09/06/2001
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CITY COMMISSION MEETING
CITY OF CLEARWATER
September 6, 2001
Present:
Brian J. Aungst
Ed Hart
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Mayor/Commissioner
Vice-M ayor /Comm issioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Demetrios Iliou of Greek Orthodox Church of the Holy Trinity. The Mayor
led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Introductions and Awards
a) Proclamation: Make A Difference - 10/6/01
b) Proclamation: Commuter Choices Week - 9/10-15/01
c) Proclamation: Assisted Living Week - 9/9-15/01
d) Proclamation - Clearwater's Mexican Independence Day Celebration - 9/14-15/01
e) Award for Gaslight Alley to Citizens for a Better Clearwater from Beautification
Committee
f) American Library Association Best of Show Award for Outstanding Public Relations
Material to Library and Graphics for calendar of events
g) Certificate of Appreciation from Clearwater Coalition of Homeowners to Parks and
Recreation in recognition of the work done by the Beach Maintenance group.
ITEM #4 - Presentations
a) Legislative Report - Senator Jim Sebesta -2002 Legislative Session
Senator Jim Sebesta reported on the 2002 Legislative Session. He said committee
meetings would start earlier than normal because of reapportionment. He said he is
advocating the first leg of high speed rail be implemented from St. Petersburg to Tampa to
Orlando. The estimated cost of the system is $20 billion. He hopes that $1.5 billion can
be funded with private development dollars. He said the western leg of the rail could start
at St. Petersburg Clearwater airport and include a park and ride lot. He anticipates a
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thousand cars a day would be taken off the roadways. He has obtained $150 million for
US19. He requested Commission input regarding legislative matters.
b) Pinellas County Commissioner Karen Seel - ITS
Pinellas County Commissioner Karen Seel distributed handouts regarding the ITS
(Intelligent Transportation System). She said the system takes advanced technologies and
addresses everyday transportation needs. The system can save lives, provide a better
emergency disaster system, faster response times by Fire and EMS (emergency
management systems), and benefit the county by producing less pollution. She proposed
a primary traffic management center under one jurisdiction, with Clearwater and St.
Petersburg having secondary centers. Interlocal Agreements will be needed to implement
the plan. Consensus was to schedule this for discussion at the next work session.
ITEM #5 - Approval of Minutes
Commissioner Jonson moved to approve the minutes of the regular meeting of
August 16, 2001, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #6 - Citizens to be heard re items not on the Agenda
Tom Sehlhorst said the no fee zone will probably bring the most improvement to
the Enterprise Zone versus any other change in the past 20 years and it won't cost the
City anything.
Anne Garris requested a response to the Beach Association's offer to give $1,500
toward a design competition for replacement of the roundabout fountain.
Jim Pierce, Mayme Hodges, Pangeeta Carwise, and Wendell Evans requested the
Commission name the North Greenwood Recreation Center after Dr. Joseph Carwise.
They discussed his generosity and humanitarian efforts.
Julia Wilkins said in Germany, traffic lights are timed to allow smooth traffic flow
when drivers obey speed limits and Clearwater should consider the same type of system.
She expressed concern about herbicides being used rather than natural methods of
controlling unwanted foliage and the amounts of trash on lawns and in waterways.
Shirley Moran requested the status of Clearwater's participation in the Elder Ready
Program.
Jack Alvord said various historical and archaeological reports on historic Bayview
neighborhood are available from the State.
Early Sorenson expressed concern that stormwater funds are mostly being used for
operations and maintenance instead of cleanup efforts in Tampa Bay.
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. AI Sakey said the Jolley Trolley has always provided financial statements to the
City. He expressed concern a S1. Petersburg Times article presented misinformation to the
public.
PUBLIC HEARINGS
ITEM #7 - Public Hearing - Fiscal 2001-2002 Annual Budget
Budget Director Tina Wilson reviewed the fiscal 2001-2002 annual budget. She
reviewed the major priorities including public safety, economic development, infrastructure
and maintenance, human resources, and quality of life. She said there would be no
change to the millage rate. Ms. Wilson also reviewed the general fund retained earnings,
capital improvement plan, major Penny for Pinellas projects, and budget workshops held.
One person spoke in favor of the budget. One person expressed concern this was
the first opportunity to comment on the budget. One person asked that cuts not be made
in funding for the Jolley Trolley and that the Park and Recreation and Police budgets be
reviewed. One person requested the reduction in the Police patrol division be restored by
using anticipated savings from a reduction in the roundabout fountain operation.
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It was commented that the budget has been available for public review for several
months and very little, if any, concerns have been expressed. Concern was expressed
that if retained earnings were used for this year's cost, it would create a hardship and
possibly double deficits next year. In response to a question, Ms. Wilson said if reserves
were used it could reduce them below the 8% set by Commission Policy, resulting in
reducing services and personnel and/or increased taxes the next fiscal year.
In response to a question, Commissioner Hart explained how he arrived at some of
the figures on a spreadsheet he developed and distributed at the Work Session, which
indicated the City could cut expenses on various items. Concern was expressed that
Commissioner Hart would not share his backup information regarding the spreadsheet with
other Commissioners, however he had released the information to the press. It was
remarked that Commissioners must work as a team in order to accomplish goals and
ensure the City functions efficiently.
Discussion ensued regarding reductions for professional fees, the City Manager Fund,
the Health Insurance Stabilization Fund, the National Development Council membership,
the Tampa Bay Partnership membership, the Conference of Mayors, the National and
Florida League of Cities memberships, advertising, consulting fees, graphics fees, and
Phillies dinner expenses.
Commissioner Jonson moved to reduce the Professional Fees category in the Legal
Department to $150,000. The motion was duly seconded and upon the vote being taken,
Commissioners Hart and Jonson, and Mayor Aungst voted "aye"; Commissioners Gray
and Hamilton voted "nay". Motion carried.
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. Commissioner Hamilton moved to maintain the City Manager fund at $100,000. The
motion was duly seconded and upon the vote being taken, Commissioners Gray, Hamilton,
Jonson and Mayor Aungst voted "aye"; Commissioner Hart voted "nay". Motion carried.
Commissioner Hamilton moved to maintain the Health Insurance Stabilization Fund at
current levels. The motion was duly seconded and upon the vote being taken,
Commissioners Gray, Hamilton, Jonson and Mayor Aungst voted "aye"; Commissioner
Hart voted "nay". Motion carried.
Commissioner Jonson moved to delete funding for the National Development
Council. The motion was duly seconded and carried unanimously.
Commissioner Jonson moved to reduce the Tampa Bay Partnership to a $20,000
level. The motion was duly seconded and upon the vote being taken, Commissioners
Jonson and Hart voted "aye"; Commissioners Gray and Hamilton and Mayor Aungst voted
"nay". Motion failed.
Commissioner Hamilton moved that the Tampa Bay Partnership remain at the
$50,000 level and to review during next year's budget process. The motion was duly
seconded and carried unanimously.
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Ms. Wilson said the figures for the Chamber of Commerce are being adjusted as
discussed.
Commissioner Hamilton moved that the funding for the U.S. Conference of Mayors
and the Florida League of Cities remain at current levels, and that the National League of
Cities membership be deleted. The motion was duly seconded and carried unanimously.
Commissioner Jonson moved to tentatively reduce the Phillies advertising budget by
half contingent on there being no requirements for the original amount. The motion was
duly seconded and upon the vote being taken, Commissioners Hart, Gray, and Jonson and
Mayor Aungst voted "aye"; Commissioner Hamilton voted "nay". Motion carried.
In response to a question, Ms. Wilson said the Pension Fund does not impact the
General Fund. No action was taken regarding Pension consultant fees.
Commissioner Jonson moved to reaffirm the $4,500 reduction in the Commission
travel budget. The motion was duly seconded and upon the vote being taken,
Commissioners Jonson and Hart voted "aye"; Commissioners Gray and Hamilton and
Mayor Aungst voted "nay". Motion failed.
Discussion ensued regarding the annual Phillies Dinner. Consensus was to have as
is.
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Ms. Wilson reported the Commission's actions taken tonight resulted in a total of
$241,620 reduction in expenditures or a tenth of a mill.
Commissioner Jonson moved to keep the proposed millage rate as submitted and
place any overages into a designated surplus fund until such time staff can allocate them
to infrastructure needs. The motion was duly seconded and upon the vote being taken,
Commissioners Gray, Hamilton and Jonson and Mayor Aungst voted "aye"; Commissioner
Hart voted "nay". Motion carried.
Ms. Wilson said staff would propose a first quarter amendment to account for the
approved reductions.
Commissioner Hamilton moved to approve the fiscal 2001-2002 annual budget as
proposed. The motion was duly seconded and upon the vote being taken, Commissioners
Gray, Hamilton, Jonson, and Mayor Aungst voted "aye"; Commissioner Hart voted "nay".
Motion carried.
a) First Reading Ord. #6841-01 - declaring Millage Rate to be levied for Fiscal Year
beginning 10/1/01 and ending 9/30/02 at 5.5032 mills (levy of 5.5032 mills constitutes a
7.58% increase over the rolled back rate of 5.1156 mills)
The City Attorney presented Ordinance #6841-01 for first reading and read it in full.
Commissioner Hamilton moved to pass Ordinance #6841-01 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson and Aungst.
"Nays": Hart.
Motion carried.
b) First Reading Ord. #6842-01 - adopting Operating Budget for Fiscal Year beginning
10/1/01 and ending 9/30/02
The City Attorney presented Ordinance #6842-01 for first reading and read it by title
only. Commissioner Jonson moved to pass Ordinance #6842-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson and Aungst.
"Nays" :
Hart.
Motion carried.
c) First Reading Ord. #6843-01 - adopting Capital Improvement Program Budget for
Fiscal Year beginning 10/1/01 and ending 9/30/02
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. The City Attorney presented Ordinance #6843-01 for first reading and read it by title
only. Commissioner Gray moved to pass Ordinance #6843-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson and Aungst.
"Nays":
Hart.
Motion carried.
The meeting recessed from 9:39 to 9:55 p.m.
ITEM #8. Public Hearing & First Reading Ord. #6835-01 - Amendments to Community
Development Code (re notice requirements for continuances; factors related to NCOD;
transfer of Development Rights)
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In June 2001, the City Commission directed the Planning Department to make
recommendations to the Neighborhood Conservation Overlay District (NCOD) regulations
regarding the neighborhood's final review of the zoning provisions proposed in a NCOD.
The following five amendments are proposed to the NCOD requirements: 1) Require NCOD
petition to be submitted to the Community Development Coordinator instead of the City
Clerk; 2) allow the Study Committee to include four alternate members; 3) require a vote
of the neighborhood on each development standard proposed to be included in the NCOD;
4) require NCOD Code amendments to be considered in accordance with the section of
the Code governing Text Amendments; and 5) specify procedures for making amendments
to the NCOD and eliminating the NCOD.
The Planning Department also is recommending the following two amendments: 1)
Notice requirements. Revise the notice requirements for continued public hearings by only
requiring letter notice to be given to the applicant and surrounding property owners and
not requiring notice to be provided in the newspaper for the continued public hearing date;
and 2) Transfer of development rights. Revise the transfer of development rights
provision that limits the amount of development rights that can be transferred from the
sending site to 20%. This proposal does not revise the 20% limit on the receiving site
and is consistent with the Countywide Rules.
At the August 21, 2001, meeting, the Community Development Board (CD B)
unanimously recommended approval of the Ordinance with one revision to the
Neighborhood Conservation Overlay District vote requirement. The CDB recommended
that only those development standards receiving 51 % of the vote cast be forwarded to
the Commission for consideration. Staff supports this recommendation and has revised
the Ordinance accordingly.
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In response to a question, City Manager Bill Horne said the Island Estates NCOD
Study Committee has agreed to request that the Island Estates Civic Association pay for
the voting on the standards.
Concern was expressed that David Healey of the Pinellas Planning Council (PPC)
appears to have a different understanding of the Transfer of Development Rights (TDRs)
than does the City. Assistant City Manager/Economic Development Ralph Stone said staff
has meet with the PPC and Mr. Healey several times regarding TDRs. Staff will meet with
Mr. Healey to clear up any misunderstandings.
Two persons spoke in favor of the Ordinance.
In response to a question, Planning Director Cyndi Tarapani said there are a variety of
safeguards regarding TDRs that would prevent the potential for abuse. Only two areas in
the City, the beach and downtown, can accommodate TDRs.
Commissioner Hamilton moved to approve the text amendments to the Community
Development Code. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, and Aungst.
"Nays":
Jonson and Hart.
Motion carried.
The City Attorney presented Ordinance #6835-01 for first reading and read it by title
only. Commissioner Gray moved to pass Ordinance #6835-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, and Aungst.
"Nays":
Jonson and Hart.
Motion carried.
9. Public Hearing & First Reading Ord #6834-01 - Vacating portions of street rights-of-
way of Ewing Avenue, Park Street, & Prospect Avenue subject to developer of
Mediterranean Village on the Pond obtaining approval of a development agreement for
project from the Commission within 6 months of effective date of ordinance (City of
Clearwater, V2001-16)
The City Clerk requested this item be continued to a date uncertain.
Commissioner Gray moved to continue Item #9 to a date uncertain. The motion was
duly seconded and carried unanimously.
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Public Hearing - Second Reading Ordinances
10.
Ord. #6825-01 - amending Art. 2 of Community Development Code to create Div.
16, Neighborhood Conservation Overlay Districts; creating Sec. 2-1602, Coachman
Ridge NCOD which establishes additional development standards to be applied only
in the Coachman Ridge NCOD
The City Attorney presented Ordinance #6825-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6825-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, Hart, and Aungst.
"Nays":
None.
11. Ord. #6824-01 - rezoning & applying the Coachman Ridge NCOD in addition to
existing LDR & LMDR zoning for property located within boundaries of Tract A-I, A-II & A-
lii, Coachman Ridge Sub.
The City Attorney presented Ordinance #6824-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6824-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, Hart, and Aungst.
"Nays":
None.
12. Ord. #6826-01 - correcting technical errors in Employees Pension Plan
The City Attorney presented Ordinance #6826-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6826-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, Hart, and Aungst.
"Nays":
None.
13. Ord. #6829-01- Land Use Plan Amendment to Recreation/Open Space, 2780 Drew
Street, Sec. 8-29-16, M&B 34.04 (City of Clearwater)
The City Attorney presented Ordinance #6829-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6829-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, Hart, and Aungst.
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"Nays":
None.
14. Ord. #6830-01 - OS/R Zoning, 2780 Drew Street, Sec. 8-29-16, M&B 34.04 (City
of Clearwater)
The City Attorney presented Ordinance #6830-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6830-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, Hart, and Aungst.
"Nays":
None.
15. Ord. #6831-01 - MHDR Zoning, 2855 Gulf to Bay Blvd., Bayside Nursing Pavilion,
tract of land, 2.71 acres m.o.l., lying within Sec. 17-29-16 (Morton Plan Mease Life
Services, Inc.)
The City Attorney presented Ordinance #6831-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6831-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, Hart, and Aungst.
"Nays":
None.
16. Ord. #6832-01 - Relating to Clearwater Marina Buildings; creating Sec. 33.006 to
authorize the City Manager to approve leases subject to certain conditions; repealing Ord.
#6796-01
The City Attorney presented Ordinance #6832-01 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6832-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, Hart, and Aungst.
"Nays":
None.
17. Ord. #6833-01 - Vacating 3 portions of right-of-way of First Avenue West, located
south of Mclennan Street & north of Woodlawn Street; retain drainage & utility easement
over vacated r-o-w (City of Clearwater, V2001-15)
Due to objections by an abutting property owner and the Solid Waste Department,
Engineering Director Mike Quillen requested withdrawal of this Ordinance.
Commissioner Jonson moved to deny the adoption of Ordinance 6833-01. The
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motion was duly seconded and upon roll call the vote was unanimous.
18. Ord. #6854-01 - amending Ord. #6675-01 to increase maximum principal amount
of bonds to be issued re financing spring training facility from $14 million to $1 5.5 million
The City Attorney presented Ordinance #6854-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6854-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, Hart, and Aungst.
"Nays":
None.
Finance Director Margie Simmons said the Supreme Court has validated the bonds.
Staff will bring forth a sales resolution once the site selection is final and then bonds can
be issued.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #19-42) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in
a single motion. However, any City Commissioner or the City Manager may remove an
item from the Consent Agenda to allow discussion and voting on the item individually.
19. Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum:
a) Sper Chemical, 2nd & Final renewal, polyphosphate, extending term to 6/30/03,
increasing award by $290,000 for est. total $550,000 (PW)
b) M.T. Deason Company, gas material - polyethylene pipe & fittings, for remainder
of contract ending 2/28/02, increase of $125,000 for est. total $335,000 (GAS)
c) Akerman Senterfitt & Edison, legal services related to environmental
considerations re Sports Complex, increases City Manager award from $22,500 to
$35,000 (PR)
d) General Chemical, aluminum sulfate, low iron, 10/1/01-9/30/04, est. $350,000
(PU)
e) Harcross Chemical, chlorine in 1-ton cylinders, 10/1/01-9/30/04, est. $300,000
(PU)
f) Allied Universal Corp., sulfur dioxide in 1-ton cylinders, 10/1/01-9/30/04, est.
$300,000 (PU)
g) Postmaster, postage for citywide USPS mail, 10/1/01-9/30/02, est. $125,000
(IT)
h) Postmaster, postage for utility billing, 10/1/01-9/30/02, est. $207,000 (IT)
i) Xerox Corporation, convenience copiers, 10/1/01-9/30/02, est. $60,000 (IT)
j) Gaithersburg Equipment Co., one 2001 New Holland TS 110 tractor,
replacement, $30,513.13; financing to be provided under City's Master Lease-Purchase
Agreement (GS)
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k) Cues, one 2002 High Cube TV sewer inspection van, $125,950; financing to be
provided under City's Master Lease-Purchase Agreement (GS)
I) Mo-trim, one 2001 Mo-trim L TM-28 boom mower with attachments,
replacement, $23,596; financing to be provided under City's Master Lease-Purchase
Agreement (GS)
m) Camp Dresser & McKee Inc., additional utility work re Mandalay, Papaya, & San
Marco Streets, $71,900 (PW)
20. Grant Agreement & Work Plan with State of Florida, Office of Tourism, Trade, &
Economic Development, funding assessment & remediation of Brownfields sites or areas,
$111,000; approve reimbursement of est. $85,873 to Harbor Oaks Development, L.C. for
Phase II Environmental Assessment, Lift Removals & Soil Remediation Activities from this
grant (EO)
21. Accept Pinellas County Deed conveying a 3,188 sq. ft. portion, m.o.I., of Sand Key
Park in Sec. 17-29-15; approve a Declaration of Unity of Title of said parcel with a
15,000 sq. ft. portion of Gulf Blvd. r-o-w on Sand Key formerly utilized as the old
Clearwater Pass Bridge toll booth (declaration assures the 2 parcels will be considered a
single parcel for development of new fire station)(FO)
22. Revision to Agreement with Clearwater Housing Authority to allow City to be prepaid
for expenses rather than to be paid on a reimbursement basis (PO)
23. Interlocal Agreement with Pinellas County for Enforcer Geographic Information
System, permitting sharing of geographic information across law enforcement jurisdictional
boundaries within Pinellas County (PO)
24. Increase FY 2000/2001 agreement with Pinellas County Sheriff's Office by
$80,330.10 to a new total of $465,243.96, and approve the agreement for FY
2001/2002 ending 9/30/02 at a cost of $468,985.48 for latent fingerprint and crime
scene services including evidence and property storage. (PO)
25. Authorization to settle entire workers' compensation claim (medical, indemnity, &
attorney fee) of claimant Robert VanBeveren, for $100,000 (FN)
26. Approve 3 Releases & Waivers submitted by Merwin U. Stewart, Liquidator of
Southern American Insurance Company (SAIC) for purpose of compromising & settling all
claims of City against SAIC in liquidation and having same assigned a priority classification
of Class 3 for future payment (FN)
Approve purchase of property, casualty, liability, workers' compensation, emergency
medical services, fuel tank and flood insurance coverage for FV2001/2002, not to exceed
$1,225,858 (FN)
First Renewal Option of 2 authorized to contract for installation of gas mains, service lines
& exterior underground house piping with Mastec North America, Inc., $955,185 (SBS)
29. Ratify & Confirm City Manager's decision to award emergency Purchase Order to
Wingfoot Brad Ragan, Inc., auto & truck tire service, 8/9/01-8/3/02, $85,000 (GS)
30. Interlocal Agreement with Pinellas County governmental units to continue
cooperative library services through 9/10/13 (LIB)
Affirm plan for Library Foundation involvement in new Main Library Project (LIB)
Lease Agreement for marina building rooms 5 & 9 to George & Dara Greene d/b/a Marina
Gifts and Souvenirs, 10/1/01-9/30/06, for $145,044 plus yearly Consumer Price Index
increases (MR)
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33. Ratify & Confirm City Manager's approval of City co-sponsorship & waiver of city
fees for both Fiscal Years 2000-2001 & 2001-2002 Taste of Clearwater special event
held at Harborview Center (PR)
34. Contract for Sale of Real Property with James W. Hudson, Jr., 1208 N. Garden Ave.,
Enghurst Sub., lot 11, for $47,551.50 less est. closing expenses of $850 for net sale of
approx. $46,701.50 (PW)
35. Change Order #2 to Annual Storm Pipe Replacement Contract with Keystone
Excavators, Inc., increasing amount by $64,179.50 for new total of $381,257.58;
approving time extension of 45 days to complete additional work (PW)
36. Contract to Nichter Contracting Corp., Stevenson's Creek Water Main Crossing,
$98,998.90 (PW)
37. Contract to Steve's Excavating & Paving, Inc., Lift Stations 24 & 40 Improvements,
$650,000 (PW)
Amendment to boundary of Island Estates NCOD to have all residentially zoned
properties included in the district (PlD)
Appoint Rebecca Avrin to Beautification Committee (ClK)
Approve Mayor's reappointment of Robert Aude and William Ethington to Clearwater
Housing Authority (ClK)
41. Approve 2002 State legislative Package (ClK)
42. Authorize payment of attorney fees of $41,827.50 (City vs. Kahlmeyer; eminent
domain case for City's downtown lake) (CA)
Commissioner Hamilton moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
43. First Reading Ord. #6840-01 - relating to water shortages; adopting an enforcement
procedure for violators of water shortage restrictions & providing an appeal process
Southwest Florida Water Management District (SWFWMD) issued their final order
(SWF01-14) on March 21,2001, declaring a water storage shortage emergency for
Pinellas, Hillsborough, and Pasco counties. As a result, the City had to increase water
restriction enforcement efforts.
On April 5, 2001, the City Commission adopted Ordinance #6797-01, providing a
declaration of an emergency water shortage and changing the fine structure. Typically,
the standard procedure is as follows: citations are issued to water violators if a violation
recurs after an initial warning. A lengthy process through the Pinellas County court
system is then followed in order to collect fines resulting from the citations.
The following alternative method of enforcement was recommended and approved
by the City Commission on April 5, 2001. Under this method, a code enforcement or
police officer still issues a warning for a first violation of the water restriction. Upon
subsequent violations, the property owner shall be fined $100 for each occurrence. The
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fines will be billed to the violators by Clearwater Customer Service. This fine billing
process shall not preclude an alternative citation in County court or to the Municipal Code
Enforcement Board (MCEB).
The water enforcement program has been extremely successful. The City of
Clearwater reduced water use by 11.4%, 106 million gallons of water during the drought.
This is, in part, due to staff's efforts including Citywide enforcement coverage round-the-
clock, and the Community Response Team's customer friendly approach, concentrating on
education and warnings, resulting in only 24 actual legal notices being sent.
Ordinance #6797-01 will expire on November 30, 2001, or upon repeal of SWF01-
14, whichever occurs first. Ordinance #6797-01 does not provide for an appeal process.
Proposed Ordinance #6840-01 continues the same rate structure and other
associated billing restrictions as established during the emergency, adds new language for
an appeal process through the City Manager or his designee, and extends the expiration
period.
This ordinance shall take effect immediately upon adoption and shall remain in effect
as long as the Phase III water shortage emergency declared by Executive Direct Order
Number SW FO 1-14 exists in Clearwater.
Commissioner Jonson moved to approve enforcement procedures for violators of
water shortage restrictions and provide an appeal process. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6840-01 for first reading and read it by title
only. Commissioner Hamilton moved to pass Ordinance #6840-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, Hart, and Aungst.
"Nays":
None.
44. First Reading Ord. #6857-01 - Relating to Purchasing; amending Sections 2.561,
2.562 & 2.564 adjusting dollar thresholds for City's purchasing procedures
Ordinance #6857-01 includes proposed changes that are designed to make
purchasing procedures more effective, more efficient, more flexible, and more in line with
the City's peers. Recommended changes will not make City management less
accountable.
This ordinance: 1) Increases the bid threshold to purchases exceeding $50,000
(from the current $25,000); 2) increases the small dollar purchasing quotation exemption
to $2,500 (from the current $1,000); 3) increases the bidder security mandatory level to
$150,000 (from the current $100,000); 4) increases the City Manager's contract approval
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authority to $50,000 (from the current $25,000). It also authorizes Assistant City
managers the same approval authority. Approval authority may be delegated to the
Purchasing Manager; 5) increases the minimum dollar award for mandatory written
contracts in support of construction or services to $50,000 (from the current $10,000);
6) increases or decreases the City Manager's change order approval authority to 10% of
the award previously approved by the City Commission (from the current cumulative
increase of $25,000). Authorizes Assistant City Managers the same approval authority;
7) adds exception to bid authority for purchase of construction materials as designated by
contractors of City awarded projects. This provides sales tax cost savings; 8) adds
exception to bid authority for pre-approved City personnel in support of City Manager
declared emergencies. Exemption may be authorized up to the current bid threshold
(recommended at $50,000 as noted above); and 9) authorizes department directors to
delegate approval authority for exception to bid award recommendation to other
departmental personnel, except when either emergency or sole source justification is
appropriate.
It was suggested that monthly reports be provided for at least the first 6 months
after this ordinance is adopted.
Commissioner Gray moved to approved changes to the purchasing procedures. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6857-01 for first reading and read it by title
only. Commissioner Jonson moved to pass Ordinance #6857-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, and Aungst.
"Nays":
Hart.
Motion carried 4: 1.
45. First Reading Ord. #6798-01 - implementing grease control program for wastewater
collection system
The disposal of grease into the sewer system causes blockages, posing a threat to
public health and environment. The U.S. Environmental Protection Agency (EPA) and
Florida Department of Environmental Protection (FDEP) have implemented regulations to
control wastewater collection system overflows. This is done through the City's
operating permits for the wastewater treatment plants. Pinellas County adopted a
Countywide ordinance regulating grease waste management in their service area. The
County ordinance is centered on permitting grease waste haulers, but does contain
provisions for grease interceptor maintenance.
This Ordinance focuses on controlling grease at its source - food service facilities.
This is done by registering facilities, regulating grease waste interceptor size,
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maintenance, and capacity, to handle grease waste prior to entering the wastewater
collection system. The ordinance also provides requirements for interceptor maintenance,
record keeping, and grease removal. Grease interceptor design criteria must comply with
Florida building code and Department of Health criteria.
Under this ordinance, grease interceptors will be registered with the City and
subject to quarterly inspections. Quarterly checks are based on established performance
criteria (6-inches on top for grease and 8-inches on bottom for solids). If the performance
criteria are not met, pumping frequencies will be adjusted to meet the standard.
A monthly monitoring fee of $10 will fund implementation of the Grease Waste
Management Program and will apply to food service facilities in the program. The fee will
be applied to the food service facility's monthly water and sewer service utility bill.
This ordinance shall take effect immediately upon adoption. Revenue codes are to
be established for the water and sewer utility fund relating to the grease ordinance.
Public Utilities Director Andy Neff said the City is responsible for maintaining the
City's system. The City cannot enforce this ordinance outside its jurisdiction and will
have to cooperate with the County regarding enclaves. He said noncompliance with the
standard would be addressed. This item has been discussed with the Restaurant
Association and the Greater Clearwater Chamber of Commerce.
Assistant City Manager Garry Brumback said the enforcement of this ordinance
involves a standard, not a timeframe.
One person spoke regarding the Ordinance commending Staff for getting public
input and being flexible in addressing concerns.
Concern was expressed that all commercial businesses, regardless of size, are
being asked to pay the same fee as the larger corporations and abusers. It was felt that
residential users also pollute the system with grease but are not being assessed a fee. Mr.
Neff said the fee is intended to cover a portion of the program and is not intended as a
penalty. He said staff would continue to look at ways to address the program and fees.
Commissioner Hamilton moved to approve implementing a grease control program for
the wastewater collection system. The motion was duly seconded and carried
unanimously.
Commissioner Jonson proposed to amend the motion to delete the $10 fee. There
was no second.
Upon the vote being taken on the original motion, Commissioners Gray, Hamilton,
Jonson, and Mayor Aungst voted "aye"; Commissioner Hart voted "nay". Motion carried.
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The City Attorney presented Ordinance #6798-01 for first reading and read it by title
only. Commissioner Gray moved to pass Ordinance #6798-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, Jonson, and Aungst.
"Nays":
Hart.
Motion carried.
ITEM #46 - Amend CIP to restructure current Water and Sewer Utility funding by reducing
project budgets by $11,941,563.65 of sewer revenue, $5,902,194.10 of water revenue,
$360,000 of reclaimed water revenue, $2,333,000 of water renewal and replacement
(R&R) revenue and $2,075,844.92 of sewer renewal and replacement revenue for a total
decrease of $22,612,602.67 and increasing project budgets by $231,000 of water
impact fees and $8,498,623.22 of planned FY02 revenue bond proceeds, for a total
increase of $8,729,623.22, resulting in a net budget decrease of $13,882.979.45.
(Consent
On March 1, 2001, Ordinance #6695-01 was passed increasing water, lawn
water, and sewer rates by 7% beginning July 1, 2001, and for four additional 7%
increases at varying intervals through October 1, 2004.
In 2001, Burton and Associates completed a water and sewer rate study update
requesting five 7% rate increases over the period July 1, 2001, to October 1, 2004.
The restructuring is to improve operating cash flows in the Water and Sewer Utility
Fund by converting project funding from unrestricted operating revenues to restricted
revenues or future bond proceeds. Through expected debt service savings and re-
evaluation of the timing of project funding, the restricted project schedule has no effect on
the water, lawn water, and sewer rates as passed in Ordinance #6695-01.
Resolution#01-07 was passed on March 1, 2001, establishing the City's intent to
reimburse certain project costs incurred with future tax-exempt financing. The projects
identified with 2001 revenue bonds as a funding source were included in the project list
associated with Resolution #01-07.
The 2001 rate study originally identified a need for approximately $113.2 million in
capital projects, with bonds to be issued in 2001/2002 approximately $36,503,000 and
2003/2004 of approximately $48,498,000 to fund a portion of the needed capital
improvements. As a result of the project restructuring, the need for capital projects
increased to $137,276,000 with bonds to be issued in 2001/2002 of approximately
$53,776,000 and 2003/2004 of approximately $35,657,000 and with interim financing
of $23,239,000 in 2005 in anticipation of a $40,644,000 bond issue in 2006. Following
is the original list of $36,503,000 in projects to be financed from the 2001/2002 bond
issue corrected to the updated approximate issue amount of $53,776,000: 1) Northeast
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advanced water treatment carrousel - Original - $570,000, corrected - $315,600; 2)
laboratory building - original - $2,199,000, corrected $2,198,960; 3) Water Pollution
Control Master Plan-Phase III and IV - Original - $1,792,000, corrected $1,700,040; 4)
pump station replacement - original - $6,060,000, corrected $4,560,000; 5) reclaimed
water - original - $2,058,000, corrected - $7,253,930; 6) Northeast improvements -
corrected - $3,643,000, corrected $7,079,020; 7) water treatment plant - original -
$8,200,000, corrected - $6,250,000; 8) sewer interceptor lines - original - $2,781,000,
corrected $1,781,000; 9) sewer manholes and gravity lines - original - $1 million,
corrected $500,000; 10) water disinfection systems - Original - $1,400,000, corrected -
$1,400,000; 11) water service lines - original - $1 million, corrected $1 million; 12)
Clearwater Harbor sewer Line Relocation (JPA) - Original - $1 million, corrected -
$550,000; 13) Clearwater Harbor force main (Bridge) - Original - $1,200,000, corrected
$1,440,560; 14) Clearwater Harbor water transmission main replacement - Original
$3,600,000, corrected - $1,848,480; 15) water supply and treatment - corrected
$1,951,000; 16) Line Relocation - capitalized-corrected $1,709,190; 17) meter/backflow
prevention device repair/change out - corrected - $275,000; 18) WPC Master Plan phase II
- corrected $1,200,000; 19) AWT facilities - corrected $545,220; 20) Sanitary sewer
relocation - corrected $2 million; and 21) sanitary sewer renewal and replacement-
$8,218,000, for a total of: original- $36,503,000, corrected - $53,776,000.
Project budgets will be amended at third quarter.
Commissioner Jonson moved to approve the amendment of the Capital
Improvement Program (CIP) to restructure current Water and Sewer Utility funding by
reducing project budgets by $11,941,563.65 of sewer revenue, $5,902,194.10 of water
revenue, $360,000 of reclaimed water revenue, $2,333,000 of water renewal and
replacement (R&R) revenue and $2,075,844.92 of sewer renewal and replacement
revenue for a total decrease of $22,612,602.67, and increasing project budgets by
$231,000 of water impact fees and $8,498,623.22 of planned FY02 revenue bond
proceeds for a total increase of $8,729,623.22, resulting in a net budget decrease of
$13,882,979.45, and that the appropriate officials be authorized to execute same.
The motion was duly seconded and carried unanimously.
ITEM #47 - Metropolitan Planning Organization (MPO)- 1 appointment
Vice-Mayor Hart currently serves on the MPO with his term expiring September 12,
2001. An appointment is needed to serve for the term to September 12, 2005. The
MPO meets on the second Wednesday of the month at 1 :00 p.m.
City Clerk Cyndie Goudeau said Commissioners Hart and Gray are interested in
appointment to the MPO.
Commissioner Hamilton clarified that he did not state that there was a policy to have
the PPC and MPO positions served by separate Commissioners. He stated it has been a
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Commission practice to do so. He said history has shown it to be an effective way to
serve the Commission.
Commissioner Hamilton nominated Commissioner Gray for the MPO position. The
motion was duly seconded.
Commissioner Gray said she is interested in pursuing the position. She took offense
to an inferrance there was inappropriate communication between Commissioner Hamilton
and her. She said that would have been a blatant violation of the Sunshine Law. She said
if she is not appointed to the MPO, she would continue to serve on the Citizens Advisory
Committee.
It was remarked that it is a difficult decision. In April, the Commission divided
assignments to committees. The MPO is an important board. It was remarked that
Commissioner Hart has served well on the MPO and should continue to do so until next
April, at which time reappointment could be considered.
Commissioner Hart apologized to Commissioner Gray for not seeing the memo in
which she indicated her interest in serving on the MPO. He said he prefers someone take
over the PPC, not the MPO.
Upon the vote being taken, Commissioners Gray and Hamilton, and Mayor Aungst
voted "aye"; Commissioners Jonson and Hart voted "nay". Motion carried 3:2.
. ITEM #48 - Airport Authority - 1 appointment
The following names are being submitted for consideration to fill the above vacancy:
1) Dennis Roper - current member, and 2) W. Bruce Miller - retired supervisor, National
Steel Company.
Marine and Aviation Director Bill Morris said Mr. Miller would provide representation
from the northern area of the neighborhood abutting the airpark and most affected by the
flight path. He has put in considerable time at neighborhood meetings.
Commissioner Hart moved to reappoint Dennis Roper to the Airport Authority Board.
The motion failed due to the lack of a second.
It was remarked that while Mr. Roper's participation on the Airport Authority Board
has been exemplary, a neighborhood representative was desired. It was hoped Mr. Roper
would keep his name on the list for future consideration.
Commissioner Jonson nominated Mr. Miller to the Airport Authority Board The motion
was duly seconded and upon the vote being taken, Commissioners Gray, Jonson, and
Hamilton and Mayor Aungst voted "aye"; Commissioner Hart voted "nay". Motion
carried.
.
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ITEM #49 - Environmental Advisory Board - 1 appointment
Five persons are interested in appointment to the vacant Environmental Advisory
Board: 1) Clorinda (Cookie) Gilreath, past member Historic Preservation Board; 2) Norman
Carlough, retired insurance agent; 3) Stephen G. watts, attorney; 4) Richard Avichouser,
realtor/investor; and 5) D. Michael Flanery, professional engineer.
It was noted Ms. Gilreath had been encouraged to apply.
Commissioner Hart moved to appoint Stephen Watts. The motion was duly
seconded and upon the vote being taken, Commissioners Hart and Hamilton and Mayor
Aungst voted "aye"; Commissioners Gray and Jonson voted "nay". Motion carried.
ITEM #50 - Discussion - St. Pete Times advertising offer
The St. Petersburg Times has approached the City to regain the City's advertising
business. They have proposed to cut rates as follows: Run of Paper (display ad) daily
current rate is $16.61 finch; Sunday current rates are $21.78/inch; proposed daily rates
$7.75/inch; proposed Sunday rates are $10.25/ inch, 2) Classified (liner ad) current daily
rates are $1.64/line; proposed daily rates are $1 /Iine; proposed Sunday rates are
$1.25/line.
The Tampa Tribune currently charges the City 50(:/line for classified (liner) ads and
$5.10 for run of paper (display) ads; however, the City is limited to advertising only and
their Saturday Pinellas edition. With the Times, the City would be able to advertise any
day of the week and their circulation rate is 10 times greater than the Tribune. The Times
also will provide a link to the City's legal advertising website.
The majority of the City's legal advertising is done in the Tribune; however, the City
uses the Times for election, budget hearing, and special public informational meeting
notices. The City paid $1,091 to place the election ad in the Times last March. For the
same ad, at the proposed rate, the City would have paid $514.50.
The City is required to do display ads for its annexations, zoning, land use plans, etc.
In the Tribune, these size ads cost $109.10; the same size as in the Times, at the
proposed rate, will cost $164.75.
Discussion ensued and it was felt as legal notices are rarely read by the public, and
due to cost concerns the City should continue to advertise in the Tampa Tribune.
Concern was expressed that advertising in the Tribune does not meet the desire to inform
the greatest number of citizens.
Commissioner Jonson moved to direct Staff to pursue advertising in the paper with
greatest circulation. The motion was duly seconded.
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In response to a question, Ms. Goudeau said currently the St. Petersburg Times could
cost as much as ten times more than the Tampa Tribune. She agreed the newspaper is
the least effective way to inform citizens of issues. Other means of advertising is being
advocated.
Commissioner Gray withdrew her second. Motion failed due to lack of a second.
Consensus was to take no action at this time.
ITEM #51 - Other Pending Matters - None
CITY ATTORNEY REPORTS
ITEM #52 - Other City Attorney Items - None
53. City Manager Verbal Reports
The City Manager reported the naming of North Greenwood Recreation Complex
will be on the next agenda.
54. Commission Discussion Items
a) Letter received by Commissioner Jonson re Scenic Highways
Commissioner Jonson emphasized that in designating Courtney Campbell Causeway
a Scenic Highway, all future transportation concerns, including the possibility of a link
with high-speed rail will be taken into consideration.
b) Attendance at League of Cities' Institute for Elected Municipal Officials Basic
Course - Commissioner Jonson
It was remarked that training is an important part of becoming better Commissioners
and this course is worthwhile. The City Attorney suggested Commissioner Jonson attend.
It was requested that Commissioners be mindful of the reduced Commission travel
budget.
Consensus was that Commissioner Jonson attend.
c) Florida League of Cities' Intergovernmental Relations Policy Committee -
Commissioner Jonson
Commissioner Jonson said he would manage his travel expenses to ensure he would
not exceed his portion of the budget. Consensus was for Commission Jonson to apply for
appointment.
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55. Other Commission Action
Commissioner Jonson suggested staff develop a moratorium ordinance regarding
cellular communication towers. He thanked Commissioner Gray for her assistance in
bringing the School Board into the Sister Cities Program. He complimented Diane Smith
for her efforts in downtown. He congratulated Community Response Team for their work
on a building being used as a "crack house" that was finally demolished. He said the
PST A did an initial budget approval and are keeping their millage same. He will update the
Commission on his trip to Portland. He was concerned with the press report that the
downtown Post Office is shutting down their lobby. The Police Chief is working with the
Post Office to resolve the issue.
Mayor Aungst congratulated the City Clerk for her appointment to the Florida
League of Cities Urban Administration Committee. He thanked Commissioner Gray for
bringing the School Board into the Sister City Program. He felt the City should control the
agenda for the Sister Cities Program.
56. Adjournment
The meeting adjourned at 11 :31 p.m.
ATTEST: ~~
~Cit lerk
fiJu~'-
, . .
Mayor-C miSSioner "
----
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