09/05/2006
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
September 5, 2006
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
Hoyt P. Hamilton Councilmember
William C. Jonson Councilmember
John Doran Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order at 3:00 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Presentations
City Mentoring Program - Dr. Sara A. Lind, Deputy Mayor of St. Petersburg
City of St. Petersburg Deputy Mayor Dr. Sara A. Lind reviewed her city’s mentoring
program and other Mayor commitments, including the school system, Doorways Scholarship
Program, etc. Initiatives include the Mayor’s Top Apple Awards, Mayor’s Mentors and More
program, A-Plus Housing Initiatives, and PASS (Partnership to Advance School Success)
Program. The city partners with businesses to match dollars for many programs. Staff teams
small and medium companies with nonprofit organizations according to need. With the
corporate community stepping up to the plate, the city has not approached faith-based
organizations. In response to a remark that the City of St. Petersburg includes school statistics
on its website, Dr. Lind said the site also provides other pertinent school information. She said
St. Petersburg tries to engage everyone in the city to help each other.
Office of Management and Budget
Approve an increase of $15,000, from the current exemption of $10,000 to the maximum
allowance of $25,000, to the Additional Homestead Exemption for certain qualifying low income
senior citizens and pass Ordinance 7686-06 on first reading.
In September 2005, the City Council adopted Ordinance 7499-05, which granted a
$10,000 homestead exemption to certain qualifying low-income senior citizens beginning in tax
year 2006. Staff recommends adopting Ordinance 7686-06, Increased Homestead Exemption
for Persons 65 and Older, to increase the additional exemption from $10,000 to the $25,000
maximum allowed by state law for tax year 2007 and subsequent years. The Florida
Constitution grants many residents an exemption of $25,000 from their property's assessed
value when tax levies are determined. A 1998 constitutional provision allows municipalities to
grant an additional limited homestead exemption to senior citizens that meet certain income
criteria. To be eligible, the person requesting the exemption must be 65 years of age, have
Council Work Session 2006-09-05 1
household income below the set threshold ($20,000 in 2000, adjusted annually), and the
property must qualify for the original homestead exemption
Tina Wilson said the impact of this exemption to the General Fund is minimal.
Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2006/07
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. Recommended
changes would cancel the $400,000 Parks & Recreation infrastructure facility, and add
$400,000 to upgraded the National Guard Armory and $100,000 for the Parks & Recreation
maintenance building.
Budget Director Tina Wilson said there are no plans for later years. Parks & Recreation
Director Kevin Dunbar said the Parks & Recreation maintenance building will be located at the
nursery off Saturn Avenue. The National Guard Armory, which will house the department’s
events and electrical team, will upgraded to meet Code.
Fire Department
Accept FY 2005/2006 Fireman's Fund Heritage Grant in the amount of $15,000 from the
Fireman's Fund Insurance Company, approve Grant Compliance Agreement and authorize the
appropriate officials to execute same. (Consent)
Clearwater Fire & Rescue has been notified that it has been awarded a grant in the
amount of $15,000 by the Fireman’s Fund Insurance Company as part of the Fireman’s Fund
Heritage program. Through this program, Fireman’s Fund and its network of independent
agents provide grants to local fire departments. The request for this grant was made by the
local agent for Acordia Insurance Company. There is no requirement for matching funds. The
Department will use the grant to equip emergency response vehicles with the “DriveCam Driver
Risk Management Program.” This program includes installation of palm-sized exception-based
video event recorders on the windshield behind the rearview mirror. These recorders capture
sights and sounds inside and outside the vehicle and provide a 20-second recording of a
triggering event such as: hard braking, swerving, and collisions. The recording is reviewed,
analyzed, and scored. Drivers then are coached to improve driving skills.
Fire Chief Jamie Geer said staff feels this is the best use of the funds. The equipment
will help prevent accidents and reduce risks. There was no stipulation to maintain an ongoing
relationship with the insurance company.
Two-year progress review
Chief Geer reviewed Fire Department activities over the past two years. Issues related
to the 2002 Dolphin Cove incident and deficiencies in internal controls have been identified,
priorities established, and improvements made. Experienced command personnel were hired
for stability and to quickly address department needs. Training initiatives improved personnel
needs. Department divisions were reorganized to provide appropriate administrative support.
Council Work Session 2006-09-05 2
Chief Geer said portable repeaters are carried in vehicles if needed. New, experienced
personnel are welcomed as long as they add value. The leadership program has been in place
for two years. New techniques are reinforced and practiced. The use of truck companies has
been changed. Major events are critiqued. Staff considers creative ways to share information
with the entire department and management makes a concerted effort to discuss labor issues.
While an inspection program is in place, staff will re-evaluate the schedule by making a sweep
of structures. The number of inspections has increased with increased productivity.
Fire Marshall Division Chief of Fire Prevention Services Steve Strong said some
procedures have been reorganized and the number of inspections increased. Twenty-four of 98
grids have been inspected. The 24-month plan will inspect all grids. Firefighters perform
preplanned inspections of high hazard structures. The goal is to train all company officers to
perform inspections. Fire Chief Geer said National Fire Academy classes are reasonably
priced. FEMA (Federal Emergency Management Agency) reimburses the City for travel
expenses. City costs cover meals and personnel. Grants generally are used for equipment, not
classes. It was recommended that the department promote from within and motivate
employees to achieve higher goals. Fire Chief Geer said he has capitalized on available talent
and also encouraged external candidates to share their expertise. The department focuses on
minority recruitment and developing internal candidates for leadership roles. Employee
development is a priority.
He said there are no common benchmarks available for costs per firefighter, etc. The
goal of two paramedics on every rescue unit is not always possible. Paramedic training takes a
year to complete. The previous system contributed to burnout as it allowed paramedics to
select positions based on seniority. The new system is based on need. National Stand Down
Day will be spent reinforcing safety techniques and programs.
The City Manager said organizations can become insulated unless outside personnel
are added. While three Assistant Chiefs have been promoted from within, the City will not limit
itself to filling positions only from current staff. Training is a Council priority.
Parks and Recreation
Approve including a new Capital Improvement Project in the Capital Improvement Program
entitled “Countryside Community Park Concession and Restroom Building” in the amount of
$450,000 with funding coming from grants and donations. (Consent)
For some time, City staff and the Countryside Little League Association have discussed
the possibilities of partnering to construct a new concession/storage/restroom facility that would
be more centrally located at the Countryside Community Park, within the Athletic Field Complex.
The current concession building that services the league is in a less than desirable location,
over 20 years old and in need of major renovations, does not have restrooms, and is too small
to meet current needs of the organization. The restroom is inconveniently located on the
southeastern portion of the park. The Countryside Little League fully supports this project and
believes they can raise funds to support partial construction of the facility. Staff believes this
project is an excellent candidate for a FRDAP (Florida Recreation Development Assistance
Program) grant, a Pinellas County Recreation Enhancement Grant, and a Clearwater for Youth
grant. Coupled with donations from the Countryside Little League, the building could become a
reality.
Council Work Session 2006-09-05 3
The City hired Fowler and Associates for preliminary design work and cost estimates.
The project will consist of a two-story building to be constructed in two phases with the first
phase consisting of the first floor including restrooms, storage and concession area. The
second phase will be a second floor for a conference/training room and press box. Total
estimated cost of Phase I of the project is $450,000, which includes a 6% contingency. For the
City to be successful in the grant competition, it is necessary to include the project in the City
Capital Improvement Program. Therefore, staff recommends establishing project and including
it in the Program. This project will not go forward unless the City is successful at obtaining the
grants and donations.
With Council approval, Ordinance 7675-06, adopting the Capital Improvement Program
Budget for Fiscal Year 2006-07, will be amended at second reading on September 21, 2006, to
include this $450,000 project for the Countryside Community Park Concession and Restroom,
and this project will be detailed in the final adopted 2006-07 budget document.
Mr. Dunbar said while the concession and office space by Field One will be removed,
the restroom will remain. The grant must be submitted by September 15, 2006. An elevator will
comply with ADA (Americans with Disabilities Act) requirements. Elevators are costly project
components. Only the schematic design has been completed. Staff wants to ensure that the
City is pursuing sufficient funds. As 34% of facility users live outside City limits, the County will
provide some funding.
Police
Approve renewal of a lease agreement between the YWCA of Tampa Bay, Inc. and the City of
Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period of
three years commencing on November 1, 2006, and terminating on October 31, 2009, at a
rental of $1 per year and authorize the appropriate officials to execute same. (Consent)
Councilmember Petersen declared a conflict of interest.
On November 1, 2001, the City Commission (now known as the City Council) approved
a lease agreement between the YWCA of Tampa Bay and the City for premises at 612 Franklin
Street in Clearwater for a period of five years commencing on November 1, 2001 and
terminating on October 31, 2006, at a rental of $1 per year. The premises have been utilized to
create and operate a central “one-stop” facility that houses relevant services needed by
Clearwater’s Hispanic community. ·The Hispanic Outreach Center (HOC) and attendant
community programs resulted from a successful partnership between the YWCA and
Clearwater Police Department. The partnership has received much public acclaim and
numerous awards. ·The YWCA and the Police Department wish to continue the partnership and
renew the lease for premises housing the HOC for an additional three years so the Hispanic
community can continue to receive much-needed services.
Primary services/programs offered at the HOC includes office space for the Police
Department Hispanic Outreach Officer. This police officer serves as the department’s primary
liaison with the Hispanic community and is responsible for organizing and implementing the
department’s Hispanic Outreach Program. The Lessee provides interpreter and victim
advocacy services. The program currently is funded by Justice Assistance Grant funds. The
Lessee will be responsible for continued funding of this program for the three-year period of its
agreement with the Lessor. ·Other advocacy or intervention services respond to the needs of
the Hispanic community and may include health matters, legal issues, and other concerns
Council Work Session 2006-09-05 4
identified by the Hispanic community, the YWCA, or Police Department. ·The Lessee will
coordinate the provision of English For Speakers of Other Languages (ESOL) classes at the
Hispanic Outreach Center. The Lessee also may make available Spanish language classes to
provide Lessor employees the opportunity to learn Spanish. ·Health outreach and nutrition
education services will be in the multi-purpose training room to be jointly used by the Lessee
and Lessor. ·The Lessee will administer Youth Programs targeted toward at-risk youth from
Hispanic and other ethnic or language groups. These programs will focus on risk reduction and
the development of skills needed in adulthood. ·The YWCA will be responsible for all
maintenance of the inside of the premises and for all utility costs. The City will be responsible
for all maintenance of the exterior of the premises, including the building and grounds. Either
party may terminate the agreement with thirty days written notice if any single item of
maintenance or repair exceeds $10,000.
The City Attorney said the agreement’s 30-day cancellation notice requires a default.
Consensus was to discuss this item on Thursday.
Solid Waste/General Support Services
Award a Contract (Purchase Order) to Southern Equipment & Machinery of Palmetto, FL for the
purchase of one 2006 John Deere 7220 Tractor with Alamo Boom Mower at a cost of $99,950,
authorize lease purchase under City's master lease purchase agreement, declare G1889, 1998
New Holland Tractor with Slope Mower, as surplus to the needs of the City for trade-in and
authorize the appropriate officials to execute same.
The G1889 has severe transmission problems. Estimated repair costs are between
$10,000 to $15,000. The G1889 is included in the Garage CIP Replacement List for Budget
Year 2006/07
Discussion ensued regarding equipment, repair costs, and outsourcing. Concern was
expressed that eight years is too short of a life for this type of equipment. General Services
Assistant Director Rick Carnley said this unit was scheduled for replacement next year. Staff
does not plan on using a G1889 in the future. The slope mower is the first part to wear out and
replacement costs approximate $50,000. The equipment has excessive damage and needs
replacement. John Deere equipment will last longer and is easier to maintain. Equipment life
depends on use.
Public Services
Approve amending the Code of Ordinances to establish the Construction Project Delivery
Method referred to as “Design-Build” and the procedure to be followed in selecting firms to
provide Design Build Services and Negotiating Design-Build Contracts; amending Section 2.541
to add design-build definitions and creating a new Section 2.601 to outline procedures for
awarding design-build contracts and pass Ordinance 7654-06 on first reading.
Public Works Administration has investigated alternative construction delivery methods
to establish flexibility in the delivery of construction projects. Staff desires the ability to better
control costs especially during this time of uncertainty in the construction market, specifically,
but not limited to, long term and high dollar projects. To accomplish this, use of an alternative
delivery method referred to as “design-build,” which is a construction project delivery method or
approach involving a single contract for both the design and construction of a project, is
Council Work Session 2006-09-05 5
requested. The design-build construction project delivery method and procedures for awarding
such a contract are authorized per Florida Statute Section 287.055 and Florida Administrative
Code 60D-13.001 – 13.009. Upon approval of Council, the award of a single design-build
contract may, in addition to the design and construction of the project, include the financing,
operation and/or maintenance of the project over the contractually defined period of time.
Request for proposals are solicited from design/builders, usually teams of contractors and
designers, during the conceptual design phase. This ordinance will allow the City to use the
Design-Build delivery method for future projects.
Public Services Director Gary Johnson said the design-build method saves money.
Advantages include a faster start, dealing with a single firm, and a quicker design. A well-
defined scope of work is identified prior to the start of work. Council approval of a construction
manager is required.
Engineering
Approve a supplemental Work Order with Parsons Engineering Science, Inc. for construction
engineering and inspection services associated with the Biosolids Treatment Implementation
project in the amount of $55,000.00, for a new purchase order total of $532,552.00, and the
appropriate officials be authorized to execute same. (Consent)
This Biosolids Treatment Implementation project provides for the refurbishment of one
pre-cleaned digester, construction of supporting improvements, and provision and installation of
associated new and replacement equipment and piping, at each of the Marshall Street and
Northeast Advanced Wastewater Treatment Plants (AWTPs), following completion of the
Digester Cleaning phase of the project.
On December 2, 2004, the Council approved the base purchase order to Parsons in the
amount of $477,552 to perform construction engineering and inspection services overseeing the
construction activities associated with refurbishment of the digesters at the Marshall Street and
Northeast Advanced Pollution Control Facilities (APCFs). As construction activities were
completed, and the digesters were tested for service, it became evident that additional repairs
would be necessary to the digester covers. It was not feasible to determine the extent of these
deficiencies prior to construction and the additional repairs require a time extension of
approximately 120 days. The supplemental work order extends the amount of time that
Parsons will continue to inspect and perform field-engineering services by the additional 120
days.
Assistant City Manager Garry Brumback said staff spends a great deal of time analyzing
options. The City Manager said staff provides feedback to contractors if the City feels they are
not doing their job.
Subordinate City right, title and interest in 33,526 square feet, more or less, of easements
recorded in O. R. Book 2940, Page 48, O. R. Book 3146, Page 298 and O. R. Book 12596,
Page 1358, Pinellas County public records (City Easements), to those Power Easements
conveyed to Florida Power Corporation, d/b/a Progress Energy Florida, Inc., by New Zion
Missionary Baptist Church dated October 20, 2005, containing 6,567 square-feet, more or less,
and by Pathways Community Church, Inc. dated April 11, 2005, (acknowledged April 11, 2006)
containing 33,397 square-feet, more or less (Power Easements) as same may overlap and
encroach upon City Easements, subject to reservations and provisions defined in the Easement
Subordination instrument, and authorize appropriate officials to execute same.
Council Work Session 2006-09-05 6
The developer of CLEARWATER VILLAGE - PHASE ONE approached neighboring
property owners, including the City, to convey easements to Progress Energy (PE) that will
allow rerouting the existing electrical transmission line that traverses the length of Freedom
Drive, the subdivision's only roadway. Council has acted earlier in this meeting to convey a
5,790 square-foot easement to PE over and across a portion of Lot 19, E. A. MARSHALL
SUBDIVISION, and former adjacent State Street right-of-way, for the purpose of installing and
maintaining overhead electrical transmission and distribution lines and related facilities (New
Easement). The New Easement facilitates relocating and extending the subject electric lines
into the referenced Power Easements conveyed to PE by New Zion Missionary Baptist Church
and Pathways Community Church, Inc.
City Easements already overlap and encumber major portions of the Power Easements.
City Easements are essential to constructing and maintaining the City's Spring Branch flood
control project (Spring Branch) anticipated to commence in 2007. The City currently is seeking
cooperative funding from Southwest Florida Water Management District to fund 50% of project
construction costs. While the subject action subordinates City Easements to Progress Energy's
authority vested by the Power Easements, the City explicitly reserves all rights and interests in
the City Easements sufficient to construct and maintain Spring Branch, or modify the project so
long as changes do not unreasonably interfere with Progress Energy rights. City staff has
determined that the rights being subordinated for the subject relocation will not inhibit the
construction or maintenance of the Spring Branch project, as provided for in DEP Agreement
WAP050.
Engineering Manager Elliot Shoberg said there is no cost to the City for this action. This
major transmission line and will not be buried. The City Attorney said she is comfortable with
contract language.
Approve a work order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record,
for Management Services which includes; Planting Contract Management, Water Quality
Monitoring, and Educational Signage for the Kapok Wetland and Floodplain Restoration Project,
in the amount of $115,842,and the appropriate officials be authorized to execute same.
(Consent)
The Kapok Wetland and Floodplain Restoration project is now in the Operation phase
and several permitted requirements still need to be satisfied. ·The Southwest Florida Water
Management District Environmental Resource Permit 44026516 requires that mitigation areas
be maintained and monitored for five years until released by the District. ·Florida Department of
Environmental Protection (FDEP) Agreement G0087A requires a detailed performance
evaluation of the project’s effectiveness through the initiation of a Water Quality Monitoring
program. As approved by the Council on September 2, 2004 (item 11.11), this agreement
provides for $50,000 of FDEP funding for water quality monitoring. ·The funding agreement from
Florida Communities Trust (Project 01-015-FF1) requires placement of educational signage. ·
Parsons Engineering was responsible for the design, permitting and construction of the
Kapok Wetland and Floodplain Restoration Project. This work order will allow Parsons
Engineering to provide a seamless transition from the construction phase to the operations and
maintenance phase over the next 22 months (August 2006 through June 2008). ·
Public Works Environmental Manager Howard McChesney said after the contract
expires, staff will handle any remaining items.
Council Work Session 2006-09-05 7
Extend the existing contract with Standard Parking Corp., Tampa, FL for parking services at the
Pier 60, South Gulfview and Courtney Campbell beach parking lots for a period of 2 additional
years beginning October 1, 2006 through September 30, 2008 at a cost of $975,000 under the
same terms and conditions per the original Request for Proposal 33-03 and authorize the
appropriate officials to execute same.
Attendant parking began in 1990 at the beach lots and at the Courtney Campbell lot in
2005. The current three-year contract with Standard Parking Corp. began October 1, 2003.
Due to the many operational changes associated with the Beach Walk project as well as the
project timeline, it is impractical to re-bid the contract at this time. As Beach Walk progresses
and parking in the South Gulfiew lots is eliminated, pro-rated adjustments to the contract will
occur based on these changes. Current annualized revenue per parking space for south beach
is approximately $2,991. Total annual revenue for all locations is approximately $2.1 Million
(net of taxes). Projected costs for FY (Fiscal Year) 2007 are $460,100.
Parking Facilities Manager Tracey Bruch said this is a not-to-exceed number. She
reviewed hours of operation for each location. The initial reason for later hours on South
Gulfview was due to usage by the Adam’s Mark Hotel. Other area businesses now use the
parking. Staff will evaluate metered parking at Pier 60 and the south lot once Beach Walk is
complete. Metering requires ticketing and staffing and results in complaints. She said this
contract provides the maximum amount of flexibility for parking as the construction schedule
changes. Staff does not want to install and later remove meters during construction.
Official Records and Legislative Services
Appoint one member to the Library Board with the term expiring on August 31, 2010.
City Clerk Cyndie Goudeau said another applicant is expected to apply.
Legal
Approve a Settlement Agreement regarding Stowell v. City of Clearwater, Circuit Court Case 06-
3489-CI-7.
Allen J. Stowell and Stowell Properties, LLC filed suit in 2006 against the City of
Clearwater regarding a billboard on the property located at 2815 Gulf-to-Bay Boulevard. The
billboard previously had been the subject of Municipal Code Enforcement Board proceedings
and appeal and an administrative proceeding regarding a Florida Department of Transportation
permit.
This settlement proposal in the Circuit Court case would achieve the City's goal of
achieving compliance with its sign code with respect to the billboard. Under the agreement, the
billboard would be removed seven years following execution of the agreement, Municipal Code
Enforcement Board proceedings would be dismissed by the City with corresponding dismissal of
the code enforcement appeal and the instant case by Stowell. In the event development of the
site occurs, the billboard will be removed prior to issuance of certificate of occupancy. Any right
to reconstruction during the seven-year period is limited to a steel monopole at the present
height and size. There is no right to relocate on the property. If the property owner fails to
timely remove the billboard, no notice of default or right to cure exists and the City is entitled to
Council Work Session 2006-09-05 8
a penalty sum of $1,000 per day as well as the right to enter on the property to remove same
and is entitled to recover the costs of removal.
The City Attorney said Mr. Stowell has a limited time to sign the agreement. Concern
was expressed that Mr. Stowell is receiving twice as much time as National did to remove
billboards. It was remarked that National had received billboard revenue for a number of years.
Council Discussion Items
Review of Council policy on sharing of e-mails - Jonson
Discussion ensued regarding the Council’s e-mail policy. Currently, e-mails related to
City business are forwarded to the Executive Assistant to the Council for distribution to all
Councilmembers. E-mail replies also are sent to her.
Consensus was to review the policy, as it was felt that Thank-You notes, etc. may not
need to be copied to all Councilmembers.
October 16 Work Session – Hibbard
The Mayor requested rescheduling the October 16, 2006 Work Session to October 17,
2006.
Consensus was to reschedule the second Work Session in October to October 17, 2006,
at 8:30 a.m..
Adjourn
The meeting adjourned at 5:51 p.m.
Council Work Session 2006-09-05 9