12/03/2015 City Council Meeting Minutes December 3, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
o '
Meeting Minutes
Thursday, December 3, 2015
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes December 3, 2015
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Vice Mayor Jay E. Polglaze
Also Present: William B. Horne I I — City Manager, Jill Silverboard —Assistant City
Manager, Rod Irwin —Assistant City Manager, Pamela K. Akin - City
Attorney, and Rosemarie Call - City Clerk
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 6:00 pm at City Hall.
2. Invocation — Rev. Eric Eichinger from bethel Lutheran Church
3. Pledge of Allegiance — Councilmember Bill Jonson
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.) — Given.
4.1 National Believe Day Proclamation, December 11, 2015 - Cheyanne Shuman, Largo High
School ExCEL Magnet Program
4.2 Pinellas Trail 25th Anniversary Proclamation, December 5, 2015 - Scott Daniels,
President Pinellas Trail, Inc.
4.3 Festival of Trees Presentation - Madison Orr Hauenstein, Executive Director, The Arc
Ms. Hauenstein reviewed program accomplishment for 2015 and thanked
Council and staff for their continued support and efforts.
4.4 Turkey Trot Presentation - Skip Rogers, West Florida Runners Club Race Producer
Mr. Rogers reviewed event details, thanked the City for its continued
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partnership, and provided Councilmembers with a commemorative mug.
4.5 Volunteer Check Presentation - Natalie Lamb, Volunteer Coordinator
Ms. Lamb presented the City with a symbolic check for$972,523.00, which is
the dollar the value of volunteer work provided to the City, which exceeded
42,000 hours.
4.6 Annual Tourism Presentation
Imagine Global President Gabriele Sappok presented a PowerPoint
presentation reviewing Imagine's 2015 tourism marketing and public relations
activities for Clearwater.
In response to questions, Ms. Sappok said the City's App was shut down
because it was costly to keep current. The firm is considering potential
applications that can be designed with several interactive requirements and
are less costly. Economic Development and Housing Director Geri Campos
Lopez said staff looked at how the App was being used and determined it was
not working for Clearwater users, most individuals use mobile devices to
access destination related sites when traveling. There is a need for a website
that is responsive to mobile devices, which allows content to be updated once,
the App requires several updates. Ms. Sappok said the mobile website
received more of a response than the App. Public Communications Director
Joelle Castelli said individuals had difficulty finding the City App. Ms. Campos
said individuals need a reason to use an App; the City's App only provides
information. Most individuals use Yelp or other Apps to locate restaurants.
The City Manager said staff determined the City App was not feasible to
continue but if there is a desire to continue the City App, staff will need to
invest more resources. If Visit St. Petersburg Clearwater is developing an App,
staff would prefer to see how that App is working.
In response to a concern, Ms. Sappok said despite recent staffing changes,
the City's team remains intact and understand Clearwater's needs.
5. Approval of Minutes
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City Council Meeting Minutes December 3, 2015
5.1 Approve the minutes of the November 18, 2015 City Council Meeting Minutes as
submitted in written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
November 18, 2015 City Council Meeting Minutes as submitted in
written summation by the City Clerk. The motion was duly
seconded and carried unanimously.
6. Citizens to be heard re items not on the agenda
Karena Morrison said Mothers of Minors (MOM) recently toured Kimberly
Home and donated over 70 cans of infant formula and encouraged all to visit
MOM's website to view Christmas Wish List items for local children.
7. Consent Agenda — Approved as submitted.
7.1 Authorize a not to exceed amount of$600,000 to pay Gallagher Bassett Services, Inc.
for workers' compensation claims due and payable for the period of December 2015
through December 2018, and authorize the appropriate officials to execute same.
(consent)
7.2 Approve legal services agreements between Banker, Lopez, Gassler P.A. and the City
of Clearwater, and Pallo, Marks, Hernandez, Gechigian and DeMay, P.A. and the City
of Clearwater for legal services relating to workers' compensation claims; authorize
payments to said firms in an amount not to exceed $750,000 for the period of January
17 2016 through December 31, 2020; and authorize the appropriate officials to
execute same. (consent)
7.3 Declare list of vehicles and equipment surplus to the needs of the City and authorize
disposal through sale to the highest bidder at auction; declare miscellaneous furniture
and fixtures surplus to the needs of the City for disposition via a citywide surplus sale;
and authorize the appropriate officials to execute same. (consent)
7.4 Approve a proposal by Construction Manager at Risk Certus Builders of Tampa,
Florida, in the amount of$124,908.02 for the renovation and construction of Phase I
restroom expansion at Barefoot Beach House located on south beach at 332 S.
Gulfview Boulevard and authorize the appropriate officials to execute same. (consent)
7.5 Approve a purchase order (contract) for the construction of scoreboards and
decorative signs at Carpenter Complex and Jack Russell Stadium to Omega Sign
Service Corporation of Odessa Florida in the amount of$163,225 (Invitation to Bid
01-16) and authorize the appropriate officials to execute same. (consent)
7.6 Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for
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provision of contractual victim advocacy services in an amount not to exceed $15,000
for the period commencing January 1, 2016 through December 31, 2016 and
authorize the appropriate officials to execute same. (consent)
7.7 Award a construction contract to Steve's Excavating and Paving, Inc. of Clearwater,
Florida, in the amount of$2,825,423.59 for construction of Druid Road/Allen's Creek
Stormwater Improvements Project (11-0044-EN), which is the lowest responsible bid
received in accordance with plans and specifications; approve a Cooperative Funding
agreement between Southwest Florida Water Management District (SWFWMD) and
the City of Clearwater in the amount of$88,000 and authorize the appropriate officials
to execute same. (consent)
7.8 Approve an Amendment of Cooperative Funding Agreement with Southwest Florida
Water Management District (SWFWMD) and the City of Clearwater for the Resident
Initiated Reclaimed Water 2014 project (13-0052-UT) and authorize the appropriate
officials to execute same. (consent)
7.9 Approve the conveyance of a Distribution Easement to Duke Energy for the
installation and maintenance of electrical facilities at the Clearwater Beach Marina
Building located at 45 Causeway Boulevard and authorize the appropriate officials to
execute same. (consent)
7.10Approve the Contract for Sale of Real Property by the City of Clearwater (Contract)
with First Baptist Church of Clearwater, Inc. for the sale of city-owned property
formerly used as a portion of Cherry Lane, a city right-of-way; and authorize the
appropriate officials to execute same, together with all other instruments required to
affect closing. (consent)
7.11Approve establishing a new Capital Improvement Project entitled Solid Waste CNG
Station for $150,000 to analyze the feasibility of adding an alternative site for fueling
compressed natural gas vehicles at Solid Waste, and authorize the appropriate
officials to execute same. (consent).
7.12Award a contract (purchase order) to JAM 5:20 Inc. of Largo, Florida, in the amount of
$112,215 for the installation of new flooring, wall tile, partitions, counter tops and
interior painting within the Clearwater Beach Recreation Center (CBRC), per Bid
02-16, and authorize the appropriate officials to execute same. (consent)
7.13Award a contract (purchase order) to Garland/DBS, Inc., in the amount of
$149,875.00 for the roof restoration on the Municipal Services Building Roof, per
proposal 25-FL-150609, in accordance with Sec. 2.564(1)(d), Code of Ordinances -
Other governmental contracts; and authorize the appropriate officials to execute
same. (consent)
Councilmember Hock-DiPolito moved to approve the Consent
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Agenda as submitted and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years
2015/16 through 2019/20.
On March 6, 1997, the City Council adopted Ordinance 6137-97. The
ordinance established the requirement for a special hearing prior to 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 the Penny for
Pinellas project funding of$500,000 or more.
Changes to Penny for Pinellas projects that meet this criteria:
Police Range Improvements - This project provides for the Range
Improvements that are currently needed to address the wear and tear that has
occurred over the years at the shooting range. The project will provide a state
of the art baffling and bullet containment system. The baffling system provides
ballistic protection that addresses the most critical safety concerns of ensuring
projectiles are restricted from inadvertently leaving the firing range, as well as
providing sound mitigation properties. The bullet containment system is
designed to capture all bullets fired and allows for the removal and disposal of
collected lead and other debris without causing environmental damage and
while remaining in compliance without violating city, county, state and federal
regulations.
This project is currently funded with $1,700,000 of Penny for Pinellas funds.
Final budget proposal for this plan necessitates an increase of$700,000 to
bring the total Penny for Pinellas funding to $2,400,000 for this project for
capital construction.
Vice Mayor Polglaze moved to approve the recommended Penny
for Pinellas project list, as revised for Fiscal Years 2015/16 through
2019/20. The motion was duly seconded and carried unanimously.
9. Second Readings - Public Hearing
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9.1 Adopt Ordinance 8777-15 on second reading, annexing certain real property whose
post office address is a portion of 2990 Gulf to Bay Boulevard, together with certain
right-of-way of Bayview Avenue, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 8777-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8777-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.2 Adopt Ordinance 8778-15 on second reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real property
whose post office address is a portion of 2990 Gulf to Bay Boulevard, upon
annexation into the City of Clearwater, as Commercial General (CG).
Ordinance 8778-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8778-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.3 Adopt Ordinance 8779-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is a portion of 2990 Gulf to
Bay Boulevard, upon annexation into the City of Clearwater, as Commercial (C).
Ordinance 8779-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8779-15
on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.4 Adopt Ordinance 8780-15 on second reading, annexing certain real property whose
post office address is 1478 Grove Circle Court, Clearwater, Florida 33755, into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
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Ordinance 8780-15 was presented and read by title only. Vice
Mayor Polglaze moved to adopt Ordinance 8780-15 on second and
final reading.The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.5 Adopt Ordinance 8781-15 on second reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real property
whose post office address is 1478 Grove Circle Court, Clearwater, Florida 33755,
upon annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8781-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8781-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.6 Adopt Ordinance 8782-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1478 Grove Circle Court,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 8782-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8782-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.7 Adopt Ordinance 8783-15 on second reading, annexing certain real properties whose
post office addresses are 2100, 2106, 2148, and 2149 Bell Cheer Drive and 2112
Burnice Drive, all in Clearwater, Florida 33764, together with certain righ-of-way of Bell
Cheer Drive, into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
Ordinance 8783-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8783-15
on second and final reading. The motion was duly seconded and
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upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.8 Adopt Ordinance 8784-15 on second reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real
properties whose post office addresses are 2100, 2106, 2148, and 2149 Bell Cheer
Drive and 2112 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into
the City of Clearwater, as Residential Low (RL).
Ordinance 8784-15 was presented and read by title only. Vice
Mayor Polglaze moved to adopt Ordinance 8784-15 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.9 Adopt Ordinance 8785-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real properties whose post office addresses are 2100, 2106, 2148,
and 2149 Bell Cheer Drive and 2112 Burnice Drive, all in Clearwater, Florida 33764,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Ordinance 8785-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8785-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.10Adopt Ordinance 8807-15 on second reading, submitting to the city electors proposed
amendments to the City Charter, amending Section 7.02, General Provisions, to
require the council to appoint a Charter Review Advisory Committee every six years.
In response to a question, the City Attorney said any changes to
Ordinances 8807-15, 8808-15, and 8809-15 that require a change in
their respective title would require a third reading. Because of the
advertisement requirements, a special council meeting must be called
between December 21 and December 31 in order to meet the
Supervisor of Elections'December 31, 2015 deadline.
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It was stated that the ordinances must be advertised within ten days of
the public hearing in a newspaper of general circulation.
Ordinance 8807-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8807-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.11Adopt Ordinance 8808-15 on second reading, submitting to the city electors proposed
amendments to the City Charter amending Sections 2.01(d)(5)(ii), (vi), and (vii), which
provide for limitations on council powers relating to city-owned real property.
Ordinance 8808-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8808-15
on second final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.12Adopt Ordinance 8809-15 on second reading, submitting to the city electors proposed
amendments to the City Charter amending section 2.01(d)(6) to allow a bandshell and
associated facilities including removable seating; to allow certain changes to the
downtown boat slips; submitting to the city electors a proposed amendment to the City
Charter amending Section 2.01(d)(7), to allow compatible commercial uses and other
compatible public uses of portions of the main library.
Three individuals spoke in opposition to the opposed proposed language
affecting the use of the Clearwater Main Library.
A concern was expressed that a conceptual example of a compatible
commercial use has not been proposed and that more community discussion
is needed.
Councilmember Jonson moved to delete the library question from the
ordinance.
Motion failed for lack of a second.
In response to questions, the City Attorney said the current charter does
not allow leasing any portion of the library. The question referencing the
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library is separate and distinct from the other referendum questions
contained within this ordinance, if the question fails, that provision of the
ordinance fails. Deleting "other compatible commercial uses"would still
allow a restaurant and cafe, because they are specifically identified in the
ordinance. The City Attorney said the term "commercial" broadens the
potential uses, Council will determine the uses allowed. Deleting commercial
will narrow the uses that could be considered to be in the building and leased
for. If the question referencing the library fails, the charter restriction against
leasing any portion of the library would remain.
Discussion ensued with support expressed that the proposed ordinance
provides the City an additional tool in the toolbox to enhance the library
experience for today's demographics and users.
Ordinance 8809-15 was presented and read by title only. Vice
Mayor Polglaze moved to adopt Ordinance 8809-15 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
11. City Manager Reports
11.1Approve an Architect of Record Work Order to Harvard Jolly, of St. Petersburg, FL, in
the amount of$133,580 for the Police Department Shooting Range, authorize the
appropriate officials to execute same, and a first quarter amendment to increase
Capital Improvement project 315-91150, Range Improvements, in the amount of
$700,000 from Sales Tax Infrastructure revenue.
In March of 2013, the Police Department received an estimate for the cost of
construction for a covered, state of the art, shooting range. The estimated cost
was 1.7 million dollars.
The Range Improvement project was established in the Fiscal Year 2014/15
Capital Improvement Budget with funding from Sales Tax Infrastructure
Revenue (Penny for Pinellas) in the amount of$1,700,000.
This project will provide for shooting range improvements that are currently
needed to address the wear and tear that has occurred over the years that the
current shooting range has been in service. There has been significant
deterioration in the shooting range that may create liability issues if they are
not addressed. The project will provide for a state of the art baffling and bullet
containment system. The baffling system provides ballistic protection that
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addresses the most critical safety concerns of ensuring that projectiles do not
inadvertently leave the confines of the shooting range while providing
sound/noise mitigation properties. The bullet containment system is designed
to capture all bullets fired, and allows for the removal and disposal of all
projectiles and associated debris without causing environmental damage, while
remaining in compliance with city, county, state, and federal regulations.
In 2015, the City hired Harvard Jolly Architecture and J. Kokolakis Contracting
to provide cost analysis for the project. Based on the cost analysis, the Police
Department determined that a 75 yard covered shooting range best fits the
needs of the Police Department, City, and the community.
The design provides for a state of the art shooting range, which will provide:
• Projectile containment and collection
• Significant reduction of the chance of a projectile leaving the shooting
range
• Reduced liability
• Noise mitigation
• Improved environmental conditions
• Reduced maintenance
In October 2015, a final Design Build Proposal was submitted by J. Kokolakis
Contracting Inc. The total projected cost for this project is $2,382,819.
APPROPRIATION CODE AND AMOUNT:
0315-91150-561300-521-000-0000 $133,580
Funds are available in CIP project 0315-91150, Range Improvements to fund
the work order in the amount of$133,580.
First quarter budget amendments will transfer$700,000 of Sales Tax
Infrastructure revenue (Penny for Pinellas) from the Special Development Fund
to capital improvement project 0315-91150, Range Improvements, for total
project funding in the amount of$2,400,000.
In response to a question, Police Chief Daniel Slaughter said when the
project was added to the Penny List as a placeholder, the construction
cost for a shooting range was an unknown until all of the parameters for
the range had been defined.
Councilmember Hock-DiPolito moved to approve an Architect of
Record Work Order to Harvard Jolly, of St. Petersburg, FL, in the
amount of $133,580 for the Police Department Shooting Range,
authorize the appropriate officials to execute same, and a first
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quarter amendment to increase Capital Improvement project
315-91150, Range Improvements, in the amount of $700,000 from
Sales Tax Infrastructure revenue. The motion was duly seconded
and carried unanimously.
The City Manager announced the retirement of Assistant City Manager Rod
Irwin, effective December 17, 2015. Mr. Irwin has served over 40 years in
public management. He thanked Mr. Irwin for his service to the Clearwater
community.
12. City Attorney Reports
The City Manager said for the past several months staff has been
providing Council with US 19 progress summaries. As it the project
comes to a close, Senior Professional Engineer Himanshu Patni and
Signal Systems Supervisor Corey Martens have played an integral role
to ensure items are addressed. Police Chief Daniel Slaughter
reminded all that the speed limit on US 19 is 55 mph, the Department
will be aggressively enforcing the speed limit.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson said he attended a steering committee meeting
regarding the Clearwater Business Spark organization and is impressed with
the progress being made with the group and the expanded library
services. Visit St.Petersburg Clearwater CEO David Downy commented at a
recent Chamber breakfast that the personal experience is the single most
important factor in the success of a tourist destination.
Councilmember Hamilton said he appreciated tonight's tourism report
presentation and Clearwater will continue to be the biggest funding source to
the Tourist Development Council with the number of accommodation rooms
and the quality of our destination. He hopes the City continues to receive the
proper recognition and acknowledgment going forward from that
organization.
Vice Mayor Polglaze wished his wife a Happy Birthday. He said there was a
good discussion on the amendment involving the library and with the large
initiatives coming before the Council in the future it is important to remain
united and unanimous.
Councilmember Hock-DiPolito recognized Pinellas Trail, Inc. President Scott
Daniels and staff for their work and dedication to the Trail. She invited all to
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John Taylor Park on December 5, 2015 at 10:00 a.m. to celebrate 25 years of
the Pinellas Trail.
14. Closing Comments by Mayor
15. Adjourn
Mayor Cretekos reviewed recent and upcoming events.
The meeting adjourned at 8:11 p.m.
City of Clearwater
Cte,f‘tncitItks
Mayor
City of Clearwater
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