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09/07/2010 CITY COUNCILWORKSESSION MINUTES CITY OF CLEARWATER September 7, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Cynthia E. Goudeau - Assistant to City Manager. The meeting was called to at 10:13 a.m. at City Hall after meeting as the Community Redevelopment Agency. 1. Office of Management and Budget 1.1 Set a final millage rate of 5.1550 mills for fiscal year 2010/11 levied against non- exempt real and personal property with the City of Clearwater and pass Ordinance 8215-10 on first reading. In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the "Determination of Millage" and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance is to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a proposed millage rate of 5.1550 mills on July 15, 2010, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 10.52% decrease from the rolled back rate of 5.7610 mills. Ordinance 8215-10 is now presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvement budgets for the 2010/11 fiscal year. 1.2 Approve the City of Clearwater Annual Operating Budget for the 2010/11 fiscal year and pass Ordinance 8216-10 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the final budget. The adoption of the ordinance and the related ordinances adopting the 2010/11 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. Work Session 2010-09-07 1 On June 30, 2010, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement Budget that outlined proposed estimates of revenues and expenditures for the 2010/11 fiscal year. On July 13, 2010, the City Manager held a Special Council Meeting for Council discussion of the preliminary budget as well as citizen input. A public meeting was also held for citizen input on August 30, 2010. After the Preliminary budget was released, during Council discussion at the August 5th Council Meeting, the City Manager informed the council he intended to add back a Parks Service Technician into the budget to make sure the beach is maintained properly. This is the only change to the preliminary budget at this time. A worksheet detailing the changes made to date on the final budget for fiscal year 2010/11 is available. 1.3 Adopt the Fiscal Year 2010/11 Capital Improvement Budget and establish a six- year plan for the Capital Improvement Program (CIP) and pass Ordinance 8217- 10 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2010/11 millage rate and Operating Budget are an integral part of fulfilling these requirements.On June 30, 2010, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement budget. The City Manager held a special budget meeting for the City Council as well as the citizens of Clearwater on July 13, 2010 to discuss the preliminary budget and a public meeting was held for citizen input on August 30, 2010. In response to questions, Engineering Director Mike Quillen said the entry for $8 million under Miscellaneous is for the Downtown Intermodal, which will be funded by Penny for Pinellas. Budget Director Tina Wilson said staff has budgeted $2.6 million for replacement of vehicles. The new street construction in 2012/2013 is for Bayshore Boulevard. 1.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2010/11 through 2019/20. 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 project funding of $500,000 or more. There are only two changes proposed in the six-year capital plan as follows: Main Fire Station The project budget for the Main Fire Station has been increased Work Session 2010-09-07 2 by $4,057,520. In 2006, $3 million in Penny II funds were used to establish a project to renovate or replace the Main Fire Station 45 located downtown. The additional $4,057,520 will provide the necessary funding to construct a category five-rated station with living space for a diverse work force, room for equipment and apparatus bay, and office space for Fire Administration and Prevention Services. The project budget for Fire Engine replacements has been increased by $69,300 primarily to reflect expected inflationary cost increases in three engine replacements planned in future fiscal years of the plan. In response to questions, Fire Deputy Chief Robert Weiss said the Fire Station project entails more than upgrading the facility to withstand a Category 5 hurricane. Penny for Pinellas 2 funded a combination of projects, which entailed evaluating all facilities. Fire Station 45 was found to have the most inefficient areas. Renovation would be more costly than demolishing and rebuilding the facility. Deputy Chief Weiss said the preliminary design phase considered a sustainable and green building to meet a potential grant opportunity. Budget Director Tina Wilson said the Penny for Pinellas revenue projections need to be adjusted and will require the project list to be reviewed in the Fall. The Council recessed from 10:35 a.m. to 10:44 a.m. 2. Economic Development and Housing 2.1 Approve a Community Housing Development Organization Agreement with Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. in the amount of $155,214 to acquire and develop affordable housing units and authorize appropriate officials to execute same. (consent) Among the purposes of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended, are: (1) to promote partnerships between State, units of general local government and nonprofit organizations, and (2) to expand nonprofit organizations’ capacity to develop and manage decent and affordable housing. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment Partnership (HOME) Program must reserve not less than 15% of their HOME allocations for investment in housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs). The City of Clearwater must identify eligible nonprofit organizations that are capable, or can reasonably be expected to become capable of, carrying out elements of Clearwater’s approved housing strategy. Only nonprofit organizations that have been certified by HOME participating jurisdictions as CHDOs can receive funds from the minimum 15% set-aside. Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. is requesting $77,100 in Fiscal Year 2001 funds and $78,114.45 Work Session 2010-09-07 3 in Fiscal Year 2008 funds. The allocations will be used to build single-family homes on vacant lots the agency already owns. The agency is a newly created not-for-profit organization. The agency’s parent organization is Pinellas County Habitat for Humanity and will be staffed by their employees. The Fiscal Year 2001 HOME CHDO allocation is derived from funds previously set aside for another CHDO whose proposed project did not meet HOME Program guidelines. 3. Fire Department 3.1 Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2011 and authorize the appropriate officials to execute same. (consent) The Pinellas County Fire Protection Authority is a special district created for providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services, which include: Response of firefighting apparatus, units and personnel to the scene of a fire, life safety related emergency, man-made or natural disaster or public service request; Command and control of the emergency scene, containment of any fire and mitigation of any hazards, including specialized rescue; Investigation of any fire to determine the cause and original; Inspection of commercial, industrial and multi-family dwellings for compliance with fire and life safety codes; and Education of the public in fire prevention, life safety and disaster preparedness, in accordance with Section 413. In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. In Fiscal Year 2009/10, the Fire Protection Authority and the contract providers extended the contract for one year ending September 30, 2010. The Fire Protection Authority and the contract providers have agreed to extend the contract for another one-year period ending September 30, 2011. Work Session 2010-09-07 4 Through this contract, Clearwater Fire and Rescue will provide fire protection services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. Pinellas County Fire Protection Authority and the City of Clearwater agree that upon approval of this extension, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2011. Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2010 under the same terms as the previous contract. Under that contract 12.12% of the Clearwater Fire District was determined to be unincorporated Pinellas County for 2010. Therefore, the County reimbursed the City 12.12% of the net department budget or approximately $2.1 Million for fiscal year 2010. The reimbursement percentage can fluctuate year to year as property values within the fire district change. Concerns were expressed regarding reimbursement amount. Fire Chief Jamie Geer said the city does not have an opportunity to negotiate the reimbursement amount. The reimbursement is a percentage of actual cost defined by state statute. Staff was requested to confirm if reimbursement formula is set by state statute. 3.2 Award a contract (Purchase Order) in the amount of $156,902.00 to Ten-8 Fire Equipment, Inc., Bradenton, FL for one (1) Medtec Transport Ambulance in accordance with Sec. 2.564(1)(d), Code of Ordinances Other governmental bid, authorize lease purchase under the City’s Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) This ambulance will be purchased through the Florida Sheriff’s Association and Florida Association of Counties Contract 08-08-0909 in quote dated August 5, 2010. The new vehicle, Rescue 49, will be located at the Clearwater Mall station and replace a unit purchased in 2004. The unit will be built to the same specifications as the last three units acquired and allow standardization of repair and maintenance activities. The unit it replaces will move to reserve status and replace a unit (G 1458) which has already been retired. Due to the age, mileage Work Session 2010-09-07 5 and maintenance costs of this vehicle it has been determined to have reached the end of its useful life as a front line rescue unit. Clearwater Fire and Rescue performs emergency medical services (EMS) under a contract with the Pinellas County EMS Authority. The proposed purchase was included in the Fiscal Year 2010 contract with the Authority. The budget was submitted to Pinellas County and the City will be reimbursed for the purchase. Lease purchase funding in the amount of $160,000 for the purchase of one vehicle was included in the second year of the six-year City’s Capital Improvement 2010 budget in project 316-91236, Rescue Vehicles. A third quarter budget amendment will fund the purchase in the current year instead to match the County budget submission. Funds for debt payments are included in the proposed Fiscal Year 2011 department operating budget. Estimated annual operating costs of $41,910 in the department’s operating budget include debt costs and garage charges for operating and maintaining the vehicle. Garage charges on the new vehicle are expected to be less than the vehicle being retired. In response to a question, Fire Deputy Chief Robert Weiss said Engine 50 will be surplused. Over $35,000 in repairs was spent last year. Staff was directed to provide the number of calls Rescue 50 responds to. 4. Financial Services 4.1 Approve a loan from the City of Clearwater (Central Insurance Fund) to the CRA to fund the purchase of real property from MNEK, Inc., and other costs associated with the property, for $1.9 million at the cash pool rate, with interest only through Fiscal Year 2012 and level debt service for the remaining 6 years through Fiscal Year 2018, and authorize the appropriate officials to execute same. (consent) This property has presented an acquisition opportunity for the CRA at this time since the property has recently been listed for sale and reductions in asking price have made the acquisition feasible for redevelopment purposes. The subject property comprises the bulk of the East Gateway block bounded by Cleveland Street on the South; North Betty Lane on the East; Grove Street on the North; and North Lincoln Avenue on the West. It includes all the parcels on the block owned by MNEK, Inc., including the Economy Inn; Jem Motel; Viva Mexico restaurant; two duplexes on Grove Street and one owner-occupied single-family residence on the corner of Grove Street and North Betty Lane. It does not include three single-family residences on Grove Street not under ownership of MNEK, Inc. The acquisition parcels total approximately 96,885 sq. ft., or 2.2 acres, according to Property Appraiser. Work Session 2010-09-07 6 The real property to be purchased is described as Pinellas County parcels15-29- 15-65286-000-0180, 0190 and 0191 within (PADGETT’S ESTATES, PB4, Pg 11) together with Pinellas County parcels 15-29-15-58788-000-0280, 0290, and 0310 (within RE-SUBDIVISION LOTS 11,12,13,14,and 15 of PADGETT’S ESTATES, PB12, Pg 24). A loan will be set up in Fiscal Year 2011 from the City of Clearwater Central Insurance Fund to the CRA for $1.9 million. There is currently approximately $19 million in unrestricted reserves available in the Central Insurance Fund. A sample debt service schedule showing the loan at an approximate 3.5% (rate will vary depending on the cash pool earnings rate), with interest only through Fiscal Year 2012 and level debt service for the remaining 6 years is available. If the property is sold prior to the loan being satisfied, the sales proceeds will go toward paying off the loan. 4.2 Approve the amended pooled cash investment policy. (consent) State law requires that the governing body adopt an investment policy. The original policy was adopted by the City Council (City Commission) on September 7, 1995. The policy has been amended by the Council from time to time as necessary. Changes in terminology, technology and the investment environment warrants additional changes be made to the policy. The biggest changes are: 1. The changes to the performance measurement benchmark in section (3) to agree more closely with the investment portfolio weighted average maturity. 2. The increase of the temporary average maturity from four to five years in section (6) to allow for more callable step-up securities due to the market environment. 3. Defining the Investment Committee in section (12) 4. Expanding the number of individuals who must complete a minimum of 8 hours of continuing education in investment practices to the entire Investment Committee in section (14). The following is a summary of the changes to the Policy. 1) Scope a) Style and grammatical changes. b) Terminology has changed "Trust" funds to "Fiduciary" funds. c) Clarification is being made to exclude non-pooled cash investments of all pension plans. 2) Investment Objectives a) Unneeded wording on security sales is being eliminated. b) Style and grammatical changes. c) Increasing the percentage of investments that have a maturity greater than 10 years from 10% to 15% of the portfolio. Work Session 2010-09-07 7 3) Performance Measurement a) Style and grammatical changes. b) Benchmark yield is being increased to match more closely the yield of the expected weighted average maturity of the portfolio. The current benchmark has a weighted average maturity of .93 years. The proposed benchmark has a weighted average maturity of 2.46 years. This more closely matches the policy weighted average maturity of 3 years or less (see (6) Maturity and Liquidity Requirements). 4) Prudence and Ethical Standards - no changes proposed. 5) Authorized Investments a) Style, grammatical and terminology changes. 6) Maturity and Liquidity Requirements a) Style and grammatical changes. b) Eliminated duplicate wording on laddering maturities. c) The benchmark for the weighted average maturity of the portfolio remains at three years. Due to market conditions, the temporary limit is being raised from four to five years. This will allow an increased number of callable "step-ups" to be in the portfolio. "Step-ups" are securities that have a longer stated maturity but the interest rate on the security increases over time. In flat and rising interest rate environments, such as now, the prudent selection of these securities provides for higher current income while protecting the portfolio from rising interest rates. 7) Portfolio composition, Risk and Diversification a) Style and grammatical changes. 8) Authorized Investment Institutions and Dealers - no changes proposed. 9) Third-Party Custodial Agreements a) The third party custodian is now notified of pending trades through the internet. This is an update due to technology improvements. 10) Master Repurchase Agreement a) Style and grammatical change. 11) Bid Requirements a) Style and grammatical changes. 12) Internal Controls a) The Investment Committee is defined. 13) Reporting - no changes proposed. 14) Continuing Education a) The individuals who are required to obtain no less than 8 hours of continuing education (per State Law) and to have sufficient knowledge and education to invest in the City’s funds is being expanded to include all members of the Investment Committee. Concern was expressed with the Finance Director appointing the investment committee. Staff was directed to amend the policy requiring the investment committee appointments be confirmed by the City Manager. Work Session 2010-09-07 8 5. Marine and Aviation 5.1 Award a contract to American Underwater Contractors, Inc., per written quote, to install three 14-inch buoys on the Clearwater Pass Jetty for the total price of $9,596 and authorize the appropriate officials to execute same. (consent) American Underwater Contractors was the only company offering their professional services, per written quote. The $9,596 includes a professional commercial diving crew, 24-foot commercial workboat, mobilization and demobilization, hotels and per diems and all other related costs. It also includes two extra 14-inch buoys with lights, stainless steel connection for salt water, all language and markings and freight for $866 each. Council adopted Resolution 09-47 in December 2009 to approve petitioning the State to authorize the installation of the buoys at the approximate cost of $6,000. The State authorized approval of lighting the jetty. The cost is $3,596 more than estimated. At first quarter 2009/10, the Council allocated $6,000 of General Fund reserves to the Non Departmental program for this purpose. A third quarter budget amendment will provide a further allocation of $3,596 from General Fund reserves to provide for the total cost of $9,596. The funding code will be: 0-010-07000 - 552500-519-000-0000. In response to a question, Marine and Aviation Director Bill Morris said the proposal submitted by a local individual was not accepted by the Coast Guard because the lights would not be visible when approaching from the north. Concerns were expressed regarding recent parasailing accident and lack of parasailing regulations. Mr. Morris said the Coast guard is reluctant to mandate any parasail guideline above those imposed by companies and insurers. 6. Parks and Recreation 6.1 Review the proposed artworks for Sculpture360, Season III Art in the Cleveland Street District, and approve the expenditure of $8,000 from the Public Art Discretionary Fund to supplement the Sculpture360 project budget. (consent) Sculpture360, Art in the Cleveland Street District, is a temporary exhibition of outdoor public artwork intended to bring high-quality, iconic, and vibrant artwork to downtown Clearwater. An open Call to Artists as outlined in the Public Art and Design Guidelines was Work Session 2010-09-07 9 issued detailing the scope of the project. The Public Art and Design Board appointed a Selection Panel comprised of individuals representing specified interests and expertise as follows: Judith Powers (Chair), a member of the Public Art and Design Board and the director of the Pinellas County Cultural Affairs Department; David Allbritton, chairman of the Downtown Development Board and representative of the downtown community; Catherine Woods, a professional sculptor and glass artist; Phyllis Franklin, downtown business owner and operator of Franklin Realty; Anne Fogarty-France, Economic Development representative; Felicia Leonard, Parks & Recreation representative; Elizabeth Minor, Cultural Affairs representative The Call to Artists resulted in approximately 30 responses of qualified artists with various works proposed for temporary loan. The selection panel met on July 23, 2010 at the Clearwater Main Library and selected three finalists (Nicole Beck, Ted Sitting Crow Garner, and Clayton Swartz) and three alternates (Jorge Blanco, Mike Hansel, and Kevin Eichner). All artists and artworks have been reviewed by the Public Art and Design Board. The Public Art and Design Board requests that the City Council review and approve an allocation of $8,000.00 from the Public Art and Design Program Discretionary Fund for supplementing the project budget for Sculpture360: Season III. Funds will be utilized for artist honoraria and equipment, materials, and personnel necessary for installing and removing the sculpture under the terms of the exhibition. 7. Police 7.1 Approve renewal of an Interlocal Agreement in the amount of $140,422.36 from the Community Redevelopment Agency (CRA) and authorize continuation of two full time equivalent positions to provide Community Police Officers for the East Gateway area, and authorize the appropriate officials to execute same. (consent) On August 31, 2009, the CRA approved the Interlocal Agreement to provide Tax Increment Funding (TIF) to the City of Clearwater in the amount of $140,422.36 to provide two (2) Community Police officers and fuel to the CRA area of the East Gateway. The term of this Interlocal Agreement will be October 1, 2010 through September 30, 2011. The TIF funds paid to the City of Clearwater by the CRA will be done pursuant to Section 163.361(1), Florida Statutes, and will be used to provide a more visible community policing presence within the East Gateway neighborhood. Work Session 2010-09-07 10 This is the third year of the Agreement between the CRA and the City. As a result of the officers deployed under the 2009/2010 Agreement, conditions have substantially improved in the East Gateway area. It is recommended that the program continue as justified by the ongoing activity in the area that negatively impacts the quality of life. Both residents and businesses have enthusiastically embraced the program. 7.2 Approve a contract in the amount of $599,928.00 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing October 1, 2010 through September 30, 2011, and authorize the appropriate officials to execute same. (consent) The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began an annual contractual agreement for services in January 1994. The agreement covers latent fingerprint examination, property/evidence storage, crime scene processing services and security costs for the Pinellas Juvenile Assessment Center (PJAC). The total cost of the proposed Fiscal Year 2010/2011 agreement is $599,928.00 reflecting a 3% increase in cost from the 2009/2010 contract for services primarily due to an increased cost to the employee’s pension (State of Florida) plan, and the increased workload from CPD criminal cases for the Fingerprint Services. The proposed contractual agreement reflects the following breakout of costs: (1) Fingerprint Services - $96,418.00; (2) Forensic Science Services (Crime Scene Processing) - $328,878.00 (1,800 calls @ $182.71 per call), requests for services in excess of 1,800 calls will be invoiced monthly at a rate of $182.71 per call. However, any funds from unused calls for service from Fiscal Year 2010/2011 shall be applied toward the following year’s contractual agreement; (3) Evidence and Property Service and Storage - $116,000 (inclusive of personnel and storage costs). Beginning in Fiscal Year 2008/2009, PCSO began charging all Pinellas County law enforcement agencies their respective share of the cost of providing security for the Pinellas Juvenile Assessment Center (PJAC). Clearwater’s share is $58,632.00 based on the number of juvenile bookings, totaling 698, made by CPD into PJAC, reflecting a cost of $84.00 per juvenile. Billing for requests for service in excess of the 698 bookings during the term of this contract shall be invoiced at the rate of $84.00 per booking. Any funds not expended in Fiscal Year 2010/2011, because the number of juveniles booked is less than 698, will be carried over to next year’s agreement. Funding for this contractual agreement is available in the Police Department’s Fiscal Year 2010/2011 operating budget. In response to a question, Police Chief Anthony Holloway said the fingerprint service cost is based on the number of uses, currently 1800. Fingerprint service costs should go Work Session 2010-09-07 11 down, as the department will begin conducting some as well. Staff was directed to confirm if fingerprint service is built into services of contract cities. 7.3 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period commencing July 1 2010 through June 30, 2011 and authorize the appropriate officials to execute same. (consent) Under the terms of the one-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater High School, Countryside High School and Oak Grove Middle School during the regular school year. The assigned officers (1 per school) will provide instruction in law education, serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services as necessary. The annual cost of salaries and benefits of three (3) officers over the one-year period will be $275,041. Total annual reimbursement from the School Board will remain at $49,011.50 for each officer, for a total reimbursement of $147,034.50, reflecting no revenue increase to the City for SRO services during the 2010/2011 contract period. The difference of $128,007.00 will be funded from Special Law Enforcement Trust Fund (SLEF) proceeds. At Third Quarter, special project 181- 99264, School Resource Officers, will be amended to reflect the 2010/2011 funding. The cost incurred by the Police Department is offset by the benefit of the program to the community and the Police Department. All procedural components of the contract remain the same as those outlined in the 2009/2010 contract. The continuation of the School Resource Officer Program beyond Fiscal Year 2010/2011 is dependent upon SRO program funding being included in future budgets. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985, Countryside High School since January 1, 1986 and Oak Grove Middle School since August 27, 2007. Note - Contract from the School Board was received recently. 8. Solid Waste/General Support Services 8.1 Award a Contract (Purchase Order) for $289,687.00 to Pat’s Pump and Blower of Work Session 2010-09-07 12 Orlando, FL for one 2010 Freightliner M2 chassis with 15 cubic yard Aquatech Sewer/Catch Basin Cleaner in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City’s Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) This Sewer Cleaner truck was approved in the 2009/2010 Budget as an additional unit. This truck is needed to maintain the additional pollution control boxes in the downtown and beach areas. 8.2 Award a Contract (Blanket Purchase Order) for $550,000 to Harris Corporation of Lynchburg, VA for the Quarterly Payments during the period of October 1, 2010 through September 30, 2012 toward the 20-Year Maintenance Agreement for the City’s radio system approved by Council on June 20, 2002 and authorize the appropriate officials to execute same. (consent) This contract provides for maintenance of the Clearwater Radio System plus the two towers and facilities. The Quarterly payments are made per the 20-year contract approved by Council in 2002. This BPO covers the 9th and 10th year of the contract. Any revenue due to the City from leased space on the two towers since the contract went into effect is deducted from the payment. The Harris Corporation purchased M/A-COM Systems late last year and assumed responsibility for all contracts. In response to a question, Solid Waste/General Services Assistant Director Rick Carnley said the revenue received from the leased spaced is deducted from monthly invoice. 9. Public Utilities 9.1 Award a contract (purchase order) to General Chemical, of Parsippany, NJ, for the purchase of Liquid Aluminum Sulfate in the amount of $541,523.84 during the contract period October 1, 2010 through September 30, 2013, being the lowest, most responsive bid for RFP 25-10, and authorize the appropriate officials to execute same. (consent) Liquid Aluminum Sulfate is used in the Northeast and Marshall Street Advanced Pollution Control Facilities (APCF) to maintain regulatory compliance with the City’s existing wastewater facility operating permits, specifically for the removal of phosphorus and total organic carbon as mandated by the Florida Department of Environmental Protection (FDEP). The bid was advertised on July 22, 2010, and two bids were received on August 12, 2010. The lowest responsible bidder is General Chemical with a bid price of $214.72 per dry ton for the first year with a total estimated bid amount of Work Session 2010-09-07 13 $171,776.00. The contract is renewable up to two additional years for a mutually agreeable annually adjusted price in accordance with the Producer Price Index Series WPU0613020T Hydrochloric and Sulfuric Acid and WPU0630209 Aluminum Compounds. This item is a request for the approval of a three-year contract, assuming a 5% increase over the contract period dependent upon PPI increases, not to exceed $541,523.84. The recommended contract will replace our current BPO BR504064 with General Chemical that expires September 30, 2010, for Liquid Aluminum Sulfate (Alum) at $230/ dry ton. The new bid represents a 7% reduction in cost for the first year. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund Fiscal Year 2010/2011 in the amount of $171,776.00 and is planned in the budget request to be brought forward for Fiscal Year 2011/2012 in the amount of $180,364.80, and is planned in the budget request to be brought forward for Fiscal Year 2012/2013 in the amount of $189,383.04. 10. Engineering 10.1 Approve agreements, for the period October 1, 2010 to September 30, 2013, with Citation Management, Milwaukee, WI, for parking violation processing services at a cost of $2.58 per citation processed and for collection agency services at a fee of 23% of total delinquent fines collected and authorize the appropriate officials to execute same. (consent) The current agreements with Citation Management for parking violation processing services and collection agency services expire on September 30, 2010. Five firms, specializing in these services, responded to RFP 11-10. All five firms submitted written proposals and made presentations to the selection committee. The selection committee was comprised of representatives from Finance, Internal Audit, Information Technology (IT) and the Parking System. Citation Management was ranked the top firm based on the following selection criteria: experience and qualifications, project approach, financial stability/references, customer service approach, hardware/software and fees. The processing agreement is based on an all-inclusive fee of $2.58 per citation issued. This is a 21% reduction from the current price of $3.27 per citation. Approximately 40,000 citations are issued annually at an estimated cost of $103,200. The terms of the parking violation processing services agreement include: all Work Session 2010-09-07 14 hardware/software for noticing and coordination with the State Division of Motor Vehicles for registration holds, court scheduling and reporting, toll free customer service call center, payment options, including a 24-hour Interactive voice response phone system for credit card payments, web payments, mail and drop box. Enhancements in the new agreement include color photos integrated into the handheld issuing device. All images will now be available to the customer on the web site, which will help with the number of disputes and cases brought to court. Citations that are unpaid after 90 days are forwarded to the delinquent services division of Citation Management for collection efforts. Citation Management receives 23% of the funds they collect, a reduction from the current agreement amount of 28%. It is estimated they will receive $30,000 annually for these services. This is a 3-year agreement with two one-year renewal options, upon the written mutual agreement of both parties. The parking violation processing fee of $2.58 is for years one and two; year three allows for a CPI increase, if applicable. The collection agency services fee will be 23% for all three years. Current average annual gross parking fine revenue is $900,000 with $5 for every citation collected, or an estimated$160,000, directed to the School Crossing Guard Program. Funding for this agreement is included in the 2010/11 City Manager’s Recommended Parking Fund Operating Budget Contractual Services in cost center 0435-01334, Parking Enforcement. 11. Planning 11.1 Approve an amendment to the Interlocal Agreement between the City of Clearwater and Pinellas County pertaining to the Clearwater Planning Area, extending the term of said agreement from September 30, 2010 to September 30, 2020 and authorize the appropriate officials to execute same. (consent) The Interlocal Agreement for the Clearwater Planning Area is a longstanding agreement that establishes a geographic boundary and procedures for joint land use designation of unincorporated land annexed into the City. The term of the original agreement was January 14, 1992 to September 30, 2000. The subsequent agreement, which is currently in effect, included a modified Clearwater Planning Area boundary and legal description and extended the term from September 30, 2000 to September 30, 2010.With the pending expiration of the current agreement, a second amendment to the agreement, extending the term from September 30, 2010 to September 30, 2020, is proposed to City Council for consideration at a required public hearing. There are no funding requirements associated with this action. Work Session 2010-09-07 15 11.2 Approve continuation of Interlocal Agreement for Planning and Mapping Services with the Pinellas Planning Council for the term beginning October 1, 2010 through September 30, 2018, and authorize the appropriate officials to execute same. (consent) The City is currently a party to two interlocal agreements with the Pinellas Planning Council (PPC) for as needed planning and mapping services. The Interlocal Agreement for Planning Services will expire on September 30, 2010, while the Interlocal Agreement for Mapping Services continues until terminated by either party or superseded by another agreement. Since said agreements have been in effect, PPC staff has assisted the Planning and Development Department in conducting one special study and processing annexation cases when the Department had inadequate staffing levels (i.e., staff vacancies). While the Department does not anticipate the need to use the PPC services, ready access to additional technical resources would be beneficial to the Department should the need arise. The PPC has consolidated the planning and mapping services agreements in one agreement, which is the subject of this request. The proposed Interlocal Agreement for Planning and Mapping Services provides the basis for any request the City may have for planning or mapping assistance from the PPC; however, there is no obligation on the City’s part to request said assistance. The proposed agreement carries forward the main provisions of the current agreements, including charges for services on a time and materials or mutually agreeable lump sum basis, whichever is appropriate to the services requested. Billing rates have not changed from those specified in the current agreement for planning services. The term of the proposed agreement is four years with one opportunity to extend for an additional four-year period by mutual agreement. The agreement may be terminated at any time upon 30 days notice. 12. Official Records and Legislative Services 12.1 Confirm the Mayor’s reappointment of Deborah Woodard as a member to the Clearwater Housing Authority Board with the term to expire September 30, 2014. (consent) 12.2 Appoint Ariana Lazzaroni to the Sister Cities Advisory Board to fill the youth member vacancy with the term to expire September 30, 2014. (consent) 12.3 Approve amendments to Chapter 2, Administration, Article III, Appointed Authorities, Boards, and Committees and pass Ordinance 8220-10 on first reading. Work Session 2010-09-07 16 Changes are needed to Chapter 2, Article III, Appointed Authorities, Boards and Committees to improve efficiency and bring the code up to date with current procedure. In addition to housekeeping amendments the following are proposed: Section 2.061(2)(b) is being amended to remove the reference to a resident having to live in Clearwater for not less than six months. Staff does not verify this and the provisions regarding excessive absences assure board member participation. Section 2.062 is being amended to allow boards to be established via Resolution, as well as Ordinance. A provision allowing boards to be of limited duration or sunsetted has been added. Requiring staggered terms for boards that are not of limited duration has been added, as well. Section 2.063(2)(e) is being amended to provide that vacancies in mid-term will be filled for the unexpired term being vacated. Section 2.064(3) has been added to reinstate term limits, unless there are no other qualified nominees. Council's practice is to not reappoint someone who has served two full terms. Staff has found themselves in an awkward position of asking the incumbent if they are interested in being reappointed and then having to explain they were not reappointed because they have served two full terms. Section 2.066(1)(d) has been added to address excessive absences for boards meeting on a quarterly schedule. Section 2.067(2) has been amended to make it clear that a board's rules must designate a quorum and that no meeting may be held without a quorum present. Section 2.067(3) has been added to make it clear that all boards are subject to the Sunshine and public records laws. 13. Legal 13.1 Adopt Ordinance No. 8189-10 on second reading, annexing certain real property whose post office addresses are 1824 and 1848 Carlton Drive; 1807, 1812, and 1830 Diane Drive; 1720 and 1759 El Trinidad Drive; 1729 Evans Drive; 1704, 1713, 1751, and 1754 Grove Drive; 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive; 1818, 1825, and 1830 Marilyn Drive; 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, and 2798 Morningside Drive; 1825 Skyland Drive; 2700 SR 590; 2746, 2752, and 2773 Terrace Drive; 1715, 1725, 1728, and 1736 Thomas Drive; 1810, 1818, 1819, 1826, 1827, 1834, 1835, and 1842 Winwood Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 13.2 Adopt Ordinance No. 8190-10 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office addresses are 1824 and 1848 Carlton Drive; 1807, 1812, and 1830 Diane Drive; 1720 and 1759 El Trinidad Drive; 1729 Evans Drive; 1704, 1713, 1751, and 1754 Grove Drive; 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive; 1818, 1825, and 1830 Marilyn Drive; 2762, 2784, 2794, and 2798 Morningside Drive; 1825 Skyland Drive; 2773 Terrace Drive; 1715, 1725, 1728, and 1736 Thomas Drive; 1810, 1818, 1819, 1826, 1827, 1834, 1835, and 1842 Winwood Drive, upon annexation into the City of Clearwater as Residential Low (RL); and whose post office addresses are 2773, 2777, 2781, 2785, 2789, Work Session 2010-09-07 17 2793, and 2797 Morningside Drive; 2700 SR 590; 2746 and 2752 Terrace Drive; upon annexation into the City of Clearwater, as Residential Low (RL) and drainage feature overlay. 13.3 Adopt Ordinance No. 8191-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1824 and 1848 Carlton Drive; 1807, 1812, and 1830 Diane Drive; 1720 and 1759 El Trinidad Drive; 1729 Evans Drive; 1704, 1713, 1751, and 1754 Grove Drive; 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive; 1818, 1825, and 1830 Marilyn Drive; 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, and 2798 Morningside Drive; 1825 Skyland Drive; 2700 SR 590; 2746, 2752, and 2773 Terrace Drive; 1715, 1725, 1728, and 1736 Thomas Drive; 1810, 1818, 1819, 1826, 1827, 1834, 1835, and 1842 Winwood Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 13.4 Adopt Ordinance No. 8192-10 on second reading, making amendments to the Clearwater Downtown Redevelopment Plan by adding a new policy supporting the outdoor display of bicycles associated with retail bicycle uses abutting the Pinellas Trail and by expanding the uses allowed east of Garden Avenue. 13.5 Adopt Ordinance No. 8203-10 on second reading, annexing certain real property whose post office address is 2271 Landmark Drive, together with abutting right-of- way on the north side of subject parcel and the right-of-way of Landmark Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 13.6 Adopt Ordinance No. 8204-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2271 Landmark Drive, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Recreation/Open Space (R/OS). 13.7 Adopt Ordinance No. 8205-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2271 Landmark Drive, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Open Space/Recreation (OS/R). 13.8 Adopt Ordinance No. 8210-10 on second reading, vacating the Drainage and Utility Easement portion commencing at the Southwest corner of Lot 252, Coachman Ridge Tract A-III, (P.B. 88, Pg. 73), run thence S89 55 59 E along the South property line of said Lot 252 a distance of 97.5 feet to the Point of Beginning; thence N 00 04 01 E a distance of 15 feet, thence S 89 55 59 E a Work Session 2010-09-07 18 distance of 48.1 feet, thence S 45 19 58 W a distance of 21.31 feet to a point on the South property line of said Lot 252, thence N 89 55 59 W a distance of 32.96 feet to the Point of Beginning. 14. City Manager Verbal Reports 14.1 Clearwater Country Club It was stated that the Clearwater Country Club wishes to terminate its lease with the city. Direction from Council was needed regarding the continuation of the golf course. In response to questions, Parks and Recreation Director Kevin Dunbar said if the facility were left as open space, the city would lose $150,000 in revenue and assume the maintenance cost, approximately $50,000 per year. The city would also incur demolition costs to raze current structures. The City Attorney said staff has been looking at need for a short-term management contract and then do an RFP (Request for Proposals) to select a long-term operator. Staff has spoken with Clyman's regarding a short-term agreement. In response to a concern, Mr. Dunbar said the current operators of the country club are in arrears with vendors. The city would be required to invest some money into the course to address the insect problems and irrigation issues. There was consensus for staff to negotiate a short-term agreement and then do an RFP to select a long-term operator. 15. Council Discussion Items 15.1 Limiting Hours for Outdoor Music It was stated that staff is still working on proposed ordinance. 15.2 Update on Pinellas County Digital Signs - Councilmember Jonson Councilmember Bill Jonson expressed concerns regarding digital billboards. Pinellas County has received a request to allow digital billboards with changing frequencies of 6 to 8 seconds. The County has placed this on hold pending completion of a Federal Traffic Distraction Study. Staff was directed to draft a letter to the County supporting changes only on Federal Aid Work Session 2010-09-07 19 Primary Highways and maintaining the 400 feet-spacing from residentially zoned property. 16. Closing Comments by Mayor - None. 17. Adjourn The meeting was adjourned at 12:00 p.m. Work Session 2010-09-07 20