09/02/2004
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CITY COUNCIL MEETING
CITY OF CLEARWATER
September 2, 2004
Present: Brian J. Aungst
Frank Hibbard
Hoyt P. Hamilton
William C. Jonson
Carlen Petersen
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
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. Assistant Pastor Skip
Dvornik of Calvary Baptist Church, offered the invocation. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4. Introductions and Awards:
4.1 Award for the Clearwater Public Works Departments from the Florida Enoineerino Society -
Florida Professional Enoineers
The Clearwater Public Works Departments received an award from the Florida
Engineering Society of Florida Professional Engineers.
5. Presentations:
5.1 End of Session Report and Presentation - Rep Berfield
Representative Kim Berfield reviewed legislative issues addressed this year. The Mayor
presented her a plaque in appreciation of work done during the 2004 legislative session.
Proclamation: Make a Difference Fishino Tournament Dav - October 2.2004
6. Approval of Minutes
6.1 City Council - Auoust 5. 2004
AND
6.2 City Council - Auo 16. 2004
Councilmember Jonson moved to approve the minutes of the August 5 and August 16,
2004, meetings as corrected by the City Clerk. The motion was duly seconded and carried
unanimously.
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. 7. Citizens to be Heard re Items Not on the Agenda
John Wiser asked the status of restroom facilities in the Countryside area. He showed
photographs of restroom facilities in other areas of the City.
Public Hearings
8. Administrative public hearings
8.1 Approve the recommended Penny for Pinellas proiect list. as revised. for fiscal years
2004/05 throuoh 2009/10.
On March 6, 1997, the City Council adopted Ordinance #6137-97. The ordinance
established the requirement for a special hearing prior to the adoption of the capital
improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there
is any proposed change to Penny for Pinellas funding of $500,000 or more.
A list is available which includes the Penny for Pinellas projects as currently approved by
the City Council last September and the new list for Recommended Project Funding as included
in the proposed FY 2004/05 capital improvement plan through the final year of Penny receipts in
fiscal 2009/10. There are four projects with changes, as follows:
Fire Trainino Facility/Administration Facility Proiect
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This project reflects a scope change, which combines the Fire Training Facility and the
Fire Administration Facility into one project. Funding has been increased by $1,605,000 in
Fiscal Year 2006. This increase is offset by a like decrease in the Main Fire Station project.
Main Fire Station Proiect
This project reflects a scope change, which moves the Administration Building portion of
the project to the Fire Training Facility/Administration Facility project. Funding has been
decreased by $1,605,000 in Fiscal Year 2006. This is offset by a like increase in the Fire
Training Facility/Administration Facility project.
Recreation Trails
This project reflects an overall decrease of $600,000 in funding over the six-year period,
which has been reallocated to the Morningside Recreation Center Replacement project.
Morninoside Recreation Center Replacement
In Fiscal Year 2008, this project reflects an increase of $600,000, which is offset by a like
decrease in the Recreation Trails project.
Councilmember Hamilton moved to approve the recommended Penny for Pinellas
project list, as revised, for fiscal years 2004/05 through 2009/10. The motion was duly
seconded and carried unanimously.
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8.2 Pass Ordinance #7337-04, Millaoe Ordinance, on first readino to set a final millaoe rate of
5.753 mills for fiscal year 2004/05 levied aoainst non-exempt real and personal property within
the City.
In accordance with the State of Florida's "Truth-in-Millage" (TRIM) Act and the City
Charter it is necessary for the City Council to adopt a final millage rate for the upcoming year.
In June 2004, the City Manager presented his recommended 2004/05 Annual Operating
and Capital Improvement Budget recommending a millage rate of 5.753 mills. This millage rate
was approved as a tentative millage rate by the City Council at the July 15, 2004 Council
meeting. This rate will generate $41,332,660 of ad-valorem property taxes for the City of
Clearwater in 2004/05.
Ordinance #7337-04 is now presented in order that this tentative millage rate be adopted
as the final rate for the 2004/05 fiscal year. This rate is the same rate as adopted in each of the
past two years and reflects a 9.83% increase over the rolled-back rate of 5.2379 mills.
Councilmember Hibbard moved to set a final millage rate of 5.753 mills for fiscal year
2004/05 levied against non-exempt real and personal property within the City. The motion was
duly seconded and carried unanimously.
Ordinance #7337-04 was presented for first reading and read in full. Councilmember
Hamilton moved to pass Ordinance #7337-04 on first reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
8.3 Pass Ordinance #7338-04. Annual Operatino Ordinance. on first readino, adoptino the City
of Clearwater Annual Operatino Budoet for the 2004/05 fiscal year.
The City Charter, Pinellas County regulations, and Florida State Statutes outline
requirements that must be met for the City to be able to levy taxes and fees and spend
resources on mandated or desired goods and services. The adoption of this ordinance and two
related ordinances are an integral part of fulfilling these requirements.
In June 2004, the City Manager presented to the City Council a detailed Preliminary
Operating Budget that outlined estimated revenues and proposed expenditures for the 2004/05
fiscal year. Copies of this document were made available to residents and the news media.
The budget was discussed at Council meetings and budget workshops earlier this summer.
Ordinance #7338-04 is now presented in order to adopt the operating budget and
authorize the City Manager to issue instructions to achieve and accomplish authorized services.
Councilmember Jonson moved to adopt the City of Clearwater annual operating budget
for fiscal year 2004/05. The motion was duly seconded and carried unanimously.
Ordinance #7338-04 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7338-04 on first reading. The motion
was duly seconded and upon roll call, the vote was:
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"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
8.4 Pass Ordinance #7339-04 the Capital Improvement Ordinance. on first readina. adoptina
the Fiscal Year 2004/05 Capital Improvement Budaet and establishina a six-year plan for the
Capital Improvement Proaram (CIP).
The City Charter, County regulations, and Florida State Statutes outline regulations that
require local governments to prepare and adopt comprehensive planning and development
programs.
The Capital Improvement Program plan provides the mechanism to meet these
requirements. Major physical undertakings costing $25,000 or more and having a useful life of
at least three years are defined as "capital" projects and are accounted for in this Capital
Improvement Program.
In June 2004, the City Manager presented to the City Council detailed proposed
operating and capital improvement budgets. The Capital Improvement Program budget outlines
projects and funding sources for $57.6 million of projects to be undertaken in Fiscal Year
2004/05. The budget also contains a six-year plan, which outlines projects and funding sources
for each of the next six years totaling $318 million. Each of these plan years will be reviewed
and revised as needed, and budgets presented for formal budget adoption in subsequent years.
The adopted Capital Improvement Budget can be amended with Council approval
through the quarterly budget review process.
Councilmember Hibbard moved to adopt the fiscal year 2004/05 Capital Improvement
Budget and establish a six-year plan for the Capital Improvement Program (CIP). The motion
was duly seconded and carried unanimously.
Ordinance #7339-04 was presented for first reading and read by title only.
Council member Hamilton moved to pass Ordinance #7339-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
9. Quasi-judicial public hearings - None.
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10. Second Readings - public hearings
10.1 Adopt Ordinance #7310-04 on second readina, annexina certain real property whose Post
Office address is 404 Oakmount Rd., into the corporate limits of the City. and redefinina the
boundary lines of the City to include said addition.
Ordinance #7310-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7310-04 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 #7311-04 on second readina. amendina the Future Land Use Plan
element of the Comprehensive Plan of the City. to desianate the land use for certain real
property whose Post Office address is 404 Oakmount Rd.. upon annexation into the City of
Clearwater as Residential Low.
Ordinance #7311-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7311-04 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 #7312-04 on second readina. amendina the zonina atlas of the City by
zonina certain real property whose Post Office address is 404 Oakmount Road. upon
annexation into the City of Clearwater. as Low Medium Density Residential (LMDR).
Ordinance #7312-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7312-04 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.
10.4 Adopt Ordinance #7313-04 on second readina. annexina certain real property whose Post
Office Address is 1627 Sherwood Street. into the corporate limits of the City. and redefinina the
boundary lines of the City to include said addition.
Ordinance #7313-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7313-04 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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10.5 Adopt Ordinance #7314-04 on second readino, amendino the Future Land Use Plan
element of the Comprehensive Plan of the City to desionate the land use for certain real
property whose Post Office address is 1627 Sherwood Street. upon annexation into the City of
Clearwater, as Residential Low.
Ordinance #7314-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7314-04 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.
10.6 Adopt Ordinance #7315-04 on second readino, amendino the Zonino Atlas of the City by
zonino certain real property whose Post Office address is 1627 Sherwood Street. upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance #7315-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7315-04 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.
10.7 Adopt Ordinance #7316-04 on second readino, annexino certain real property whose Post
Office address is 1616 North Betty Lane. into the corporate limits of the City, and redefinino the
boundary limits of the City to include said addition.
Ordinance #7316-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7316-04 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.
10.8 Adopt Ordinance #7317-04 on second readino, amendino the Future Land Use Plan
element of the Comprehensive Plan of the City, to desionate the land use for certain real
property whose Post Office address is 1616 North Betty Lane, upon annexation into the City of
Clearwater. as residential low.
Ordinance #7317-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7317-04 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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10.9 Adopt Ordinance #7318-04 on second readino. amendino the Zonino Atlas of the City bv
zonino certain real property whose Post Office address is 1616 North Bettv Lane. upon
annexation into the City of Clearwater. as Low Medium Densitv Residential (LMDR).
Ordinance #7318-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7318-04 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, less Item #11.5.
11.1 Approve Chanoe Order #1 - Final to the Reservoir #1 Reverse Osmosis Water Plant to
Westra Construction Corporation of Palmetto, Florida, increasino the Contract bv $140.010.18
for a new contract total of $2.909.043.18 and ratify and confirm a time extension of seventv-
eioht (78) days. and that the appropriate officials be authorized to execute same.
11.2 Approve transferrino $238.823.65 from the Garaoe Fund Retained Earninos to Motorized
Equipment - Cash proiect 315-94222.
11.3 Approve the purchase of property. casualtv. liabilitv. workers' compensation, emeroencv
medical services (EMS). fuel tank. and flood insurance coveraoe for Fiscal Year 2004/2005 as
provided for in this aoenda item in an amount not to exceed $1.750.000.
11.4 Approve an Aoreement between the City and the Clearwater Reoional Chamber of
Commerce for tourism services in Fiscal Year 2004-2005 in return for fundino in the amount of $
170.000 and authorize the appropriate officials to execute same.
11.5 See paoe 8.
11.6 Approve a one-year fundino aoreement. in the amount of $281.220 between Jollev Trollev
Transportation of Clearwater Inc. and the City of Clearwater for the operation of transportation
and trollev services on Clearwater Beach, Island Estates. Sand Kev and services from
Clearwater Beach to Downtown Clearwater and authorize the appropriate officials to execute
same.
11.7 Contract with the Pinellas County Sheriff's Office. Laroo. Florida. for latent finoerprint and
crime scene services includino evidence and property storaoe durino the contract period
October 1,2004. throuoh September 30.2005. at a cost of $509,932.11. and that the
appropriate officials be authorized to execute same.
11.8 Approve the transfer of $18.719.89 received from Clearwater Housino Authoritv for
payment in lieu of taxes (PILOT Funds) to the Clearwater Homeless Intervention Proiect. Inc.
(CHIP), and that the appropriate officials be authorized to execute same.
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11.9 Approve an Amendment to Lease between the City of Clearwater and the State of Florida
Department of Transportation, authorizina the extension of the lease term bv fifty (50) years for
the Courtney Campbell Causeway. and that the appropriate officials be authorized to execute
same.
11.10 Approve payment to the Clerk of the Circuit Court in the amount of $111.141.78 for the
costs of processina parkina citations for the period October 1. 2003 throuah June 30, 2004.
11.11 Approve the Aareement between the Florida Department of Environmental Protection
pursuant to the Environmental Protection Aaencv Grant Award for fundina for the Kapok
Wetland and Floodplain Restoration Proiect in the amount of $500.000 and authorize the
appropriate officials to execute same.
11.12 Approve the Local Aaencv Proaram (LAP) proiect aareement between the State of
Florida Department of Transportation (FDOT) and the City of Clearwater for the desian and
construction of the Druid Section of the Clearwater East-West Trail (04-0021-PR); and approve
a work order in the amount of $846.151.60 to Wade-Trim. Inc.. an Enaineer of Record. for
enaineerina desian and construction administration services for both this proiect and a related
proiect. the Beach Connector Trail (04-0042-EN)and authorize the appropriate officials to
execute same.
11.13 Approve a chanae in scope to the Drew and Union Streets Reclaimed Water System
Contract 1- Pipeline Construction (01-0039-UT) and Union Street Force main (02-0010-UT)
(Transmission Main Alternate) to Westra Construction Corporation of Palmetto. Florida.
eliminatina the construction of a 30-inch force main and approve Chanae Order # 1 decreasina
the contract bv $1.142.653.80 for a new contract total of $3.851.361.60 and authorize the
appropriate officials to execute same.
11.14 Approve the Mavor's reappointment of Carol Warren to the Clearwater Housina Authoritv
Board with a term expirina September 30, 2008.
11.15 Appoint Councilmember Carlen Petersen and Vice-Mayor Frank Hibbard to serve as
representatives on the County-wide Homeless Task Force.
Councilmember Jonson moved to approve the Consent Agenda as submitted, less Item
#11.5, and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
11.5 Declare two Steadfast pedestrian bridaes surplus to the needs of the City and authorize
disposal throuah sealed bid sale.
Both bridges were purchased in 1996 at a cost of over $100,000 each and were installed
on the Glen Oaks property. Engineering and Parks and Recreation have reviewed all known
requirements and determined they have no future need. Both bridges have approximately 50%
life remaining. The estimated value is $25,000 each.
Finance Director Margie Simmons said originally, the City wanted to dispose of these
bridges through sealed bid sale, however the County has requested the City donate the bridges
to them.
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Concern was expressed regarding pedestrian safety on Sunset Point Road and it was
suggested these bridges be used in that area. Ms. Simmons believed the bridges were too
large.
Discussion ensued and support was shown for donating the bridges to the County if
used within the City's planning area. Parks and Recreation Director Kevin Dunbar said the
County had been discussing the possibility of using the bridges in two locations along the
Progress Energy Trail with one location being outside the City's planning area.
Councilmember Hamilton moved to authorize the City Manager to work with the County
on a solution to bring back to the Council. The motion was duly seconded and carried
unanimously.
12. Other items on City Manager Reports
12.1 Approve a 30-month Partnership and Operational Support Aoreement from October 1,
2004 - March 30. 2007, between the City of Clearwater and the African American Leadership
Council. Inc.. for the use and supervision of the Martin Luther Kino Center with an associated
orant of $100,000 for FY 2004/2005 and authorize the appropriate officials to execute same.
The City Commission approved a similar agreement with the AALC (African American
Leadership Council, Inc.) in September 1999 for the use of the Holt Avenue Youth Center. The
AALC has operated an extremely successful program at the Holt Avenue Center for the past
five years.
The AALC has outgrown their current facilities and desires to expand and offer additional
services and programs for the community.
Due to budget constraints, City staff is recommending that City services at Martin Luther
King be eliminated and/or moved to the new North Greenwood Recreation Complex. Therefore,
the facility would be available for use by AALC. This will provide annual savings to the City of
approximately $220,160.
This agreement will allow for the AALC to provide the same quality programs at the
larger Martin Luther King Center. They will provide the following services:
Provide programs to include but not be limited to parental support groups and skills
training, family literacy services, job counseling, child development activities, liaison to
the health care system, outreach (including home visits), on-site childcare for programs,
facilitation and support of community meetings and activities.
Provide agency personnel and volunteers to operate and supervise activities and special
programs at the Center, and surrounding area.
Provide facilitation and support of groups currently utilizing the facility for community
meetings and activities.
The AALC will be required to provide an annual report of activities consisting of the
number of clients served, costs of such service, commentary on the viability, effectiveness, and
trends affecting the program and success of same. Accounting of funds received from the City
for these programs will be required.
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The AALC will be responsible for all daily maintenance of the facility and will pay all
operating expenses associated with the Center including but not limited to electric, water,
sewer, solid waste bill for dumpster, custodial and minor interior building maintenance.
The City will provide the following funding and in-kind services:
An operational grant of $100,000 for FY 2004/2005. Grants for future years are subject
to annual budget approval by the City Council.
Lawn and landscape maintenance for all areas around the Youth Center.
Maintenance for all major capital components of the building, to include air conditioners,
roof, plumbing, electrical, etc.
The AALC shall have the option of renewing the term of the lease for an additional period
of time as allowed through successful negotiations with the Pinellas County School Board to
extend the Joint Use Agreement between the City and School Board.
Councilmember Jonson moved to approve a 30-month Partnership and Operational
Support Agreement from October 1,2004 - March 30, 2007, between the City of Clearwater
and the African American Leadership Council, Inc., for the use and supervision of the Martin
Luther King Center with an associated grant of $100,000 for FY 2004/2005 and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
. 12.2 Approve acceptance of a FY 2004/2005 Bvrne State and Local Law Enforcement arant in
the amount of $73.500 from the Florida Department of Law Enforcement and approve an
aareement with the YWCA of Tampa Bav for provision of contractual services durina the period
October 1. 2004 - September 30. 2005. in accordance with Sec. 2.564(1 )(e). Code of
Ordinances - Sole Source. and that the appropriate officials be authorized to execute same.
Councilmember Petersen recused herself.
The Police Department received award notification on July 26, 2004 of a Byrne State
and Local Law Enforcement grant in the amount of $73,500 that will be used to contract with the
YWCA of Tampa Bay to continue the implementation of "Operation Apoyo Hispano," which
provides interpreter, victim advocacy, and crime prevention services to the City's rapidly
growing Hispanic community. This is the fourth year that Operation Apoyo Hispano has been
awarded Byrne grant funding.
Operation Apoyo Hispano consists primarily of advocacy on behalf of Hispanic crime
victims and interpretation/translation for Spanish-speaking individuals in their dealings with the
police. The program will continue to be supervised by the YWCA's Coordinator of Hispanic
ServicesNictim Advocate, a bilingual and culturally competent person with counseling,
organizational, and supervisory skills. A full-time, bilingual Advocacy Assistant, who is also
employed by the YWCA, will assist the Coordinator.
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Operation Apoyo Hispano will also provide a series of crime prevention education
classes for Hispanic community groups and will provide information in Spanish on topics such
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as child abuse, domestic violence, bicycle safety, gangs, drug awareness, DUI, and
Neighborhood Watch.
Byrne grant funds will provide $73,500 for implementation of the program. A Special
Project, 181-99288, Operation Apoyo Hispano 2005, has already been established to account
for the grant expenditures. The required 25% cash match in the amount of $24,500 is already
funded and will be transferred from the Special Law Enforcement Trust Fund, 181-99331, to this
project as part of the 3rd quarter adjustments.
A contractual agreement between the City of Clearwater and the YWCA of Tampa Bay
has been prepared.
The YWCA has been determined to be the sole source for provision of the above-
referenced services. The YWCA was instrumental in designing and implementing the pilot
project that was originally funded two years ago with Weed and Seed dollars and funded last
year by the Byrne grant. There is no other comparable agency in Clearwater that is able to
provide these services for the Hispanic community.
Councilmember Hibbard moved to approve acceptance of a FY 2004/2005 Byrne State
and Local Law Enforcement grant in the amount of $73,500 from the Florida Department of Law
Enforcement and approve an agreement with the YWCA of Tampa Bay for provision of
contractual services during the period October 1, 2004 - September 30, 2005, in accordance
with Sec. 2.564(1)(e), Code of Ordinances - sole source, and that the appropriate officials be
authorized to execute same. The motion was duly seconded. Upon the vote being taken,
Councilmembers Hibbard, Hamilton and Jonson and Mayor Aungst voted "aye"; Councilmember
Petersen abstained. Motion carried.
12.3 Adopt Resolution #04-19. reducinQ hours of operation of Pier 60 fishinQ pier bv closinQ the
eveninQ shift 10 p.m. to 6 a.m. from October to March and increasinQ user fees on October 1.
2004.
Pier 60 as a recreational fishing pier has a history of close to breakeven operations. As
we make changes to better serve the market we have resisted price increases and adjusting
hours of operation. With the success of Sunsets, and a change in our retail operation, we have
made strides to gain sales when the most customers are there, between 6 a.m. and 10 p.m. To
cover the demand for service, we have had to increase staffing with overtime hours and longer
hours for part time employees.
To better serve our customers during the peak hours of 2 p.m. to 10 p.m. we want to
close the pier during the off peak hours of 10 p.m. to 6 a.m. from October to March. This will
help us improve customer service and utilize our employees where they are most needed.
For example, during the peak hours of 2 p.m. to 10 p.m. we often have lines at the
register and are understaffed to the point we call in part time employees in an overtime status.
During the off peak hours of 10 p.m. to 6 a.m., the City loses money.
User Fees:
There has not been an increase in user fees at Pier 60 since it was rebuilt in April 1994.
A marketing survey has indicated that an 18% increase in user fees, including fishing
admissions, rod rentals and fishing passes would bring our rates more in line with other fishing
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pier rates in the area. The resident rate will increase 10%. In keeping with our desire to best
. serve our residents, the City will have a resident and non-resident rate.
For example, the current adult fishing admission is $5.35. A 10% increase would be
$5.89 for a resident and an 18% increase for non-residents would be $6.36. The increase
would be scheduled for the new fiscal year beginning October 1, 2004.
Marine and Aviation Director Bill Morris said the Beach Chamber of Commerce was
supportive, but asked to keep a flat rate instead of resident and non-resident fees, which would
result in a $3,000 to $4,000 impact to the City.
It was remarked that other cities also separate and charge different fees for residents
and non-residents. In response to a question, City Manager Bill Horne said the annual and
monthly passes are not very active.
Councilmember Hibbard moved to approve reducing hours of operation of Pier 60 fishing
pier by closing the evening shift 10:00 p.m. to 6:00 a.m. from October to March, and increasing
user fees 10% on October 1, 2004, with no difference in resident and non-resident fees. The
motion was duly seconded and carried unanimously.
Resolution #04-19 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #04-19 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.
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"Nays": None.
12.4 Adopt Resolution #04-20 and approve the State of Florida Department of Transportation
maintenance aareement for sweepina State roadwavs as outlined in the "Scope of Services"
and authorize the appropriate officials to execute same.
The maintenance agreement between the Florida Department of Transportation and the
City of Clearwater will expire on October 22, 2004. The Florida Department of Transportation
has requested that the City of Clearwater enter into a new contract to sweep 13.456 miles of
various State roadways in 26 cycles.
This contract requires the Public Works/Public Services Department to conform to the
Manual of Uniform Traffic Control Devices, i.e. a shadow truck with an attenuator and arrow
board. Stormwater Maintenance has all the necessary equipment available.
FDOT compensation for services is based on miles of sweeping completed, estimated at
$15,568.59 annually (at $44.50 per mile). Estimated operating costs to provide these services
are approximately $37.00 per mile.
Councilmember Petersen moved to approve the State of Florida Department of
Transportation maintenance agreement for sweeping State roadways as outlined in the "Scope
of Services" and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
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Resolution #04-20 was presented and read by title only. Councilmember Hibbard moved
to pass and adopt Resolution #04-20 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.
12.5 IAFF Union NeQotiations Update.
Human Resources Director Joe Roseto reported the union has agreed to a one-year
proposal. The ratification vote will take place in approximately two weeks. If approved, staff will
begin negotiations regarding year two.
13. City Attorney Reports
The City Attorney recommended obtaining outside counsel to represent the Community
Development Board (COB) as representing both puts staff in an adverse position.
Consensus was to move forward with obtaining outside counsel to represent the COB.
14. City ManaQer Verbal Reports
The City Manager reported on approaching Hurricane Frances and anticipated Pinellas
County would declare a state of emergency tomorrow. He thanked the Council for approving
the FY 2004/05 budget.
15. Council Discussion Items - None.
16. Other Council Action
Vice-Mayor Hibbard attended a session on how to attract retailers at the FLC
conference; met at Bracci's re Jazz Holiday; said goodbye to Rowland Herald; was excited
about the new fire station; and visited Marine Max, who expressed interest in helping the City
with marinas.
Councilmember Petersen was impressed by the legislative voice the FLC has; noted
Jazz Holiday is coming up; said goodbye to Fire Chief Rowland Herald; commended the DDB
regarding sponsoring a youth to go to Creative Cities; and extended prayers to those in the path
of Hurricane Frances.
Councilmember Jonson attended a presentation on intermodal transportation activity
centers at the joint meeting of the MPO Citizens Advisory Committee. Discussion ensued in
regard to Clearwater not being one of the sites considered.
Councilmember Jonson attended a session regarding understanding quasi-judicial
proceedings at the FLC conference; called bingo at St. John's Primitive Baptist Church;
attended Lt. Steve Burch's retirement party; noted the Creative Cities Conference On
September 9; expressed concern regarding Hurricane Frances and appreciation for the work
staff is doing to prepare.
Council 2004-09-02
13
.
.
.
Councilmember Hamilton noted Lt. Burch oversaw the traffic unit in Clearwater; was
unable to attend the FLC; he enjoyed the grand opening of the new fire station; thanked Fire
Chief Rowland Herald for his service and wished him well; he said the City is in good hands with
Chief Greer; and reminded everyone to be careful regarding the upcoming hurricane.
Mavor AunQst wished former Fire Chief Rowland Herald well; noted Mr. & Mrs.
Countryside pageant is Wednesday; announced the next Work Session is at 1 :00 p.m. on
September 13; and wished everyone a safe Labor Day Holiday.
17. Adjourn
The meeting adjourned at 7:23 p.m.
A st:~c.~
Council 2004-09-02
14
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
CITY
COUNTY
NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE
Clearwater Cit Council
THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
~ CITY 0 COUNTY 0 OTHER lOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
Cit of Clearwater
MY POSITION IS:
T NAME-FIRST NAME-MIDDlE NAME
Petersen Carlen
MAILING ADDRESS
DATE ON WHICH VOTE OCCURRED
Se
2004
(X ELECTIVE
o APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form Defore
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
:ees to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
e which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
*
*
*
*
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88. EFF. 1/2000
PAGE 1
~
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, r.;:arl pn P/:>rprc:pn
, hereby disclose that on
September 2
,20~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of /"LJc.A 01:- to.."""\ ~ ($~
wl:lgmJamretained;Of- ~ ......JN~ll. ~cCM-d-. CJ6 clJ~e..~\ 3: 0.-y-.., C ~~,
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,by
, which
Item 12.2
Approve acceptance of FY2004/2005 Byrne State and
the amount of $73,500 from the Florida Department
an agreement with YWCA of Tampa Bay for provision
the period of October 1, 2004-September 30, 2005,
(1) (e), Code of Ordinances-Sole Source, and that
authorized to execute same.
Local Law Enforcement Grant in
of Law Enforcement and approve
of contractual services during
in accordance with Section 2-564
the appropriate officials be
9 - \ - 0 LI
Date Filed
~Gr~~
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2