11/14/2006
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
November 14, 2006
Present: Frank Hibbard Mayor
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 1:30 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Presentations
Service Awards
Three service awards were presented to City employees.
Sherry Watkins, Planning Department, was presented the November 2006 Employee of
the Month award.
The November-December 2006 Team Award was presented to the City Webcam
Installation Team: Gene Nyland, Dave Laatsch, Tom Arruda, John Rist, Howard McChesney,
and Derek Ferguson.
DMRQA Study 26 Award
Public Utilities Director Andy Neff reported the City received an award for achievements
in the DMRQA (Discharge Monitoring Report – Quality Assurance) Study for the Marshall Street
Advanced Wastewater Pollution Control Facility and East/Northeast facilities. He recognized
Laboratory Manager Maria de la Cantera and the Laboratory Team for their hard work and
dedication.
The Council recessed from 1:38 to 1:41 p.m. to meet as the Pension Trustees.
Council Work Session 2006-11-14 1
Interim Councilmember Applicant Introductions
Interim Councilmember applicants Joyce Alderman, Robert Finn, Kenneth Humphreys,
Edward Johnson, Sondra Kerr, Gerry Lee, Larry Lytle, Alex Plisko, Jr., Dennis Roper, and
Lynda Stone introduced themselves to the City Council and answered questions.
The Interim Councilmember will be appointed at a Special Meeting in December.
Parks and Recreation
Approve an agreement between the School Board of Pinellas County and the City of Clearwater
providing for the joint use of facilities from January 1, 2007 to December 31, 2011 and authorize
the appropriate officials to execute same. (Consent)
For many years, the City of Clearwater has used various school facilities, such as
gymnasiums and outdoor tracks to offer recreation programs. The School Board of Pinellas
County has had a need and has utilized many City recreational facilities, including athletic fields
and swimming pools. Cooperation between the City and the School Board has been excellent
and the usage of facilities has been fairly equal.
The agreement allows the City and the School Board the flexibility needed to offer
citizens quality educational and recreational opportunities without the need to duplicate facilities
already in existence. The use of facilities is at no charge, providing the use conforms to regular
working hours of each organization. If outside of normal hours, each agency will be responsible
to reimburse the other agency for the direct cost that is incurred as part of the facility use.
The current Joint Use Agreement with the School Board expires on December 31, 2006.
The term for the new agreement is from January 1, 2007 until December 31, 2011. The School
Board approved the agreement on November 14, 2006. The agreement is similar to past
agreements with the following exception: 1. Removal of Attachment A, which describes various
uses by the City and School Board. In its place, the City and schools will complete a Facility
Use Authorization Form for approval by the Superintendent and City Manager or their respective
designees.
In response to questions, Parks & Recreation Director Kevin Dunbar said school
grounds would be open only for scheduled activities. The City is responsible for liability matters
when it sponsors activities, even if maintenance problems beyond City control are an issue.
Police
Approve continuing the existing Evolution-Data Optimized (1xEV-DO) service, providing all
wireless communication to Police laptop computers, with Alltel for a period of 3 years,
December 1, 2006 to November 30, 2009, in an amount not to exceed $406,800 for the three-
year period and authorize the appropriate officials to execute same. (Consent)
The 1xEV-DO wireless communication service provides real time in mobile dispatching,
Automated Vehicle Locator (AVL)/Geographic Interface System (GIS), car-to-car messaging
Council Work Session 2006-11-14 2
and access to State, federal and local crime information databases. Wireless communication is
a mechanism that permits the officers to receive and transmit data from their vehicles.
Alltel provides 24-hour technical service, including weekends. Additionally, Alltel will
work in the field with officers to solve coverage and/or call drop problems and also provides
automatic dial telephone update on pending outages. Alltel offers I.P. addresses identifying
each laptop computer necessary for tracking locations of usage, and meets the Florida
Department of Law Enforcement FCIC/NCIC requirements.
Since this is a request to continue service on existing equipment, and CPD (Clearwater
Police Department) has all their computers and software in place, it is impractical to submit this
service for bid. The department, through the normal budgeting process, will request funding in
the amount of $11,300 per month ($135,600 per year), and not to exceed $406,800 for the
three-year period. Funding for this service has been provided for in the department’s 2006/2007
operating budget.
In response to a question, Information Technology Director Dan Mayer said internet
protocols would be most affected if the equipment is changed. Concern was expressed that the
City may not be receiving the best rate. Mr. Mayer said the contract’s three-year fixed term
provided a better rate. Additional information was requested regarding other networks used in
Pinellas County.
Official Records & Legislative Services
Appointment of Budget Task Force
Consensus was to appoint Martin L. Altner, Joseph W. Evich, Isay M. Gulley, R. Nathan
Hightower, Robert L. Longenecker, Joyce E. Martin, Herbert W. McLachlan, Charles J. Rutz,
Jesse Sherman, James E. Strickland and Douglas J. Williams to the Budget Task Force.
Legal
Adopt Ordinance 7718-06 on second reading amending the Community Development Code by
amending Article 4, Development Review and Other Procedures, Section 4-903, to amend the
standards for issuance of certificate of concurrency/capacity and adding a new section 4-904
Proportionate Fair-Share Program.
Senate Bill 360, passed by the Legislature in 2005, introduced some important changes
to the State’s growth management law. One significant change requires local governments to
implement a “Proportionate Fair-Share Program” within their transportation concurrency
management systems. The Program creates a method whereby the impact of development on
transportation facilities can be mitigated by the cooperative efforts of the public and private
sectors. The Program allows developments that negatively impact the adopted level of service
to proceed under certain conditions by contributing their fair-share cost of improving the
impacted transportation facility.
Proposed Ordinance 7718-06 implements this new requirement of Florida Statutes
163.3180(16) by establishing the option of proportionate fair-share, as well as the process to
assess and obtain the proportionate fair-share contributions from the developer and to
Council Work Session 2006-11-14 3
incorporate such projects into the City’s Capital Improvement Element of the Clearwater
Comprehensive Plan. The proposed ordinance was based on the model ordinance developed
by FDOT. The Community Development Board (CDB) reviewed the proposed amendment at its
regularly scheduled meeting on October 17, 2006, and recommended approval to the City
Council.
Engineering Specialist Himanshu Patni said the County and City are adopting the same
standards. Staff will use the annual MPO (Metropolitan Planning Organization) report and traffic
impact studies to determine LOS (Levels of Service).
Council Discussion Items
Dairy Queen sign – Michael Delk
Planning Director Michael Delk reported a Dairy Queen sign had been permitted
incorrectly and provided Council with the following options: 1) do nothing; 2) initiate code
enforcement action; or 3) amend the Code by adopting a Citywide amortization period for
erroneously permitted signs. The subject sign is approximately 20% oversized and replacing it
would cost the City up to $50,000. He recommended a 5-year amortization period.
The City Manager said the option to allow the City to replace the sign was rejected by
the business owner.
Discussion ensued. Opposition was expressed to code enforcement action. It was
suggested that an ordinance initiating an amortization period, to begin at the time of permitting,
would stand up in court. Consensus was for staff to draft an ordinance with a five-year
amortization period.
Staff was directed to bring any agreement that the City would pay to replace the current
sign to Council for approval.
Other Council Action
Advisory Board
Concern was expressed regarding Councilmember interaction with advisory boards.
Discussion ensued. It was agreed that Councilmembers may attend advisory board
meetings but not participate or provide direction.
PSTA (Pinellas Suncoast Transit Authority) Joint-Use Facility
Concern was expressed regarding a newspaper article featuring PSTA (Pinellas
Suncoast Transit Authority) Executive Director Roger Sweeney. It was requested that the
County report at the next PSTA meeting that it intends to retain its parking lot that abuts the
transfer station and it was recommended that a staff member or other Councilmember also
attend when the City’s representative cannot be present for the entire meeting.
Council Work Session 2006-11-14 4
In response to questions, Assistant City Manager Rod Irwin said staff had contacted Mr.
Sweeney, communicated the City’s desire that the transfer station remain in downtown and
presented six downtown parcels for consideration that met PSTA requirements. It appears that
Mr. Sweeney did not report to the PSTA board regarding meetings with the City, County, and
PSTA on a joint-use facility.
It was recommended that a meeting be scheduled with the City Council and PSTA
board. The Council’s representative will request the board to reconsider its vote against the
study to consider a joint-use facility.
A Councilmember reviewed upcoming events.
Adjourn
The meeting adjourned at 5:04 p.m.
Council Work Session 2006-11-14 5