Loading...
11/03/2003 . . . CITY COMMISSION WORK SESSION CITY OF CLEARWATER November 3, 2003 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 9:07 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. HR HUMAN RESOURCES 1. Authorize the additional amount of $50.000. to continue the services of Deborah Brown. Eso.. of the law firm of Thompson. Sizemore & Gonzalez to assist the City in contract neootiations with the International Association of Fire Fiohters (IAFF). (Consent) The City is involved in contract negotiations with the IAFF and the FOP. The Human Resources Department requires the continued assistance of Deborah Brown, an attorney with expertise in the area of contract negotiations and employment issues. The initial budget for this assistance was $50,000. In June 2003, the City Commission authorized an additional $20,000. Since negotiations are ongoing, it has been determined that an additional amount of $50,000 is needed to facilitate the contract negotiation process. In response to a question, City Attorney Pam Akin said the City used outside counsel for negotiations with the CWA and Police, as well. This additional amount will cover the upcoming impasse hearing with the IAFF as well as subsequent contract negotiations. The Legal Department staff does not have the ability to provide the specialized type of law required for these negotiations Commission Work Session 2003-11-03 1 11/3/03 . . . PR PARKS AND RECREATION 2. Accept arant fundina and approve the correspondina aareement from the Juvenile Welfare Board totalina $103.545. for fundina of three (3) teen proarams and authorize the appropriate officials to execute same. (Consent) The City of Clearwater Parks and Recreation Department has been awarded funding for a grant totaling $103,545 for FY 03-04 from the Juvenile Welfare Board. Commission approval is required for each subsequent year of the grant. Clearwater Parks and Recreation Charting a Course for Youth program was developed in 2000 to nurture teenagers at the Clearwater neighborhoods in which teens need the most direction. The program leaders have developed a safe haven for community teens and pre- teens ages 12-18; a space that they can call their own at Ross Norton Recreation Complex, North Greenwood Recreation and Aquatic Complex, and Joe DiMaggio Sports Complex. To maintain interest and to keep children active in the program, the actual program format, program specifics, and times are developed by the teen groups. Program activities include community service; volunteer activities; sports and games; cultural, performing, and visual arts; field trips; and educational programs such as prevention of HIV/AIDS, teen pregnancy, and drug abuse. Each facility has a room that has been completely dedicated to teens and teen programming equipped with lounge furniture, computers, and video games. An estimated 900 teens participate in the various programs each year. Similar to FY 02-03 the grant will cover 100% of the program that is currently hosted at the Ross Norton and Joe DiMaggio Complexes including one full-time Recreation Leader at each facility. The full-time Recreation Leader positions were funded in FY 00/01 and will continue to be funded by this grant. The North Greenwood Recreation and Aquatic Complex site was added in July of 2003. Clearwater's in-kind contribution includes overall program supervision and coordination. No matching funds are required. There is no requirement to continue the program when the grant ends. The following special project numbers have been established for accounting purposes: 181-99821 Juvenile Welfare Board/Joe DiMaggio Sports Complex Teens 181-99822 Juvenile Welfare Board/Ross Norton Complex Teens 181-99833 Juvenile Welfare Board/North Greenwood Teens In response to a question, Parks and Recreation Director Kevin Dunbar said the only way a job training program could be implemented would be through a partnership. PC PUBLIC COMMUNICATIONS 1. Adopt Resolution 03-41 - Approvina the transfer of Verizon Media Ventures. Inc. cable television franchise to Knoloav of Florida Broadband. Inc. Mayor Aungst recused himself. Commission Work Session 2003-11-03 2 11/3/03 . . . On June 20, 1996, the City of Clearwater adopted Ordinance 6046-96, granting a cable franchise to GTE Media Ventures, Inc., a wholly owned subsidiary of GTE Corporation. The ordinance granted the use of the City of Clearwater rights-of-way for a term of ten (10) years. On April 6, 2000, the City of Clearwater adopted Resolution 00-13, granting a transfer of control of the cable television franchise from GTE Media Ventures, Inc., to Verizon Media Ventures, Inc. as part of the GTE Corporation - Bell Atlantic Corporation merger. On July 22, 2003, Verizon Media Ventures submitted to the City of Clearwater FCC Form 394, a request to transfer control of the cable television franchise, to Knology of Florida Broadband, Inc. Under the associated purchase agreement, Knology will assume control of the franchise and all associated assets within the City of Clearwater. Knology New Media, Inc. is an integrated service provider, offering cable television, high-speed Internet, and local telephone service through a single connection. The company has assets primarily in the Southeast - Alabama, Georgia, Tennessee, South Carolina and Florida. The closest existing franchise is located in Panama City, Florida. City staff from Public Communications, Legal, and Internal Audit have reviewed documentation related to the transfer, and Public Communications staff have visited Knology's headquarters to speak with company leaders and inspect the company's infrastructure. Knology has assured staff that the company will comply with all provisions of the cable television franchise agreement as adopted in Ordinance 6046-96. Ms. Akin requested this item be continued, as Verizon has requested changes to the resolution and staff needs to provide more information to the Commission including a financial analysis being completed by the County. In response to a question, Ms. Akin said it is unlikely that the affected parties would deny this request. She said even if one party denied the request, Verizon would most probably not continue to provide this service. She suggested the request be approved unless there is a basis for the denial. It was remarked that Verizon has not competed well with Brighthouse Networks in providing the public with a competitive choice of services. Public Communications Director Doug Matthews said Verizon offers local phone service. Service to current subscribers would not be affected. Knology would continue to use the existing infrastructure. Consensus was to continue the item. Commission Work Session 2003-11-03 3 11/3/03 . PLD PLANNING 1. Public Hearina & First Readina Ordinance 7195-03. 7196-03 & 7197-03 - Approve the Petition for Annexation. Land Use Plan Amendment from County Industrial Limited (Il) to City Industrial Limited (IL) and Zonina Atlas Amendment from the County Liaht Manufacturina and Industry District (MI) to the City Industrial. Research and Technoloay District (IRT) for 2160 Ranae Road (A portion of Lots 15 and 16. Pinellas Groves in Sec 12-29-15). ANX2003-08017 (Weaver Enterprises. Inc.) This property is at the northwest corner of the intersection of Range and Belcher Roads. The applicant is requesting this annexation to receive City sewer and water service and to construct a 37,000 square foot building to city standards. The property is contiguous with the existing City boundaries to the north, south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The site is approximately 3.15-acres in area and is currently vacant. It is proposed that the property have a Future Land Use Plan designation of Industrial Limited (IL) and a zoning category of IRT, Industrial, Research and Technology. The Planning Department determined 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 boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1- 3), and no objections have been raised. In response to a question, Long Range Planning Manager Gina Clayton said the property is vacant. A warehouse building is planned for this property. Setbacks for parking will be addressed by the CDB (Community Development Board). 2. Public Hearina & First Readina Ordinance 7198-03. 7199-03 & 7200-03 - Approve the Petition for Annexation. Land Use Plan Amendment from County Residential Low (Rl) to City Residential Low (Rl) and Zonina Atlas Amendment from the County R-3. Sinale-Family Residential District. to the City LMDR. Low Medium Density Residential District for 500 Dora Drive (Lot 92. Rollina Heiahts in Sec 07-29-16). ANX2003-08018 (HaYden D. & Amy J. Beatty) The subject property is located at 500 Dora Drive, on the west side of the street approximately 250 feet south of Sharkey Road. The applicant is requesting this annexation, in order to receive City sewer service. The property is not contiguous to existing city boundaries, however, it is located in an enclave surrounded by city property on all sides and is within the borders of the City's planning area; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with regards to voluntary annexation. The subject site is . Commission Work Session 2003-11-03 4 11/3/03 . approximately 0.24 acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan Designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential. 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 not contiguous to existing municipal boundaries, however, it is located in an enclave surrounded by city property on all sides and is within the borders of the City Planning area. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1- 3) and no objections have been raised. The Community Development Board will review this proposed annexation at its regularly scheduled meeting on October 21 , 2003. The Planning Department will report the Board's recommendation at the Commission meeting. . In response to a question, Ms. Clayton said the homeowner is using a septic system and will receive sanitary sewer service. ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES 1. Beautification Committee - 1 Appointment (Consent) Ms. Goudeau said Dagmar Ortiz's term on the Beautification Committee has a term which is expiring and he is not interested in reappointment. The person appointed will begin immediately with a term to November 30, 2007. There are four nominees. Consensus was to place Sheila Sullivan's appointment on the consent agenda for Thursday night. 2. Parks and Recreation Board - 1 Appointment (Consent) Ms. Goudeau said Lawrence Lindner's term on the Parks and Recreation Board is expiring and he is ineligible for reappointment. Ms. Goudeau said staff has requested this item be delayed for additional names to be received. . Commission Work Session 2003-11-03 5 11/3/03 . . . 3. Community Relations Board - 1 Appointment (Consent) Candace Garnder's term on the Community Relations Board is expiring and she is not interested in reappointment. Consensus was to place Mattie Whitson's appointment on the consent agenda for Thursday night. CA LEGAL DEPARTMENT 1. Authorize settlement of Mehr/Pearn. et al. v. City of Clearwater et al.. U.S. District Court Case No. 8:02-CV-1313-T-24TBM. a claim alleQinQ constructive discharoe. seekinQ a name clearinQ hearinQ. and alleoinQ public records violations. and Mehr/Pearn v. City of Clearwater. Circuit Court Case No. 02-6690-CI-7. a claim alleQinQ public records violations. in the total amount of $15.000. (Consent) Former police officers Mehr and Pearn filed suit against the City in federal and state court regarding the City's actions in relation to their separation from employment and public records requests. The U.S. District Court dismissed a portion of the constructive discharge and public records claims. If settlement does not occur, the remaining claims will go to jury or non- jury trial, the federal trial being set for February 2004. The U.S. District Court ordered mediation to be held on October 13, 2003. Representatives of the parties agreed upon settlement as follows, contingent upon City Commission approval: City to pay Plaintiffs $15,000. Plaintiffs agree never to seek any type of future employment with City; No admission of liability or wrongdoing by any party; Plaintiffs to dismiss both federal and state lawsuits with prejudice, each party to bear own attorneys' fees and costs; Plaintiffs execute General Release; Plaintiffs indemnify City in case Plaintiffs breach settlement agreement in future; Plaintiffs responsible for tax consequences; Mehr and Pearn may provide personal rebuttal statements re substance of OPS investigation, no third-party statements or documents to be submitted, statements will not disparage individuals; City may respond in non-disparaging manner to statements and this will be final word; Acknowledgement that settlement agreement is public record. Mehr and Pearn in seeking other employment may identify City's Human Resources Director as point of contact. If contacted by prospective employer, Director will provide only verification of employment, rate of pay, job title, and identification of ability of prospective employer to review records; Notation to be made in personnel files to direct reference inquiries to Director; and Final agreement to be drafted and signed by all parties. Commission Work Session 2003-11-03 6 11/3/03 . . . In response to a question, Ms. Akin said this is the final settlement. There is one other case still is pending in federal court. She said the $15,000 is the total cost including attorneys' fees. Other City Attorney Items 1. Adopt Resolution 03-43 - Approvina a membership apportionment plan for the Pinellas County Metropolitan Plannina Oraanization (MPO). Discussion ensued regarding the makeup of the MPO Board and whether it is apportioned properly. Public Works Director Mashid Arasteh said the City of St. Petersburg is proposing to increase their representation by one and add a rotating member to represent the Big C. In response to a question, it was indicated the County Commission represents the entire County. It was noted the cities of Oldsmar, Tarpon Springs and Safety Harbor share a rotating member. Discussion ensued regarding the PST A endorsing adding a member to represent the beach communities. Consensus was to support adding a representative from the Big C. The resolution was pulled from Thursday's night agenda. Commission Discussion Items 1. Update on enforcement at Shepard's Restaurant The north shoreline/waterway area along Clearwater Pass just west of the Sand Key Bridge has seen a dramatic increase in the number of vessels and people during the Spring Break and summer weekends. Among the many reasons for the increase is the heavy promotion by entities such as Shepherd's Beach Resort, Radio Stations and Internet groups advertising the area as basically a "party place". Unfortunately, the combination of this label and surge in popularity has brought forth illegal activities such as public nudity, lewd behavior, underage consumption of alcohol, disorderly conduct (fighting), and illicit drug activity. A significant amount of the illegal activity was identified as coming from the boaters/bathers between the anchored boats and the shoreline. The general consensus gathered from among the many boaters/bathers in the area was they felt safe from any law enforcement intrusion. They felt "street" police officers could not easily wade out into the water and the tying up of large groups of vessels along side one another precluded marine units from easy access. Furthermore, from their vantage point, they could easily see any movement by law enforcement in the area. Unfortunately, in many ways the assessment by many of the boaters/bathers was correct in that this area proved to be very difficult for law enforcement to address. On many occasions a patrol officer or marine unit officer sent to a call individually would often have a potential suspect(s) flee either to the water (if it was an officer) or to the shoreline (if it was a marine unit). Furthermore, even when an officer and a marine unit were both on scene, often Commission Work Session 2003-11-03 7 11 /3/03 . times it was difficult to identify the potential suspect(s} as they would swim and/or submerge themselves between boats to avoid detection. In September 2002, a citywide committee was commissioned to look into the problems surrounding the area. Discussion centered around the creation of a vessel exclusion zone versus enhanced enforcement. Ultimately, it was decided the issue was best handled by law enforcement. The Clearwater Police Department was tasked with developing a strategic plan for the 2003 season to reduce the amount of law/ordinance violations and promote public safety. The Clearwater Police Department organized a law enforcement task force that consisted of members of the Clearwater Police Community Problem Response Team, Clearwater Police Traffic Team, Pinellas County Marine Unit, Pinellas County Drug Recognition Deputies, Commission of Fish and Wildlife Conservation, Alcoholic Beverage and Tobacco, and United States Coast Guard. The task force (Clearwater Pass Safety Awareness Campaign) targeted the weekends during Spring Break, Memorial Day weekend, July 4th Holiday, and the Labor Day Weekend. The joint agency task force has had a significant impact in reducing the amount of law/ordinance violations in the targeted area. The task force has received many accolades from boaters and area residents/businesses. The continued goal of the task force is stabilize the area to a point where special operations will no longer be necessary or be substantially reduced. . The task force is prepared to target the same dates as in 2003. In the absence of a vessel exclusion zone or other alternative, there is an extreme likelihood that if the area is not proactively patrolled; the high volume of illegal activities will again surface. A comparison analysis was conducted for the summers of 2002 and 2003 in the 600 block of South Gulfview Boulevard. The targeted time period was from March 1 through September 8. The analysis indicated calls for service were down but it was not a significant drop. A total of 6 operations were done during the 2003 season. Total Arrests: 88 (felonies, misdemeanors, DUI, QUI, etc.) Total Boat Safety Inspections: 341 Citations: 209 Warnings: 196 Seizures: 1 vessel and 1 vehicle Without a doubt, the heavy advertisement of this area from Shepard's Beach Resort and local radio stations has a dramatic affect on the type and numbers of people drawn to these events. However, no promoter pays for increased police services from marine law enforcement. Shepherd's Beach Resort pays for two off-duty police officers on Sunday's during the Spring Break/Summer weekend period. Although we discussed with Shepard's the need to increase the number of off duty officers hired, that never occurred. . In order to appropriately handle the amount of calls for service and propensity for police related issues, there is a great need for an increased level of police off duty service. Commission Work Session 2003-11-03 8 11/3/03 . Anecdotally, we know that our enforcement efforts have been successful in dampening the perception among some segments of the community that this area is a free-for-all. Over the course of the summer, we saw some displacement of the illegal and nuisance activity. The task force is prepared to operate similarly in the spring and summer of 2004. In the absence of a vessel exclusion zone or other alternative, there is an extreme likelihood that the high volume of illegal activities will again surface if the area is not pro-actively patrolled. Deputy Police Chief Dewey Williams gave an overview of enforcement efforts near Shepard's Restaurant. In response to a question, Police Lieutenant Michael Waters said no calls were received regarding violations of the noise ordinance in the area of Shepard's. He said the alcohol ordinance is unenforceable on the water except for operating a vessel under the influence or for juveniles who are drinking. Discussion ensued regarding complaints that off-duty officers are not highly visible. Mr. Williams said off-duty police officers are not hired as bouncers and do not go into the bar area unless they are needed. In response to a question, additional officers would give additional visibility serving as a deterrent. He said although the City has partnerships with other enforcement agencies, those agencies cannot commit to assisting every weekend as they have responsibilities beyond Clearwater Pass. . It was suggested that local radio stations and organizations that promote their functions as being "party headquarters", etc. on weekends, be asked to pay for additional law enforcement during those activities. In response to a question, Ms. Akin said she did not know what type of enforcement could be done on private property. 2. 20-foot Exclusion Zone for Clearwater Pass Marine and Aviation Director Bill Morris said the MAB (Marine Advisory Board) and the FDOT (Florida Department of Transportation) were consulted regarding implementing a 20-foot exclusion zone in Clearwater Pass. Mr. Morris said the MAB felt it would be impossible to mark and enforce such a zone due to the strong currents in the area. He said there has been some improvement this summer in the types of activities in the area due to increased law enforcement presence in the area. He was unsure if the nearby public access easement area could be of any benefit in helping with the localized activities. It was suggested that local businesses and organizations holding special events in the area be responsible for increased enforcement. In response to a question, Mr. Morris said although Shephard's is interested in renourshing the beach in the area, the sand would end up in Clearwater Pass unless different methods of restructuring it were used. He said he was not aware of County interest in doing any renourishment in that area. . There was discussion in regard to businesses having events sharing in the cost of law enforcement and in regard to applying some pressure on radio stations to pay for additional law enforcement especially if involved in City concerts. Commission Work Session 2003-11-03 9 11/3/03 . . . It was remarked that although the City wants people to enjoy the beach, residents should get involved by expressing their opinions via mail and phone to local businesses that encourage rowdiness, etc. There was no support for a 20-foot exclusion zone at this time. Other Commission Action Assistant City Manager Garry Brumback said the FOOT is working on improvements to the access to Clearwater Mall. The FOOT has agreed to modify the traffic signals to allow improved traffic flow in and out of the Mall. The Sembler Company also has agreed to improve internal signage. It was suggested patrons use Sky Harbor Drive to access Gulf-to-Bay Boulevard. Commissioner Jonson suggested Commissioner Gray provide information on activities/organizations with which she is affiliated prior to her departure in December. He also requested discussion on the interim period from December to March when Commissioner Gray's seat is vacant. He announced the County Commission's legislative workshops are November 13 through 15. He noted the Suncoast League of Municipalities would be reviewing their goals and mission. He requested citizen input regarding the City's website. Adiourn The meeting adjourned at 10:38 a.m. Commission Work Session 2003-11-03 10 11/3/03