03/01/2010
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
March 1, 2010
Present: Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
The meeting was called to order at 9:00 a.m. at City Hall.
1. Financial Services
1.1 Declare the list of furniture, fixtures and equipment from the Harborview Center
surplus to the needs of the City, authorize disposal through in-house auction by
Tampa Machinery Auction, Tampa, Florida, establish an expenditure budget in the
amount of $5,000 for presale advertising and other expenses related to the sale
and authorize the appropriate officials to execute same. (consent)
Harborview Center has now closed following its final event. The furniture, fixtures,
and equipment must be disposed of prior to demolition of the building.
City departments will first select any furniture, fixtures and equipment that can be
efficiently used within the City and for which they have a valid requirement.
Remaining items must be rearranged to allow for an efficient sale to proceed. The
City will provide Tampa Machinery Auction (TMA) with temporary labor to assist in
this effort at a cost not to exceed $3,000.
Advertising will be accomplished by the Tampa Machinery Auction on the internet,
local newspapers, local radio spot announcements and direct mailing to hotels
and convention centers in the Southeast.
Tampa Machinery Auction (TMA) is the Pinellas County Purchasing Cooperative
Auctioneer of Record. TMA experience includes providing auction services for the
City of Saint Petersburg’s Bayfront Center. Saint Petersburg Purchasing
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Department provided a positive recommendation for the services of TMA.
Tampa Machinery Auction has requested the City provide up to a maximum of
$2,000 for advertising. TMA also makes extensive use of internet advertising that
will be at no cost to the City. TMA commission will be 10% of sales plus the
proceeds from a 3% buyer’s premium.
Funding for the sale expenses will be provided from sale proceeds received;
however a budget will need to be established ahead of the sale. Sale proceeds
will cover the costs of the sale plus provide additional revenue to the City.
A quarterly budget amendment will provide an expenditure budget of $5,000 offset
by a revenue budget for sales proceeds.
All furniture and fixtures remaining after the sale will be donated to charities as
approved by the City Manager, forwarded to Solid Waste for recycling or
demolished with the building.
In response to questions, Purchasing Manager George McKibben said the auction will
be held at the Harborview Center and open to the public. The auction will be advertised
on the St. Pete Times and on the internet and radio. The auctioneer will divide items in
large quantities, such as plates, into smaller lots. The 3% buyer's premium is paid
directly to the auctioneer.
1.2 Authorize the full redemption of $12,785,000 outstanding City of Clearwater,
Florida, Improvement Revenue Bonds, Series 2008, authorize transferring $3.9
million from General Fund reserves to provide the additional funds needed to
redeem this debt and adopt Resolution 10-04.
On August 12, 2008 the City issued $12.9 million in 20 year, tax-exempt bonds at
4.66% interest to Branch Banking and Trust Company (BBT). The average annual
debt service payments are just over $1,000,000. The debt markets at that time
were experiencing considerable turmoil and there was concern that issuing debt
at a later date would be at significantly higher rates or not available at all.
$3.75 million of the bond proceeds were used to finance a portion of the Beach
Walk project. The balance was intended to finance a portion of the Downtown
Boat Slip project. Subsequently, on February 19, 2009, the Council decided to
fund the Downtown Boat Slips from current funds available. The bond proceeds of
approximately $8.2 million were then redirected to provide financing for a beach
parking garage. Now that the parking garage will be privately financed and there
is not an appropriate project needing financing, it is appropriate to redeem these
bonds at this time.
Raymond James has negotiated with BBT to allow the City to repay the
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outstanding principal balance of $12,785,000 on March 30, 2010 with the payment
of a 1% prepayment penalty. The original terms of the loan only allowed full
prepayment (with a 1% penalty) on interest payment dates (2/1 or 8/1).
The total cash required to redeem these bonds on 3/30/10 is approximately
$13,008,000 ($12,785,000 principal, $95,000 interest, and $128,000 prepayment
penalty). Cash available in the bond construction fund (362) and debt service
funds (220 & 221) will be approximately $9,187,000. The balance of cash needed
in the amount of approximately $3.821 million is available in General Fund
reserves, which has approximately $21.1 million in reserves. The $21.1 million in
reserves is approximately $11.3 million above the required 8.5% ($9.8 million) of
adopted 2010 budget.
Staff is requesting that $3.9 million be transferred from General Fund reserves to
the General Fund Non Departmental cost center (07000) to provide for transfers
to the Debt Service Funds 220 and 221 to provide funds for this redemption. Any
funds remaining after redeeming the bonds will be returned to the General Fund
at year end.
The total interest cost that will be saved over the remaining life of the original 20
year term is $6.525 million.
BBT has also agreed to a partial redemption with a 2% prepayment penalty
should the Council wish to only redeem the boat slip portion of the loan.
2. Police
2.1 Approve extension of agreements for contractual services related to Clearwater’s
Human Trafficking Immersion Training Project to August 31, 2010, the revised
end date of the grant and authorize the appropriate officials to execute same.
(consent)
On August 7, 2008, the City Council approved acceptance of a FY 2008
Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant in the
amount of $99,370 to fund the Clearwater Area Task Force on Human Trafficking
Immersion Training Project. Council also approved contractual agreements with
the Florida RCPI; Pinellas Core Management Services, Inc.; World Relief Tampa;
and, Gulfcoast Legal Services, Inc. to provide coordination of activities and
participation in certain portions of the delivery of Immersion training with the City.
On July 28, 2009, the City Council approved extensions of these contractual
agreements to February 28, 2010. These extensions were necessary due to
delays in the project that were beyond Clearwater’s control.
DOJ/BJA has now given Clearwater a six-month extension of time on the grant in
order to complete two additional Immersion trainings -- one for Suffolk County,
New York and one for Pitt County, North Carolina. This necessitates an additional
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extension of time on the above-referenced contractual agreements to August 31,
2010.
There are no additional costs associated with the extension of time for the existing
contractual agreements. The extensions of time will simply allow Clearwater to
conduct two more training sessions and to utilize all of the federal grant funds to
which it is entitled.
3. Engineering
3.1 Approve Change Order 1 of the Bayfront Uplands Improvement Project to
Caladesi Construction Co in the amount of $127,680 for a total contract amount of
$642,994.57 and authorize the appropriate officials to execute same. (consent)
Change Order 1 is to add a Security System, which will tie into the City’s IT
system, and related items to the Downtown Boatslips.
Sufficient budget and revenue is available in Capital Improvement Program
project 0315-93405, Downtown Boat Slips.
In response to questions, Marina and Aviation Director Bill Morris said the security
cameras will be monitored by the Dock Master Office and connected to Police
Headquarters. The cameras will not be used for crime prevention but for evidence.
Information Technology Director Dan Mayer said the cameras will not be monitored
constantly but staff will be able to go back and review if an incident occurs.
3.2 Approve a Work Order to Engineer of Record (EOR) Cardno TBE of Clearwater,
Florida, for the Geographic Information System (GIS) and Enterprise Asset
Management (EAM) Services Sign Inventory project (10-0006-EN)in the amount
of $185,421.36 and authorize the appropriate officials to execute same. (consent)
This contract is for Geographic Information System (GIS) and Enterprise Asset
Management (EAM) Services to develop a Sign Inventory for all traffic control
signs installed and maintained by the City of Clearwater within the city limits.
This project is being initiated to develop an electronic traffic control sign inventory
similar to the existing electronic inventory that the Public Utilities Department has
in place.
Developing an electronic sign inventory will provide several benefits to a valuable
asset including but not limited to: quick searches and identification of signs along
with their locations and attributes, easy graphical access to authorized users and
the public from any PC, and electronic backups of this vital data for records
retention and disaster recovery purposes.
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Maintenance of traffic control signs is critical for public safety and the electronic
sign inventory will be used to interface with an electronic work order system for
regularly scheduled and emergency maintenance and sign replacement.
The work involves conducting a “windshield survey” of all traffic control signs and
their attributes under the City’s jurisdiction. This includes all city streets, county
roads within the city limits, and city streets that intersect state highways. It also
includes all city parking lots and city parks.
The scope also includes creation of a data collection tool for database migration
and integration into the existing Geographic Information System (GIS).
Work on the sign inventory will commence upon award and execution of the work
order. The project will be completed in 90 days from issuance of notice-to-
proceed.
Updating and maintenance of the sign inventory will be performed by the Traffic
Operations Division along with the Geographic Technology Division for GIS
related tasks.
Sufficient budget and funding is available in Capital Improvement Program project
0315-94839, Roadway & Traffic Asset Management to fund this work order.
In response to a question, Traffic Operations Manager Paul Bertels said that data
collected from the field will be transferred to the GIS system and maintained in-house.
3.3 Confirm staff recommendation that no action be taken at this time regarding
various parking issues in the 700 and 800 blocks of El Dorado Avenue and to
continue enforcement of on-street parking regulations on a complaint basis.
In mid-2009 the City received a complaint that residents on El Dorado were
parking their cars across and blocking the sidewalk. Complaints were also
received and reviewed with the Clearwater Beach Association as to parking over
the sidewalk and related on-street parking issues along and in the vicinity of El
Dorado Avenue. Parking over a public sidewalk is a violation of both Florida
Statute and City Code. Clearwater Police have been enforcing the violation on a
complaint basis, not only along El Dorado and within north beach, but throughout
the City.
During the summer of 2009 Public Communications conducted a survey of El
Dorado property owners as to various parking issues and sought their input as to
options for on-street parking. The City held a public meeting with the residents in
October 2009 to share the survey results and determine the extent of illegal
parking over the sidewalk and to present possible solutions. Solutions ruled out
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were: not enforcing the code; making El Dorado one way to allow more on street
parking; relocating the sidewalk to the back of curb; and complete removal of the
sidewalk.
After evaluation of the comments received at the October meeting a follow-up
meeting was held with the residents in January 2010. The consensus taken from
the participants at the meeting was that the extent of the problem has been
overblown and a vast majority of the residents recommended leaving the situation
status quo. The only alternate option considered that had any neighborhood
support was to allow parking by resident permit only on the west side of the street
and restrict on-street parking totally on the east side. This alternative is not
recommended for the following reasons:
Would have to be implemented through an ordinance.
Would require decisions on how many permits to give out and that number
likely would exceed the number of parking spaces available on the west side.
We would still post no parking designations for beach access points on the
west side.
This alternative would serve to push beach goers to other streets for parking.
Most of the comments from the residents of Eldorado Avenue were to leave
the parking regulations as is.
With input from the property owners and residents, there has been an extensive
review of the physical conditions along El Dorado that include existing, signed no
parking areas along both the west and east sides of the street. These existing
restrictions work in conjunction with the narrow street configuration to limit the
amount of illegal parking that occurs. The built environment, particularly on the
west side of the street limits compliant parking off of the right-of-way.
The original complaints occurred during times of private parties at both legal
nonconforming short-term rental properties as well as non-short-term rental
properties. There have been no formal complaints to the Clearwater Police
Department since summer of 2009. It is felt that staff can work with the few
affected residents to minimize their problems by evaluating current no parking
designations and identify possible alternative parking arrangements on their
property.
In response to questions, Engineering Director Mike Quillen said a bulk of the
complaints came from the west side. The city is in the business of adding sidewalks,
not eliminating them.
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3.4 Discuss impacts of proposed new Numeric Nutrient Criteria (NNC) EPA rule
making on Clearwater and the State of Florida (WSO)
The U.S. Environmental Protection Agency (EPA) is proposing standards to
address phosphorous and nitrogen loads in Florida waters. The proposed rule is
called "Water Quality Standards for the State of Florida’s Lakes and Flowing
Waters". In February EPA conducted public hearings across the state on the
proposed standards, drawing strong response from local governments and
agriculture interests throughout the state.
The Florida Department of Environmental Protection (FDEP) has had nutrient
water quality standards for many years, but they have always been narrative, not
numeric. As a result of legal actions the EPA determined that numeric standards
were needed to meet the requirements of the Clean Water Act in Florida. The
EPA Numeric Nutrient Criteria (NNC) will have a significant impact in Florida.
The City of Clearwater will be impacted by the proposed rule as having "publicly
owned water treatment facilities" and being an "entity responsible for managing
stormwater runoff". The rule will also affect industries discharging pollutants to
lakes and flowing waters as well as non-point source contributors to nutrient
pollution, which include agricultural production, managed landscapes and urban
areas.
In our area new EPA rules would likely result in requiring increased treatment of
wastewater and stormwater discharges into impaired waters such as Tampa Bay,
Stevensons Creek, Alligator Creek, and Allens Creek. In general terms, the cost
of attaining stormwater compliance with the proposed NNC for Florida local
governments is expected to be four to six times the cost of meeting current FDEP
Total Maximum Daily Load (TMDL) requirements. This estimate is based on twice
the number of TMDLs and two to three times the construction, operation and
maintenance costs for the stormwater treatment facilities required to comply with
the proposed NNC. The cost for wastewater compliance is also expected to be
unsustainable.
There is currently a 60 day public comment period within which to submit written
comments to EPA on the proposed rule by March 29, 2010. The City of
Clearwater is working with the Tampa Bay Estuary Program, the Tampa Bay
Nitrogen Management Consortium and Pinellas County to consolidate comments
to EPA.
In response to questions, Environmental Manager Ed Chesney said most conference
attendees opposed EPA's proposed rule changes. EPA is using an outdated model.
Mr. Chesney said new rules will negate all the work done by the Tampa Bay Estuary.
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It was suggested the issue be discussed with the city's legislators.
Public Utilities Assistant Director Nan Bennett said the department is meeting limits of
technology now in wastewater. EPA estimates $6 million to upgrade plants and a
$600,000 increase in annual maintenance costs.
In response to questions, Mr. Chesney said areas that naturally have nitrogen and
phosphorous in the soil composition also would require a 50% reduction. The city has
spent $42 million to remove 20%-30% of nitrogen and phosphorous.
4. Official Records and Legislative Services
4.1 Award contract (purchase order) in the amount of $395,015.60 for conversion of
City records into the Laserfiche Electronic Document Management System to
Advanced Data Solutions, Inc., Oldsmar, Florida, in accordance with Section
2.564(1)(d) Code of Ordinances, Florida State Contract 973-561-010-1 and
authorize the appropriate officials to execute same. (consent)
In June 2007, the City Council authorized CIP 315-94850 and awarded a contract
in the amount of $500,000 to Tandel Systems, Clearwater, Florida for the backfile
conversion of city records.
The conversion includes documents that are frequently accessed, accessed by
multiple users, and have long-term or permanent retention.
In July 2009, the city was notified that Tandel Systems would no longer provide
conversion services as the company was focusing on engineering and information
technology services.
The Purchase Order with Tandel Systems will be closed and the remaining
balance of $395,015.60 be awarded to the new vendor.
In January 2010, staff conducted a site visit at Advanced Data Solutions, Inc. and
was satisfied with work sample provided.
4.2 Appoint one member to complete a term expiring October 31, 2011 and appoint
one member to complete a term expiring October 31, 2012 on the Municipal Code
Enforcement Board.
Consensus was to appoint Donald Van Weezel for term expiring October 31, 2010.
Direction was given to continue second appointment.
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5. Legal
5.1 Approve a $378,000 settlement of the case of City of Clearwater v. Florida Power
Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Case
08-18004-CI-07, Pinellas County Circuit Court and claims for costs and expenses
incurred by the City in the Cleveland Street and Coronado Drive Projects and
authorize the appropriate officials to execute same. (consent)
An action was brought against Florida Power to recover damages for the
additional costs and expenses incurred by the City during the Myrtle Avenue
reconstruction project from 2003 to its completion in 2006. The City alleged that
Florida Power failed to resolve conflicts with existing above ground utilities and
buried utilities in a timely manner during the reconstruction process. As a result,
the City was required to expend funds to compensate the contractor for time
delays, redesign, and additional work. Florida Power denies the allegations that it
is responsible for any additional costs and expenses. The parties have engaged
in negotiations over the past several weeks on these claims and also on similar
claims arising from the Cleveland Street and Coronado Drive projects in an effort
to arrive at a mutually agreed settlement so as to avoid the additional costs and
expenses and uncertainties of a jury trial.
A tentative agreement has been reached settling all claims for a cash payment
from Florida Power in the amount of $378,000.00. The legal department requests
authority to settle the case and claims for this amount and execute a release and
other documents necessary to resolve the case and dismiss the suit.
5.2 Adopt Ordinance No. 8132-10 on second reading, amending the Community
Development Code, Article 3, Development Standards, Section 3-601 to amend
side setback standards for commercial or multi-use docks on nonresidentially
zoned property adjacent to residentially zoned property.
5.3 Adopt Ordinance No. 8135-10 on second reading, annexing certain real property
whose post office address is 1624 Stevensons Drive, 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.
5.4 Adopt Ordinance No. 8136-10 on second reading, amending the future land use
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1624 Stevensons Drive,
together with the abutting right-of-way, upon annexation into the City of
Clearwater, as Residential Low (RL).
5.5 Adopt Ordinance No. 8137-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1624
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Stevensons Drive, together with the abutting right-of-way, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR).
5.6 Adopt Ordinance No. 8138-10 on second reading, annexing certain real property
whose post office address is 2170 Catalina Drive South, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
5.7 Adopt Ordinance No. 8139-10 on second reading, amending the future land use
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 2170 Catalina Drive South upon
annexation into the City of Clearwater, as Residential Urban (RU).
5.8 Adopt Ordinance No. 8140-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 2170 Catalina
Drive South, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
5.9 Adopt Ordinance No. 8145-10 on second reading, vacating, with conditions, the
east 35 feet of the 70 foot South Gulfview Boulevard right-of-way contained
between the westerly extension of the north property line of Lot 60, Lloyd-White-
Skinner Subdivision and the westerly extension of the south property line of Lot
62, Lloyd-White-Skinner Subdivision.
6. City Manager Verbal Reports - None.
7. Other Council Action - None.
8. Adjourn
The meeting was adjourned at 10:01 a.m.
9. Presentation(s) for Council Meeting
9.1 Clearwater Bombers Proclamation
9.2 Girl Scout Week Proclamation
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