04/30/2007
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
April 30, 2007
Present: Frank Hibbard Mayor
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson 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
Patricia O. Sullivan Board Reporter
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.
Fire Department
Award a contract to Fisher Scientific Company LLC, 5904-D Hampton Oaks Parkway, Suite
200, Tampa Florida, in the amount of $150,000, for the replacement and upgrade of Scott Air
Packs in accordance with sec. 2.564 – (1) (b) and (e), and authorize appropriate officials to
execute same. (consent)
This program provides for the replacement and upgrade of breathing apparatus needed
for worn or damaged front line units used by firefighters. The project will provide for the
purchase of self-contained breathing apparatus (SCBA) upgrade kits that have been approved
through the National Institute for Occupational Safety & Health (NIOSH) and CDC.
The CDC and NIOSH have a program to approve SCBA for use by firefighters and other
first responders to terrorist attacks. NIOSH approval under the program signifies that an SCBA
is expected to provide needed protection to first responders in situations where an act of terror
has released harmful chemicals. Pathogens, or radioactive materials into the air.
This program will provide for the standardization of existing airpacks and the purchase of
new replacement airpacks that meet the new standard, which has been adopted by National
Fire Protection Association (NFPA) revision of NFPA 1982.
In response to questions, Fire Chief Jamie Geer said equipment that meets 2007
standards is not yet being manufactured. Fire Division Chief Robert Weiss said the department
is playing catch-up, first by meeting 2002 national standards in order to upgrade to 2007
standards and qualify for grants.
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Financial Services
Declare an estimated 50,000 pounds of aluminum from bleachers, box seating and other
miscellaneous materials at Jack Russell Stadium surplus to the needs of the City and authorize
sale to the highest bid received; and allow proceeds to be returned to the Jack Russell Stadium
demolition project; and allow appropriate officials to execute same. (consent)
Jack Russell Stadium seating under the covered area and box seating is no longer
needed at the stadium or any other City facility. Staff has contacted Pinellas, Pasco and
Hillsborough County Schools, Tampa Bay Downs Race Track, Southeast Seating, Sunshine
Speedway, Clearwater Central Catholic and Calvary Christian High Schools. None has
expressed interest in obtaining the bleachers for reuse.
Cost of removal is estimated to be $5,000, which will be paid from revenue received.
The current value of aluminum is approximately $0.80/pound; therefore net proceeds are
estimated to be $35,000.
Several citizens have expressed interest in purchasing seats and signage. Staff will
accommodate the citizens by allowing sealed bids for lots as small as one seat or sign. Small
lot bids must be equal to or greater than the salvage value. A small fee will be charged for
removal and handling. City employees or prisoner volunteers will remove seats and/or signage.
Bidders will be responsible for transportation from Jack Russell Stadium to the final destination.
Funds received will be utilized to pay unanticipated recycling costs for hazardous
materials left on the site and for restoration after demolition. Thirteen large electrical
transformers left on site may contain PCBs, therefore must be tested and properly recycled. In
addition, over 700 pounds of chemicals were found in various storage facilities that must be sent
to proper hazardous waste disposal facilities.
Site restoration will include new electrical service, dugout drainage, ADA approved
sidewalks to the restroom facilities, a new backstop, and modification of the remaining
bleachers for code compliance.
Concern was expressed that it will be difficult for residents to comply with the bidding
process. Finance Director Margie Simmons said City ordinance requires a sealed bid process.
Parks & Recreation Director Kevin Dunbar said the City had received three requests for specific
seats. The City will advertise the offering in the newspaper and assist residents through the
process.
Parks and Recreation
Approve the Public Art and Design Master Plan as submitted by the Public Art & Design Board
and staff, in compliance with Ordinance 7489-05 establishing criteria, policies and priorities for
the Public Art and Design Program. (consent)
In 2005, the Council approved Ordinance 7489-05 establishing the Public Art and
Design Program. This Ordinance requires 1% of the construction budget of eligible City capital
improvement projects be allocated for public art. Private development projects with a total
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construction value of $5 million or greater may either allocate 1% of construction costs for an
on-site public art project or may contribute 0.75% to a City Public Art Fund.
The Ordinance also calls for the development of a Public Art and Design Master Plan,
subject to City Council approval to establish criteria, policies, and priorities for the Public Art and
Design Program. The Public Art and Design Board, in concert with City staff, and the consulting
team of Brown and Keener Bressi and Via Partnership, has prepared a Master Plan to fulfill this
requirement and to set a strong direction for the future of the public art program.
To develop recommendations in the plan, interviews with City staff and civic leadership
were held along with two “Imagine Art Here” public workshops. More than 30 participants
helped to articulate and prioritize specific desired outcomes for the Public Art and Design
Program. They discussed and ranked various program directions, and brainstormed ideas for
specific projects. The interviews, workshops, site investigations, review of City planning and
budget documents, and research of public art practices helped to shape this plan.
The Plan recommends that Clearwater’s Public Art and Design Program focus its efforts
on commissioning artwork in this priority order: 1) projects that will shape the overall City image,
reinforcing the City’s role as a destination, 2) strengthen civic connectivity by enhancing citywide
infrastructure, or 3) support individual neighborhood identity by creating local points of pride.
The Plan also recommends commissioning “Special Initiative” art projects in addition to
those related to the City’s Capital Improvement Program. Funding for these projects would
come from private developers who choose the in-lieu contribution to the Public Art Fund to fulfill
the requirements of Ordinance 7489-05.
The Plan identifies various public art opportunities and recommends a project approach,
budget range and timeframe based on the availability of funding. An action plan outlines
projects that can be commissioned in the first few years of the program and suggests how the
program can begin laying groundwork for longer-term projects.
The Plan makes programmatic and policy recommendations including an Artwork Gift
Policy and a Deaccession Policy.
Approval of this Plan will not require the immediate expenditure of any funds. Individual
projects requiring the expenditure of public and private monies will be included in the annual
budget review process.
In response to questions, Cultural Affairs Manager Margot Walbot said department
directors would determine the placement of gifts valued under $5,000. Tax deductions on
donations from artists are valued only at the cost of materials. It was recommended that
collector gifts be qualified for tax deductions. Staff was complimented and thanked for their
efforts.
City Manager Verbal Reports
Potential appeal to short-term rentals ruling
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The City Attorney reported the Circuit Court entered a Final Declaratory Judgment on
April 20, 2007 that the City Codes were not sufficiently specific to put the property owners on
notice of the prohibition, that all the owners had shown the properties were offered for use or
used as short-term rentals prior to 2003, that the City had not enforced prior to 2003, and
therefore that all 31 properties were grandfathered in and could continue the short-term rental
use.
It is believed that legal grounds exist upon which to base an appeal to the Second
District Court of Appeal. The filing fee will be $300 and a trial transcript will cost approximately
$1,300. If unsuccessful, the City would pay the other side's costs but not attorneys' fees. The
funding for these costs is available in the City Attorney's Office budget.
In response to questions, the City Attorney said Charlie Siemon had indicated that
outside representation for the appeal would cost less than $20,0000. Few of the ruling judge’s
decisions have been overturned. While mediation occurred previously, the plaintiffs have no
incentive to discuss a settlement with the City at this time.
Request to disband Budget Task Force
It was noted that this Task Force had completed its assigned task and members still are
unable to discuss task force issues among themselves.
Consensus was to disband the Budget Task Force.
Council Discussion Items
Proposed Budget Cuts
Parks & Recreation Department
Parks & Recreation Director Kevin Dunbar reviewed proposed budget cuts: 1) Contract
Projects Team services; 2) Reduce holiday lighting; 3) Reduce PACT (Performing Arts Center &
Theater) contribution to $400,000; 4) Reduce AALC (African American Leadership Council)
program support; 5) Consolidate electricians and eliminate a position; 6) Eliminate cash funding
for outside organizations; 7) Close Morningside Recreation Center; 8) Reduce contracted
grounds maintenance; 9) Eliminate Systems Analyst; 10) Eliminate Administrative Analyst; 11)
Close recreation centers on seven holidays; 12) Close Beach Recreation Center – rentals only;
13) Eliminate programmer at MLNP (Moccasin Lake Nature Park); 14) Eliminate PIO (Public
Information Officer); 15) Reductions in Landscape Maintenance Team; 16) Special Events –
Recreation Specialist (includes BrightHouse Networks Field Events): a) Reduce Fun ‘n Sun
festival to two weeks and eliminate Cinco de Mayo; b) Eliminate fall concert; and c) Eliminate
City participation in Festival of Trees; 17) Eliminate Coordinator for recreation programming
administration; 18) Turn operations of North Greenwood Recreation & Aquatics Complex over to
the Boys & Girls Club; and 19) Eliminate Recreation Programmer for Cultural Affairs.
In response to questions, Mr. Dunbar said grass will replace some landscaping and City
efforts to set up special events will be reduced. Fourth of July fireworks would be reduced and
holiday lighting downgraded to 1999/2000 levels. Eliminating all holiday decorations would save
$51,000.
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Discussion ensued regarding closure of Morningside and Beach Recreation Centers.
Mr. Dunbar said the City lacks $2-million to replace the Morningside Recreation Center with
anything larger than a neighborhood center. The summer camp program would be eliminated.
Savings would result from the elimination of FTEs and operating costs. No money has been
spent on a new center’s design. Budget Director Tina Wilson said Public Hearings regarding
the change in Penny for Pinellas use would occur in September. It was recommended that
Penny for Pinellas funds set aside for the Morningside Recreation Center be reallocated to
traffic calming in that neighborhood. It was recommended that increasing user fees be
considered as a way to offset potential closures.
Discussion ensued regarding demand of recreational facilities. It was suggested that
flexible hours be considered for recreation centers and libraries. Staff will report on facility use.
Mr. Dunbar said cuts would close MLNP on Sundays and eliminate the park’s birds of
prey displays. The Special Events special position currently handles events with the Phillies at
BrightHouse Network Field and handled volunteers for Ironman. If this position is eliminated,
the City would have to renegotiate its contracts with the Phillies and Ironman.
In response to a recommendation that the operation of the North Greenwood Recreation
Center be turned over to a local organization, it was stated the Charter requires that the building
remain a recreation center open to the public.
Information Technology
Information Technology Director Dan Mayer reviewed proposed budget cuts: 1)
Eliminate Telecommunications Supervisor and revert to part-time position; 2) Eliminate
Administrative Assistant position; 3) Eliminate Network Analyst; and 4) Reduce annual project
funding.
General Services
Solid Waste/General Services Director Tom Downes reviewed proposed budget cuts: 1)
Eliminate Administrative Analyst; 2) Eliminate Fleet Service Worker; 3) Eliminate two
mechanics; and 4) Eliminate Tradesworker. All electricians would be assigned to General
Services. The consolidation of fire maintenance will be accomplished this year.
Consensus was to agenda Council direction on proposed budget cuts for May 3, 2007.
Status of Increases in Hotel Density - Petersen
It was noted that thousands of hotel rooms in the County had been converted to
condominiums as the value for residential units is higher than hotel rooms. The PPC (Pinellas
Planning Council) has proposed increasing density for overnight accommodations.
Planning Director Michael Delk expressed concern the PPC recommendations do not go
far enough to attract resort development to Clearwater beach. Staff will present to the PPC its
recommendation for an urban development pattern for overnight accommodations. This pattern
would permit construction on smaller lots. Mr. Delk said the change is key to a turnaround in
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development on Clearwater beach by encouraging mid-priced, mid-sized hotels with 100 to 120
rooms. He said substantial increases in density can be done within current height restraints,
with comfortable levels of mass and scale.
Consensus was to support the PPC proposal, while requesting additional density.
Other Council Action
Squad 49
Concern was expressed regarding proposed budget cuts affecting department efficiency.
In response to a question, Fire Chief Jamie Geer said airpacks currently are refilled onsite by
Squad 49 or at the fire station. If the unit is eliminated, airpacks would have to be refilled at
headquarters or via mutual aid assistance.
Fire Chief Geer said Squad 49 refills airpacks on scene approximately three times a
month. Another unit could tow the equipment to refill airpacks. He said it is preferable to
decommission this squad rather than a rescue or pumper unit.
It was noted that cuts to public safety are difficult and it was recommended that the City
err on the side of safety.
Adjourn
The meeting adjourned at 4:53 p.m.
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