City Council Meeting Minutes May 21, Draft. City of Clearwater. City Hall 112 S. Osceola Avenue Clearwater, FL

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1 City Hall 112 S. Osceola Avenue Clearwater, FL Meeting Minutes Thursday, May 21, :00 PM Council Chambers City Council Page 1

2 Roll Call Present: 4 - Mayor George N. Cretekos, Vice Mayor Jay E. Polglaze, Councilmember Hoyt Hamilton,and Councilmember Bill Jonson Also Present: William B. Horne II - City Manager, Jill Silverboard Assistant City Manager, Rod Irwin - 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. Unapproved 1. Call to Order Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. It was stated that Councilmember Hock-DiPolito was travelling and unable to attend. 2. Invocation Student Pastor Justin Facenda from Calvary Baptist 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 Service Awards One service award was presented to a city employee. 4.2 Swim Across America Day Proclamation, May 30, Rob Shapiro, Swim Across America event coordinator. 4.3 Clearwater Police Volunteers Presentation Shelly Kuroghlian and Pat McPhillips, Police Volunteers. Ms. Kuroghlian presented a check to the City representing $216,074 in Page 2

3 volunteer hours. 4.4 EMS Week Proclamation, May 17-23, 2015 J. Todd Connors, Assistant Chief of EMS. 4.5 Homeownership Proclamation, June 2015 Terry Malcolm-Smith, Economic Development and Housing. 5. Approval of Minutes 5.1 Approve the minutes of the May 7, 2015 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the May 7, 2015 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Matt McCombs expressed concerns with the lack of parking at the Clearwater Beach Marina during the weekends after 10 a.m. and suggested allowing reserved spaces for Marina tenants. 7. Consent Agenda Approved as submitted. 7.1 Approve a contract (blanket purchase order) for catering services, including the purchase of labor, materials, food and equipment to perform catering services, for various concerts, meetings and special events held throughout the year to Orange Blossom Catering of St. Petersburg, FL, in the annual amount of $65,000 (Invitation to Bid 28-15), with two one-year renewal terms at the City's option, and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Supplemental Work Order to Engineer of Record (EOR) Kisinger Campo and Associates in the amount of $126, for Construction Engineering Inspection (CEI) services of Island Estates Bridge Replacements Project ( EN) and authorize the appropriate officials to execute same. (consent) 7.3 Approve the contract (blanket purchase order) in the annual amount of $475, to General Utilities Pipe Supply for the purchase of Steel Pipe and Fittings for the period June 1, 2015 through May 31, 2016; award a contract (blanket purchase order) in the annual amount of $685, to General Utilities Pipe Supply for the purchase of Polyethylene Pipe and Fittings, for the period June 1, 2015 through May 31, 2016, including two one-year renewal terms for each; and authorize the appropriate officials to execute same. (consent) 7.4 Approve contracts (blanket purchase orders) for palm trimming with Luke Brothers Inc. of Holiday, FL, in the annual amount of $160,000 (Bid and 25-14) and Tree One Page 3

4 of Clearwater, FL, in the annual amount of $57,000 (Bid 23-14) and one-year renewal term at the City's option and authorize the appropriate officials to execute same. (consent) 7.5 Award a construction contract to Dallas 1 Construction and Development, Florida, in the amount of $3,048, for CR 193, Grove Circle and Belcher Area Sanitary Extension Project UT, which is the lowest responsible bid received in accordance with the plans and specifications for this project; approve a Supplemental Work Order to Engineer-of-Record (EOR) King Engineering Associates, Inc., in the amount of $397, for Construction Engineering and Inspection (CEI) Services and authorize the appropriate officials to execute same. (consent) 7.6 Approve a time extension of 166 days to Wharton Smith for the construction of Northeast WRF Screw Lift Station Upgrades ( UT), approve Engineer of Record (EOR) Supplemental 2 Work Order to Jones Edmunds and Associates, Inc. in the amount of $15,000 for additional construction engineering and inspection services (CEI), and authorize the appropriate officials to execute same. (consent) 7.7 Approve two supplemental work orders to Engineer of Record (EOR) McKim and Creed for the Marshall Street WRF Control Room and Northeast WRF Sand Filter Area PLC Upgrades Project ( UT) in the amount of $103,132, and authorize the appropriate officials to execute same. (consent) 7.8 Award a construction contract to S and S Directional Boring and Cable Contractors, Inc., of Seffner, Florida, in the amount of $1,122, for 2014 Resident Initiated Reclaimed Water Distribution Project UT, which is the lowest responsible bid received in accordance with the plans and specifications for this project; approve Supplemental 1 Work Order to Engineer-of-Record (EOR) URS Corporation, in the amount of $28,990.00, to provide Construction Engineering Services (CEI), and authorize the appropriate officials to execute same. (consent) 7.9 Award a contract (Purchase Order) for $145, to Waters International Trucks located in Meridian, MS for the purchase of a 2016 Peterbilt 337 Chassis with Maintainer Body H10034TT for Public Utilities Replacement Vehicle, in accordance with 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City s best interest; and authorize the appropriate officials to execute same. (consent) 7.10 Approve a contract (blanket purchase order) in the amount of $1,465,210, awarding bid to Precision Contracting Services, Inc., for the installation of new, and maintenance of existing, conduit and fiber optic cabling for the period of June 1, 2015 through May 30, 2018, and authorize the appropriate officials to execute same. (consent) Page 4

5 7.11 Approve a contract (standard purchase order) with Extensys Inc., Oldsmar, FL in the amount of $186,508 for the purchase of Dell-Compellent data storage parts and software authorize lease purchase under the City s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City s best interest; and authorize the appropriate officials to execute same. (consent) 7.12 Approve a contract (blanket purchase order) in the amount of $146, to award Request for Proposals (RFP) to Vision Internet, Inc., Santa Monica, CA, for website redesign and hosting services, and authorize the appropriate officials to execute same. (consent) 7.13 Approve increasing the Blanket Purchase Order (BPO123388) to Ruth Eckerd Hall, Inc. (REH) by $500,000, from $419,400 to $919,400, to reimburse REH for concert series entertainment in Coachman Park. (consent) Vice Mayor Polglaze 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. Administrative Public Hearings 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1701 Evans Drive; and pass Ordinances , and on first reading. (ANX ) This voluntary annexation petition involves one parcel of land totaling acres. The parcel is occupied by a single-family dwelling and is located on the northeast corner of Owen Drive and SR 590. The applicant is requesting annexation in order to receive solid waste service and sanitary sewer service from the City. The property is contiguous to existing city boundaries along the north, west, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section E as follows: The property currently receives water service from Pinellas County. Collection of solid waste will be provided to the property by the City. The applicant has paid the sewer impact and assessment fee in full, and has been connected to the sanitary sewer system. The property is located within Police District III and service will be administered through Page 5

6 the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Land Use Map category is consistent with the current Countywide Plan designation of the property. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the property exceeds the District s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries along the north, west and east; therefore, the annexation is consistent with Florida Statutes Chapter Councilmember Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1701 Evans Drive. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Vice Mayor Polglaze moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Page 6

7 Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1220 Aloha Lane, 1273 Union Street, 1276 and 1280 Bertland Way, 1908 Macomber Avenue, and 1297 North Betty Lane; and pass Ordinances , and on first reading. (ANX ) This voluntary annexation petition involves six parcels of land totaling acres. All parcels are occupied by single-family dwellings. The six lots are located south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576) and west of Kings Highway. The applicants are requesting annexation in order to receive solid waste service from the City, and to connect to City sewer as part of the City s Idlewild/The Mall Septic-to-Sewer Project. The properties are contiguous to existing City limits along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning district of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section E as follows: The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. Four of the applicants have paid the required sewer impact fee in full and have been connected to the City sewer system. The other two have paid the sewer impact fee in full and are currently awaiting connection to the City Page 7

8 sewer system. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexation is consistent with Florida Statutes Chapter Vice Mayor Polglaze moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1220 Aloha Lane, 1273 Union Street, 1276 and 1280 Bertland Way, 1908 Macomber Avenue, and 1297 North Betty Page 8

9 Lane. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Vice Mayor Polglaze moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2125 and 2131 Burnice Drive; and pass Ordinances , and on first reading. (ANX ) This voluntary annexation petition involves two parcels of land totaling acres. Both parcels are occupied by single-family dwellings. The two lots are located south of Druid Road, west of Belcher Road, east of South Hercules Avenue and north of Lakeview Road. The applicants are requesting annexation in order to receive solid waste service from the City and will connect to city sewer when it is available in the future, as part of the City s Belcher Area Sanitary Sewer Extension Project Area. The property located at 2131 Burnice Drive is contiguous to existing City limits to the east. The property located at 2125 Burnice Drive is not contiguous to existing city boundaries; however, it is in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed Page 9

10 annexations are consistent with the provisions of Clearwater Community Development Code Section E as follows: The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. One of the two applicants has paid the required impact fee in full. The other applicant is aware of the sewer impact fee that must be paid in order to connect and the financial incentives available. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the District and the properties exceed the District s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The property proposed for annexation located at 2131 Burnice Drive is contiguous to existing City boundaries to the east and is therefore consistent with Florida Statutes Chapter The property proposed for annexation located at 2152 Burnice Drive is not contiguous to City boundaries but is located in a Type A enclave and is therefore consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter Page 10

11 Councilmember Hamilton moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2125 and 2131 Burnice Drive. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Jonson moved to pass Ordinances on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Vice Mayor Polglaze moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 8.4 Approve amendments to the Clearwater Community Development Code regarding numerous provisions, including: adding Environmental Park as permitted use; adding a footnote pertaining to non-residential off-street parking in the LMDR, MDR and T Districts; modifying the flexibility criteria for brewpubs and microbreweries; increasing the maximum height for a fence/wall in front of a principal structure; modifying the off-street loading provisions; adding an exception for the provision of ADA compliant parking; clarifying the awnings with signage may be externally illuminated; modifying the responsibility and means of conveyance for public notice on development applications; clarifying tree removal permit requirements; providing an exception for nonconforming structures used for affordable housing; modifying the fine commencement date for repeat violations; providing for and modifying various definitions; and modifying the Code of Ordinances to clarify the enforcement of civil infractions, and delete a prohibition on gun sales as a home occupation; and pass Ordinance on first reading. (TA ) The proposed amendment contains numerous revisions to the Community Page 11

12 Development Code as well as the Code of Ordinances. The most substantial topic of which is the proposed amendments to the public notice requirements. The proposed ordinance modifies the responsibility of providing notice on development applications from the City to the applicant, as well as modifying some aspects as to how that notice is conveyed. Notice for Level One, Flexible Standard Development applications shall continue to be done by mail only. Notice for Level Two, Flexible Development applications would be provided by mail and by posting a sign on-site (new) with advertisement in the newspaper no longer required. Notice for Level Three applications would also continue to be by publication of notice in the newspaper, by mail, and by posting a sign on-site as such requirements are governed by Florida Statutes. It is noted that notice for annexation and historic designation applications would continue to be provided by the City. Additional analysis and justification of this proposed amendment can be found in the CDB staff report. In addition to the above, staff is also proposing the following: Clarifying that the enforcement of civil infractions shall apply not only to those ordinances contained within the Code of Ordinances, but also the Community Development Code; Deleting a prohibition on gun sales as a home occupation; Adding Environmental Park as a permissible use in the Preservation (P) District; Adding a footnote to the Flexible Development tables in the LMDR and MDR Districts and the Flexible Standard Development table in the T District regarding non-residential off-street parking; Modifying the flexibility criteria for brewpubs and microbreweries in all districts where they are permissible; Increasing the maximum allowable height for a fence or wall located in front of a principal structure from three feet to four feet; Modifying the off-street loading requirements to replace the generic term of industrial with uses that are specific to those set forth in the Code; Adding an exception for the provision of ADA compliant parking; Clarifies that awnings with signage shall not be prohibited from being externally illuminated; Clarifies a requirement of the tree removal permit for multi-family and non-residential properties with regard to the preparation of a tree inventory; Provides for an exemption for nonconforming structures used for affordable housing; Modifies the fine commencement date for repeat violations from being the date the notice was issued to being the date the repeat violation was found to have occurred; and, Defining or modifying the existing definition of the following terms: dwelling unit; environmental park; medical clinic; and protected tree. The Planning and Development Department has determined that the proposed text amendment to the Code of Ordinances and the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of April 21, 2015, and unanimously Page 12

13 recommended approval of the amendment subject to the removal of those sections of the ordinance dealing with the provision of public notice. In response to questions, Planning Manager Robert Tefft said, in regards to the proposed language addressing non-conformity, the non-conformity could be enlarged at different aspects of the structures. For example, a triplex may be non-conforming with regards to the setbacks on the opposite side of the building, but the side where the expansion is proposed does not have a non-conforming issue. The intent of the language is to reduce the number of non-conforming features of the structure or site. In order to receive the exemption the applicant must propose to reduce the level of non-conformity of the property. Mr. Tefft said if the applicant exceeds 25% of the replacement cost of the structure, city code requires that the property meet full landscaping compliance and parking requirements, which are addressed by another section of the city code. Councilmember Jonson moved to approve amendments to the Clearwater Community Development Code regarding numerous provisions, including: adding Environmental Park as permitted use; adding a footnote pertaining to non-residential off-street parking in the LMDR, MDR and T Districts; modifying the flexibility criteria for brewpubs and microbreweries; increasing the maximum height for a fence/wall in front of a principal structure; modifying the off-street loading provisions; adding an exception for the provision of ADA compliant parking; clarifying the awnings with signage may be externally illuminated; modifying the responsibility and means of conveyance for public notice on development applications; clarifying tree removal permit requirements; providing an exception for nonconforming structures used for affordable housing; modifying the fine commencement date for repeat violations; providing for and modifying various definitions; and modifying the Code of Ordinances to clarify the enforcement of civil infractions, and delete a prohibition on gun sales as a home occupation. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Vice Mayor Polglaze moved to pass Ordinance on first reading. The motion was duly seconded. Vice Mayor Polglaze moved to amend Ordinance as follows: 1) On page 1, amend the title of the ordinance to remove the following language: AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE NOTICE RESPONSIBILITY, DISTANCE AND CONTENT FOR LEVEL ONE APPLICATIONS; AMENDING ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE RESPONSIBILITY AND PROCEDURES FOR LEVEL TWO AND THREE APPLICATIONS; Page 13

14 2) On page 12 through 14, delete Section 17 and Section 18, and renumber all subsequent sections accordingly. The motion was duly seconded and carried unanimously. Upon the roll call vote being taken on Ordinance , as amended, the vote was: 9. Second Readings - Public Hearing 9.1 Adopt Ordinance on second reading, vacating that certain portion of the five foot Public Utility Easement located on the Westerly rear lot line of Lot 7, Block 70, and described in the plat titled Mandalay Sub as recorded in Plat Book 14, Page 35, of the public records of Pinellas County, Florida. Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 10. City Manager Reports 10.1 Approve the Supplemental Joint Participation Agreement (JPA) Number 1 between the and the State of Florida Department of Transportation (FDOT) amending contract ARB48 to increase the total cost of the project to $625,000.00, increasing FDOT participation by $100,000.00, authorize the appropriate officials to execute same, and adopt Resolution On February 19, 2015, City Council awarded a contract for new airplane T-Hangars at Clearwater Airpark to Cathey Construction and Development of Mexico Beach, Florida for the sum of $586,752.97, which is the lowest responsible bid received in accordance with the plans and specifications. Due to the bid being higher than anticipated, City Council approved the allocation of additional Penny for Pinellas funds in the amount of $25, as a 20% City of Clearwater match. FDOT Supplemental JPA Number 1 increases FDOT participation by $100, to a new total project cost of $625,000. Page 14

15 APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project , Rehabilitation of Hangar D Councilmember Jonson moved to approve the Supplemental Joint Participation Agreement (JPA) Number 1 between the City of Clearwater and the State of Florida Department of Transportation (FDOT) amending contract ARB48 to increase the total cost of the project to $625,000.00, increasing FDOT participation by $100,000.00, authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution was presented and read by title only. Vice Mayor Polglaze moved to adopt Resolution The motion was duly seconded and upon roll call, the vote was: 10.2 Approve a 90 day contract extension with REDFLEX to allow staff to negotiate a renewal of contract. Since July of 2012, the Clearwater Police Department has operated a Traffic Safety Improvement Program that has utilized red-light-camera technology to improve traffic safety. The current contractual relationship with REDFLEX Traffic Systems, Inc., the technology provider for the s Traffic Safety Improvement Program, is scheduled to automatically renew for a two-year term on July 31, Should Council desire, the may exercise the right to not renew the current agreement, but would currently need to direct City Staff to provide written notice to REDFLEX of such by June 15, Use of this technology has not been without controversy and resulted in complex defenses related to the use of the red light camera method of enforcement. The has maintained a program that represents the highest ethical approach to using red light camera enforcement. This has been achieved by creating a cost neutral relationship with the vendor, where the vendor is not incentivized by the number of citations generated, but rather is paid a flat rate for the use of the technology to operate the Red Light Camera Program. Additionally, the has chosen not to use this program to address right turn on red violations, as the crash data does not support this being a focus of the program and the issue is more controversial. On October 15, 2014, the Florida Fourth District Court of Appeal in City of Hollywood v. Arem, held that the City of Hollywood s red-light-camera program Page 15

16 violated Florida law because the City of Hollywood had delegated to American Traffic Solutions (ATS) too much discretion under the program. For example, according to the Fourth District Court of Appeal, ATS made the decision whether a violation occurred. After ATS determined that a violation occurred, ATS would then forward the Notice of Violation (NOV) to the City of Hollywood s traffic infraction officer, who would approve the issuance of the NOV. If it became necessary for a Uniform Traffic Citation (UTC) to be issued for the registered owner to appear in traffic court, ATS would then send the UTC to the violator and transmit the UTC to the clerk of the court -- all without any further involvement by the City of Hollywood s traffic infraction hearing officer. On December 18, 2014, the Clearwater City Council approved amendments to the s red-light-camera contract with REDFLEX. The amendments clarified that the decision whether a NOV was issued was solely that of the Clearwater traffic infraction enforcement officer and that any review by REDFLEX s personnel of the camera activations was solely to screen the data in compliance with business rules agreed to by both parties. For example, REDFLEX would filter out data containing obscured vehicular tags or vehicles making right turns on red. Moreover, the Clearwater traffic infraction enforcement officer would issue the NTA and transmit the NTA to the clerk of the court. During this above-stated time period, the attorney representing the City of Hollywood had filed a Motion For Rehearing before the entire panel of justices of the Florida Supreme Court. Moreover, the attorney representing the City of Hollywood intended to seek review before the Florida Supreme Court if the Motion For Rehearing was denied. Finally, in the next legislative session, it was possible that the Florida legislature would address legislatively the issues raised in the Arem decision. However, the Motion For Rehearing was denied, no bills concerning red-light-camera violations were passed, and the Florida Supreme Court denied review of the Arem decision on April 13, City legal now suggests two alternatives for Council s consideration: (1) do not review the contract with REDFLEX, or (2) approve a contract whereby the City of Clearwater s traffic infraction hearing officer reviews all of the red-light-camera activations that are currently being reviewed by REDFLEX s personnel in order to eliminate any attack based on the issues raised in the Arem decision. If the City Council chooses the second alternative, REDFLEX is agreeable to extending the existing contract for 90 days so that Chief Slaughter can allocate the resources necessary to have his staff now review all of the activations and so that the Clearwater Police Department and REDFLEX can transition the program to accommodate the second alternative. Police Chief Daniel Slaughter provided a PowerPoint presentation. Page 16

17 In response to questions, Police Chief Slaughter said the duration of the amber light was adjusted as directed by the Florida Legislature ; staff worked with the Florida Department of Transportation before implementing the adjustment. The red light camera program is the most efficient way to enforce red light violations. Having officers enforce these violations, on a 24-hour cycle/7 days a week, would result in excessive labor costs. Chief Slaughter said risk factors must also be considered; for example, having officers go through an intersection with their sirens when an infraction has been witnessed without causing an accident. When conducting red light violation enforcement, the Department has one officer monitor the intersection and another officer in a vehicle prepared to mitigate the concern. The annual cost for an officer and a vehicle is approximately $70,000 to $80,000, including benefits. If a violator receives a notice of violation from a red light camera program and satisfies the notice of violation, no points will be issued to the vehicle owner and the insurance company cannot increase their rate. The Gulf to Bay Boulevard and Belcher intersection has changed dramatically in the last three years; new retail establishments and traffic configurations. Assistant City Attorney Rob Surette said contract changes that were approved by Council in December shifted review of all citations to the Clearwater Police Department. Previously, Redflex initially reviewed citations, eliminating right turn on red or plates with obstructed license plates among other contractually agreed upon rejection criteria. He said the only way to avoid a lawsuit was for the Police Department to review all citations. He said the City is responsible for all Uniform Traffic Citation notifications. Chief Slaughter said this is still an acceptable work load for the Department. One individual spoke in opposition. Discussion ensued with concerns expressed that the program does not provide for reduced violations, that other municipalities have terminated their program, and that the City may not be able to protect itself from liability. Councilmember Hamilton moved to approve a 90-day contract extension with REDFLEX to allow staff to negotiate a renewal of contract. The motion was duly seconded. Vice Mayor Polglaze and Councilmembers Hamilton and Jonson voted "Aye"; Mayor Cretekos voted "Nay." Motion carried. 11. City Attorney Reports None. 12. Other Council Action 12.1 Special Parking Permits - Mayor Cretekos Mayor Cretekos said he received a letter earlier in the week regarding the use Page 17

18 of unimproved lots for parking during the upcoming summer holiday weekends (i.e., Memorial Day, Fourth of July, and Labor Day). The City Manager has the authority to allow the use but he requested that Council consider issuing special permits to individuals who own unimproved lots on Clearwater Beach for parking during the holiday weekends. Permits are issued during Spring Break. Mayor Cretekos said he supported extending the permits for the upcoming holiday weekends because the Patel lot and the Adam s Mark site are no longer available for public parking during this holiday season. He said the Pelican Walk project, which would have provided additional parking for employees and residents, has not been constructed yet. In response to questions, the City Attorney said the proposal before Council is limited to Clearwater Beach; it does not include the Downtown. Planning and Development Director Michael Delk said city code states all unenclosed parking lot spaces, vehicular access-ways and driveways shall be approved with a permanent all-weather paving material, which is graded to drain stormwater. Daily commercial parking lots within city limits must be paved. Mr. Delk said there is a provision that allows the City Manager or the Community Development Coordinator to permit on-grass or other permeable surface parking for public purpose needs. During the construction of Beach Walk, it was determined that there was a compelling public service need to provide public parking, allowing parking on unimproved lots temporarily. As the Hyatt and other development projects on the beach have been completed, parking on the unimproved lots have been eliminated. Mr. Delk said the parking on the unimproved lots is permitted for six weeks in the Spring or for a public-private partnership or special event. Discussion ensued with support expressed to allow special parking permits during the Memorial Day, Fourth of July, and Labor Day weekends this year at the beach. Councilmember Jonson moved to extend the unimproved special permits for Memorial Day, Fourth of July, and Labor Day weekends in The motion was duly seconded and carried unanimously. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson reported the opening for the Courtney Campbell Causeway trail is June 22, not the June 19 as previously reported. He thanked all for their military service in advance of Memorial Day. Vice Mayor Polglaze reported the Tampa Bay Estuary Program achieved and surpassed s sea grass levels and Tampa Bay is now a model for other communities. Page 18

19 Councilmember Hamilton reported the Tampa Bay Regional Planning Council will be holding an event on May 28-29, focused on energy needs of the region as well as ways to address future needs and consumption 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 15. Adjourn The meeting adjourned at 7:54 p.m. Mayor Attest City Clerk Page 19