services provided
there. ·
A current listing of the primary services/programs currently offered at the HOC
includes:·1) Office space for the Lessor’s Police Department Hispanic Outreach Officer.
This police officer serves as the Clearwater Police Department’s primary liaison with the
Hispanic community and is responsible for organizing and implementing the Police
Department’s Hispanic Outreach Program; 2) Interpreter and victim advocacy services
provided by the Lessee. The program currently is funded by Justice Assistance Grant
funds. The Lessee will be responsible for continued funding of this program for the
three-year period of its agreement with the Lessor; 3) Other advocacy or intervention
services. These services will respond to the needs of the Hispanic community and may
include health matters, legal issues, and other concerns identified by the Hispanic
community, the YWCA, or the Clearwater Police Department; 4) ESOL and Spanish
Council 2006-09-07 9
language classes coordinated by the Lessee. The Lessee will coordinate the provision
of English For Speakers of Other Languages (ESOL) classes at the Hispanic Outreach
Center. The Lessee also may make available Spanish language classes to provide
Lessor’s employees the opportunity to learn to speak Spanish; 5) Health outreach and
nutrition education services; 6) Multi-purpose training room. To be jointly used by the
Lessee and Lessor; 7) Youth services. Lessee will administer various Youth Programs
targeted toward at-risk youth from Hispanic and other ethnic or language groups. These
programs will focus on risk reduction and the development of individual and leadership
skills needed in adulthood. ·
The YWCA will be responsible for all maintenance of the inside of the premises
and for all utility costs. The City will be responsible for all maintenance of the exterior of
the premises, including the building and grounds. Either party may terminate the
agreement on thirty days written notice if any single item of maintenance or repair
exceeds $10,000.
Councilmember Hamilton moved to approve renewal of a lease agreement
between the YWCA of Tampa Bay, Inc. and the City of Clearwater for the premises
located at 612 Franklin Street, Clearwater, Florida, for a period of three years
commencing on November 1, 2006, and terminating on October 31, 2009, at a rental of
motion
$1 per year and authorize the appropriate officials to execute same. The was
duly seconded. Councilmembers Hamilton, Jonson, and Doran, and Mayor Hibbard
carried
voted “Aye”; Councilmember Petersen abstained. Motion .
10.3 Approve amending the Code of Ordinances to establish the Construction Project
Delivery Method referred to as “Design-Build” and the procedure to be followed in
selecting firms to provide Design Build Services and Negotiating Design-Build Contracts;
amending Section 2.541 to add design-build definitions and creating a new Section
2.601 to outline procedures for awarding design-build contracts and pass Ordinance
7654-06 on first reading.
Public Works Administration has investigated alternative construction delivery
methods in an attempt to establish flexibility in the delivery of construction projects. Staff
desires the ability to better control costs, especially during this time of uncertainty in the
construction market, specifically but not limited to long term and high dollar projects.
In order to accomplish this, use of an alternative delivery method referred to as
“design-build,” which is a construction project delivery method or approach involving a
single contract for both the design and construction of a project, is requested. The
design-build construction project delivery method and the procedures for awarding such
a contract are authorized per Florida Statute Section 287.055 and Florida Administrative
Code 60D-13.001 – 13.009.
Upon approval of Council, the award of a single design-build contract may, in
addition to the design and construction of the project, include the financing, operation
and/or maintenance of the project over the contractually defined period of time. Request
for proposals are solicited from design/builders, usually teams of contractors and
designers, during the conceptual design phase. This ordinance will allow us to use the
Design-Build delivery method for future projects.
Council 2006-09-07 10
Councilmember Jonson moved to approve amending the Code of Ordinances to
establish the Construction Project Delivery Method referred to as “Design-Build” and the
procedure to be followed in selecting firms to provide Design Build Services and
Negotiating Design-Build Contracts; amending Section 2.541 to add design-build
definitions and creating a new Section 2.601 to outline procedures for awarding design-
motioncarried
build contracts. The was duly seconded and unanimously.
Ordinance 7654-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7654-06 on first reading. The
motion
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
10.4 Subordinate City right, title and interest in 33,526 square-feet, more or less, of
easements recorded in O. R. Book 2940, Page 48, O. R. Book 3146, Page 298 and O.
R. Book 12596, Page 1358, Pinellas County public records (City Easements), to those
Power Easements conveyed to Florida Power Corporation, d/b/a Progress Energy
Florida, Inc., by New Zion Missionary Baptist Church dated October 20, 2005, containing
6,567 square-feet, more or less, and by Pathways Community Church, Inc. dated April
11, 2005, (acknowledged April 11, 2006) containing 33,397 square-feet, more or less
(Power Easements) as same may overlap and encroach upon City Easements, subject
to reservations and provisions defined in the Easement Subordination instrument, and
authorize appropriate officials to execute same.
The developer of CLEARWATER VILLAGE - PHASE ONE approached
neighboring property owners, including the City, to convey easements to Progress
Energy (PE) that will allow re-routing the existing electrical transmission line that
traverses the length of Freedom Drive, the subdivision's only roadway. Council has
acted earlier in this meeting to convey a 5,790 square-foot easement to PE over and
across a portion of Lot 19, E. A. MARSHALL SUBDIVISION, and former adjacent State
Street right-of-way, for the purpose of installing and maintaining overhead electrical
transmission and distribution lines and related facilities (New Easement). The New
Easement facilitates relocating and extending the subject electric lines into the
referenced Power Easements conveyed to PE by New Zion Missionary Baptist Church
and Pathways Community Church, Inc.
The City Easements already overlap and encumber major portions of the Power
Easements. The City Easements are essential to constructing and maintaining the City's
Spring Branch flood control project (Spring Branch) anticipated to commence in 2007.
The City currently is seeking cooperative funding from the Southwest Florida Water
Management District to fund 50% of project construction costs. While the subject action
subordinates the City Easements to Progress Energy's authority vested by the Power
Easements, the City explicitly reserves all rights and interests in the City Easements
sufficient to construct and maintain Spring Branch, or modify the project so long as the
changes do not unreasonably interfere with Progress Energy rights. City staff has
determined that the rights being subordinated for the subject relocation will not inhibit the
construction or maintenance of the Spring Branch project, as provided for in DEP
Agreement WAP050.
Council 2006-09-07 11
Councilmember Doran moved to approve subordinating City right, title and
interest in 33,526 square-feet, more or less, of easements recorded in O. R. Book 2940,
Page 48, O. R. Book 3146, Page 298 and O. R. Book 12596, Page 1358, Pinellas
County public records (City Easements), to those Power Easements conveyed to Florida
Power Corporation, d/b/a Progress Energy Florida, Inc., by New Zion Missionary Baptist
Church dated October 20, 2005, containing 6,567 square-feet, more or less, and by
Pathways Community Church, Inc. dated April 11, 2005, (acknowledged April 11, 2006)
containing 33,397 square-feet, more or less (Power Easements) as same may overlap
and encroach upon City Easements, subject to reservations and provisions defined in
the Easement Subordination instrument, and authorize appropriate officials to execute
motioncarried
same. The was duly seconded and unanimously.
10.5 Appoint one member to the Library Board with the term expiring on August 31,
2010.
Councilmember Jonson moved to appoint Michele Krentzman and Robert
motion
Brumback to the Library Board with terms expiring on August 31, 2010. The
carried
was duly seconded and unanimously.
Miscellaneous Reports and Items
11. City Attorney Reports
11.1 Adopt Resolution 06-48, finding that significant legal rights will be compromised if
litigation challenging amendments to the Pinellas County Charter does not proceed
before the dispute resolution process established by Chapter 164, Florida Statutes.
The City Council of the City of Clearwater adopted Resolution 06-46 on August 3,
2006, authorizing the institution of litigation challenging placement on the November 7,
2006 ballot, certain proposed amendments to the Pinellas County Charter. The City of
Clearwater intends to seek injunctive relief to prevent the referenda election on the
County Charter amendments from being included on the November 7, 2006 ballot; and If
the City is unable to proceed with having this matter heard prior to the election of
November 7, 2006, the City may waive certain legal arguments that it wishes to raise in
its challenge to the referenda election. Section 164.1041(2) allows a governmental
entity to determine that the dispute resolution process provided in Chapter 164 does not
need to be followed upon a finding that significant legal rights will be compromised if a
court proceeding does not take place before the dispute resolution process.
Councilmember Hamilton moved to find that significant legal rights will be
compromised if litigation challenging amendments to the Pinellas County Charter does
not proceed before the dispute resolution process established by Chapter 164, Florida
motion carried
Statutes. The was duly seconded and unanimously.
Resolution 06-48 was presented and read by title only. Councilmember Jonson
moved to pass and adopt Resolution 06-48 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Council 2006-09-07 12
.
.
.
12.
City Manager Verbal Reports
The City Manager reported receipt of the Department of Environmental
Protection comfort letter regarding the Balk property.
13. Other Council Action
Mavor Hibbard requested approval of $40,000 to fund the City's portion of an
education campaign regarding proposed County Charter revisions.
Councilmember Hamilton moved to approve $40,000 to fund the City's portion of
an education campaign regarding proposed County Charter revisions. The motion was
duly seconded and carried unanimously.
Mayor Hibbard requested the October 17, 2006 Work Session be rescheduled to
October 16, 2006 at 8:30 a.m. Consensus to do so.
Councilmembers reported on events in which they recently participated and
reviewed upcoming events, expressed condolences to Cookie Gilreath's family,
congratulated Gulfview Resort on renovations; congratulated election winners.
Mayor Hibbard thanked the Salterreli family and MainStreet volunteers for their
contributions; offered condolences to families of Johnny Long and AI Wallace; reported
Tampa Bay Partnership wants a regional transportation board.
Councilmember Doran reported Paige Reilly won another sailing tournament.
Councilmember Jonson requested that traffic laws be obeyed; requested a copy
of the Convention & Visitors Bureau report on tourist contributions to sales taxes;
announced his appointment to the Florida League of Cities Task Force on Community
Housing; reported Tampa Bay Estuary may modify estuary boundaries.
14. Adjourn
The meeting adjourned at 7:10 p.m.
--::t. , ~ " ~
..JAt!fyor
City of Clearwater
Council 2006-09-07
13
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
T NAME-FIRST NAME-MIDDLE NAME
Petersen Carlen
MAILING ADDRESS
2
CITY
NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE
COUNTY
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY Q COUNTY Q OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
City of Clearwater
MY POSITION IS:
DATE ON WHICH VOTE OCCURRED
September 7, 2006
~ ELECTIVE
Q APPOINTIVE
WHO MUST FILE FORM 88
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
.es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
.le 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
~ou or at your direction.
.OU 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)
CE FORM 88 - EFF. 1/2000
PAGE 1
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:
o "
.
. 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,
Carlen Petersen
, hereby disclose that on Spptpmhpr 7
, 20 -0.6..-:
(a) A measure came or will come before my agency which (check one)
XX 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
whom I am retained; or
inured to the special gain or loss of
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:
. by
,which
ill 0 . 2
Approve renewal of a lease agreement between the YWCA of Tampa Bay, Inc.
and the City of Clearwater.
Member of YWCA Board.
~ G r:v::u tv
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 3112.317, 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 88 - EFF. 1/2000
PAGE 2