05/06/2004
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Present: Brian J. Aungst
Frank Hibbard
Hoyt P. Hamilton
William C. Jonson
Carlen Petersen
Also present: Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
CITY COUNCIL MEETING
CITY OF CLEARWATER
May 6, 2004
Mayor
Vice-Mayor
Councilmember
Councilmember
Council member
Assistant 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 Reverend Rusty Belcher of the First United Methodist Church. 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 - Introductions and Awards - None.
. 5 - Presentations:
5.1 - Proclamation - Public Works Week - May 16 - 22,2004
5.2 - Proclamation - Emergency Medical Week - May 16 - 22, 2004
5.3 - Proclamation - Tourism Week - May 9 - 15, 2004
5.4 - Presentation
CPO (Clearwater Police Department) Volunteers presented a facsimile of a check,
representing the dollar value of their volunteer time, estimated at $240,000.
6 - Approval of Minutes
6.1 - City Council Minutes - April 15, 2004
Councilmember Jonson moved to approve the minutes of the April 15, 2004, meeting, as
recorded and submitted in written summation by the City Clerk to each Councilmember. The
motion was duly seconded and carried unanimously.
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7 - Citizens to be Heard re Items Not on the Agenda
Billie Neaman and Virqinia Brown of Citizens for Safe Water, and Allan Graham and Ellie
Esposito spoke against fluoridating the County's drinking water.
Dorothy B. Stanley spoke against the traffic-calming project planned for Skycrest.
Public Hearings
8 - Administrative public hearings
8.1 - Declare as surplus to City needs Lots 47 and 48, Block F, Greenwood Park No.2, a/kJa
1128-1130 Palm Bluff Street. and issue Advertisement For Bid No. 17-04 solicitinq sealed bids
of not less than $10,000 per lot.
Pinellas County deeded subject Lot 47 to the City on December 17,2003, following title
vesting in the County due to non-payment of ad valorem taxes. The City had filed $9,788.14 in
Code violation liens against the property prior to title escheating to the County.
The City acquired title in subject Lot 48 a year earlier, on December 17, 2002, by
Certificate of Title issued in settlement of judgment in favor of the City in a civil suit filed in
Circuit Court to foreclose a delinquent mortgage balance of $5,760.11 securing a rehabilitation
loan funded in CDBG (Community Development Block Grant) File No. RL-632 (Lamb).
Neighbors and real estate professionals recently have expressed private sector interest
in the lots. On March 31, 2004, State Certified Appraiser Chris Van Slooten performed an
appraisal of each lot that valued the City's fee simple interest at $10,000 per lot. Upon the two
parcels being declared surplus to City needs, they will be advertised for bid to the highest
responsive bidder submitting a sealed bid, or bids, of not less than $10,000 per lot, and
complying with any other minimum requirements established by the Council. The purchase
contract will be negotiated with the party or parties submitting the most responsive bid for each
lot. Following contract approval by the Council, and successful closing(s), net sale proceeds will
reimburse Engineering $400 for appraisal expenses, with the balance to reimburse
delinquencies cited above.
Councilmember Hamilton moved to declare as surplus to City needs Lots 47 and 48,
Block F, Greenwood Park No.2, a/kJa 1128-1130 Palm Bluff Street, and issue Advertisement
For Bid No. 17-04 soliciting sealed bids of not less than $10,000 per lot. The motion was duly
seconded and carried unanimously.
9 - Quasi-judicial public hearings - None.
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10 - Second Readings - Public Hearing
10.1 - Adopt Ordinance #7280-04 on second readino, which amends Appendix A. Clearwater
Code of Ordinances, Fees for services provided by the Clearwater Police Department.
Ordinance #7280-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7280-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
10.2 - Adopt Ordinance #7288-04 on second readino, approvino vacation of a portion of First
Street North, a drainaoe and utility easement Iyino within a vacated portion of First Street North,
and a utility easement Iyino in a vacated portion of Chautauqua Blvd., located in Chautauqua
Unit 1, Section A.
Ordinance #7288-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7288-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
10.3- Adopt Ordinance #7247-04 on second readino, amendino the future land use plan to
desionate real property whose post office address is 24698 U.S. 19 North as Residential
Medium and Water/Drainaoe Overlay; and chanoe the land use desionation for real property
whose post office address is 2520 Sunset Point Road from Commercial General. Residential
Low Medium and Water/DrainaQe Overlay to Residential Medium and Water/Drainaoe Overlay.
(LUZ 2003-10011)
Ordinance #7247-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7247-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
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10.4- Adopt Ordinance #7248-04 on second readinQ, amendinQ the ZoninQ Atlas of the City by
rezoninQ certain real property whose post office address is 24698 U.S. 19 North as Medium
Density Residential (MDR) and by rezoninQ certain real property whose post office address is
2520 Sunset Point Road from Commercial (C) and Mobile Home Park (MHP) to Medium
Density Residential (MDR) (LUZ 2003-10011).
Ordinance #7248-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7248-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
City Manager Reports
11 - Consent Agenda - Approved as submitted.
11.1 - Authorize settlement of the workers' Compensation claim of Claimant. Jose Correa, in its
entirety to include medical, indemnity and attorney fees for the sum of $193,250 and authorize
the appropriate officials to execute same.
11.2 - Declare surplus to the needs of the City and authorize disposal throuQh sale at the
Tampa Machinery Auction, Tampa. Florida, per list of vehicles and equipment.
11.3 - Approve the fourth amendment to the Clearwater Airpark, Inc. lease, the Fixed Base
Operator at Clearwater Airpark, amendinQ Exhibit "B," the Tie-Down/HanQar Lease for airpark
tenants.
11.4 - Approve termination of the Lease and the License AQreement between Phil Henderson
Sr., President of Clearwater Ferry Service, and the City of Clearwater prior to the termination
date scheduled for AUQust 31, 2004.
11.5 - Approve one time fundinQ from unapproriated-retained earninQs for the operation of two
summer camp proQrams for economically disadvantaQed children that has been previously
funded by the Juvenile Welfare Board in the amount of $52.200.
11.6 - Accept a perpetual 10-foot Utility Easement dated March 30, 2004. over and across a
portion of Lot 12, Clearwater I ndustrial Park conveyed by Belcal Properties, LLC, a Florida
limited liability company, as more specifically described therein.
11.7 - Amend an existinQ Local AQreement Proiect (LAP); increasinQ by $278.568.93 for a new
aQreement total of $620,528.93; for the desiQn and construction of a traffic siQnal and driveways
on Courtney Campbell Causeway and Damascus Road and Award a contract for the Courtney
Campbell Causeway and Damascus Road SiQnalization Proiect (03-0051-EN) to David Nelson
Construction Company. Inc. of Palm Harbor, FL for the sum of $541.368.93 which is the lowest
responsible bid received in accordance with the plans and specifications.
11.8 - Approve the final plat for "Treetops at Druid Road," located at 2525 Druid Road.
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11.9 - Authorize the use of $20,000 of retained earninqs to fund the Clearwater All-American
City Award deleqation's room, board, reqistration, and other expenses at the 2004 All-American
City Awards in Atlanta, GA.
11.10 - Brownfields Advisorv Board: Appoint Wallace Smith (Resident) and Chris Rattrav
(Business Owner or Representative), with terms expirinq on May 31, 2008.
11.11 - Request for Authority to institute a civil action aqainst Equibore of America, Inc., to
recover $7.436.90 for damaqe to City property.
11.12 - Request for Authority to institute a civil action aqainst Professional Services Industries,
Inc. to recover $4.450.54 for damaqe to City property.
Purchasing
11.13 - Fencinq material and installation durinq the contract period: May 22, 2004 throuqh May
31, 2005.
Councilmember Hibbard 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.
12 - Other items on City Manager Reports
12.1 - Pass on first readinq Ordinance #7292-04 which pertains to the City of Clearwater
Firefiqhters Supplemental Trust Fund to permit a chanqe in the Plan's investment policy to allow
a "BBBn or hiqher rankinq by a maior ratinq service for any bonds invested in by the Plan.
The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies
obtained by the State of Florida from insurance companies doing business within the
community. A Board of Trustees, solely responsible for administration of the trust fund,
manages these monies with the aid of investment and legal professionals. Because of the lump
sum payout provision of the Plan, the investment strategy includes significant allocation of Plan
assets in fixed income investments.
The current investment policy of the Plan limits investments in Bonds to those that carry
an "An rating or better. At its most recent quarterly meeting, the Board of Trustees was
requested by its primary portfolio manager and investment consultant to consider changes in its
investment policy to permit the manager to allow for investment grade bonds of a "BBBn rating.
The specific recommendation reviewed the risk/return characteristics of BBB bonds, which are
considered a large source of value added in a high quality portfolio. This is consistent with the
Plans Target Index of Return, made up of the Merrill Lynch Domestic Master Bond Index, which
holds 11.5% of BBB Bonds.
Accompanying this change is a requirement in the Supplemental Trust Fund Investment
Policy that the average credit quality of the entire bond portfolio remain at an "An or better rating.
The Board of Trustees subsequently approved the recommendation and is requesting
amendment to the Ordinance as indicated above.
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Council member Jonson moved to approve, pertaining to the City of Clearwater
Firefighters Supplemental Trust Fund, permitting a change in the Plan's investment policy to
allow a "BBB" or higher ranking by a major rating service for any bonds invested in by the Plan.
The motion was duly seconded and carried unanimously.
Ordinance #7292-04 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7292-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
12.2 - IAFF Union neqotiations update.
Human Resources Director Joe Roseto reported the IAFF (International Association of
Fire Fighters) Union had voted down the proposed contract. The City will return to the
bargaining table next week.
13 - City Attorney Reports
13.1 - Adopt Resolution #04-11. supportinq the consolidation of Pinellas Suncoast Transit
Authority (PST A) bus Route 80 with the route of the PST A Suncoast Beach Trolley for the
purpose of improvinq service to residents and visitors to Pinellas County beaches and the City
of Clearwater and urqinq the PST A Board of Directors to approve the consolidation of said
routes.
Resolution #04-11 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #04-11 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
14 - City Manager Verbal Reports
Executive Golf Course
Assistant City Manager Brumback reported the Executive Golf Course has received 5
complaints from Keene Road motorists regarding golf balls in the road. He reviewed insurance
coverage and indicated the operator is considering methods to address the problem: 1) plant
landscaping by the fence; 2) plant trees inside the fence; and 3) reconfigure the two holes that
cause problems. It was recommended the City contact the County for help in achieving a
satisfactory solution.
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Citizen Survey
Public Communications Director Doug Matthews requested feedback on the proposed
survey questions. It was recommended the survey be added to the City's website for input by
all residents, as long as data is not commingled. It was reported the survey will sample
residents who voted in at least three of the last five municipal elections. Discussion ensued
regarding use of "redevelopment" in the survey as the word can be interpreted in many ways.
Concern was expressed use of a more appealing word, such as revitalization, may skew
responses.
In response to a recommendation that follow-up questions probe resident reactions to
Downtown improvements, etc., it was stated the use of open-ended questions would increase
survey costs significantly. It was recommended the survey reference the proposed marina as
"boat slips" and include prohibitions against items such as fuel docks. Mr. Matthews said staff
opposed separating questions on removal of waterfront parking spaces from replacement of
those spaces. It was noted the location of replacement parking seems to be a point of
disagreement. In response to a suggestion that questions related to green space precede those
regarding parking, it was recommended the survey not be designed to guide answers.
15 - Council Discussion Items - None.
16 - Other Council Action
Councilmembers Hibbard, Petersen, Jonson, and Hamilton enjoyed starting today at the
Prayer Breakfast at the Harborview Center and thanked the organizers.
Councilmembers Hibbard and Hamilton attended the Rotary Exchange Program
yesterday, with visitors from Argentina and indicated City civic groups make the City better.
Councilmembers Hibbard, Petersen, and Jonson, and Mayor Aunost greatly enjoyed the
May 1, 2004, Grand Opening of the new Main Library.
Councilmember Hibbard congratulated Steve Miller, of the Parks & Recreation
Department, who retired after 30 years with the City and thanked him for his contributions.
Councilmember Hibbard attended a fundraiser for The Haven, which does a great job helping
abused women.
Council member Petersen attended the Out of the Blue art show last weekend at the
Harborview Center and encouraged this type of activity. During a recent visit to Birmingham,
England, Councilmember Petersen noticed successful redevelopment work achieved in that
community.
Councilmembers Petersen and Hamilton, and Mayor Aunost enjoyed participating in the
Fun In Sun parade on May 1, 2004, and thanked residents for their attendance.
Councilmember Jonson expressed concern Largo had provided better incentives to
relocate the historic Louis Ducros House and hoped something could be done to keep the
structure in Clearwater. Councilmember Jonson supported endorsing a pilot project regarding
the Integrated 4.9 GHz Public Safety/5.9 GHz WAVE radio system to form a Community
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Network Infrastructure as long as privacy aspects are carefully monitored. Councilmember
Jonson encouraged Congress to enact appropriate Spam control legislation. Councilmember
Jonson reviewed PSTA plans for stops at Westfield Shopping Town. Council member Jonson
announced trees will be given away during the May 8, 2004 Arbor Day celebration.
Councilmember Jonson attended a Sayonara party on May 3, 2004, for those visiting Nagano,
Japan for a Sister City celebration. Councilmember Jonson reported the Clearwater Historical
Society's fish fry last weekend had been a great success.
Councilmember Hamilton said it would be improper for Councilmembers to attend IAFF
union meetings, as they must maintain impartiality. Councilmember Hamilton attended a
Countywide meeting related to homelessness, and hoped initiatives had been started to
address this serious situation. Councilmember Hamilton reported the City Council will meet one
more time before leaving for Japan. Councilmember Hamilton complimented Parks &
Recreation staff for scheduling many Fun 'n Sun activities.
Mayor AunQst provided an update on City projects at the Belleair Rotary Club May 15,
2004, luncheon. Mayor AunQst went to Washington D.C. on April 21,2004, with staff members
to meet with the City's lobbyist, Congress members, and Senate staff. Mayor AunQst enjoyed
attending the April 24, 2004, Clearwater Airpark Open House. On May 1, 2004, Mayor AunQst
welcomed the Clearwater Amateur Radio operators, who were celebrating their 50th
anniversary. Mayor AunQst attended an April 25, 2004, concert in Coachman Park. Mayor
AunQst attended the April 27,2004, Police Department Volunteer Recognition Lunch and
thanked those who volunteer on behalf of Clearwater citizens. Mayor AunQst attended the April
30, 2004, Principals' Appreciation Luncheon at Ruth Eckerd Hall and thanked area schools for
their commitment to the arts. On April 30, 2004, Mayor AunQst welcomed the Sons of the
American Revolution, Clearwater Chapter and State Chapter to their annual meeting. Mayor
AunQst attended a May 1, 2004, Charity Works fund raiser in Belleair. On May 2, 2004, Mayor
AunQst welcomed Florida Orchestra attendees at the Coachman Park Concert. Mayor AunQst
attended the May 5, 2004, retirement reception for Andrew Barnes, with the St. Petersburg
Times. Mayor AunQst was interviewed by Pinellas Channel 18, which is highlighting Clearwater
in the upcoming "CityScapes." Mayor AunQst invited residents to attend tomorrow's annual
Police Memorial Service at Station Square Park. Mayor AunQst will attend the May 7, 2004,
National Tourism Luncheon at the Renaissance Vinoy. Mayor AunQst announced the next Work
Session is on May 17, 2004, at 9:00 a.m.
17 - Adjourn
The meeting adjourned at 7:22 p.m.
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