12/06/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
December 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
Jill S. Silverboard 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 6:00 p.m. at City Hall. Councilmember
Cretekos offered the invocation. 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 Going for Green, Enhancing Environmental Sustainability in Clearwater - USF Students
USF (University of South Florida) graduate students presented their initial assessments
and recommendations to enhance environmental sustainability in Clearwater.
4.2 Clearwater Veterans Appreciation Day Certificates - Bob Swick.
Certificates were presented to the City Council and City Manager.
4.3 We Care Fund - Jim Geary
Residents were encouraged to donate to the fund, which is used to assist paying utility
bills for people experiencing temporary financial difficulties.
4.4 Turkey Trot - Kevin Dunbar, Parks and Recreation
The City was thanked for its support of this event.
4.5 State of the City Presentation
The City Manager presented the 2007 Annual Report. He reviewed efforts to achieve
vision statement priorities and to continue service levels under State mandated budget
constraints.
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5 - Approval of Minutes
5.1 Approve the minutes of the October 1, 2007 Special Meeting and the November 15, 2007
City Council Meeting as submitted in written summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the October 1, 2007 Special
Meeting and the November 15, 2007 City Council Meeting as recorded and submitted in written
summation by the City Clerk to each Councilmember. The motion was duly seconded and
carried unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
James McNicolas opposed the City spending on unnecessary things and scheduling the
Christmas parade during the day; complained the City has done nothing to address illegal
activity at Crest Lake Park.
John Island opposed the 300% increase in boat slip rents; requested that the different
sizes of slips be considered.
Liz Drayer supported the City’s efforts to go green and suggested that the City also
emphasize green landscaping and enact a fertilizer ordinance.
Jim Strickland supported the Skycrest traffic-calming plan and complimented the
downtown streetscape project.
Ron Wright – introduced himself as the new president of the Tropical Hills Association.
Jim Ponticelli – thanked the City for their efforts in the Skycrest neighborhood and
throughout Clearwater over the past year.
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
7.1 Approve the City of Clearwater FY 2006-2007 Consolidated Annual Performance and
Evaluation Report (CAPER)
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report, documenting the City’s expenditures for Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U. S. Department of
Housing and Urban Development (HUD). For FY (Fiscal Year) 2006/07, the City’s budget was
as follows: $969,479 in CDBG; $543,850 in HOME; and $200,000 in program income for a total
budget of $1,713,329.
The CAPER document serves as the basis for program monitoring for compliance and
for financial audits for all activities conducted during the FY 2006/07 as outlined in the
Consolidated Plan for that program year. The report provides HUD with necessary information
for the Department to meet its requirement to assess each grantee’s ability to carry out relevant
Community Planning and Development programs in compliance with all applicable rules and
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regulations. It also provides information necessary for HUD’s Annual Report to Congress and it
provides grantees an opportunity to describe to citizens their successes in revitalizing
deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning
document.
In addition to reporting on City activities with federal money, staff also included a
summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP)
Program in the narrative section; however, these numbers are not included in the totals below.
Through CDBG and HOME program activities, the City expended a total of $1,766,224
in FY 2006/07; this included prior year funds as well as program income and recaptured funds.
Those funds not expended from this year's budget will be programmed in future years.
The City of Clearwater FY 2006/07 CAPER contains information on the City’s
assessment of activities: 1) Assessment of Three to Five Year Goals and Objectives; 2)
Affordable Housing; 3) Continuum of Care; 4) Leveraging Resources; 5) Affirmatively Furthering
Fair Housing; 6) Citizens Comments; and 7) Self-Evaluation.
Through the programs covered under the CAPER, over 17,000 persons were assisted
through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair
Housing, and Economic Development projects. Staff has worked with 20 non-profits to
complete this activity. Also, during this past fiscal year, 11 homes were rehabilitated and seven
downpayment assistance loans were completed through City CDBG and HOME programs.
The City’s Neighborhood and Affordable Housing Advisory Board recommended
approval of the FY 2006/07 CAPER on November 27, 2007. The FY 2006/07 CAPER is due to
HUD no later than December 29, 2007.
Councilmember Gibson moved to approve the City of Clearwater FY 2006-2007
Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Gibson and Hibbard.
“Nays”: None.
Absent: Cretekos.
8Second Readings - Public Hearing
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8.1 Adopt Ordinance 7887-07 on second reading, annexing certain real property whose post
office address is 1474 Sandy Lane together with the abutting right-of-way, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 7887-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7887-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.2 Adopt Ordinance 7888-07 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 1474 Sandy Lane, upon annexation into the City of Clearwater, as
Residential Urban.
Ordinance 7888-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7888-07 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.
8.3 Adopt Ordinance 7889-07 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1474 Sandy Lane, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7889-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7889-07 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.
8.4 Adopt Ordinance 7893-07 on second reading, annexing certain real property whose post
office address is 1404 Satsuma Street, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7893-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7893-07 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 7894-07 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 1404 Satsuma Street, upon annexation into the City of Clearwater, as
Residential Low.
Ordinance 7894-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7894-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.6 Adopt Ordinance 7895-07 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1404 Satsuma Street, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7895-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7895-07 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 7896-07 on second reading, vacating the 30 foot right-of-way of Hart
Street lying between Block 3, Jones Subdivision of Nicholson’s Addition to Clearwater Harbor
and Block 3, Hart’s Second Addition to the Town of Clearwater, subject to a drainage and utility
easement which is retained over the full width thereof.
Ordinance 7896-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7896-07 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.
8.8 Adopt Ordinance 7899-07 on second reading, amending Chapter 33, Section 33.028, Code
of Ordinances, relating to rental charges to include market surveys of local area marinas, not
just municipal marinas when comparing rates.
Ordinance 7899-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7899-07 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.
8.9 Continue to January 17, 2008 second reading of Ordinance 7835-07, making amendments
to the Community Development Code by amending Article 2, Zoning Districts; amending Article
3, Development Standards; amending Article 4, Development Review and Other Procedures;
Amending Article 8, Definitions and Rules of Construction.
Councilmember Petersen moved to continue Item 8.9 to January 17, 2008. The motion
was duly seconded and carried unanimously.
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City Manager Reports
9 - Consent Agenda – Approved as submitted.
9.1 Appoint Dan Carpenter to fill Frederick I. Ziegler’s remaining two year term as a Trustee of
the Clearwater Firefighters’ Supplemental Trust Fund in accordance with Sec. 175.061 of the
Florida State Statutes. (consent)
9.2 Approve participation by the Clearwater Public Library System in the new countywide
Library Automation System to be managed by the Pinellas Public Library Cooperative, approve
the Hosting Agreement and authorize the appropriate officials to execute same. (consent)
9.3 Approve renewal of a three-year lease agreement between the City of Clearwater and the
Civil Air Patrol SER FL153, an auxiliary of the United States Air Force, for use of City property at
the Clearwater Airpark, 1000 N. Hercules Avenue, Clearwater in consideration of one dollar and
authorize the appropriate officials to execute same. (consent)
9.4 Approve acceptance of a Chemical, Biological, Radiological, Nuclear, and Explosive
(CBRNE) vehicle that will be purchased by the City of Tampa through its Urban Area Security
Initiative (UASI) grant. (consent)
9.5 Approve a contract (purchase order) for $116,450 to Broyhill Inc. of Dakota City, NE for the
purchase of one new Broyhill Load-N-Pack Model 80-HD Refuse Collection Vehicle in
accordance with Sec. 2.564(1)(d), Code of Ordinances, authorize lease purchase under the
City's Master Lease Purchase Agreement and authorize the appropriate officials to execute
same. (consent)
In response to a suggestion, the City Manager said staff will investigate if alternative fuel
vehicles are available for this use and be sensitive to that issue when considering future vehicle
purchases.
9.6 Reappoint Jan Regulski and appoint Elizabeth O'Brien to the Library Advisory Board with
the term expiring on December 31, 2011. (consent)
9.7 Appoint Herbert W. McLachlan as the citizen representative to the Pension Investment
Committee for a two-year term. (consent)
9.8 Reappoint Linda S. Damsky and Robert A. Freedman to the Sister Cities Advisory Board
with the term expiring on December 31, 2011. (consent)
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
motion
appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
Miscellaneous Reports and Items
10 - City Attorney Reports
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10.1 Adopt Resolution 07-33, requiring members of the Clearwater Housing Authority to file
Financial Disclosure statements under Section 112.3144, Florida Statutes.
The Clearwater Housing Authority was established by Resolution 69-5 of the City
pursuant to the Florida Housing Authorities Law, Chapter 421, Florida Statutes. The members
of the Clearwater Housing Authority have been filing financial disclosure as local officers
pursuant to the requirements of § 112.3144, Florida Statutes. The State of Florida Commission
on Ethics has recently determined that members of dependent special districts were not "local
officers" for purposes of financial disclosure pursuant to § 112.3145(1)(a)2, Florida Statutes.
The Clearwater Housing Authority qualifies as a dependent special district pursuant to §
189.403(2)b, Florida Statutes, therefore, pursuant to § 112.3145(1)(a)2.g, Florida Statutes, the
City desires to exercise the local option to require members of the Clearwater Housing Authority
to file financial disclosure pursuant to the requirements of § 112.3144, Florida Statutes.
Councilmember Doran moved to require members of the Clearwater Housing Authority
to file Financial Disclosure statements under Section 112.3144, Florida Statutes. The motion
was duly seconded and carried unanimously.
Resolution 07-33 was presented and read by title only. Councilmember Cretekos moved
to pass and adopt Resolution 07-33 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.
11 - City Manager Verbal Reports
City Clerk Cyndie Goudeau responded to statements made by Ewa Kunowska at the last
Council meeting; candidates have never had five months to collect signatures. While
rescheduling the next election for January 2008 did reduce the election time frame by six
weeks, candidates who picked up cards after Ms. Kunowska were successful in obtaining
sufficient signatures before the deadline.
12 - Council Discussion Items
12.1 Traffic Mini-Circle at Grove and Lake
Traffic Operations Manager Paul Bertels said the traffic mini-circle at Grove and Lake is
an integral part of the Skycrest traffic-calming project, which was approved by a 65% consensus
of the neighborhood.
Five people spoke in support of the traffic-calming project as planned and two people
opposed it.
In response to questions, Mr. Bertels said traffic professionals are split down the middle
regarding the effect of roundabouts on pedestrian and bicycle safety. No pedestrian or bicycle
accidents have occurred at any of the City’s roundabouts. The Skycrest neighborhood project,
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postponed until sufficient funds were available, has been underway for two years and should be
completed in 2008. City Engineer Mike Quillen said City neighborhood traffic-calming projects
were prioritized based on accident numbers.
Discussion ensued. It was stated that the City previously had committed to this project
and it should not be disrupted at this late date.
Councilmember Petersen moved to proceed with the Skycrest traffic-calming project as
designed. The motion was duly seconded and carried unanimously.
13 - Other Council Action
13.1 Marine Aquarium Funding Request
Clearwater Marine Aquarium representatives reviewed recent organizational changes,
marketing and fundraising efforts and national media attention on Winter, the young dolphin with
a prosthetic tale. The aquarium’s goal is to expand the facility, attract visitors to Clearwater, and
encourage youth interest in marine sciences. They estimated upgrades and necessary repairs
will cost $650,000.
In response to a question, the City Attorney said the property would revert to the City if it
ceases to operate as an aquarium. Discussion ensued with comments that the aquarium is an
important research facility that benefits taxpayers and provides tourists with a destination of
interest. Concern was expressed that the City already is struggling to support social services. It
was recommended that the Council delay this decision until after the January 2008 property tax
referendum.
Councilmember Petersen moved for the City to donate $250,000 to the Clearwater
Marine Aquarium. The motion was duly seconded.
Councilmember Cretekos moved to amend the motion to reduce the donation to
$225,000. The motion to amend was duly seconded. Councilmembers Cretekos and Doran
voted “Aye”; Councilmembers Petersen, Gibson, and Mayor Hibbard voted “Nay.” Motion to
amend failed.
Upon the vote being taken on the original motion, Councilmembers Gibson and Petersen
voted “Aye”; Councilmembers Cretekos and Doran and Mayor Hibbard voted “Nay.” Motion
failed.
Councilmember Cretekos moved for the City to donate $200,000 to the Clearwater
Marine Aquarium. The motion failed for lack of a second.
Councilmember Petersen moved to reconsider a City donation of $225,000 to the
Clearwater Marine Aquarium. The motion was duly seconded. Councilmembers Doran,
Petersen, Cretekos, and Gibson voted “Aye”; Mayor Hibbard voted “Nay.” Motion carried.
Councilmember Petersen moved to approve a City donation of $225,000 to the
Clearwater Marine Aquarium. The motion was duly seconded. Councilmembers Doran,
Petersen, Cretekos, and Gibson voted “Aye”; Mayor Hibbard voted “Nay.” Motion carried.
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Memorial Causeway Landscapinq
Parks & Recreation Director Kevin Dunbar reported the Memorial Causeway
landscaping project is funded by a FOOT (Florida Department of Transportation) grant. All
plantings must meet FOOT guidelines.
Christmas Parade
Mr. Dunbar reported this year's parade will be held during the day due to reduced
spectator attendance at previous years' night parades.
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; encouraged residents to visit new downtown streetscaping and Beach Walk
and wished all a Happy Holidays.
Councilmember Cretekos noted that C-View was moving from channel 15 to 615 on
Brighthouse Networks.
Councilmember Petersen welcomed new Assistant City Manager Jill Silverboard.
Mavor Hibbard congratulated Petty Officer Kelly for being named Coastguardsman of
the year and Tony Holloway on his new position; requested that residents be safe during the
holidays and reach out to others.
14 - Adjourn
The meeting adjourned at 9:00 p.m.
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City of Clearwater
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