09/21/2006
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
September 21, 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
Rosemarie Call Management Analyst
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Reverend Jack
Alwood, Bethel Presbyterian Church, 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 – Given.
4.1 State Legislative Session Report - Rep. Kim Berfield
State Representative Kim Berfield reviewed the 2006 State Legislative Session
and presented the City with a $200,000 FRDAP (Florida Recreation Development
Assistance Program) grant for the East/West Trail Renovations Project.
4.2 Service Award - One service award was presented to a City employee.
4.3 APGA 5 Year Safety Award for 2001 – 2005 to Clearwater Gas
4.4 Proclamation - Library Card Sign-Up Month - September 2006
4.5 Proclamation - Public Natural Gas Week October 1-7, 2006
4.6 Proclamation - Somebody Cares Tampa Bay
4.7 Proclamation - Clearwater Jazz Holiday - October 19-22, 2006
4.8 Proclamation - Commuter Choices Week - September 25-29, 2006
5. Approval of Minutes
5.1 Approve the minutes of the September 7, 2006, City Council Meeting as
submitted in written summation by the City Clerk.
Council 2006-09-21 1
AND
5.2 Approve the minutes of the September 5, 2006, Council Special Meeting as
submitted in written summation by the City Clerk.
Councilmember Hamilton moved to approve the minutes of the regular meeting of
September 7, 2006 and the special meeting of September 5, 2006, as recorded and
motion
submitted in written summation by the City Clerk to each Councilmember. The
carried
was duly seconded and unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Tom Selhorst complained regarding fines and penalties assessed against him.
John Wiser thanked Councilmembers Petersen and Doran for attending Mr. &
Mrs. Countryside event; asked for alterative forms of irrigation for two medians on
Countryside Boulevard between US19 and 580.
Steve Sarnoff, CWA Union Rep said the quality of life in Clearwater is why
people come here; asked Council and City management to work with employees to
identify improvements.
Joe Evich and John Soltis expressed concerns regarding reclaimed water service
plans for Morningside and beach communities.
Rick Wagner asked the City to find ways to avoid costly litigation re firefighters.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the applicant's request to vacate the 16-foot alley portion that lies
adjacent to the rear property line of Lot 5, Block 16, Milton Park, (a.k.a. 711 Pinellas
Street), subject to a condition of approval, and approve Ordinance 7688-06 on first
reading, (VAC2006-10 Critchley).
The applicant is seeking vacation of the alley to extend the southerly boundary of
the subject property. Presently, the property is being cleaned and upgraded for use as
an attorney's office. The alley lying to the west of the subject parcel has been vacated
with a drainage and utility easement retained over the full width of the alley. The alley
portion subject of this request is presently not in use by the general public. Progress
Energy, Verizon, Brighthouse Cable and Knology have no objections to the vacation
request. The City of Clearwater has a sanitary sewer main in the subject alley. Public
Works Administration has no objections to the vacation request provided that a drainage
and utility easement is retained over the full width of the alley.
Councilmember Petersen moved to approve the applicant's request to vacate the
16-foot alley portion that lies adjacent to the rear property line of Lot 5, Block 16, Milton
Park, (a.k.a. 711 Pinellas Street), subject to a condition of approval. (VAC2006-10
Critchley). The motion was duly seconded and carried unanimously.
Council 2006-09-21 2
Ordinance 7688-06 was presented for first reading and read by title only.
motion
Councilmember Doran moved to pass Ordinance 7688-06 on first reading. The
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Hamilton.
7.2 Adopt the Final Evaluation and Appraisal Report of the Clearwater
Comprehensive Plan and PASS Resolution 06-49.
Comments and recommended revisions have been received from the Department
of Community Affairs (DCA), Florida Department of Transportation (FDOT), Southwest
Florida Water Management District (SWFWMD) and Planning staff. The
recommendations have been listed in the revisions matrix, and include actions taken in
response to these recommendations. Some of the major changes include: ·City’s vision,
as reflected in the Final EAR now reads “beautiful and vibrant waterfront community”
·The EAR now recognizes the Courtney Campbell Causeway as Scenic Highway. ·The
implementation of Transportation Concurrency Exception Areas (TCEA) will be done in
compliance with prior commitments to the maintenance of US 19, and in coordination
with state, county and local governments in the region. ·Provide data to show how the
comprehensive plan is financially feasible, is linked to funding sources and is not
dependent upon tenuous funds. ·Addresses the requirements of House Bill 955 to
require comprehensive plans to include waterways in the comprehensive system of
public and private sites for recreation and to include in the coastal management element
strategies that will be used to preserve recreation and commercial working waterfronts
defined in section 342.07, F.S. ·The issue of public safety concurrency has been
addressed in the first Issue of Local Concern (Redevelopment) rather than in the general
concurrency discussion. The proposed review of the Final EAR is consistent with
Florida Statutes and the Planning Department recommends approval.
Councilmember Hamilton moved to adopt the Final Evaluation and Appraisal
motion
Report of the Clearwater Comprehensive Plan. The was duly seconded and
carried
unanimously.
Resolution 06-49 was presented and read by title only. Councilmember Jonson
moved to pass and adopt Resolution 06-49 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.
"Nays": None.
Absent: Hibbard.
7.3 Amend and adopt Ordinance 7673-06 on second and final reading; amending the
millage rate from 5.42 mills at first reading of the ordinance to 5.2530 at second reading;
Council 2006-09-21 3
declaring the millage rate to be levied for the fiscal year beginning October 1, 2006 and
ending September 30, 2007, for operating purposes including the funding of pensions,
debt service and road maintenance for capital improvement expenditures at 5.2530
mills.
The City Charter, Pinellas County regulations, and Florida State Statutes outline
requirements that must be met for the City to be able to levy taxes and fees and spend
resources on mandated or desired goods and services. The adoption of this amended
ordinance is an integral part of fulfilling these requirements. On June 30, 2006, the City
Manager presented to the City Council a detailed Preliminary Annual Operating Budget
that outlined estimated revenues and proposed expenditures for the 2006/07 fiscal year.
Copies of this document were made available to residents and the news media. The
budget was discussed at several City Council meetings earlier this summer. The
Council approved a tentative millage rate of 5.42 mills on July 20, 2006. Ordinance
7673-06 was presented to the Council for First Reading on September 5, 2006, and a
tentative millage rate of 5.42 mills was approved at that meeting. A subsequent
discussion at the September 18, 2006 Council Work Session provided direction to
reduce the millage further to provide a one-half mill decrease from the 2005/06 millage
rate of 5.753 mills. The amended Ordinance 7673-06 is now presented in order to adopt
the final millage rate of 5.2530 mills for fiscal year 2006/07. The levy of 5.2530 mills
constitutes an 11% increase over the rolled back rate of 4.7326 mills.
Ordinance 7673-03 was presented and read in full.
Twenty people spoke, concerned regarding increased taxes.
Discussion ensued with comments that rising property taxes and homeowner’s
insurance are issues being felt statewide. It was remarked that Council plans to appoint
a citizen task force to review the budget. It was suggested citizens also contact their
legislators regarding those issues that have to be addressed at the State level.
Discussion ensued regarding moving the funding for the beach guards and the
Jolley Trolley from the parking fund to the general fund. It was suggested this be done
in two stages, half this year and half the next.
Councilmember Jonson moved to return $452,305 to the parking fund from the
motioncarried
general fund. The was duly seconded and unanimously.
The Council recessed from 9:09 to 9:29 p.m.
Councilmember Hamilton moved to amend Ordinance 7673-06 on second
reading changing the millage rate to 5.2088 mills, an increase of 10.6% over the roll
back rate of 4.7326. The motion was duly seconded and carried unanimously.
Councilmember Hamilton moved to adopt Ordinance 7673-06 on second
motion
reading, as amended. The was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran and Hibbard.
"Nays": None.
Council 2006-09-21 4
7.4 Amend and adopt Ordinance 7674-06 on second and final reading to decrease
the 2006/07 City of Clearwater Annual Operating Budget by $1,709,000, reducing
budgeted General Fund salaries by $501,000; increasing the contribution to the Florida
Orchestra by $20,000; decreasing the subsidy to the Jolley Trolley by $28,000;
decreasing the subsidy to the Performing Arts Center and Theater, Inc. (PACT)
$300,000; decreasing the contribution to the Capital Improvement Program for street
and sidewalk improvement and maintenance by $500,000; changing the funding source
of the Sailing Center Expansion project in the amount of $400,000 from General Fund to
Penny for Pinellas; and adopt Ordinance 7674-06 as amended on second reading,
adopting the City of Clearwater Annual Operating Budget for 2006/07.
The City Charter, Pinellas County regulations, and Florida State Statutes outline
requirements that must be met for the City to be able to levy taxes and fees and spend
resources on mandated or desired goods and services. The adoption of this ordinance
and two related ordinances are an integral part of fulfilling these requirements. On June
30, 2006 the City Manager presented to the City Council a detailed Preliminary Annual
Operating Budget that outlined estimated revenues and proposed expenditures for the
2006/07 fiscal year. Copies of this document were made available to residents and the
news media. The budget was discussed at several City Council meetings earlier this
summer. Ordinance 7674-06 was presented to the Council for First Reading on
September 5, 2006 and subsequent to discussions an amended Ordinance 7674-06 is
now presented in order to adopt the operating budget for fiscal year 2006/07 and
authorize the City Manager to issue instructions to achieve and accomplish authorized
services. Based upon general direction from the City Council at the September 18, 2006
Work Session, the Operating Budget for fiscal year 2006/07 is amended at second and
final reading to decrease salaries by $501,000; increase the contribution to the Florida
Orchestra by $20,000; decrease the subsidy to the Jolley Trolley by $28,000; decrease
the subsidy to the Performing Arts Center and Theater, Inc. (PACT) by $300,000;
decrease the contribution to the Capital Improvement Program for street and sidewalk
improvement and maintenance by $500,000; and change the funding source of the
Sailing Center Expansion project in the amount of $400,000 from General Fund to
Penny for Pinellas. The amendments result in a $1,709,000 net decrease to the
2006/07 annual operating budget.
Councilmember Jonson moved to amend 0rdinance 7674-06 on second reading:
reduce the beach guard program in the general fund by $452,310, increase the parking
fund by $452,310, decrease property tax revenues to $50,277,930, resulting in total
general fund revenues of $121,902,700, and total all funds revenues to $337,677,410;
amend the exhibit for budgeted expenditures to show budgeted expenditures for Marine
and Aviation in the general fund as $731,890 and total general fund expenditures of
$121,902,700; increase parking fund expenditures to $4,113,090 and total all funds
expenditures to $333,264,900. The motion was duly seconded and carried
unanimously.
Ordinance 7674-06 was presented for second reading as amended and read by
title only.
Two individuals spoke requesting additional reductions.
Council 2006-09-21 5
Councilmember Petersen moved to pass and adopt Ordinance 7674-06 on
second and final reading as amended. The motion was duly seconded and upon roll
call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
7.5 Amend and adopt Ordinance 7675-06 on second reading to include the $450,000
project for the Countryside Community Park Concession and Restroom Building funded
from grants and donations approved by the Council on September 7, 2006; change the
funding source of the Sailing Center Expansion project in the amount of $400,000 from
General Fund to Penny for Pinellas; reduce the road millage funding in the Streets,
Sidewalks & Bridges project by $500,000 from $3,488,030 to $2,988,030; adopt
Ordinance 7675-06 as amended on second reading, adopting the Fiscal Year 2006/07
Capital Improvement Budget; and approve a six-year plan for the Capital Improvement
Program (CIP).
The City Charter, County regulations and Florida State Statutes outline
regulations that require local governments to prepare and adopt comprehensive
planning and development programs. The Capital Improvement Program plan provides
the mechanism to meet these requirements. Major physical undertakings costing
$25,000 or more and having a useful life of at least three years are defined as "capital"
projects and are accounted for in the Capital Improvement Program. On June 30, 2006,
the City Manager presented to the City Council detailed proposed operating and capital
improvement budgets. The Capital Improvement Program budget outlines projects and
funding sources for $62.7 million of projects to be undertaken in fiscal year 2006/07.
The 2006/07 budget also contains a six-year plan, which outlines projects and funding
sources for each of the next six years totaling $350.6 million. Each of these plan years
will be reviewed and revised as needed, and budgets presented for formal budget
adoption in subsequent years. The adopted Capital Improvement Budget can be
amended with Council approval through the quarterly budget review process. The
capital budget in fiscal year 2006/07 has been amended at second reading to include the
$450,000 project for the Countryside Community Park Concession and Restroom
Building funded from grants and donations approved by the Council on September 7,
2006. In addition, the funding source of the Sailing Center Expansion project in the
amount of $400,000 has been changed from General Fund to Penny for Pinellas and the
road millage funding in the Streets, Sidewalks & Bridges project has been reduced by
$500,000 from $3,488,030 to $2,988,030.
Councilmember Doran moved to amend Ordinance 7675-06 on second and final
reading to include the $450,000 project for the Countryside Community Park Concession
and Restroom Building funded from grants and donations approved by the Council on
September 7, 2006; change the funding source of the Sailing Center Expansion project
in the amount of $400,000 from General Fund to Penny for Pinellas; reduce the road
millage funding in the Streets, Sidewalks & Bridges project by $500,000 from $3,488,030
to $2,988,030. The motion was duly seconded and carried unanimously.
Councilmember Hamilton moved to pass and adopt Ordinance 7675-06 on
second and final reading as amended. The motion was duly seconded and upon roll
call, the vote was:
Council 2006-09-21 6
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8. Quasi-judicial Public Hearings
8.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the
County Residential Urban (RU) Category to the City Residential Urban (RU) Category
and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to
the City Low Medium Density Residential (LMDR) District for 3012 Tennessee Avenue
(Lot 9, Block 4, Bay View City Subdivision in Section 16, Township 29 South and Range
16 East); and Pass Ordinance 7680-06, 7681-06 & 7682-06 on first reading.
This subject property is located at 3012 Tennessee Avenue, on the north side of
the street approximately 175 feet west of Meadow Lark Lane. The applicant is
requesting this annexation in order to consolidate two lots under a single jurisdiction.
The property is contiguous with the existing City boundaries to the south and east;
therefore, the proposed annexation is consistent with Pinellas County requirements with
regard to voluntary annexation. It is proposed that the abutting Tennessee Avenue right-
of-way not currently in the City limits also be annexed. The subject site is approximately
0.147-acres in area and is currently vacant. Currently, there are no development plans.
The owner plans to use as open space for his adjacent property. It is proposed that the
property be assigned Future Land Use Plan designation of Residential Urban (RU) and a
zoning category of Low Medium Density Residential (LMDR). The Planning Department
determined that the proposed annexation is consistent with the following standards
specified in the Community Development Code: ·The proposed annexation will not have
an adverse impact on public facilities and their level of service. ·The proposed
annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and
the Community Development Code. ·The proposed annexation is contiguous to existing
municipal boundaries, represents a logical extension of the city boundaries and does not
create an enclave. This annexation has been reviewed by the Pinellas Planning Council
(PPC) County staff in accordance with the provisions of Pinellas County Ordinance No.
00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached
report (ANX2006-05017) for the complete staff analysis. The Community Development
Board reviewed this proposed annexation at its regularly scheduled meeting on August
15, 2006 and unanimously recommended approval.
Councilmember Jonson moved to approve the Petition for Annexation, Future
Land Use Plan Amendment from the County Residential Urban (RU) Category to the
City Residential Urban (RU) Category and Zoning Atlas Amendment from the County R-
3, Single-Family Residential District to the City Low Medium Density Residential (LMDR)
District for 3012 Tennessee Avenue (Lot 9, Block 4, Bay View City Subdivision in
motion
Section 16, Township 29 South and Range 16 East). The was duly seconded
carried
and unanimously.
Ordinance 7680-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7680-06 on first reading. The
motion
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
Council 2006-09-21 7
"Nays": None.
Ordinance 7681-06 was presented for first reading and read by title only.
motion
Councilmember Doran moved to pass Ordinance 7681-06 on first reading. The
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7682-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance 7682-06 on first reading. The
motion
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.2 Approve the Petition for Annexation, Future Land Use Plan Amendment from the
County Residential Low (RL) Category to the City Residential Low (RL) Category and
Zoning Atlas Amendment from the County AE, Agricultural Estate Residential District to
the City Low Medium Density Residential (LMDR) District for 1885 CR 193 (Consisting
of Metes and Bounds 41-03, In Section 5, Township 29 South, Range 16 East); and
Pass Ordinance 7683-06, 7684-06 & 7685-06 on first reading.
This annexation involves a 2.61-acre property consisting of one parcel, which is
located approximately 500 feet south of the intersection of Sunset Point Road and CR
193. The property is located within an enclave and is contiguous to existing City
boundaries; therefore, the proposed annexation is consistent with Pinellas County
requirements with regard to voluntary annexation. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the City. The
subject property is occupied by a single family detached dwelling. It is proposed that the
property be assigned a Future Land Use Plan designation of Residential Low (RL) and a
zoning category of Low Medium Density Residential (LMDR). The Planning Department
determined that the proposed annexation is consistent with the following standards
specified in the Community Development Code: ·The proposed annexation will not have
an adverse impact on public facilities and their level of service. ·The proposed
annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and
the Community Development Code. ·The subject site is located within an enclave, is
contiguous to city boundaries and reduces the enclave. This annexation has been
reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the
provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections
have been raised. The Community Development Board reviewed this proposed
annexation at its regularly scheduled meeting on August 15, 2006 and unanimously
recommended approval.
Councilmember Jonson moved to approve the Petition for Annexation, Future
Land Use Plan Amendment from the County Residential Low (RL) Category to the City
Residential Low (RL) Category and Zoning Atlas Amendment from the County AE,
Agricultural Estate Residential District to the City Low Medium Density Residential
Council 2006-09-21 8
(LMDR) District for 1885 CR 193 (Consisting of Metes and Bounds 41-03, In Section 5,
motioncarried
Township 29 South, Range 16 East). The was duly seconded and
unanimously.
Ordinance 7683-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7683-06 on first reading. The
motion
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7684-06 was presented for first reading and read by title only.
motion
Councilmember Doran moved to pass Ordinance 7684-06 on first reading. The
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7685-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance 7685-06 on first reading. The
motion
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.3 Approve the Future Land Use Plan Amendment from the Commercial General
(CG) category to the Residential Urban (RU) category and Zoning Atlas Amendment
from the Commercial (C) District to the Medium Density Residential (MDR) District for
property located at 1101 Howard Street (Lots 77-80, Carolina Terrace Annex) and Pass
Ordinance 7667-06 and 7668-06 on first reading.
The subject site is comprised of one parcel of land totaling 0.476 acres located at
1101 Howard Street. It is located on the southeast corner of Martin Luther King Jr.
Avenue and Howard Street. The applicant is requesting to amend the Future Land Use
Plan Map designation of this site from the Commercial General (CG) category to the
Residential Urban (RU) category and to rezone it from the Commercial (C) District to the
Medium Density Residential (MDR) District in order to construct four (4) single-family
detached dwellings. The Planning Department determined that the proposed future land
use plan amendment and rezoning applications are consistent with the following
standards specified in the Community Development Code: ·The proposed land use plan
amendment and rezoning application are consistent with the Comprehensive Plan. ·The
proposed use is compatible with the surrounding area. ·Sufficient public facilities are
available to serve the property. ·The applications will not have an adverse impact on the
natural environment. In accordance with the Countywide Plan Rules, the land use plan
amendment is subject to the approval of the Pinellas Planning Council and the Board of
County Commissioners acting as the Countywide Planning Authority. Review and
approval by the Florida Department of Community Affairs is not required. The
Council 2006-09-21 9
Community Development Board reviewed these applications at its public hearing on
August 15, 2006 and unanimously recommended approval of the application.
Councilmember Jonson moved to approve the Future Land Use Plan
Amendment from the Commercial General (CG) category to the Residential Urban (RU)
category and Zoning Atlas Amendment from the Commercial (C) District to the Medium
Density Residential (MDR) District for property located at 1101 Howard Street (Lots 77-
motioncarried
80, Carolina Terrace Annex). The was duly seconded and unanimously.
Ordinance 7667-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7667-06 on first reading. The
motion
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7668-06 was presented for first reading and read by title only.
motion
Councilmember Doran moved to pass Ordinance 7668-06 on first reading. The
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 7654-06 on second reading, 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, Code of Ordinances to add
definitions, and creating a new Section 2.601 to outline procedures for awarding design-
build contracts.
Ordinance 7654-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7654-06 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.
9.2 Adopt Ordinance 7686-06 on second reading, amending Chapter 29 of the Code
of Ordinances to increase the additional homestead exemption for persons 65 and older
from $10,000 to $25,000.
Ordinance 7686-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7686-06 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
Council 2006-09-21 10
"Nays": None.
City Manager Reports
10. Consent Agenda Approved as submitted, less Item 10.16.
-
10.1 Approve an Agreement between the City of Clearwater and the Clearwater
Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2006-2007
in return for funding in the amount of $190,000 and authorize the appropriate officials to
execute same.
10.2 Authorize settlement of the workers' compensation claim of John Moros, in its
entirety to include medical, indemnity and attorney fees, costs, and liability claim for the
sum of $65,000 and authorize the appropriate officials to execute same. (consent)
10.3 Approve a new Capital Improvement Project (CIP) for the installation of gas
mains within the City of Clearwater residential communities; approve the initial funding of
this CIP with $157,200 from General Fund Retained Earnings; and approve in concept
the August 2006 proposal “Extension of Natural Gas Mains in Existing Residential
Communities within the City of Clearwater”. (consent)
10.4 Approve the Award of Bid 29-06 Installation of Gas Mains and Service Lines at
Various Locations in the amount of $1,185,000 (actual bid of $983,914) and approve the
issuance of a Purchase Order to Mastec North America, Incorporated 7221 East Martin
Luther King Jr. Boulevard Tampa, Florida 33619 in the amount of $1,098,750 for the
period October 1, 2006 to September 30, 2007 and authorize the appropriate officials to
execute same. (consent)
10.5 Authorize the renewal of a contract for health insurance with United HealthCare
under a fully insured funding arrangement for the contract period of January 1, 2007, to
December 31, 2007, at a total not to exceed cost of $16,500,000 which includes
estimated City ($11,700,000), employee ($3,400,000), and retiree ($1,400,000)
premiums, and award a three-year contract to Unipsych Benefits of Florida, Inc. for EAP
and mental health/substance abuse coverage for City employees and their covered
dependents for a not to exceed amount of $200,000 ($180,000 for current employees
and $20,000 for retirees) per year for a total of $600,000 for the period January 1, 2007
through December 31, 2009.
10.6 Award a contract to State of Florida, Department of Management Services,
Tallahassee, Florida - Suncom long distance service, State AIN Centranet lines, and toll
free long distance lines during the period October 1, 2006 through September 30, 2007
at a cost not to exceed $183,250.
10.7 Award a contract to Verizon Florida, Inc., Saint Petersburg, Florida - Telephone
service including frame relay internet service, T1's, Centranet trunks, directory
advertising, long distance overflow, and credit/collect calls during the period October 1,
2006 through September 30, 2007, at a cost not to exceed $429,950 and authorize the
appropriate officials to execute same. (consent)
Council 2006-09-21 11
10.8 Award a contract to Sprint/Nextel, Los Angeles, California - Cellular/radio service
during the period October 1, 2006 through September 30, 2007 at a cost not to exceed
$218,880.
10.9 Approve FY 06/07 Blanket Purchase Orders to Baker & Taylor Books -$250,000;
Ingram Book Company - $130,000; and Ebsco Subscription Services - $100,000.
10.10 Consider Parks and Recreation Board recommendation to rename the East West
Recreation Trail that currently runs from Bayshore Boulevard to the Long Center to
Ream Wilson Clearwater Trail. (consent)
10.11 Award a contract between the City of Clearwater and TriTech Software Systems,
in the amount of $894,721.00, to replace the Clearwater Police Department’s Computer-
Aided Dispatch System, software for the implementation of mobile CADS data, and two
(2) servers. This replacement is contingent upon the approval of two (2) earmark grant
budget amendments, totaling $939,295.00, by the United States Department of Justice,
and that the appropriate officials be authorized to execute same.
10.12 Award a contract to Smith & Wesson, Springfield, MA, for the purchase of 300
Smith & Wesson, Model M&P40, .40 caliber weapons at a cost of $123,000; and declare
surplus and authorize trade-in of 300 Walther P990 .40 caliber weapons for a credit of
$78,600 (net cost $44,400) in accordance with Sec. 2.564 (1)(e) - Impractical to bid, and
authorize officials to execute same. (consent)
10.13 Request approval for the City of Clearwater to enter into agreements of
understanding with significant reclaimed water users: Chi Chi Rodriguez Youth
Foundation, Inc.; Clearwater Country Club, Inc.; Countryside Country Club, Inc.; and the
Parks & Recreation Department, to clarify liability, obligations and responsibilities to the
Florida Department of Environmental Protection, and new metering rate structure.
10.14 Accept a 5-foot Sanitary Easement over, under and across the West 5 feet of Lot
135, GLENWOOD SUBDIVISION, conveyed by Flores, L.L.C., a Florida limited liability
company, given in consideration of receipt of $1.00 and the benefits to be derived
therefrom.
10.15 Accept an 18-month temporary construction easement containing 4,950 square
feet, and a perpetual Drainage and Utility Easement containing 1,382.68 square feet,
more or less, over, across and upon a portion of Lot 25, HILLCREST ESTATES FIRST
ADDITION, conveyed by Brian R. and Marian Pingor, husband and wife (Grantor), in
consideration of receipt of $1.00 and the benefits to be derived therefrom.
10.16 See Page 13.
10.17 Approve purchase of excess liability, crime, EMS policies, boiler & machinery,
marina operations liability, and flood insurance coverages for an amount not to exceed
$580,000, authorize appropriate officials to execute same and authorize staff to
negotiate and purchase property insurance coverage for expiring/expired layers of
property insurance if cost effective and to self insure those layers for which cost effective
insurance is not available, such purchases to be brought back to the Council as a ratify
and confirm at the next subsequent Council meeting.
Council 2006-09-21 12
Councilmember Jonson moved to approve the Consent Agenda as submitted,
less Item #10.16 and that the appropriate officials be authorized to execute same. The
motioncarried
was duly seconded and unanimously.
10.16. Approve a renewable 5-year term interlocal agreement with Pinellas County
Government allowing the County to use the Ross Norton Recreational Facility as a
Public Disaster Shelter and authorize the appropriate officials to execute same.
Pinellas County Emergency Management staff was contacted regarding the
potential use of the soon-to-be-constructed Morningside Recreational Facility, Ross
Norton, and the North Greenwood Recreation facilities for public disaster shelters to be
operated by the County. Pinellas County Emergency Management expressed interest
and commissioned a shelter feasibility study of the two existing facilities. The Ross
Norton facility passed the American Red Cross Shelter Survey method (Least Risk
Decision Making), ARC 4496 Standard. An Interlocal Agreement between the City of
Clearwater and Pinellas County government is proposed for the use of the Ross Norton
facility as a public disaster and hurricane evacuation shelter. Under the terms of this
agreement, once notified that the shelter activation was needed, the City Recreation
staff would prepare the facility for shelter use: secure loose exterior tables, chairs,
bleachers, etc. and then turn the facility over to Pinellas County Emergency
Management staff. One Parks and Recreation facility maintenance crew member would
remain on-duty at all times to ensure proper operation, maintenance, and repairs of our
building systems. The County would be responsible for all shelter operations including
feeding, housing, management, etc. as with all other public shelters. Once the shelter
use was no longer needed, the County would arrange to clean, repair, and restore the
facility to its pre-shelter use, to be re-opened as a recreational facility by City staff. The
County will reimburse the city a contractual flat-rate for utilities and costs, and for the
total personnel costs for the City facility maintenance worker. The County will be
provided with the required financial information to enable them to submit for
reimbursement of those costs from FEMA, when applicable. The County will fund and
install an electrical transfer switch and connector so they can deploy a trailer-mounted
generator for emergency electrical power. This agreement will be the first of it’s kind
between the County and any City for the use of a City facility for public
disaster/hurricane shelter. As the Morningside Recreational Facility project moves
forward, the County has indicated it will attend meetings and contribute requests for
structural or functional upgrade or changes to ensure it’s suitability as a public disaster
shelter and to fund those incremental cost increases as required. It is explicitly clear to
the County, that the City will not get involved in operating any public disaster or
hurricane shelters: that is outside of the City's scope of responsibility under state law.
It was noted that while Ross Norton can not be used as a pet-friendly shelter due
to health and cleanliness issues, it is hoped another facility can be found to
accommodate this need.
Councilmember Jonson moved to approve a renewable 5-year term interlocal
agreement with Pinellas County Government allowing the County to use the Ross
Norton Recreational Facility as a Public Disaster Shelter and authorize the appropriate
motioncarried
officials to execute same. The was duly seconded and unanimously
Council 2006-09-21 13
11. Other items on City Manager Reports
11.1 Adopt resolutions to file liens as follows: 1) Resolution 06-17 for $12,832.40 on
1111 LaSalle Street; Greenwood Park Number 2, Block F, Lot 29; Owner of record:
Shawn Johnson & Alexandria Wilburn, 12086 134th Place, Largo, Florida 33778; 2)
Resolution 06-18 for $4,934.34 on 1126 Tangerine Street; Greenwood Park, Block C,
Lot 29 and W 10 feet of Lot 30; Owner of record: Reuben L. Triplett & Sylvia Triplett,
1349 Springdale Street, Clearwater, Florida 33755. 3) Resolution 06-19 for $6,772.11
on 608 Harold Court; Marshall & Brandon’s Subdivision, Lots 7, 8, & 9 & E 20ft. of Lot 10
& vacated easterly 80 ft. of Harold Court per O.R. 13949; Owner of record: Harold Court
Townhomes LLC, 2506 S. MacDill Avenue, Tampa, Florida 33629; and 4) Resolution
06-20 for $4,568.83 on 321 Coronado Drive; Columbia Sub. No. 2, Block A, Lot 6;
Owner of record: Roland Rogers, 321 Coronado Drive, Clearwater, Florida 33767 and
the appropriate officials be authorized to execute same.
The City’s Building Official determined that the residential structures located on
the four properties listed above were found to be unsafe, unsanitary, unfit for human
habitation, dangerous and/or detrimental to the health, safety and general welfare of the
community, and therefore, did not comply with the requirements of the Clearwater Code
of Ordinances and the Standard Building Abatement Code. On the first two (Resolution
06-17, 06-18), the property owners were each notified, however, they did not abate the
unsafe conditions. After taking the required legal steps for each of these two cases, the
City hired a contractor and the structures were demolished. For Resolution 06-19, the
charges involved are the costs the City incurred for securing the structures and keeping
them secured when the owner didn’t abate the unsafe structure situation. For
Resolution 06-20, the charges involve the costs the City had incurred to secure the
building and kept it secure during the period prior to the owner rehabilitating the
structure. A summary of the dates and cost of the demolitions and/or securing the
structures are as follows: 1) Resolution 06-17 for $12,832.40 on 1111 LaSalle Street;
Greenwood Park No. 2, Block F, Lot 29; Owner of record: Shawn Johnson & Alexandria
Wilburn, 12086 134th Place, Largo, Florida 33778; Date of Demolition: December 13,
2005.2) Resolution 06-18 for $4,934.34 on 1126 Tangerine Street; Greenwood Park,
Block C, Lot 29 and W 10 ft. of Lot 30; Owner of record: Reuben L. Triplett & Sylvia
Triplett, 1349 Springdale Street, Clearwater, Florida 33755; Date of demolition: March 5,
2004.3) Resolution 06-19 for $6,772.11 on 608 Harold Court; Marshall & Brandon’s
Subdivision, Lots 7, 8, & 9 & E 20 ft. of Lot 10 & vacated easterly 80 ft. of Harold Court
per O.R. 13949; Owner of record: Harold Court Townhomes LLC, 2506 S. MacDill
Avenue, Tampa, Florida 33629; Date of securing the structure: June 17, 2005. 4)
Resolution 06-20 for $4,568.83 on 321 Coronado Drive; Columbia Sub. No. 2, Block A,
Lot 6; Owner of record: Roland Rogers, 321 Coronado Drive, Clearwater, Florida 33767;
Date of securing the structure: September 16, 2005. Sufficient time has been provided
to each of the owners to reimburse the City for the costs incurred in these unsafe
building abatement cases; however, the amounts have not been paid. Staff recommends
approval of attached Resolutions 06-17, 06-18, 06-19 and 06-20 that allow liens to be
placed on the properties in the amounts noted above for all of the costs incurred by the
City after the owners failed to abate the dangerous residential structures at the
addresses given.
Staff requested Resolution 06-19 re 608 Harold Court be pulled.
Council 2006-09-21 14
It was requested liens be placed on properties more quickly.
motion
Councilmember Hamilton moved to pull Resolution 06-19. The was duly
carried
seconded and unanimously.
motion
Councilmember Hamilton moved to approve Item 11.1 as amended. The
carried
was duly seconded and unanimously.
Resolution 06-17 was presented and read by title only. Councilmember Jonson
moved to pass and adopt Resolution 06-17 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.
Resolution 06-18 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution 06-18 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.
Resolution 06-20 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution 06-17 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.
11.2 Approve a Joint Participation Agreement with the Florida Department of
Transportation (FDOT), District Seven, to provide funding of $436,000 this fiscal year
and $1,857,670 in fiscal year 2007 to the City of Clearwater to resurface SR
60/Cleveland Street/Gulf-to-Bay Boulevard within the corporate limits of Clearwater,
Florida, from West of Pierce Boulevard to Highland Avenue, and Adopt Resolution 06-51
authorizing it’s officers to execute this Joint Participation Agreement with the Florida
Department of Transportation, District Seven.
On August 21, 2000, the FDOT and the City executed a Jurisdictional Transfer
Agreement, hereby attached by reference and made a part hereof, whereby the City
would own and maintain SR 60/Cleveland Street/Gulf-t- Bay Boulevard from 0.476 miles
West of Pierce Boulevard to Highland Avenue. ·Said Jurisdictional Transfer Agreement
was amended on February 13, 2006 and is hereby incorporated by reference herein,
and the FDOT agreed to provide to the City, funds in the amount of $436,000 (four-
hundred thirty-six thousand dollars) for preliminary engineering activities, as
programmed in the FDOT’s Adopted Five Year Work Program as Financial Project
Number 411336 1 38 01 in FDOT fiscal year 2006 and the amount of $1,857,670 (one
million eight-hundred fifty seven thousand, six hundred seventy dollars), as programmed
in the FDOT’s Adopted Five Year Work Program as Financial Project Number 411336 1
Council 2006-09-21 15
58 01 in FDOT fiscal year 2008 as compensation to the CITY for its construction of the
resurfacing of S.R. 60/Cleveland Street from Myrtle Avenue to Frederica Lane. An FY
2007 first quarter amendment will increase the budget for FDOT revenue (334411) by
$2,293,670 in the Capital Improvement Program project 0315-92269, Downtown
Streetscape.
Councilmember Jonson moved to approve a Joint Participation Agreement with
the Florida Department of Transportation (FDOT), District Seven, to provide funding of
$436,000 this fiscal year and $1,857,670 in fiscal year 2007 to the City of Clearwater to
resurface SR 60/Cleveland Street/Gulf-to-Bay Boulevard within the corporate limits of
motion
Clearwater, Florida, from West of Pierce Boulevard to Highland Avenue. The
carried
was duly seconded and unanimously.
Resolution 06-51 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution 06-51 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.
11.3 Amend the City's fiscal year 2005/06 Operating and Capital Improvement
Budgets at third quarter and pass Ordinances 7710-06 and 7711-06 on first reading.
The fiscal year 2005/06 Operating and Capital Improvement Budgets were
adopted in September 2005 by Ordinances 7497-05 and 7498-05. Section 2.521 of the
City's Code of Ordinances requires that the City Manager prepare a quarterly report
detailing income and expenditure estimates, collections, the explanation of significant
variances, as well as the financial status of all active capital improvement projects.
Ms. Wilson said Ordinance 7710-06 reflects Council direction at work session for
the one-time additional $300,000 contribution to PACT, Inc.
Councilmember Hamilton moved to amend the City's fiscal year 2005/06
motion
Operating and Capital Improvement Budgets at third quarter. The was duly
carried
seconded and unanimously.
Ordinance 7710-06 was presented for first reading and read by title only.
motion
Councilmember Jonson moved to pass Ordinance 7710-06 on first reading. The
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7711-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance 7711-06 on first reading. The
motion
was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
Council 2006-09-21 16
"Nays": None.
11.4 Approve a Supplemental Local Agency Program Agreement with the Florida
Department of Transportation in the amount of $3,793,748 for the Beach Walk project.
On May 4, 2006, the Council approved a Local Agency Program Agreement with
the Florida Department of Transportation (FDOT) in the amount of $3,822,000 for the
Beach Walk project. FDOT just informed staff that Congress has implemented a 0.8%
reduction in all federal earmarks, which reduces the award amount from $3,822,000 to
$3,793,748, and necessitates execution of a supplemental agreement to change this
amount. This supplemental agreement must be executed prior to the City advertising
the project to bid.
In response to earlier public comments requesting shelving Beach Walk, it was
noted Beach Walk is a good investment and the legal ramifications of shelving it would
far exceed its price.
Councilmember Jonson moved to approve a Supplemental Local Agency
Program Agreement with the Florida Department of Transportation in the amount of
motioncarried
$3,793,748 for the Beach Walk project. The was duly seconded and
unanimously.
Miscellaneous Reports and Items
12. City Manager Verbal Reports
Mr. Horne requested Council direction regarding Mr. Wiser’s request for irrigating
two medians on Countryside Boulevard between US 19 and 580. Consensus was not to
pursue.
12.1 Authorize Filing in Circuit Court of Application to Vacate Arbitrator’s Award in City
of Clearwater v. Clearwater Firefighters Association, Inc., IAFF, Local # 1158 [Trevor
Murray Discharge], FMCS Case 05-58832.
Ms. Akin requested this item be continued until after an attorney-client session.
Consensus was to schedule the session at 9:00 a.m. on September 25, 2006.
Mr. Trevor Murray requested he be given another chance to prove himself.
John Lee, IAFF President, said the arbitration award cannot be appealed and can
only be vacated by a court, subject to specific criteria.
13. Other Council Action
Councilmembers reported on events in which they recently participated and
reviewed upcoming events.
Councilmember Doran recommended all visit the Francis Wilson Playhouse.
Councilmember Petersen congratulated Highlands of Allen Creek for adding
rental units in the City.
Council 2006-09-21 17
. Councilmember Jonson received information on CVB (Convention Visitor's
Bureau) sales tax and would like more information; congratulated Countryside High and
its principal for being named one of 14 highest performing high school principals in
Florida; acknowledged the passing of Liz Lancara; encouraged people to contact the
City Clerk on how to apply for the interim Council seat and to run for his seat.
Mavor Hibbard noted two new affordable houses in North Greenwood through
Mt. Carmel; is working with Kennedy, Sandy Lane and King's Highway schools to get
magnet program grant; wished Councilmember Hamilton a happy birthday.
14. Adjourn
The meeting adjourned at 10:47 p.m.
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Council 2006-09-21
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