11/02/2006
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 2, 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. The invocation was
offered by Rev. Doctor John R. Thompson from Countryside Christian Center. The Mayor led
the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Presentations:
4.1 Presentation - John Timberlake/Phillies
Phillies representative John Timberlake reviewed local activities on the teams’ annual
calendar and the Phillies’ economic impact on Clearwater.
4.2 Visiting Nagano Teacher Mr. Satoshi Tokutake
Mr. Satoshi Tokutake introduced himself to the City Council and presented a gift.
4.3 Jazz Holiday
Jazz Holiday volunteers thanked the City for the successful event and presented a
framed poster to the City and framed replicas of the Jazz Holiday proclamation to each
Councilmember.
4.4 Proclamation - Veteran's Day Celebration Week - November 4-11, 2006
4.5 Proclamation - World Town Planning Day - November 8, 2006
4.6 Proclamation - Children's Book Week - November 13-18, 2006
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5 - Approval of Minutes
5.1 Approve the minutes of the October 19, 2006, City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the regular meeting of October
19, 2006, as recorded and submitted in written summation by the City Clerk to each
motioncarried
Councilmember. The was duly seconded and unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
Shawn Lonsdale said he was harassed when trying to film a Scientology event.
Jim Carino expressed concern regarding misrepresentation of City firefighters.
Joe Evich requested information regarding a proposal to end the exemption for well
owners when reclaimed water becomes available.
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
7.1 Approve amendments to the Community Development Code Establishing a Proportionate
Fair Share Program within the City's Concurrency Management System and Pass Ordinance
7718-06 on first reading.
Senate Bill 360, passed by the Legislature in 2005, introduced some important changes
to the State’s growth management law. One significant change requires local governments to
implement a “Proportionate Fair-Share Program” within their transportation concurrency
management systems. The Program creates a method whereby the impact of development on
transportation facilities can be mitigated by the cooperative efforts of the public and private
sectors. The Program allows developments that negatively impact the adopted level of service
to proceed under certain conditions by contributing their fair-share cost of improving the
impacted transportation facility.
Proposed Ordinance 7718-06 implements this new requirement of Florida Statutes
163.3180(16) by establishing the option of proportionate fair-share, as well as the process to
assess and obtain the proportionate fair-share contributions from the developer and to
incorporate such projects into the City’s Capital Improvement Element of the Clearwater
Comprehensive Plan. The proposed ordinance was based on the model ordinance developed
by FDOT. The Community Development Board (CDB) reviewed the proposed amendment at its
regularly scheduled meeting on October 17, 2006, and recommended approval to the City
Council.
Assistant Planning Director Gina Clayton reviewed proposed changes. In response to
questions, Engineering Specialist Himanshu Patni said fees were based on calculations of the
time required to review the plans and staff salaries. Ms. Clayton said investing in transportation
elements by projects that exceed 5% capacity is an option, not a requirement. The money goes
toward the impact fee, but does not waive it. Staff will provide a copy of the county ordinance.
Council 2006-11-02 2
Councilmember Doran moved to approve amendments to the Community Development
Code Establishing a Proportionate Fair Share Program within the City's Concurrency
motion
Management System as amended per Exhibit A attached hereto. The was duly
carried
seconded and unanimously.
Ordinance 7718-06 was presented for first reading as amended and read by title only.
Councilmember Hamilton moved to pass Ordinance 7718-06 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8 - Second Readings - Public Hearing
8.1 Adopt Ordinance 7631-06 on second reading, making numerous amendments to the
Community Development Code by amending Articles 2,3, 4, and 8.
Ordinance 7631-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7631-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.2 Adopt Ordinance 7677-06 on second reading, annexing certain real property whose post
office address is 1524 South Highland Avenue, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 7677-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7677-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.3 Adopt Ordinance 7678-06 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 1524 South Highland Avenue, upon annexation into the City of
Clearwater, as Residential Low.
Ordinance 7678-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7678-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.4 Adopt Ordinance 7679-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1524 South Highland Avenue, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7679-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7679-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.5 Adopt Ordinance 7687-06 on second reading, amending the composition of the Sister Cities
Advisory Board to add a youth member.
Ordinance 7687-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7687-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.6 Adopt Ordinance 7689-06 on second reading, annexing certain real property whose post
office address is 1321 Woodbine Street into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7689-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7689-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Council 2006-11-02 4
8.7 Adopt Ordinance 7690-06 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 1321 Woodbine Street, upon annexation into the City of Clearwater, as
Residential Low.
Ordinance 7690-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7690-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.8 Adopt Ordinance 7691-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1321 Woodbine Street, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7691-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7691-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.9 Adopt Ordinance 7692-06 on second reading, annexing certain real property whose post
office address is 109 McMullen Booth Road, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
Ordinance 7692-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7692-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.10 Adopt Ordinance 7693-06 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 109 McMullen Booth Road, upon annexation into the City of Clearwater,
as Residential Urban.
Ordinance 7693-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7693-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Council 2006-11-02 5
8.11 Adopt Ordinance 7694-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 109 McMullen Booth Road, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7694-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7694-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.12 Adopt Ordinance 7695-06 on second reading, annexing certain real property whose post
office address is 1960 East Skyline Drive into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 76959-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7695-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.13 Adopt Ordinance 7696-06 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 1960 East Skyline Drive, upon annexation into the City of Clearwater, as
Residential Low.
Ordinance 7696-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7696-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.14 Adopt Ordinance 7697-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1960 East Skyline Drive, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7697-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7697-06 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.
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8.15 Adopt Ordinance 7698-06 on second reading, annexing certain real property whose post
office address is 1606 Scott Street into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7698-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7698-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.16 Adopt Ordinance 7699-06 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 1606 Scott Street, upon annexation into the City of Clearwater, as
Residential Low.
Ordinance 7699-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7699-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.17 Adopt Ordinance 7700-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1606 Scott Street, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7700-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7700-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.18 Adopt Ordinance 7701-06 on second reading, annexing certain real property whose post
office address is 3060 Allen Avenue into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7701-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7701-06 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.
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8.19 Adopt Ordinance 7702-06 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 3060 Allen Avenue, upon annexation into the City of Clearwater, as
Residential Urban.
Ordinance 7702-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7702-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.20 Adopt Ordinance 7703-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 3060 Allen Avenue, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7703-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7703-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.21 Adopt Ordinance 7704-06 on second reading, annexing certain real property whose post
office address is 2727 Daniel Street into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7704-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7704-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.22 Adopt Ordinance 7705-06 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 2727 Daniel Street, upon annexation into the City of Clearwater, as
residential urban.
Ordinance 7705-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7705-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Council 2006-11-02 8
8.23 Adopt Ordinance 7706-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 2727 Daniel Street, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7706-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7706-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.24 Adopt Ordinance 7707-06 on second reading, annexing certain real property whose post
office address is 1415 Regal Road into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7707-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7707-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.25 Adopt Ordinance 7708-06 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property whose
post office address is 1415 Regal Road, upon annexation into the City of Clearwater, as
Residential Low.
Ordinance 7708-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7708-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.26 Adopt Ordinance 7709-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1415 Regal Road, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7709-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7709-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Council 2006-11-02 9
8.27 Adopt Ordinance 7720-06 on second reading, amending the Code of Ordinances relating
to Traffic and Motor Vehicles by amending Section 30.060 Penalties/Warning Letter upon
Failure to Comply With Ticket.
Ordinance 7720-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7720-06 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.
City Manager Reports
9 - Consent Agenda
- Approved as submitted
9.1 Accept funding and approve the corresponding agreement from the Juvenile Welfare Board
totaling $239,035 for funding of three teen programs and two middle school aged summer camp
programs and authorize the appropriate officials to execute same. (Consent)
9.2 Award a Contract for $945,308.10 to Grosz & Stamper Construction Co., Inc. of Tarpon
Springs, Florida, USA for the construction of an addition to Fleet Maintenance to accommodate
Fire Maintenance and Police Vehicle Storage; approve the purchase of three vehicle lifts from
Heavy Duty Lift & Equipment Inc. of Buford, GA for $157,657.10; approve $40,000 expenditure
for in-house services by Building and Maintenance; approve $29,559.24 for in-house
engineering and project management expenditures; approve $11,725.24 per the Public Art
Ordinance 7489-05; establish a capital improvement project for the Fleet Maintenance Facility
Expansion in the amount of $1,184,249.68, and authorize the appropriate officials to execute
same. (Consent)
9.3 Approve the Black & Veatch Work Order for Engineering Design Services for Pump Station
65 Force Main Reroute in the amount of $139,800 and authorize the appropriate officials to
execute same. (Consent)
9.4 Appoint Mr. Kip Corriveau (only applicant) to the Neighborhood and Affordable Housing
Advisory Board in the City resident category with the term expiring on April 30, 2010. (Consent)
9.5 Appoint Councilmember Doran to fill the remainder of Hoyt Hamilton's term on the Pinellas
Planning Council (PPC) expiring on December 31, 2006 and to a new two year term on the PPC
expiring on December 31, 2008. (Consent)
9.6 Approve settlement of Louise Evans v. City of Clearwater, Case 06-001353-CI-021 in the
amount of $50,000 and authorize appropriate officials to execute the settlement agreement.
(Consent)
9.7 Approve the legal services agreement between the City and the law firm of Thompson,
Sizemore & Gonzalez to represent the City in Wendy Cason v. City of Clearwater, Case 06-
6654-CI-15, and other employment matters as they arise, in the estimated amount of $75,000.
(Consent)
Council 2006-11-02 10
9.8 Nominate Mayor Frank Hibbard to serve on the American Public Gas Association (APGA)
Public Gas Policy Council (PGPC) to represent the City of Clearwater and the Clearwater Gas
System.
Councilmember Petersen moved to approve the Consent Agenda as submitted and that
motion
the appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
10 - Other items on City Manager Reports
10.1 Approve the State of Florida Department of Transportation contract renewal for sweeping
State roadways as outlined in the Maintenance Agreement, FIN project 42193917201 and
adopt Resolution 06-54.
The maintenance agreement between the FDOT (Florida Department of Transportation)
and the City of Clearwater approved by City Council on October 6, 2005, will expire on
December 6, 2006. This is the final renewal of the 2-year renewal option for the continued
sweeping of various State roadways in 26 cycles.
The City of Clearwater Legal Staff has coordinated the scope of services with the FDOT
representative. Renewal is subject to the terms and conditions as outlined in the scope of
services, designated sweeping locations, and method of compensation. FDOT Standard
Agency Format requires conformance with the Manual of Uniform Traffic Control Devices
(MUTCD). The Public Services Department has the necessary equipment to conform to the
MUTCD, i.e. a shadow truck with an attenuator and arrow board. FDOT compensation for
services is based on miles of sweeping completed, currently estimated at $40,876.94 annually
(at $70.30 per mile). Operating costs to provide these services are approximately $50 per mile.
Councilmember Petersen moved to approve the State of Florida Department of
Transportation contract renewal for sweeping State roadways as outlined in the Maintenance
motion carried
Agreement, FIN project 42193917201. The was duly seconded and
unanimously.
Resolution 06-54 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 06-27 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.
10.2 Accept a FY 2006 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant in
the amount of $450,000 for a three-year period to fund the Clearwater Area Task Force on
Human Trafficking and approve an agreement with the YWCA of Tampa Bay for provision of
victim advocacy services to Human Trafficking victims, and authorize the appropriate officials to
execute same.
Councilmember Petersen declared a conflict of interest.
Council 2006-11-02 11
On April 6, 2006, the City Council approved the submission of the Police Department’s
grant application for federal grant funding for a Law Enforcement Task Forces and Services for
Human Trafficking Victims Grant from the U.S. Department of Justice. On September 29, 2006,
the Clearwater Police Department (CPD) received notification that it had been awarded
DOJ/BJA funds in the amount of $450,000 for the implementation and operation of a Clearwater
Area Task Force on Human Trafficking (CATFHT). The grant is for a three-year period,
beginning on October 1, 2006 and ending on September 30, 2009.
CPD is now seeking City Council approval to accept the grant, which will provide funding
for two Human Trafficking Detectives (one to be hired immediately, the second to be hired
during the second year of the grant); two vehicles; travel/training expenses; contractual victim
services provided by the YWCA; necessary supplies, including digital tape recorders, guns,
tasers, computers, work stations, digital cameras, radios, standard uniforms; and cell phone
service. The two Human Trafficking Detectives will be assigned from within the Department and
the grant-funded positions will be “back-filled” by new recruits. Two new police officer positions
will be created and funded by the grant; there are no retention requirements for these positions.
Through its Hispanic Liaison Officer and Operation Apoyo Hispano, CPD has used its
wide network of service providers and community contacts – including informants – within the
Hispanic community to identify and locate Human Trafficking (HT) victims and operations.
Currently, in conjunction with federal, state and local law enforcement agencies, CPD is
investigating several suspected HT cases on a part-time basis with personnel from the Patrol
Division and CPD Intelligence Unit. However, because CPD does not have full-time personnel
to follow up on these cases, these efforts must be coordinated and prioritized with other law
enforcement functions.
With the acceptance of this grant, CPD will proceed with the creation of CATFHT, which
will include CPD; the YWCA of Tampa Bay; Regional Community Policing Institute; U.S.
Attorney’s Office for the Middle District of Florida; World Relief Corporation; The Haven Spouse
Abuse Shelter; Bureau of Immigration and Customs Enforcement; Office of the State Attorney
for the Sixth Judicial Circuit; Pinellas County Sheriff’s Office; Gulf Coast Legal Services, Inc.;
Florida Department of Law Enforcement; and Regional Domestic Security Task Force. Through
this Task Force, CPD will develop a proactive victim-centered strategy to increase the
identification and rescue of trafficking victims.
CPD will work very closely with World Relief Corporation, which has also received a DOJ
grant to fund HT victim services associated with CATFHT. World Relief will focus on the delivery
of victim services such as housing, clothing, counseling, etc., while CPD focuses primarily on
the enforcement and education side of the project. Education of CPD’s officers and the general
public is essential to raise awareness of the problem of Human Trafficking and will be an
integral part of CATFHT’s mission. The Regional Community Policing Institute will assist CPD
in training all of its police officers on HT issues so that they can be alert to this often hidden
problem. Public education sessions will also be scheduled to make Clearwater area residents
aware of the existence of HT victims within their community.
There is a 25% in-kind match required for this grant; CPD is providing well in excess of
the in-kind match with the $477,389 in salaries/benefits of the existing staff who will be working
on this project along with the two HT Detectives. A contractual agreement between the City of
Clearwater and the YWCA of Tampa Bay has been prepared.
Council 2006-11-02 12
Councilmember Hamilton moved to accept a FY 2006 Department of Justice, Bureau of
Justice Assistance (DOJ/BJA) grant in the amount of $450,000 for a three-year period to fund
the Clearwater Area Task Force on Human Trafficking and approve an agreement with the
YWCA of Tampa Bay for provision of victim advocacy services to Human Trafficking victims,
motion
and authorize the appropriate officials to execute same. The was duly seconded.
Councilmembers Hamilton, Jonson, and Doran, and Mayor Hibbard voted “Aye”;
carried
Councilmember Petersen abstained. Motion .
Miscellaneous Reports and Items
11 - City Attorney Reports
:
11.1 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.
On September 15, 2006, Arbitrator Holland issued his Opinion and Award in the Trevor
Murray discharge case.
Paramedic Murray had been discharged from the City for deliberately failing to respond
to a 911-dispatch call for medical service. Following this action, Mr. Murray’s certification as a
Paramedic in Pinellas County was indefinitely revoked by the Office of Medical Director. He
filed an appeal of the revocation, but voluntarily dismissed the appeal prior to hearing. Mr.
Murray also filed a grievance contesting the discharge under the IAFF (International Association
of Fire Fighters) collective bargaining agreement, resulting in Holland’s Opinion and Award
through the Federal Mediation and Conciliation Service.
The Opinion and Award appears to exceed the Arbitrator’s authority in several respects.
The Arbitrator did not simply rule on whether the City had “just cause” for the discharge, which
is the disciplinary standard under the collective bargaining agreement. He also found that the
City: 1) Failed to provide due process in effecting the discharge; 2) Improperly failed to identify
an obvious system abuser [the 911 caller]; 3) Must reinstate Mr. Murray at a Paramedic rate of
pay while he seeks to reinstate his Paramedic certificate; 4) Must support [Mr. Murray] in his
request for reinstatement of the certificate; and 5) May demote Mr. Murray if he is unsuccessful
in regaining the certificate, but must continue to employ him as a Firefighter [essentially
requiring creation of a special job].
The Florida Arbitration Code, Florida Statutes Chapter 682, provides for review of an
arbitrator’s decision in Circuit Court under certain circumstances. Because the Employer and
Union have contractually agreed to submit cases to arbitration, the grounds for review are more
limited than that in a regular civil appeal. One of the grounds is that the arbitrator exceeded his
or her powers. An Application to Vacate Award must be filed within 90 days of receipt of the
award. The Circuit Court may order a rehearing of the case before either a new arbitrator or the
same arbitrator. If the Court denies the Application to Vacate then it confirms the Award. There
is no statutory provision for the award of attorneys’ fees and costs in Circuit Court review; thus,
each party should bear its own fees and costs. After consultation with the City’s legal counsel in
the case, the City Attorney’s Office recommends that an Application to Vacate Award in Circuit
Court based upon the appropriate grounds be authorized in this case.
Council 2006-11-02 13
Outside counsel Greg Hearing reviewed the case and stated the request to vacate is
based on the arbitrator having exceeded his authority, impacting City operations and public
safety.
Eleven people spoke in opposition to filing to vacate the award.
It was stated this is a difficult decision but to avoid establishing a dangerous precedent, it
is important to vacate the decision of an arbitrator who exceeded their authority. It was
recommended that emergency call procedures be negotiated and made part of the union
contract.
Councilmember Doran moved to authorize Filing in Circuit Court of Application to Vacate
Arbitrator’s Award in City of Clearwater v. Clearwater Firefighters Association, Inc., IAFF, Local
motion
# 1158 [Trevor Murray Discharge], FMCS Case 05-58832. The was duly seconded and
carried
unanimously.
The Council recessed from 8:53 to 9:01 p.m.
11.2 Approve bringing a proposed City of Clearwater Local Bill to the Pinellas County
Legislative Delegation on November 16, 2006, amending Chapter 11050, Laws of Florida, 1925,
which granted certain submerged lands surrounding the Memorial Causeway Bridge to the City.
The City was granted certain submerged lands surrounding the Memorial Causeway
bridge through a 1925 Special Act of the Legislature. The Local Bill will: ratify the grant to the
City of Clearwater; confirm the consistency of the uses of said lands, including the use for the
Clearwater Marine Science Center as provided for in chapter 86-345, Laws of Florida (1986);
and provide for future use of said lands for public purposes including marinas and docking
facilities for use by the public and docks and mooring facilities for multi-family dwellings and
single family docks, consistent with the laws and rules of the Board of Trustees of the Internal
Improvement Trust Fund governing the use of sovereignty lands in the State of Florida,. The Act
shall take effect upon becoming law.
Councilmember Hamilton moved to approve bringing a proposed City of Clearwater
Local Bill to the Pinellas County Legislative Delegation on November 16, 2006, amending
Chapter 11050, Laws of Florida, 1925, which granted certain submerged lands surrounding the
motion carried
Memorial Causeway Bridge to the City. The was duly seconded and
unanimously.
12 - City Manager Verbal Reports
:
Consensus was to accept an Interim Councilmember position application submitted after
the deadline if proof of misprint is provided.
13 - Council Discussion Items
13.1 Sign Code Discussion
Council 2006-11-02 14
.
.
.
Discussion ensued regarding monument signs and banners, with recommendations to
obtain public input before revisiting the sign code. Concerns were expressed that staff has
other priorities and members of a task force on the subject felt that follow-up on their efforts had
not occurred.
Consensus was for staff to focus on current priorities.
14 - Other Council Action
14.1 Citv Attorney Salary Adiustment
Discussion ensued in regard to the City Attorney's salary being below the average of
other comparable cities and it was felt a 4% increase was appropriate.
Councilmember Jonson moved to increase the City Attorney's salary by 4%. The
motion was duly seconded and carried unanimously.
14.2 City Manaaer Salary Adiustment
It was noted that the City Manager earns well below what colleagues are paid. It was
felt a 4% increase was appropriate.
Councilmember Petersen moved to increase the City Manager's salary by 4%. The
motion was duly seconded and carried unanimously.
Council members reported on events in which they recently participated and reviewed
upcoming events; thanked Jazz Holiday volunteers for the successful event; encouraged
residents to review election issues and vote.
Councilmember Jonson requested attention be paid to streetlight outages.
Councilmember Hamilton offered kudos to Terry Schmidt and his crew for all they had
done in preparing for special events.
Mayor Hibbard reported the new state-of-the-art Morgan Heart hospital had opened at
Morton Plant Hospital.
15 - Adjourn
The meeting adjourned at 9:38 p.m.
~;/~
'-Mtfyor
City of Clearwater
15
Council 2006-11-02