10/16/2006
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
October 16, 2006
Present: Frank Hibbard Mayor – departed at 9:46 a.m.
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 8:30 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Presentations
Service Awards
Four service awards were presented to City employees.
The Council recessed from 8:35 to 8:36 a.m. to meet as the Pension Trustees.
Police
Approve the renewal of a contract with the Pinellas County Sheriff’s Office, Largo, Florida, for
latent fingerprint and crime scene services, including evidence and property storage, during the
contract period October 1, 2006, through September 30, 2007, at a cost of $393,386.35.
(Consent)
The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department
began this contractual agreement on January 1, 1994. The agreement covers latent fingerprint
examination, property/evidence storage and crime scene processing.
The total cost of the FY (Fiscal Year) 2006/07 agreement is $393,386.35, which
represents a 25.9% decrease from the previous FY 2005/06 agreement. The decrease is
attributed to a requested reduction in crime scene calls for service from 2,500 to 1,500. In City
negotiations with PCSO this year, PCSO has agreed to allow the City to carry over
approximately 500 unused calls from FY 2005/06 into FY 2006/07 as a one-time adjustment,
which will result in a total of about 2,000 calls for service covered under this contract.
The FY 2006/07 agreement, in the amount of $393,386.35, is broken down into three
service areas. Included in this total cost is $98,066.80 for latent fingerprint services; $55,319.55
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for property/evidence storage; and $240,000.00 for crime scene processing calls. The crime
scene processing call amount is based on 1,500 service calls at a rate of $160 per call. Billing
for calls in excess of 2,000, including the 500 calls for service carried over, will be invoiced at
the rate of $160 per call.
In response to a question, Police Chief Sid Klein said each municipality contracts with
PCSO for a different scope of services. The City contracts for full services. PCSO does not
charge smaller cities for these services. Discussion ensued regarding rate schedule inequities.
Engineering
Approve amending Chapter 30 Traffic and Motor Vehicles, Article II Stopping, Standing and
Parking, Division 1, Section 30.060 Penalties / Warning Letter Upon Failure to Comply with
Ticket by eliminating overpayment refunds of $10 or less and requiring overpayment refunds
greater than $10 to be requested within 90 days of the overpayment and pass Ordinance 7720-
06 on first reading.
Citation Management is the vendor that began processing the City's parking fines
effective October 1, 2005. All fines are deposited directly into the City's bank account. Fine
overpayments occur for a number of reasons including: paying an amount other than what is
printed on the ticket; paying the fine and the late penalty when a late penalty is not due; both the
citizen and the registered owner pay the fine separately; a late notice is sent and the citizen
makes payment a second time; mailed payments do not reach the payment center on time and
the citizen chooses to pay the fine amount and any penalties with a credit card in an effort to
avoid additional penalties.
The number of overpayments that required refund checks the first ten months is 550.
Nearly 40% of the overpayments are less than $10. Citation Management has worked with the
City to implement changes to reduce the number of refunds but these efforts have been
unsuccessful. The Finance Department has estimated the costs to process a check exceed
$10. The ticket stock will be changed to reflect this change.
Discussion ensued. Finance Director Margie Simmons reviewed the process and labor
costs related to issuing refund checks.
Consensus was for the City to refund overpayments of any amount if requested within
90 days of the overpayment.
Planning
Approve revisions to the Community Development Code and pass Ordinance 7631-06 on first
reading.
The Planning Department is recommending a total of 22 amendments to the Community
Development Code. The amendments present a change in current policy or a new policy issue
and are outlined here: 1) Parking Requirements - The parking formula is revised to more
appropriately reflect parking requirements for certain uses, so that adequate parking is provided;
2) Off-street Loading and Vehicle Stacking Distances - This amendment provides for
comprehensive and detailed loading requirements, improving the assignment of requirements
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per use; 3) Comprehensive Sign Program - This amendment enables certain monument sign
proposals to be eligible for comprehensive sign program review; and 4) Annexations - This
amendment will reduce the time required to annex property by several weeks. Other
amendments do not have major policy implications.
Assistant Planning Director Gina Clayton reviewed proposed changes. In response to a
question, Ms. Clayton said the Code already includes a shared-parking incentive for mid-size
hotels.
10. City Manager
Approve the Interlocal Agreement between the City of Clearwater, Pinellas County and the
Pinellas Suncoast Transit Authority (PSTA) defining roles, responsibilities and funding
commitments of the parties, for the purpose of conducting a Joint Use Facility Feasibility Study
to assess the operational and financial feasibility of a joint City/County/PSTA facility in
downtown Clearwater. (Consent)
The consultant study to be funded by this Agreement will take a two-phase approach. In
Phase I, the consultant will evaluate the technical and operational feasibility (i.e. synergies,
economies of scale, cost savings/avoidance) of a joint-use facility. After completion of this
phase, the three entities shall review the results and make a determination whether to proceed
to Phase II, which will focus on site specific evaluation and analysis. Should two or more parties
choose to proceed, Phase II will proceed. The total project cost is estimated to be $310,000.
Phase I is estimated to cost $130,000, with PSTA (Pinellas Suncoast Transit Authority)
paying $32,500 and the City and County each paying $48,750. In Phase II, each of the three
parties will pay $60,000. The agreement provides flexibility, however, to share cost
proportionately between the remaining participants, should one party opt out after Phase I. As
contracting agency for the study, the City will enter into an agreement with a consultant to
conduct the study, and the County and PSTA will reimburse the City pursuant to the Interlocal
Agreement.
Assistant City Manager Rod Irwin reported the City has met with County Administration
and PSTA regarding a joint-use facility. The County and PSTA will consider this item next
week.
In response to a question, Mr. Irwin said the study will review other joint uses,
operational efficiencies, and related savings. If the agencies agree with Phase I results, Phase
II will consider specific sites and make recommendations. This request will fund Phase I. It was
recommended that the study consider customer views.
Legal
Approve filing a Petition for a Writ of Certiorari to the 2nd District Court of Appeal regarding
Pinellas County Emergency Medical Services, Office of the Medical Director vs. Dwayne C.
Vaughan, DOAH Case 06-2384. (Consent)
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The Medical Director for the Pinellas County Emergency Medical Services revoked the
certification of former Clearwater Fire Department (CFD) paramedic Dwayne C. Vaughan to
practice as a paramedic with CFD after conducting a “quality assurance review” (QAR) of Mr.
Vaughan’s medical treatment of Thomas Tipton, who died after violently resisting several
Clearwater police officers on April 5, 2006.
Section 401.425(5), Florida Statutes, states that the investigations, proceedings, and
records of the QAR shall not be subject to discovery in any civil action. After Mr. Vaughan
appealed the medical director’s revocation of his certification to an administrative law judge
assigned by the Division of Administrative Hearings (DOAH), Mr. Vaughan’s attorney requested
to take the depositions of Fire Chief Jamie D. Geer and Assistant Fire Chief Jean-Pierre B.
Medani. Assistant City Attorney Leslie Dougall-Sides filed a Limited Notice of Appearance and
Motion to Limit Subpoenas and for Protective Order to preclude Mr. Vaughan’s attorney from
asking Chief Geer and Assistant Fire Chief Medani any questions regarding the investigations
they conducted as part of the QAR. On October 2, 2006, the administrative law judge issued an
Order Denying the City’s Motion to Limit Subpoenas and for Protective Order. The City
Attorney’s Office seeks approval to file a Petition for Writ of Certiorari in the 2nd District Court of
Appeal to challenge the administrative law judge’s order
In response to a question, Assistant City Attorney Rob Surette reported DOAH publishes
on its website cases it will litigate, staff is concerned that some information needs to be
protected due to the possibility of future litigation.
City Manager Verbal Reports
The City Manager reviewed staff actions designed to reduce the budget.
Council Discussion Items
Penny for Pinellas Project List
Budget Director Tina Wilson said the Penny for Pinellas Extension Projects for 2010-
2020 was approved by the City Council in July and totaled $130,910,180: 1) Police Equipment
Shelter - $2,833,250; 2) Police Homicide Vehicle - $150,000; 3) Clearwater Beach Fire Station
Renovation/Reconstruction - $4,147,910; 4) Lakeview Fire Station Renovation/ Reconstruction -
$4,755,560; 5) Countryside Fire Station Renovation/Reconstruction - $4,648,460; 6) Downtown
Streetscaping - $12,500,000; 7) Highland Avenue Widening - Union Street to Sunset Point Road
- $2,500,000; 8) Bayshore Boulevard Realignment North of Drew St - $2,500,000; 9) Downtown
Parking - $6,250,000; 10) Coachman Park Redevelopment - $5,000,000; 11) Youth Sports
Fields Renovations & Improvements - $7,000,000; 12) Neighborhood Parks Renovations &
Improvements - $5,000,000; 13) Recreation Trails - $3,000,000; 14) Countryside Family
Aquatics Center Development - $2,500,000; 15) Municipal Beach Parking Garage -
$12,500,000; 16) Citywide Seawall Replacement - $1,250,000; 17) Countryside Branch Library
Expansion & Renovation - $6,250,000; 18) East Branch Library Expansion & Renovation -
$6,250,000; 19) Library Technology - $1,250,000; 20) New City Hall & Parking Garage -
$25,000,000; 21) Citywide Wireless Mesh - $3,125,000; 22) Senior Facility - $3,500,000; 23)
Ruth Eckerd Hall - $4,000,000; 24) Traffic Calming - $5,000,000.
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Ms. Wilson reported the County had requested that the City act quickly should it choose
to revise the list. In response to questions, Economic Development & Housing Director Geri
Campos reviewed staff efforts to find other funding sources for downtown streetscaping.
Assistant City Manager Garry Brumback said the East Library’s contemplated joint-use with
SPC (St. Petersburg College) may not result in substantial cost savings. Police Chief Klein
reported the Police Equipment Shelter could be removed from the list as it had been funded
from another source. City Engineer Mike Quillen said the Bayshore realignment would address
a safety issue by removing one sharp curve, while the Highland Avenue widening would
improve the level of service.
Discussion ensued regarding potential cost savings and quality of life improvements.
Staff was directed to report estimated costs associated with the East Gateway streetscaping
project, East Library expansion versus renovations, and anticipated monthly savings on
stormwater bills if some projects funded through Penny.
Interim Councilmember Appointment
Consensus was to accept Interim Councilmember applications until October 31, 2006,
and to schedule half of the applicants for five-minute presentations with questions and answers
on October 30, 2006, and the other half on November 14, 2006. Appointment will be made at a
special meeting on December 12, 2006.
Budget Task Force
The City Manager and Ms. Wilson submitted a draft mission, scope, objectives, and
timeframe for the Budget Task Force
Mission: Establish an energetic group of citizens to advise the City Council, from a citizen’s
perspective, on how to reduce future City budgets, and provide recommendations based upon
given objectives, using the framework of the City’s mission statement “to provide cost effective
municipal services and infrastructure necessary for a high quality of life for all our citizens” as a
guide.
:
ScopeThe area of focus will be limited to the General Fund budget, to include a general
review and understanding of the following budget components and departmental budgets: 1)
Employee pension plan; 2) Pay plans and collective bargaining agreements; 3) Health insurance
benefits; 4) Property/Liability Insurance; 5) Public Safety Program Budgets; 6) Police; 7) Fire; 8)
Quality of Life Program Budgets; 9) Parks and Recreation; 10) Library; 11) General review of
comparative service levels of neighboring communities and like-size Florida communities; and 12)
Impact of possible State legislative actions as to how these actions could impact the City’s budget
and what that might mean to a City taxpayer.
:
ObjectivesProvide a means for citizens from a variety of age groups and geographic areas
within the City to come together to study the specific issues outlined in the scope and provide
educated recommendations to the Council in the following areas: 1) Identify non-essential services
and 2) Provide recommendations in priority order as to specific budgeted programs or projects that
the Council should look at for reduction;
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Timeframe: 1) The Task Force will meet weekly on Monday evenings between the hours of
6:00 and 8:00 p.m. and 2) The Task Force will complete their review process and prepare a report
to the Council by February 28, 2006.
Discussion ensued with recommendations to change the word “reduce” to “address” and
remove the word “energetic.” Additional discussion was scheduled for Thursday’s City Council
meeting.
Attorney/Client Session
The City Attorney requested an attorney/client session regarding Evans versus the City
be scheduled for October 30, 2006, at 1:00 p.m. Consensus was to so schedule.
14. Other Council Action
Councilmembers expressed condolences regarding the passing of John Doglione and
Ed Wells, Jr.
Councilmember Jonson requested that missing sidewalk links in downtown be agendaed
for the next CRA (Community Redevelopment Agency) meeting; reviewed crosswalk signage.
Councilmember Jonson said due to a requirement to protect public use of the right-of-
way, he recommended MOT (Movement of Traffic) plan limits for the beach Hyatt project’s
swinging crane. The City Manager said the City Engineer is responsible for these management
issues. Discussion ensued with the majority agreeing that staff is responsible for MOT details.
15. Adjourn
The meeting adjourned at 11: 19 a.m.
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