09/06/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
September 6, 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
Joe Roseto Interim Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Rabbi Arthur Baseman from Temple B'nai Israel. The Mayor led the
Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4. Presentations
4.1 FRDAP (Florida Recreation Development Assistance Program) checks to be
presented by Representative Ed Hooper.
Representative Ed Hooper presented two $200,000 checks to the City for
Enterprise Dog Park and renovations to the Countryside Community Park.
4.2 Introduction and Recognition of 4 Clearwater High School Students - Nagano
Exchange Program.
Stacy Little introduced the high school students who participated in the program.
The students presented Council with gifts from Nagano.
4.3 Proclamation: Carefest Week – September 22 to 29, 2007.
4.4 Proclamation: Yellow Ribbon Suicide Awareness and Prevention, and National
Suicide Prevention Week – September 9 to 15, 2007.
4.5 Proclamation: Sickle Cell Awareness Month – September 2007.
4.6 Proclamation: Water Reuse Week – September 9 to 12, 2007.
4.7 Proclamation: United Way Month – September 2007.
5. Approval of Minutes
5.1 Approve the minutes of the August 14, 2007 City Council Meeting, the January
16, July 25, and August 13, 2007 City Council Special Meetings as submitted in written
summation by the City Clerk.
Councilmember Petersen moved to approve the regular minutes of the August
14, 2007 City Council Meeting, and the January 16, July 25, and August 13, 2007 City
Council Special Meetings as submitted in written summation by the City Clerk. The
motioncarried
was duly seconded and unanimously.
6. Citizens to be Heard re Items Not on the Agenda
John Wiser encouraged bicycle-riding and expressed concern with repeated
stops by a police officer regarding insufficient lighting; reported MPO Bicycle Advisory
Committee needs a member.
Mayor Hibbard said that the appointment will be in the coming week.
Reverend Floyd Irwin expressed concern with the justice system.
Eva Kunowska expressed concern regarding CRA funds and City subsidy of the
Clearwater Beach Visitor Center.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the recommended Penny for Pinellas project list, as revised, for Fiscal
Years 2007/08 through 2009/10.
On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance
established the requirement for a special hearing prior to the 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 Penny for Pinellas funding of $500,000 or more.
The current listing includes the Penny for Pinellas projects as approved by the City
Council last September and the new list for Recommended Project Funding as included
in the FY 2007/08 capital improvement plan through the final year of Penny receipts in
fiscal year 2009/10. There are no significant changes proposed. The projects remaining
for the last three years of the current Penny for Pinellas tax include: Druid Road
Improvements - $1,250,000, Morningside Recreation Center - $2,600,000, Recreation
Trails - $760,000 and Long Center Infrastructure Improvements - $1,050,000.
Councilmember Cretekos moved to approve the recommended Penny for
motion
Pinellas project list, as revised, for Fiscal Years 2007/08 through 2009/10. The
carried
was duly seconded and unanimously.
7.2 Set a final millage rate of 4.6777 mills for fiscal year 2007/08 levied against
nonexempt real personal property within the City and pass ordinance 7865-07 on first
reading.
Budget Director Tina Wilson provided a PowerPoint presentation regarding the
proposed budget. In accordance with Chapter 200 of the Florida Statutes, which defines
the requirements for "Determination of Millage" and the rules governing Truth in Millage
(TRIM) Compliance, the City Council must hold two public hearings to adopt a final
millage rate for the new fiscal year. The adoption of this ordinance to establish the
millage rate and the two related budget ordinances are an integral part of fulfilling these
requirements.
The City Council set a proposed millage rate of 4.6777 mills on July 19, 2007,
which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August.
The millage rate of 4.6777 mills represents a 10.2% decrease from the 2006/07 millage
rate of 5.2088 mills, and a 7.0% millage decrease from the rolled back rate of 5.0298
mills. The millage rate of 4.6777 mills represents the "maximum" rate established by HB
1B, the Property Tax Reduction and Reform Law, adopted by the State Legislature and
signed into law earlier this summer, which amended the method of establishing the
millage rate for local governments.
The proposed budget and millage rate were discussed at several City Council
meetings and workshops earlier this summer. In addition, a public meeting to receive
citizen input was held on August 13, 2007.
Ordinance 7865-07 is now presented in order to adopt the millage rate of 4.6777
mills to support the operating and capital budgets for fiscal year 2007/08.
Three persons spoke in opposition to the item. One person stated intelligent
changes to the state tax system are needed.
Discussion ensued with comments that the Council is as frustrated as residents,
that commercial and non-homesteaded property owners receive no relief from the
legislative changes, and that citizens need to write their legislators and the Governor.
Councilmember Petersen moved to approve setting a final millage rate of 4.6777
mills for fiscal year 2007/08 levied against nonexempt real personal property within the
motioncarried
City. The was duly seconded and unanimously.
Ordinance 7865-07 was presented for first reading and read in full.
Councilmember Doran moved to pass Ordinance 7865-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”; None.
7.3 Approve the City of Clearwater Annual Operating Budget for the 2007/08 fiscal
year and pass Ordinance 7866-07 on first reading.
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to
adopt a final budget. The adoption of this ordinance and the related ordinances
adopting the 2007/08 millage rate and Capital Improvement Budget are an integral part
of fulfilling these requirements.
On June 29, 2007, the City Manager presented to the City Council a detailed
preliminary Annual Operating Budget that outlined estimated revenues and proposed
expenditures for the 2007/08 fiscal year. The budget was discussed at several City
Council meetings earlier this summer and the City Council made changes to the
proposed budget at the July 19th and July 25th meetings. Ordinance 7866-07 is now
presented in order to adopt the operating budget for fiscal year 2007/08 and authorize
the City Manager to issue instructions to achieve and accomplish authorized services.
In response to questions, the Mayor said the Florida League of Cities indicated
Clearwater is the only city to complain regarding increased dues. It was suggested
Council send the League a letter opposing the increase and to send a check for the
same amount of dues as last year.
Councilmember Cretekos moved to approve the City of Clearwater Annual
motion
Operating budget for the 2007/08 fiscal year. The was duly seconded and
carried
unanimously.
Ordinance 7866-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7866-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”; None.
7.4 Adopt the Fiscal Year 2007/08 Capital Improvement Budget and establish a six-
year plan for the Capital Improvement Program (CIP) and pass Ordinance 7867-07 on
first reading.
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to
adopt a final budget. The adoption of this ordinance and the related ordinances
adopting the 2007/08 millage rate and Operating Budget are an integral part of fulfilling
these requirements.
On June 29, 2007, the City Manager presented to the City Council a detailed
preliminary Annual Capital Improvement Budget that outlines estimated revenues and
proposed expenditures for the 2007/08 fiscal year, as well as a six year plan for the
Capital Improvement Plan. The budget was discussed at several City Council meetings
earlier this summer and the City Council made changes to the proposed budget at the
July 19th and July 25th meetings. Ordinance #7867-07 is now presented in order to
adopt the capital improvement budget for the fiscal year 2007-08 and authorize the City
Manager to issue instructions to achieve and accomplish authorized services.
Councilmember Petersen moved to adopt the Fiscal Year 2007/08 Capital
Improvement Budget and establish a six-year plan for the Capital Improvement Program.
motioncarried
The was duly seconded and unanimously.
Ordinance 7867-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7867-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”; None.
7.5 Approve an amendment to an adopted Development Agreement between The
Sandpearl Resort, LLC (formerly known as CBR Development I, LLC) and The
Residences at Sandpearl Resort, LLC (formerly known as CBR Development II, LLC)
and the City of Clearwater (previously DVA2004-00005 approved by City Council on
January 20, 2005) relating to the provision of a 42-slip marina dock in conjunction with
the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be
for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged
lands adjacent to the Clearwater Beach Recreation Center (69 Bay Esplanade) and
adopt Resolution 07-17. (DVA2007-0002)
The existing properties total 9.77 acres (hotel site 7.36 acres [3.69 acres zoned
Tourist District; 3.67 acres zoned Open Space/Recreation District; residential site 2.41
acres) and is located on the west side of Mandalay Avenue between San Marco and
Ambler Streets.
On July 17, 2007, the Community Development Board approved with 12
conditions a Flexible Development application to permit in the submerged lands adjacent
to the Clearwater Beach Recreation Center a 42-slip marina dock in conjunction with the
Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for
public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet
with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of
the waterway and a reduction to required parking from 24 to zero spaces, for property
located at 69 Bay Esplanade (FLD2007-02003).
The proposed Development Agreement sets forth public/private obligations. The
City recognizes the economic and aesthetic benefits that will result from private
development. The Development Agreement provides a five-year term for the lease, with
the City’s option for five successive renewal terms of five years each and includes the
following main provisions:
Revises and replaces Section 5.03(10) of the Development Agreement, due to
the change in ownership of the submerged land where the boat docks are proposed.
Previously, the Development Agreement assumed State ownership of the submerged
land, requiring a sovereignty submerged land lease from the State of Florida. Both the
adopted Development Agreement and the proposed amendment provides for:
1) The developer to pursue, at the developer’s expense, permits to construct the
docks; 2) an agreement between the City and the developer to permit the developer to
construct the boat docks, at the developer’s sole expense, and lease a revised number
of slips (27) from the City, with the remaining revised number of slips (15) to be utilized
by the City. The slips to be leased to the developer are a maximum 67% of the total
number of slips; 3) The developer to pay all maintenance and repair costs; 4) The use of
the boat slips leased by the developer be limited to owners, tenants and guests of the
Sandpearl project; 5) The developer to provide a shuttle service from Sandpearl to the
boat docks; and 6) The assignment of leases for the boat slips to project owners.
The amended Development Agreement includes the following:
1) The use of the boat slips leased by the developer be expanded to include
Beach Club members and other owners and tenants that own or lease residences within
the geographical area bordered on the west by the Gulf of Mexico, on the east by
Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street;
and 2) The assignment of leases for the boat slips to also include Beach Club members
and other owners and tenants that own or lease residences within the geographical area
bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north
by Rockaway Street and on the south by Papaya Street.
Replaces Exhibit N (boat docking facilities site plan), based on the site plan
submitted under FLD2007-02003, which reduces the total number of slips from 57 to 42
slips and reduces the actual percentage of slips leased to Sandpearl to 64.3 percent (27
slips).
Replaces Exhibit N-1, which provides for the lease agreement provisions,
including the following (many provisions are the same or are similar under both the
adopted Development Agreement and the proposed amended Development
Agreement):
1) The scope of the project with the number of slips to be constructed; 2) The
hours of operation of the City controlled slips (5 am to midnight); 3) The ability to operate
a fireboat or other boats operated by the City or governmental agencies for public
purposes; 4) The ability to install gates or other access controls; 5) The restriction to
utilize only low profile pilings and/or tie poles, the disallowance of any covered boat slips,
the disallowance of any boat lifts in 40-foot or larger slips, a restriction as to the number
of slips allowing boat lifts (no more than 13 or 50 percent of the slips if less than 27 slips)
and the disallowance of refueling of any vessels; 6) The ability to install water and
electric lines to both developer controlled and City slips, including lighting; 7) The
developer to provide and pay for all maintenance and repair costs; 8) The use of the
developer boats slips by owners, tenants and guests of the Sandpearl project, as well as
Beach Club members and other owners and tenants that own or lease residences within
the geographical area bordered on the west by the Gulf of Mexico, on the east by
Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; 9)
The provision of a shuttle service from Sandpearl to the boat slips; 10) The assignment
of a Sandpearl employee to respond to problems at the boat docks on a 24 hour/ 7 day
per week basis, but does not require on-site security; 11) The developer to prepare and
submit for approval for all permits and to bear all costs to prepare such applications and
all permit and regulatory fees or charges; 12) sets out the annual rental to the City of the
developer’s leased area; 13) Provides for the City share of common expenses and sets
a cap to the amount of the City’s share of the common expenses; 14) Provides for
commencement of construction within one year of receiving all permits; 15) Provides for
a five-year term for the lease, with the City’s option for five successive renewal terms of
five years each; and 16) Provides for City ownership of the docks at the end of the all
lease and renewal options, or the ability for the City to pay a cost for the design,
permitting and construction of the docks for City use for all slips at any lease renewal
period.
The Community Development Board (CDB) reviewed this Development
Agreement at its public hearing on July 17, 2007, and unanimously recommended
approval. The Development Agreement has been amended since the CDB meeting to
reflect a need to define “low profile pilings and/or tie poles,” which was discussed by the
CDB.
Marine & Aviation Director Bill Morris said the Marine Advisory Board reviewed
the proposal four times. In January 2005, the board opposed the terms of the
agreement, not the concept. Over subsequent meetings the Board favored the docks
but felt the City should receive half of the slips and obtain full ownership more quickly.
Ed Armstrong, representative, said Council approved the lease and concept plan
for 54 slips in December 2006. The project was downsized to 42 slips after input from
Belle Harbour residents. The CDB then unanimously voted to approve the project. The
submerged land does not have an OSR (Open Space Recreation) designation and does
not require a referendum.
Three individuals expressed concern with the proposed amendments to the
development agreement.
One person spoke in support of the project.
Mr. Armstrong stated the City can establish security measures, hours of
operation, etc. for the public docks. The applicant is providing a large capital outlay to
build the boat slips and provide an amenity to the City at no cost. In addition to the ten
public meetings, meetings were held also with Belle Harbour residents.
Mr. Armstrong said when the project originally was proposed, there was
opposition from residents at Belle Harbour. JMC was responsive and voluntarily
reduced the number of slips from 54 to 42. Regarding security at the boatslips, he said
there will be a person on call at Sandpearl 24 hours a day, seven days a week. Mr.
Morris said a police aide will supplement security response. Mr. Morris said the public
marina is open 24 hours a day with no restrictions. Planning Director Michael Delk said
the project is in the Tourist District, which is comprised of a combination of commercial
activities except for Belle Harbour.
Discussion ensued. It was stated that the City has an obligation to Belle Harbour
residents regarding security and noise enforcement of the public docks. Concern was
expressed that Council must consider what is in the best interest of the entire City not a
specific location.
Councilmember Cretekos moved to approve an amendment to an adopted
Development Agreement between The Sandpearl Resort, LLC (formerly known as CBR
Development I, LLC) and The Residences at Sandpearl Resort, LLC (formerly known as
CBR Development II, LLC) and the City of Clearwater (previously DVA2004-00005
approved by City Council on January 20, 2005) relating to the provision of a 42-slip
marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day
slips, of which 15 slips will be for public usage and 27 slips will be leased to the
Sandpearl Resort) in the submerged lands adjacent to the Clearwater Beach Recreation
motion
Center (69 Bay Esplanade). The was duly seconded. Councilmembers Doran,
Petersen, Cretekos, and Mayor Hibbard voted “Aye”; Councilmember Gibson voted
carried
“Nay”. Motion .
Resolution 07-17 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution 07-17 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, and Hibbard.
“Nays”: Gibson.
Motion carried.
In response to a question, Ms. Akin said the City is in control of the rules
pertaining to the public docks and hours of operation. Staff will bring forward an
ordinance at the next meeting.
It was suggested the Belle Harbour Homeowners’ Association submit its
recommendations regarding regulations of the public docks.
7.6 Establish written procedures to provide for and encourage public participation in
the planning process, including consideration of amendments to the Comprehensive
Plan and Evaluation and Appraisal Reports and Pass Resolution 07-14.
Chapter 163 of the Florida State Statutes, and Chapter 9J-5 of the Florida
Administrative Code provide that the local governing body and the local planning agency
shall adopt written procedures to provide for and encourage public participation in the
planning process, including consideration of amendments to the Comprehensive Plan
and Evaluation and Appraisal Reports.
The Planning Department is in the process of writing the EAR-based
amendments to the Comprehensive Plan and needs to adopt written procedures for
public participation as part of this process.
The proposed procedures are typical for public participation in planning and are
designed to meet the needs of the City of Clearwater and it’s citizens.
The Community Development Board reviewed this proposed resolution at its
regularly scheduled meeting on July 17, 2007 and supported the proposed process.
Councilmember Doran moved to approve establishing written procedures to
provide for and encourage public participation in the planning process, including
consideration of amendments to the Comprehensive Plan and Evaluation and Appraisal
motioncarried
Reports. The was duly seconded and unanimously.
Resolution 07-14 was presented and read by title only. Councilmember Cretekos
moved to pass and adopt Resolution 07-14 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”; None.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 7800-07 on second reading, relating to wellhead protection,
amending Chapter 24, Public Health, Article III, Wellhead Protection, adding new section
24.64, Permit Requirements, and renumbering sections.
Ordinance 7800-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7800-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, and Gibson.
“Nays”; None.
Absent: Hibbard.
8.2 Adopt Ordinance 7846-07 on second reading, annexing certain real property
whose post office address is 2767 Morningside Drive, into the corporate limits of the city,
and redefining the boundary lines of the city to include said addition.
Ordinance 7846-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7846-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, and Gibson.
“Nays”; None.
Absent: Hibbard.
8.3 Adopt Ordinance 7847-07 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain real
property whose post office address is 2767 Morningside Drive, upon annexation into the
City of Clearwater, as Residential Low.
Ordinance 7847-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7847-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, and Gibson.
“Nays”; None.
Absent: Hibbard.
8.4 Adopt Ordinance 7848-07 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 2767 Morningside Drive,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Ordinance 7848-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7848-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”; None.
8.5 Adopt Ordinance 7849-07 on second reading, annexing certain real property
whose post office address is 2186 Drew Street into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 7849-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7849-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”; None.
8.6 Adopt Ordinance 7850-07 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain real
property whose post office address is 2186 Drew Street, upon annexation into the City of
Clearwater, as Residential Urban.
Ordinance 7850-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7850-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”; None.
8.7 Adopt Ordinance 7851-07 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 2186 Drew Street, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7849-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7849-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”; Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”; None.
City Manager Reports
9. Consent Agenda – Approved as submitted, less Item 9.1 and 9.14.
9.1 Approve the Interlocal Agreement with Pinellas County to extend the
Infrastructure Sales Surtax (Penny for Pinellas) for ten years effective February 1, 2010
through January 31, 2020 and authorize the appropriate officials to execute same.
(consent)
This item was pulled from the Consent Agenda for discussion.
The formal agreement between the City of Clearwater and Pinellas County is to
reflect the time frame and distribution percentages for the Infrastructure Sales Tax
Renewal.
The City Council reviewed the distribution percentages and approved the Penny
for Pinellas list of City projects on July 20, 2006, and amended on October 19, 2006.
This final approved list has been provided to Pinellas County. The revenue distribution
percentages have not changed since reviewed with the Council last year prior to voter
approval. The extension of the Infrastructure Sales Surtax for the additional ten-year
period was approved by the registered voters of Pinellas County on March 13, 2007.
Jail and criminal justice related facilities were given a priority for funding and will receive
$225 million over the ten-year period as outlined in the agreement. Clearwater will
receive 7.9761% of the net proceeds remaining after those funds are deducted.
The Mayor reported that the Mayors’ Council discussed this issue at yesterday’s
meeting. Cities want to discuss tweaking the distribution formula, so that municipalities
will receive more, with the County. The Mayor requested to table the item until the cities
meet with the County.
motion
Councilmember Petersen moved to table Item 9.1. The was duly
carried
seconded and unanimously.
9.2 Approve an amendment to the Interlocal Agreement with Pinellas County for the
six (6) cent Local Option Fuel Tax extending the date of the levy to end on December
31, 2017 and authorize the appropriate officials to execute same. (consent)
9.3 Approve a five-year (5) Management Agreement between the City and the
Clearwater Regional Chamber of Commerce (CRCC) for the Clearwater Beach Visitor
Information Center (VIC) for the period of October 1, 2007 through September 30, 2012
at a cost not to exceed $235,000 and authorize the appropriate officials to execute
same. (consent)
9.4 Approve an Agreement between the City of Clearwater and the Clearwater
Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2007-2008
in return for funding in the amount of $190,000 and authorize the appropriate officials to
execute same. (consent)
9.5 Approve settlement of the liability claim of Joshua Monti for payment of $57,000
and authorize the appropriate officials to execute same. (consent)
9.6 Extend the Contract with Mastec North America, Inc., Tampa, FL for the period
October 1, 2007, to September 30, 2008, for the Installation of Gas Mains and Service
Lines, in the amount of $1,185,000, approve a Purchase Order in the amount of
$1,098,750 and authorize the appropriate officials to execute same. (consent)
9.7 Approve the second and final five-year (December 1, 2007 to November 30,
2012) lease renewal and operating agreement between the City of Clearwater and
Clearwater Aircraft, Inc. owned by David King, Fixed Base Operator (FBO) at the
Clearwater Airpark with $17,729.97 per month rent and $.10 per gallon of fuel purchased
for resale; the rent to increase by the CPI each year on January 1 and authorize the
appropriate officials to execute same. (consent)
9.8 Award a contract to Purvis Curbs of Largo, Florida and Grosz & Stamper
Corporation of Tampa, Florida (Bid #35-07) for $200,000 each (for a total of $400,000)
for materials and labor to install various concrete projects throughout the year and
authorize the appropriate officials to execute same. (consent)
9.9 Approve establishing a new Capital Improvements Project (CIP 315-93265)
entitled Clearwater Beach Library/Recreation Center Renovations, for a total budget of
$490,000 and approve the transfer of $390,000 of unappropriated retained earnings of
the general fund at third quarter. (consent)
9.10 Approve a new Capital Improvement Project (CIP 315-93257) entitled Joe
DiMaggio Sports Complex Field House Demolition/Renovation; approve the transfer of
$150,000 of unappropriated retained earnings of the general fund and $146,000 of
operating savings in the Parks and Recreation operating budget at third quarter for a
total budget of $296,000; approve a contract (07-0003-PR) to Sonny Glasbrenner of
Clearwater, Florida for the demolition of the field house for the sum of $169,345 and
approve a change order deduct in the amount of $41,140 for a net contract amount of
$128,205 and authorize the appropriate officials to execute same. (consent)
9.11 Approve establishing a new Capital Improvements Project (CIP 315-93283)
entitled Countryside Recreation Center Basketball Court Refurbishment, and approve
the transfer of $70,000 of operating funds from the Parks and Recreation Department
budget at third quarter. (consent)
9.12 Approve acceptance of a FY 2007 Edward Byrne Memorial Justice Assistance
Grant (JAG) in the amount of $103,971 from the U.S. Department of Justice/Bureau of
Justice Assistance (USDOJ/BJA). (consent)
9.13 Approve a work order to McKim & Creed to provide engineering design and
permitting services for the Turner Street Box Culvert for the sum of $296,897.00 and
authorize the appropriate officials to execute same. (consent)
9.14 Adopt a City Council policy regarding Roadside Memorials.
This item was pulled from the Consent Agenda for discussion.
This Policy provides a mechanism whereby residents that have lost loved ones in
traffic accidents, bicycle accidents, or pedestrian accidents can memorialize the loved
one for a specified time. The time period is 60 days in residential areas and one year in
non-residential. The memorials will be designed, installed, and maintained by
Clearwater Traffic Operations. The cost to the applicant will be $300. Requests for
memorials to be placed in residential areas must include written permission from of the
resident whose property is abutting the right-of-way where the memorial is to be placed.
This policy will be consistent in most details with the Pinellas County policy and FDOT
policy.
One person spoke regarding the policy, suggesting various changes.
In response to questions, Traffic Operations Manager Paul Bertels said the policy
covers only City-owned rights-of-way. Engineering Director Mike Quillen said Council
had suggested the 60-day timeframe at various discussions. He said the City does not
intend to search for and remove existing memorials unless complaints are received. He
said the $300 charge was established to cover City expenses but can be changed per
Council direction.
Discussion ensued with a suggestion that the 60-day timeframe be extended to a
year with no renewal.
Councilmember Petersen moved to amend the proposed City Council policy to
allow memorial markers on roadways for one year with no renewal and to approve the
motioncarried
amended policy. The was duly seconded and unanimously.
9.15 Approve a Work Order in the amount of $837,072.00 to McKim and Creed, P.A.
(EOR), to provide professional engineering services for the design, permitting and
bidding for Skycrest Reclaimed Water Project (07-0013-UT), and that the appropriate
officials be authorized to execute the same. (consent)
9.16 Appoint Sioux Hart to the Resident category and Phyllis Franklin to the Business
Owner or Representative category on the Brownfields Advisory Board, with the terms
expiring on September 30, 2011. (consent)
9.17 Confirm the Mayor's reappointment of Terry Byrd to the Clearwater Housing
Authority with the term expiring on September 30, 2011. (consent)
9.18 Reappoint Pat Harney to the Community Relations Board with the term expiring
on September 30, 2011. (consent)
9.19 To the Enterprise Zone Development Agency, reappoint Bob Fernandez to the
Resident within the area category and Isay Gulley to the Non-profit community based
organization operating within the area category with the terms expiring on September
30, 2011 and appoint Kevin Gartland to the Local Chamber of Commerce category with
the term expiring on September 30, 2011. (consent)
9.20 Authorize instituting a civil action against Riley Electric Company d/b/a Digger
One, to recover $565.62 for damage to City property and the appropriate officials be
authorized to execute same. (consent)
Councilmember Doran moved to approve Consent Agenda Items 9.2 – 9.13, and
motioncarried
9.15 – 9.20. The was duly seconded and unanimously.
10. Other items on City Manager Reports
10.1 Authorize the Gas System Revenue Refunding Bonds, Series 2007 to be
designated as Qualified Tax Exempt Obligations, authorize the cash defeasance of
certain outstanding Gas Revenue Bonds, Series 1998 in the amount of $4,165,000, and
adopt Resolution 07-23.
The Gas Revenue Bonds, Series 1998 maturing after September 1, 2007 are
eligible for redemption on or after September 1, 2007 in whole at anytime or in part on
any interest payment date (March 1 and Sept 1) subsequent to September 1, 2007.
Resolution 07-15, previously adopted by the Council, authorized issuance of Gas
System Refunding Bonds, Series 2007 to refund the Gas Revenue Bonds, Series 1998.
Current market interest rates have not yet reached a point where the net present value
savings is sufficient to warrant refunding. Refunding potential will continue to be
evaluated should interest rates drop.
In the meantime, the Gas System has reviewed it’s future cash needs and has
determined that it has excess cash available in capital projects funds due to the
slowdown in the housing construction market. In order to redeem a portion of these
1998 Bonds (maturing in 2019 – 2023), a transfer of funds from the CIP fund in the
amount of $4,165,000 to the Gas operating fund 423 is required. Funds will come from
project 315-96365 (line relocation maintenance Pinellas) in the amount of $665,000;
project 315-96377 (new mains and services in Pinellas) in the amount of $500,000, and
project 315-96378 (new mains and services in Pasco) in the amount of $3,000,000.
These projects will not be adversely affected due to the current slowdown in housing
construction. These funds will subsequently be transferred to the debt service fund at
the time the bonds are redeemed.
A first quarter budget amendment will be processed to transfer these funds from
the CIP Fund to the Gas Fund and then to the Debt Service Fund for the redemption of
the 1998 Bonds.
Due to the reduced amount of bonds to be issued (now estimated at $3.71 million
after the $4.165 million cash is used), the City is able to designate these bonds as
Qualified Tax Exempt Obligations. Qualified bonds carry a lower interest rate allowing
the City to realize additional savings. The City is only able to designate bonds as
qualified if the total debt issued in a calendar year is less than $10 million. The only
other debt issued by or expected to the issued by the City in 2007 is approximately $3.8
million in lease purchase debt plus this bond issue of $3.71 million for a total of $7.51
million.
This resolution updates the previous resolution by authorizing $4.165 million of
cash to defease a portion of the 1998 bonds and authorizing the designation of the 2007
Bonds as qualified. It is CGS’s to use the interest savings from the 1998 cash
redemption to shorten the duration the remaining 1998 bonds when and if the refunding
occurs.
Councilmember Doran moved to approve authorizing the Gas System Revenue
Refunding Bonds, Series 2007 to be designated as Qualified Tax Exempt Obligations,
authorize the cash defeasance of certain outstanding Gas Revenue Bonds, Series 1998
motioncarried
in the amount of $4,165,000. The was duly seconded and unanimously.
Resolution 07-23 was presented and read by title only. Councilmember Doran
moved to pass and adopt Resolution 07-23 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Gibson, and Hibbard.
“Nays”; None.
Absent: Cretekos.
Miscellaneous Reports and Items
11. City Manager Verbal Reports – None.
12. Council Discussion Items
12.1 Provide direction re schedulinq items for Council discussion.
Clearwater Marine Aquarium $250.000 Grant Request - Gibson
CMA (Clearwater Marine Aquarium) Board Chairman Nathan Hightower
said CMA has been a strong corporate citizen, attracting tourists and dedicating efforts
to research and education. He reviewed expansion and fundraising plans. This is a
one-time funding request.
Discussion ensued. It was noted that Penny for Pinellas funds cannot be used
for renovations to the aquarium, as it is not a publicly owned facility.
It was requested that detailed information regarding renovations and fundraising
efforts be provided before further discussion at a future work session.
13. Other Council Action
Councilmembers reported on events in which they recently participated and
reviewed upcoming events; welcomed new Church of the Living God; new Citizens
Academy starting; invited all to Willa Carson Health Resource Center block party and 9-
11 memorial concert at Peace Memorial Church.
Doran thanked County Commissioner Ken Welch for housing workshop.
Petersen applauded the Downtown Development Board's 3D model of Cleveland
Street; GotGov applications for the new year are available; requested that Council be
respectful to all as it represents the entire City.
Gibson expressed disappointment in Sand pearl discussion.
Cretekos congratulated firefighters and citizens for MDA contributions; requested
Council follow parliamentary procedures.
Hibbard said Tampa Bay Regional Transportation Authority had its first meeting
regarding County transit alternatives and development of Master Plan; expressed
concern that Clearwater may lose representation on MPO when his term as Chair ends.
14. Adjourn
The meeting adjourned at 9:44 p.m.
4~~~
'MaYor
City of Clearwater
Attest: