11/02/2017 City Council Meeting Minutes November 2, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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e
Meeting Minutes
Thursday, November 2, 2017
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes November 2, 2017
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton,
Councilmember Doreen Caudell, Councilmember Bob Cundiff and
Councilmember Bill Jonson
Also Present: William B. Horne II — City Manager, Jill Silverboard — Deputy City
Manager, Micah Maxwell —Assistant City Manager, Pamela K. Akin -
City Attorney, Rosemarie Call - City Clerk and Nicole Sprague —
Official Records and Legislative Services Coordinator
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 p.m. at City Hall.
2. Invocation — Sr. Pastor Nick Champlin from Faith Christian Church
3. Pledge of Allegiance — Councilmember 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 Suncoast Jazz Classic Weekend, November 17-19, 2018 - Joan Dragon, Suncoast Jazz
Classic Board of Directors Chair
4.2 Ruth Eckerd Hall Annual Report
4.3 Clearwater Sister Cities, Inc. - Candy Hays, President, Clearwater Sister Cities, Inc.
5. Approval of Minutes
5.1 Approve the minutes of the October 19, 2017 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson requested the following amendment on page 12,
line 16: " Vice Mayo Councilmember Jonson moved to approve..."
Councilmember Cundiff moved to approve the minutes of the
October 19, 2017 City Council Meeting as amended. The motion
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was duly seconded and carried unanimously.
6. Citizens to be heard re items not on the agenda — None.
7. Consent Agenda — Approved as submitted
7.1 Approve CorVel Healthcare Corporation's Annual Agreement for the review of Workers
Compensation Medical bills and to provide Pharmacy Benefit Management services with
discounted network pricing effective January 1, 2018 through December 31, 2018,
pursuant to City Code Section 2.564 (1) (i), services associated with Workers
Compensation exempt from bidding; and authorize the appropriate officials to execute
same. (consent)
7.2 Approve a Purchase Contract for the city purchase of Real Property owned by ABBL
LLC, with a purchase price of$230,000 and total expenditures not to exceed $262,000,
which include closing costs and other ancillary expenses, together with all other
instruments required for closing and authorize the appropriate officials to execute same.
(consent)
7.3 Approve a five-year Legal Services Agreement with the law firm of Baker and Hostetler,
LLP, for an amount not to exceed $250,000 for the period October 1, 2017 through
September 30, 2022; approve a five-year Legal Services Agreement with the law firm of
McCarter English, for an amount not to exceed $125,000 for the period October 1, 2017
through September 30, 2022; approve a five-year Legal Service Agreement with the law
firm of William J. Peebles, P.A, for an amount not to exceed $125,000 for the period
October 1, 2017 through September 30, 2022 and authorize the appropriate officials to
execute same. (consent)
7.4 Approve an increase in Blanket Purchase Order BR512009 to Chongqing Arlau Civic
Equipment Manufacturing Co. Ltd, of Chongqing, China, for site furnishings from
$150,000 to $300,000 annually, and authorize the appropriate officials to execute same.
(consent)
7.5 Approve a contract between the City of Clearwater (City) and RTP Productions Corp.
(RTP) of Orlando, Florida to provide Market Manager services to Downtown Clearwater
consisting of all day-to-day operations, promotion and staffing of all market events for one
year beginning November 2, 2017 through November 1, 2018 with four one-year renewal
extensions at the discretion of the City and authorize the appropriate officials to execute
same. (consent)
7.6 Approve purchase orders to Sunbelt Sod and Grading Company Inc. of Ruskin, Florida
and Tom's Sod Service Inc. of Clearwater, Florida, for sod and sod installation services
in the total annual amount of$300,000, and two one-year renewal terms at the City's
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option and authorize the appropriate officials to execute same.
7.7 Approve acceptance of University of South Florida Board of Trustees, a public body
corporate for the University of South Florida's Center for Urban Transportation Research
(University), High Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety Grant
Award in the amount of$50,000 for police overtime, establish special program
181-99219, 2017 HVE Pedestrian and Bicycle Safety, and authorize the appropriate
officials to execute same. (consent)
7.8 Approve Amendment 1 of Southwest Florida Water Management District (SWFWMD)
Agreement N602 for East Gateway Stormwater and Sanitary Sewer Improvements
Project (13-0043-EN) extending the agreement to February 28, 2019 and authorize the
appropriate officials to execute same. (consent)
7.9 Schedule a council meeting on Thursday, December 21, 2017 at 6:00 p.m. (consent)
7.10Approve an agreement with the Law Firm of Dean, Mead, Egerton, Bloodworth,
Capouano and Bozarth to provide lobbying services at the state level from October 1,
2017 through September 30, 2020 at a cost of$4,000 per month, plus estimated
expenses of$4,800, not to exceed $52,800 per year, and authorize the appropriate
officials to execute same.
Councilmember Caudell moved to approve the Consent 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. Second Readings - Public Hearing
8.1 Adopt Ordinance 9046-17 on second reading, amending the future land use element of
the Comprehensive Plan to change the land use designation for certain real property
whose post office address is 1895 Virginia Avenue, Clearwater, Florida 33763 from
Institutional (1) to Residential Low Medium (RLM).
Ordinance 9046-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9046-17 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
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8.2 Adopt Ordinance 9047-17 on second reading, amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 1895 Virginia Avenue,
Clearwater, Florida 33763 from Institutional (1) to Medium Density Residential (MDR).
Ordinance 9047-17 was presented and read by title only. Vice
Mayor Hamilton moved to adopt Ordinance 9047-17 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
8.3 Adopt Ordinance 9072-17 on second reading, amending the future land use plan element
of the Comprehensive Plan to change the land use designation for certain real property
whose post office address is 3108 Downing Street, Clearwater, Florida 33759 from
Residential/Office Limited (R/OL) to Residential Urban (RU).
Ordinance 9072-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9072-17 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
8.4 Adopt Ordinance 9073-17 on second reading, amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 3108 Downing Street,
Clearwater, Florida 33759, from Office (0) to Low Medium Density Residential (LMDR).
Ordinance 9073-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9073-17 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9. City Manager Reports
9.1 Approve Two Quiet Zone Stipulation of Parties Agreements (SOP) for the Closure of the
Railroad Crossing at Hendricks Street at East Avenue and the Closure of the Railroad
Crossing at Grove Street at East Avenue and authorize the appropriate officials to
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execute same.
October 13, 2014, City Council directed traffic operations staff to pursue a Quiet
Zone along East Avenue from Drew Street to Lakeview Road.
April 21, 2016, City Council approved the appropriation of funds to CSX
Transportation for Supplementary Safety Measures to be installed at Pinellas
Street and the Railroad.
The final stage to implement the Quiet Zone is closing two railroad crossings at
Hendricks Street and East Avenue and Grove Street and East Avenue
Closures will require an SOP between CSX Transportation, City of Clearwater
and the Florida Department of Transportation (FDOT) for each closure.
Closures will be completed, in accordance with FDOT standards consisting of
the installation of guardrail, end of roadway markers and dead end signage.
Additionally, the railroad crossbucks will be removed as well as the advanced
railroad warning signs.
Manual Uniform Traffic Control Devices standard warning signs W10-9 "No
Train Horn" will be installed on the other crossings located in the Quiet Zone
boundary of Drew Street to Lakeview Road once this agreement is executed by
all three parties in preparation for the execution of the Quiet Zone.
June 19, 2017, a public meeting was held in the City Main Library from 4:30 PM
to 6:00 PM. This meeting was advertised to all affected property owners to
inform of these agreements.
The traffic control signs and railroad crossing closures will be installed and
maintained by the Traffic Operations Division of Engineering.
In response to questions, Traffic Operations Manager Paul Bertels said it
would cost an additional $300,000 to install a single arm at the
Hendricks Street and Grove Street intersection and delay the project
approximately two years since the equipment must be engineered and
constructed. The City would be responsible for the additional cost. Mr.
Bertels said alternate paths for trucks leaving the Nall Lumber property
were considered, it was determined it was just as easy to make a right to
Garden Avenue as it is to make a left on to East Avenue. He said the State
required staff to conduct turning templates.
One individual spoke in opposition.
In response to questions, Mr. Bertels said the Nall Lumber property takes up
the entire block. The principal entrance into the Nall Lunber site is off of
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Drew Street. Staff did not look at how the road closure would impact the
property value. The City Attorney said individuals are not necessarily
entitled to have property access from all directions. Mr. Bertels said if the
road closure is approved, delivery trucks leaving the Nall site would have
to make a right onto Garden Avenue, the trucks can be on Drew Street
eastbound after three rights. Mr. Nall, Nall Lumber property owner, said the
average daily deliveries received at the site are 3.
Concerns were expressed regarding the impact the road closure would
have on property values and the traffic pattern for delivery trucks serving the
property owner most affected by the road closure.
Councilmember Cundiff moved to approve Two Quiet Zone
Stipulation of Parties Agreements (SOP) for the Closure of the
Railroad Crossing at Hendricks Street at East Avenue and the
Closure of the Railroad Crossing at Grove Street at East Avenue
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried with the following vote:
Ayes: 3 - Mayor Cretekos, Councilmember Caudell and Councilmember Jonson
Nays: 2 - Vice Mayor Hamilton and Councilmember Cundiff
9.2 Approve the closure of two railroad crossings on public streets to meet the requirements
for the establishment of a railroad quiet zone and adopt Resolution 17-35
City Council directed the traffic operations staff on October 13, 2014 to pursue a
Quiet Zone along East Avenue from Drew Street to Lakeview Road. City
Council approved on April 21, 2016 the appropriation of$374,644.00 to CSX
Transportation for Supplementary Safety Measures (SSM) to be installed at
Pinellas Street and the Railroad in furtherance of the establishment of a Quiet
Zone. This Resolution will approve the closure of Hendricks Street at East
Avenue, and will close Grove Street at East Avenue. The city is required to
close these two railroad crossings in order to complete the final stage of the
quiet zone.
Councilmember Jonson moved to approve the closure of two
railroad crossings on public streets to meet the requirements for
the establishment of a railroad quiet zone. The motion was duly
seconded and carried unanimously.
Resolution 17-35 was presented and read by title only.
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Councilmember Caudell moved to adopt Resolution 17-35. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.3 Approve a Joint Project Agreement with Pinellas County for utility installation by roadway
contractor for the Sunset Point at Betty Lane Utility Relocation Project with the estimated
amount of$402,948.00 and authorize the appropriate officials to execute same.
Pinellas County intends to improve their stormwater system on Sunset Point
Road from Douglas Avenue to Kings Highway. Construction is currently
scheduled to begin in March 2018 with completion anticipated in October 2018.
This construction will require the relocation of the City's potable water mains
that conflict with the proposed improvements.
Pinellas County will receive competitive bids for their stormwater system
improvements project and make award to the low bidder. Pinellas County's
engineer estimate for the City of Clearwater's portion of utility relocation is
$402,948; however, the final costs will be determined by the contractor's bid.
The City will be advised of the actual contract bid costs and be given the
opportunity to reject the bid if they are deemed excessive.
APPROPRIATION CODE AND AMOUNT:
327-96634-563800-535-000-0000 $ 402,948.00
Sufficient funding is available in Renewal & Replacement Project 0327-96634,
Sanitary Utility Relocation to fund $ 402,948.00
Utilities Engineering Manager Jeremy Brown said since the work session,
staff was made aware of two minor revisions to the insurance
requirements, which were provided to Council as part of the agenda item.
The stormwater pond located north of the project (near Kings Highway) is
owned by the City.
Councilmember Cundiff moved to approve a Joint Project
Agreement with Pinellas County for utility installation by roadway
contractor for the Sunset Point at Betty Lane Utility Relocation
Project with the estimated amount of $402,948.00 and authorize
the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
9.4 Ratify and Confirm Airpark Lease and Operating Agreement with Clearwater Airpark, Inc.
through November 30, 2017, with one additional 5-year renewal at the City's discretion.
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The initial term for this agreement was for 60 months through November 30,
2017. The Lessee with Lessor's consent had the option to renew this Lease
Agreement for one additional consecutive five-year lease period, for a total of 10
years ending November 30, 2022.
Staff sought direction from City Council on December 14, 2011 concerning
different FDOT Grant funding options along with extending the current Fixed
Base Operator (FBO) Lease Agreement. The actual Lease and Operating
Agreement dated April 26, 2012 had not been formally presented to City Council
for approval. The Airpark Advisory Board at their August 17, 2017 meeting
recommended that the City renew the FBO lease for another 5 years.
Vice Mayor Hamilton moved to ratify and confirm Airpark Lease
and Operating Agreement with Clearwater Airpark, Inc. through
November 30, 2017, with one additional 5-year renewal at the
City's discretion. The motion was duly seconded and carried
unanimously.
9.5 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and CWA Local 3179 for Fiscal Years 2017/18, 2018/19, and 2019/20 and
authorize the appropriate officials to execute same.
The current collective bargaining agreement between the City of Clearwater and
CWA Local 3179 expired on September 30, 2017. The parties reached a
tentative agreement for a new contract which was ratified by the membership
on October 18, 2017 by a vote of 282 to 66.
The agreement is a three-year agreement providing for a 3% merit increase
plus $25.00 for every year of service added to base salary in the first year
retroactive to October 1, 2017, a 3.5% merit increase in the second year, and a
3% merit increase plus $25.00 for every year of service added to base salary in
the third year. It also includes an increase in tuition reimbursement to $1500
annually, the inclusion of foster children and guardianships for the use of sick
and funeral leave, and the ability for family members on the city health
insurance to utilize city recreational facilities. This agreement also enables the
City to provide salary adjustments based on recruiting and/or retention
concerns.
The costs associated with the implementation of this agreement are anticipated
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to be approximately as follows:
FY 2017/18 $1,072,000 All Funds $258,000 General Fund
FY 2018/19 $1,109,000 All Funds $267,000 General Fund
FY 2019/20 $1,148,000 All Funds $276,000 General Fund
TOTAL: $3,329,000 All Funds $801,000 General Fund
A first quarter budget amendment will allocate reserves from the operating
funds to cover the cost of CWA pay increases for the current budget year.
Future budgets will include the contract costs in the proposed budget.
In response to questions, Human Resources Director Joe Roseto said a
3% merit increase will be provided in years 1 and 3 of the contract, as well
as $25 for every year of service into the employee's annual base salary.
A 3.5% merit increase will be provided in year 2 of the contract.
One individual spoke in support.
Council thanked CWA Local 3179 for their professionalism during
the negotiation process and for their continued efforts in making
Clearwater bright and beautiful from bay to beach.
Vice Mayor Hamilton moved to approve the collective bargaining
agreement as negotiated between the City of Clearwater and
CWA Local 3179 for Fiscal Years 2017/18, 2018/19, and 2019/20
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
9.6 Approve the 2018 State Legislative Priorities.
Each year, the City submits a list of legislative priorities for consideration by the
state legislature during their annual 60-day session in Tallahassee. The City's
legislative liaison works closely with city management staff and the City's
lobbying team in Tallahassee to draft a package that is beneficial to Clearwater.
Preparation of the package involves determining areas of need, researching
funding availability, identifying needed legislation, monitoring and evaluating
current legislative issues.
The 2018 State Legislative Package includes supporting: continued funding for
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programs that benefit municipalities statewide such as Florida Recreation
Development Assistance Program (FRDAP), State Aid to Libraries and housing
trust funds under the Sadowski Act; PSTA's Florida Department of
Transportation's grant request for an Express Transit service from Tampa
International Airport to Clearwater Beach and repealing the state preemption of
vacation rental property laws to allow local governments to regulate such
properties to protect the health and welfare of their residents, visitor and
businesses. The City, along with the Florida League of Cities, continues to
oppose unfunded mandates and intrusions to municipal home rule authority.
The City Clerk reviewed the directed changes from Monday's work
session.
Discussion ensued with concerns expressed regarding the language
removed addressing the PSTA FDOT grant funding request for the
Clearwater Beach to Tampa International Express Service. It was
suggested that removing the language indicates a major change in
direction from Council's position last year and it implies the City does not
want PSTA to apply for the grant funding. A comment was made that the
City should be supporting all modes of transit and that PSTA would be
the authority to receive any grant funding.
It was suggested to add "including all grant funding opportunities"to the
statement so it would read, "Support consideration of alternative
omnimodal transit options, including all grant funding opportunities, from
Tampa International Airport to Clearwater Beach."
Vice Mayor Hamilton moved to approve the 2018 State Legislative
Priorities as amended. The motion was duly seconded and carried
unanimously.
The Mayor thanked Council for being at the Pinellas County Legislative
Delegation Hearing and thanked Representative Ahern for sponsoring
the local bill.
10. City Attorney Reports — None.
11. Other Council Action
11.1 City Manager/City Attorney Salary Discussion
The performance evaluation discussions for the City Manager and City Attorney
were conducted by City Council at the October 19, 2017 City Council meeting.
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The Council discussion concerning salary is conducted at the subsequent
meeting.
Human Resources Director Joe Roseto said staff provided Council
with traditional jurisdictional (county and municipal) salary analysis for
the city manager and city attorney positions, which included comparable
populations and FTE (Full-Time Equivalent) counts. Based on the
analysis, the City Manager's salary is 5.9% below the average
county/municipal jurisdictional match, but 2.4% above the average for
municipal jurisdictional matches. The City Attorney's salary is 10.9%
below the average county/municipal jurisdictional match, but 0.6% below
the average for municipal jurisdictional matches. When compared to
similar population centers, the City Attorney's salary was 13.1% below the
average and the City Manager's salary was 7.1% below the average.
When compared to similar FTE counts, the City Attorney's salary was
10.1% below the average and the City Manager's salary was 5.2% below
the average.
In response to questions, Mr. Roseto said the cost of living increase for
Social Security is 2%, effective January 1, 2018. The CPI for the last
twelve months was 2.2%. The cost of living differential for Miami analysis
used New York City as a benchmark, the east coast of Florida has a 10%
higher cost of living than the west coast of Florida. The closest
jurisdictional matches included several east coast cities because those
cities were similar to Clearwater's population and FTE count. Mr. Roseto
said the City Manager and City Attorney did not receive an increase from
2008 through 2011, they received an 8% increase in 2012. The City
Manager and City Attorney received a 3.5% increase in 2013 and a 3%
increase since. Both individuals receive a 401A contribution that is
equivalent to 15% of their salary, both employees are required to provide
a 2% match into the retirement accounts. Mr. Roseto said both
employees receive a car allowance and six month of severance, with an
additional month of severance for every years of employment to a
maximum of one year.
Discussion ensued with support expressed to provide the City Manager
and City Attorney a 3% salary increase. A concern was expressed that a
3% increase would be higher than most residents living off of social
security who expect to receive a 2% cost of living increase next year.
There was consensus that the salary increase would be effective the next
pay period.
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Vice Mayor Hamilton moved to approve a 3% salary increase for
the City Manager and City Attorney, effective the beginning of
the next pay period. The motion was duly seconded and carried
with the following vote:
Ayes: 4 - Vice Mayor Hamilton, Councilmember Caudell, Councilmember
Cundiff and Councilmember Jonson
Nays: 1 - Mayor Cretekos
12. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson acknowledged staff for their work on the removal
of snipe signs. He said this would be his first year missing the Veteran's
Day event in Crest Lake Park as he will be attending the memorial
service of USCG Admiral Schwob. He attended the Pinellas County
Legislative Delegation Hearing and was impressed with Dunedin's
council standing behind the Mayor as she addressed the delegation. He
spoke to the City's state lobbyist about the unanimous legislative
delegation vote on the local bill and said she pointed out that the bill still
had to pass the state legislature.
13. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events and reminded all
to vote on Tuesday, November 7.
14. Adjourn
The meeting adjourned at 7 :59 p.m.
Attest
City Clerk
City of Clearwater
- rteofk,MCrACtt
Mayor
City of Clearwater
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