09/20/2010
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
September 20, 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 - Deputy City Clerk.
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. Presentations - Given.
1.1 Service Awards
Four service awards were presented to city employees. The September Employee of
the Month Award was presented to Jeff Rosenbaum, Solid Waste/General Services.
The Bimonthly Team Award for September and October was presented to the
Employee Health Center Implementation Team: Dale Fitzpatrick, David Clark, John
Memmer, Carl Freeman, Leo Mazzullo, Tom Chaplinsky, J.C. Jones, Chris Topping,
Jerry Absher, Jaime Cuervo Garzon, Brian Dort, Charles Williamson, Kathleen
McMullen, Gene Nyland, Jeffrey Nolan, Chris Trauner, Michael Mouroukis, Angela
Aldrich, Patricia Warren, Earl Barrett, Heather Parsons, Betsy Clement, Shawn Stafford,
Alexis Wells, Julie Duffy, Chrystal Lee Lun, and Brian Craig.
1.2 Present NACWA Gold Awards to Loren Pratt and Jeff Borden for the East and
Northeast Wastewater Treatment Plants
Council recessed from 9:13 a.m. to 9:40 a.m. to meet as the Community
Redevelopment Agency and the Pension Trustees.
2. Office of Management and Budget
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2.1 Adopt Ordinance 8215-10 on second reading, declaring the millage rate to be
levied for the Fiscal Year beginning October 1, 2010 and ending September 30,
2011, for operating purposes including the funding of pensions, debt service, and
road maintenance for capital improvement expenditures at 5.1550 mills.
2.2 Adopt Ordinance 8216-10 on second reading, adopting an operating budget for
the Fiscal Year beginning October 1, 2010 and ending September 30, 2011.
2.3 Adopt Ordinance No. 8217-10 on second reading, adopting the Capital
Improvement Program budget for the Fiscal Year beginning October 1, 2010 and
ending September 30, 2011; approving the Six-Year Capital Improvement
Program which shall be reevaluated at the beginning of each fiscal year.
In response to a question, Budget Director Tina Wilson said staff works with the
Planning Department to ensure projects are consistent with the comprehensive plan.
2.4 Amend the City’s fiscal year 2009/10 Operating and Capital Improvement Budgets
at third quarter and pass Ordinances 8218-10 and 8219-10 on first reading.
The fiscal year 2009/10 Operating and Capital Improvement Budgets were
adopted in September 2009 by Ordinances 8100-09 and 8101-09. Section 2.521
of the City’s Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects. The memorandum and accompanying report provide this information and
outlines the issues at third quarter that require amendment.
3. City Auditor
3.1 Approve the filing of the Office Depot settlement offer with the State of Florida
Attorney General Settlement Administrator to obtain a claim estimated at
$59,999.96, resulting from the City being placed in a higher cost office supplies
pricing plan than originally approved. (consent)
In May 2009, City Audit began an audit of office supply purchases from Office
Depot (OD), after reading various articles and receiving information describing
allegations of apparent pricing discrepancies. Specifically, that customers did not
receive the proper discounts for all purchases made under an existing office
supplies purchasing agreement, known as the US Communities Contract. Audit
analyzed purchases made from March 30, 2006 through March 30, 2009, totaling
approximately $872,000. During this period, Clearwater piggybacked onto a
nationwide office products program known as the US Communities Contract for
Office and Classroom Supplies, awarded most recently (January of 2006), by the
County of Los Angeles, California (lead public agency) to OD.
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In summary, the audit identified the following, documented in an audit report dated
Oct 8, 2009:
In January 2006, coinciding with the beginning of their third term as contract
holder, OD introduced a new, second pricing option (Option 2) as an alternative to
the usual discount off list price format (frequently referred to as either Option 1 or
List Less 45% Pricing). This second option became known as Option 2 or Web
Less 10% pricing. In an October 23, 2008, memo sent by an OD Senior Vice
President to the Acting General Manager for Los Angeles County Purchasing, the
City of Clearwater was included in a listing of some 250 agencies participating in
the Option 2 program. In the memo, OD affirmed to Los Angeles County (the
Master Agreement holder) that each of the agencies had been contacted with
regard to Option 2 pricing. Furthermore, they affirmed that each agency had opted
to remain on Option 2 pricing and that each agency had signed an
acknowledgement indicating they had been provided a cost comparison. The City
of Clearwater has no documentation or recollection of such a meeting (reported to
us by OD as having taken place on May 6, 2008, over 2 years after the inception
of the Option 2 pricing). Furthermore, OD has been unable to provide said
confirmation/documentation to the City of Clearwater. Based on a lack of
confirmation from both the City and OD, it is clearly evident that Clearwater
(similar to other government entities) was placed in a different pricing program
(Option 2) without our knowledge, resulting in the City overpaying for office
supplies for nearly a three year period.
On June 23, 2009, Audit and Purchasing met with OD regional representatives to
discuss the Option 1, Option 2 pricing issue. OD offered to correct the situaton
through a credit for the higher priced Option 2 purchases (determine to be
$54,249.35 or 6% of the total purchased from OD for the stated period). However,
City Audit opted to completely audit the matter to ensure that OD complied with all
parts of the US Communities Contract pertaining to all purchases made by the
City.
Resources in California and the Florida Attorney General’s Office, who had or
were performing similar audits, were contacted to help identify additional specific
components pertaining to the contract. Audit subsequently identified 2 additional
pricing concerns: (1) misrepresentation of OD items as "wholesaler" items, and (2)
apparent violation of "most favored public entity pricing," resulting in identifying
additional overpricing totaling $112,081.69 (for a total of $166,331.04).
The audit requesting payment was forwarded to OD and a meeting with OD
corporate representatives was held on Dec 2, 2009. While OD agreed, in
principle, that the Option 1, Option 2 pricing issue did provide some
confusion/ambiguity and that OD would correct this through a refund, they
disagreed with our two other concerns, citing the City’s misunderstanding of the
US Communities contract pertaining to the misrepresentation of wholesaler items
and the most favored public entity pricing.
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City Audit then sought the Legal Department’s assistance to resolve the matter
with OD. After an exchange of numerous letters, OD’s refusal to accept our two
other concerns, and the possibility of litigation against OD, the Florida Attorney
General released, on June 2, 2010 (after a 2 year investigation), an Assurance of
Voluntary Compliance (AVC) agreement resulting in OD paying over $4.5 million
into an interest-bearing escrow fund to pay claims to customers (like Clearwater)
for the Option 2 pricing issue.
The AVC listed the allegations investigated, which included the same 3 reviewed
by City Audit. However, the Florida Attorney General determined that monetary
relief would only be sought and subsequently obtained on the Option 1, Option 2
pricing issue. The other two would most likely require lengthy and costly litigation
with no guarantee of any monetary relief. Consequently, the City Legal and Audit
departments agree with the AVC recommending that the City complete and
submit the claim form to recover the estimated $59,999.96 (includes interest) due
the City for being placed in a higher cost office supplies pricing plan without our
knowledge.
The AVC requires claim completion and submittal to the third party settlement
administrator no later than Nov 15, 2010. It is estimated upon claim approval, the
City will receive payment within a few weeks.
Additional information and spreadsheets referenced in the Office Depot Pricing
Audit Report are available for review in the City Audit department.
4. Economic Development and Housing
4.1 Approve an Agreement between the City of Clearwater and the Clearwater
Regional Chamber of Commerce (CRCC) to produce and distribute the Official
Clearwater, Florida Visitor Guide in Fiscal Year 2010-2011 at a cost of $26,000
and authorize the appropriate officials to execute same. (consent)
In Fiscal Year 2009-2010, the CRCC entered into a three-year contract with
Heron Publications to produce the annual Visitor Guide that includes Clearwater
and Clearwater Beach businesses. In 2010, the first year of the three-year
contract, 50,000 copies were printed.
Production of the Visitor Guide includes selling of advertisement space, writing
copy and verification of existing visitor information, photography, development of
graphic components and printing. The Visitor Guide will be produced both in print
and electronically.
The CRCC will also be responsible for the distribution/fulfillment of the Visitor
Guide. The print version is mailed to consumers, travel trade organizations and is
handed out at the I-10, I-75, and I-95 State Welcome Centers and Clearwater and
Clearwater Beach Visitor Information Centers. Visitor Guides are inserted in
appropriate group Welcome Packets to include the Outback Bowl, Jazz Holiday,
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Super Boat Races, Ironman, travel writers familiarization tours, conferences, etc.
The electronic version will be posted on visitclearwaterflorida.com. Request forms
will be available on the website for consumers to request a Visitor Guide by mail.
CRCC also accepts telephone and email requests.
The cost for the Visitor Guide includes copy writing and proofreading,
photography, graphic design, printing, electronic formatting, postage/shipping,
fulfillment company charge, envelopes and administrative costs. The personnel
involved in producing the Visitor Guide are Heron Publishing’s team, the CRCC
staff, and City of Clearwater staff. Final editorial and graphic sign off is the
responsibility of the CRCC.
$26,000 has been budgeted in the FY 2010-11 Economic Development and
Housing Department operating budget (contractual services) to fund this
agreement. Details are provided in the CRCC’s Scope of Work and Estimated
Costs Breakdown for FY 2010-11. The term of the contract agreement is one
year.
In response to a question, Economic Development and Housing Director Geri Campos
Lopez said the visitor guide will be mailed on request. Staff will review the mailing list
and reimburse CRCC on a monthly basis.
4.2 Award a contract for professional services pursuant to Clearwater RFP 17-10,
Development of an Economic Development Strategic Plan, to TIP Strategies, Inc.
of Austin, Texas, for a fee of $75,000, plus out-of-pocket expenses not to exceed
$5,000, and authorize the appropriate officials to execute same. (consent)
On June 1, 2010, the City Council approved the release of a Request for
Proposals (RFP) 17-10 for the Development of an Economic Development
Strategic Plan for the City of Clearwater. The RFP sought a qualified economic
development consultant firm to prepare a citywide Economic Development
Strategic Plan that would provide a framework for increasing the City’s tax base
with the ultimate goal of sustaining and expanding the economic base in order to
provide for a high quality of life for all residents.
Thirty-one firms responded to the RFP and their proposals were reviewed and
ranked by the five-member Evaluation Committee. Each proposal was rated
according to the firm’s experience and qualifications, the presented project
approach, quality of previous performance, and proposed cost.
The Evaluation Committee consisted of:
Michael Delk, Planning and Development Director; Geraldine Campos Lopez,
Economic Development and Housing Director; Rod Irwin, Assistant City Manager;
Kathleen Peters, Clearwater Regional Chamber of Commerce, Vice President of
Public Affairs and Chris Steinocher, Tampa Bay Partnership, Chief Operating
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Officer, SVP, Marketing & Business Development.
The Committee met on July 22, 2010, to discuss the proposals and short-listed
five firms that best met the selection criteria. These firms were invited for oral
presentations on August 17, 2010 and August 24, 2010 to further demonstrate
their qualifications. The firms invited included: Analytica (Newberry, FL), Bay
Area Economics (Emeryville, CA),
Fairfield Index, Inc. (Tampa, FL), SRI International (Arlington, VA), TIP Strategies,
Inc. (Austin, TX).
Upon completion of the oral presentations, the Committee re-evaluated and re-
ranked the remaining proposals. Based upon the strength of their proposal and
presentation, the Committee selected TIP Strategies, Inc. of Austin, Texas, for
recommendation to the Council.
The primary factors used in selecting TIP Strategies included:
Extensive experience related to the scope of work detailed in the RFP. This
includes numerous projects within their home state of Texas, which has a
competitive economic development environment, and many national
engagements. Several projects have been successfully completed in Florida,
including an economic development strategic plan for Lake County, Florida built
upon an in-depth economic assessment TIP performed.
Data presented and responses provided during their presentation indicated a solid
understanding of the challenges we face in measuring and expanding our
economic base.
Specific examples of innovative incentives which have been successful for
previous clients and unique ideas for possible incentives to be developed for the
City.
A strong focus on the development of realistic and practical benchmarks;
measuring the success of our strategic plan implementation, identifying our
position relative to our peers, and discovering best practices.
Widespread experience in both gathering input from stakeholders, using a variety
of methods, and building public support for economic development plans.
TIP proposes to conduct the work in three phases:
Phase 1Economic Analysis (Discovery) Timeframe: 2 months
This phase includes review of materials, interviews with knowledgeable sources
(individual and focus group meetings), and conducting a targeted analysis of
relevant economic and demographic trends to reach an understanding of
Clearwater’s economic base. Deliverables will include an economic analysis
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document (assessment, trends, and benchmarks).
Phase 2 Issue Identification and Prioritization (Opportunity) Timeframe: 2 months
This phase includes developing guiding principles, additional stakeholder
engagement, target industry and occupational analysis, SWOT analysis, and
opportunities analysis/workshop. Deliverables will include a vision for economic
development, target industry recommendations and profiles, and preliminary
opportunities and strategies for consideration.
Phase 3 Strategic Plan (Implementation) Timeframe: 2-3 months
This phase includes the development of strategies, a marketing plan, and an
implementation program. Deliverables will include the strategic plan, a marketing
strategy, and an implementation matrix that identifies actions to be taken,
priorities, and measurements for success.
TIP Strategies, Inc. will be paid the $75,000 in increments, upon completion of
each phase, plus out of pocket expenses not to exceed $5,000, for a total contract
amount not to exceed $80,000. The source of funds is $35,000 from the
Economic Development Professional Services budget and $45,000 from the City
Manager’s Flexibility Fund in special program project 181-99804.
Staff was directed to provide a copy of the RFP to Councilmember Bill Jonson.
4.3 Approve a one-year funding agreement, in the amount of $150,000 between
Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the
operation of transportation and trolley service on Clearwater Beach, Island
Estates and Sand Key and authorize the appropriate officials to execute same.
(consent)
The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been
operating trolley service throughout the Clearwater Beach, Island Estates, and
Sand Key areas since 1982. The non-profit’s mission is to reduce congestion and
improve mobility in this area for both tourists and residents. The Jolley Trolley now
transports 140,000 passengers per year, reducing approximately 80,000 vehicles
on Clearwater Beach. In addition, the Jolley Trolley has become a tourist venue
that differentiates Clearwater Beach from other beaches in the area.
The Jolley Trolley has achieved many accomplishments since the change in
leadership in March 2009. With a new Executive Director, the following have been
accomplished:
Increased ridership, advertising revenues, and charter
Ordered a new trolley to be delivered in Fall 2010
Developed a website, www.clearwaterjolleytrolley.com, with search engine
optimization
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Improved advertising displays in/on trolleys
Trained drivers to be "Ambassadors of Tourism"
Implemented new schedule with 99% on-time frequencies
Initiated a new map and schedule of routes (every 30 minutes)
Partnered with the PSTA that lead to an increase in ridership (113%)
No incidents or accidents have been reported
Successfully negotiated with the DDB, with continuing negotiations with Dunedin,
to participate in funding, with matching PSTA funds, for service between
Clearwater Beach, Downtown Clearwater and Dunedin on Fridays, Saturdays and
Sundays
As part of this agreement, the Jolley Trolley will prepare a quarterly report that
tracks high- level financials, ridership numbers, accident frequency, and on-time
adherence to schedule. The City will use these items as a measure of
performance.
$150,000 has been budgeted in the Parking Fund’s Fiscal Year 2010-11 operating
budget to fund this agreement. The Jolley Trolley’s Business Plan covers the
proposed revenues and expenditures for 2010 and 2011 and a year-end summary
of activities. The term of the agreement is for one year.
The Economic Development and Housing Department administers the agreement.
5. Fire Department
5.1 Approve the October 1, 2010 one-year extension to the Emergency Medical
Services Advanced Life Support First Responder Agreement between Pinellas
County and City of Clearwater and authorize the appropriate officials to execute
same. (consent)
The Pinellas County Emergency Medical Services Authority (EMS Authority) is a
special district created for the purpose of providing Emergency Medical Services
(EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida,
and Chapter 54, Article III, Pinellas County Code, as amended.
Pinellas County has contracted with various municipalities and independent
special fire districts in the County to provide First Responder Services and has
also contracted with an Ambulance Contractor to provide emergency and non-
emergency transport services.
Through this contract, Clearwater Fire and Rescue will provide advanced life
support services to the residents of the City of Clearwater and to individuals within
the unincorporated area of Pinellas County that are 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.
In 1997, the EMS Authority signed a 10-year agreement with the contract
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providers that expired on September 30, 2007. The EMS Authority and the
contract providers negotiated a five-year Agreement commencing October 1,
2007 and ending at midnight September 30, 2012. This agreement funded six (6)
rescue units and two (2) advanced life support (ALS) fire engines. In a letter dated
July 25, 2008, Pinellas County terminated this agreement effective September 30,
2009, citing decreased tax revenue due to Amendment 1 and declining property
values.
The County began a review in 2010 of the Emergency Medical Services system.
While the study was on-going, the EMS Authority proposed, and the City
accepted, a one-year contract commencing October 1, 2009 and ending at
midnight September 30, 2010. The contract funded five (5) rescue units and three
(3) advanced life support (ALS) fire engines. The City chose to provide additional
funding to operate a 6th rescue unit, Rescue 50, in place of one of the ALS
engines.
The study of the EMS system has not been completed. The EMS Authority has
proposed a one-year extension to the 2010 contract. The extension would
commence October 1, 2010 and end at midnight September 30, 2011. Under the
proposed extension the County will reimburse the City for the same five (5) rescue
units and three (3) advanced life support (ALS) engines as under the previous
contract year. The City, however, will discontinue the additional funding necessary
to operate Rescue 50. The City will upgrade Engine 50 from a basic life support
(BLS) engine to an advanced life support (ALS) engine, instead. The upgrade is
accomplished by replacing a firefighter with a fire medic and transferring ALS
equipment to the engine.
In an effort to control costs the County will reimburse cities for reasonable and
customary costs, as opposed to fixed compensation amounts from past years,
and the County will assume responsibility for providing electrocardiogram (EKG)
monitoring/defibrillation equipment.
Compensation for the fiscal year commencing October 1, 2010 shall be
$5,047,389.00, which is $152,184.00 higher than the current fiscal-year payment
of $4,895,205.00. Compensation is to be paid in arrears in equal monthly
installments beginning on November 1, 2010.
In response to a question, Assistant City Attorney Rob Surette said the county has
authority to establish reasonable costs and set standards. Administration Support
Manager Marty Moran said the county will be giving $150,000 more than last year.
6. Financial Services
6.1 Authorize a not to exceed amount of $400,000, to pay Gallagher Bassett
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Services, Inc., for workers compensation claims due and payable for the period
October 1, 2010 to September 30, 2011, and authorize the appropriate officials to
execute same. (consent)
The $400,000 amount represents an estimate of claims expenses for the next
fiscal year that will become due and payable as a result of workers’ compensation
claims occurring between 1984 and 1991.
The City of Clearwater is self-administered for the majority of its workers’
compensation claims, but a handful of claims (16 as of October 1, 2009) are still
administered by the City’s former third party administrator, Gallagher Bassett
Services, Inc. The City’s Risk Management Division pays a fee of approximately
$4,000 per year for continued third party services on these claims.
6.2 Approve payment of insurance premiums up to $600,000, with effective dates
beginning October 1, 2010 to September 30, 2011 and authorize the appropriate
officials to execute same. (consent)
The Risk Management Division of the Finance Department purchases certain
insurance coverages for the City. This insurance is purchased through the efforts
of two brokers: Wells Fargo and Arthur J. Gallagher and Company. (Florida).
Risk Management is recommending approval of the following coverages and any
other coverages that may become desirable throughout the year at a cost not to
exceed $600,000.
Policy Term 2009/2010 Expiring Premium 2010/2011Estimated Premium Crime
and Dishonesty10/1/10-10/1/11$ 17,545$ 17,400Excess Liability/WC10/1/10-
10/1/11$373,760$368,650EMS coverage10/1/10-10/1/11$ 80,260$ 83,760Flood
(specific properties)Annual term varies$ 25,835$ 35,000Storage Tank
Liability5/20/11-5/20/12$ 11,678$ 25,000Fire Boat5/22/11-5/22/12$ 5,823$
6,450Marina Oper. Legal Liab.10/1/10-10/1/11$ 16,160$ 17,085Contingency$
68,939$ 46,655Total$600,000$600,000
6.3 Approve the restructuring of the U.S. Department of Energy Block Grant to move
$244,000 grant funding from Electronic Plan Submittal project 181-99857 to City
Facilities Retrofits project 181-99859 and move $244,000 of General Fund
reserves from Honeywell project 315-94527 to Electronic Plan Submittal project
181-99857. (consent)
On October 22, 2009, Council approved the U. S. Department of Energy Block
Grant to fund the following projects:
LEED Training and Certification - $18,000
Electronic Plan Submittal & Review - $244,000
Clearwater Energy Efficiency Conservation and Mobility Strategies - $350,000
Energy Efficiency Retrofit in City Facilities - $463,400
Total - $1,075,400
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Since that time:
The grantor is encouraging recipients to spend the grant funds as quickly as
possible.
The Council awarded a contract on May 20, 2010 to Honeywell for City facility
retrofit energy improvements in the amount of $3,498,000 to be funded with
$463,400 in grant funds as well as other funds including $808,592 of General
Fund reserves.
The Electronic Plans Submittal and Review project will take more time to
complete than the City Facilities Retrofits project.
Once staff became aware that the City could spend the grant funds in a more
timely manner by allocating more grant funds to the City Facilities Retrofits project
181-99859 , replacing reserve funding, we made a request to the U. S.
Department of Energy to restructure the grant. This request has been granted
and staff requests Council permission to move grant funding from Electronic Plan
Submittal project 181-99857 to City Facilities Retrofits project 181-99859 and
move $244,000 of General Fund reserves from Honeywell project 315-94527 to
Electronic Plan Submittal project 181-99857.
Both projects will stay the same in total.
A quarterly budget amendment will move $244,000 grant funding from Electronic
Plan Submittal project 181-99857 to City Facilities Retrofits project 181-99859 and
move $244,000 General Fund reserves from Honeywell project 315-94527 to
Electronic Plan Submittal project 181-99857.
6.4 Increase the authorized not-to-exceed amount for actuarial services to be
performed for the City by Gabriel, Roeder, Smith and Company by $100,000 to
cover the estimated cost of preparing an analysis of the costs/savings of potential
pension plan changes for a new City not-to-exceed amount of $160,000.
(consent)
Gabriel, Roeder, Smith and Company was selected through an RFP process and
a five- year contract was awarded in December 2009. The contract was split
between services to be paid from the Pension Plan of $210,000 for pension plan
actuary work and services to be paid from City funds of $60,000 for OPEB (Other
Post Employment Benefits) calculations required for financial reporting.
Since that time, the Council has requested that City staff work with our actuary to
analyze the costs/savings of various potential pension plan changes. The
Pension attorney has stated that the costs for such analysis should be paid from
City funds rather than from Pension Funds.
In August, the Council authorized spending up to $200,000 from City funds for
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legal and actuary work related to this project. Staff estimates that it will cost
approximately $100,000 for the actuary work, however, this is a not-to-exceed
amount and the City will only pay for work that is performed in accordance with
approved work orders. Staff will return to Council if more funds are needed,
depending on how complicated this project becomes.
The current City approved not-to-exceed amount is $60,000 (for OPEB
calculations). The addition of this $100,000 authorization (for pension changes)
brings the not-to-exceed amount to be paid from City funds to $160,000.
In response to a question, Finance Director Margie Simmons said the fee is due to
nature of request to cost out 17 alternatives and then looking at them in combinations.
Staff was directed to provide information regarding the cost per hour and number of
hours required.
6.5 Authorize staff to proceed with the potential refunding of the Water and Sewer
Revenue Bonds, Series 2002. (consent)
The Water and Sewer Revenue Bonds, Series 2002 have interest rates ranging
from 4 to 5%. Current bond market conditions lead us to believe that we can
refinance these bonds with a present value savings of 4 to 6% ($2 to $3 million).
Excerpts from the City’s Debt Policy provide that:
The outstanding debt will be reexamined periodically to determine whether an
economical advantage exits for refinancing the outstanding debt given changes in
the interest rate and bond market. As a general rule, the present value savings of
a particular refunding should exceed 5% while maintaining a similar maturity
schedule to the original debt.
Negotiated Sale. The City may elect to sell its bond obligations through a
negotiated sale. This method will usually be considered when the bond issue is
refunding a prior issue or there is a unique or unusual component to the bond
issue.
Staff proposes the City proceed with the potential refunding with the following
conditions and understandings:
1. Prepare the appropriate resolutions, offering statements, and other documents
with the assistance of the City’s financial advisor, bond council, and disclosure
council. It is expected that Council will approve the Bond Sale Resolution at the
November 5, 2010 Council meeting.
2. If appropriate savings do not appear to be feasible, all work will stop and the
refunding will not proceed. However, once all documents have been approved,
the markets can continue to be accessed and the bonds can be refunded if and
when the market is favorable. Staff will consider less than a 5% present value
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savings, depending on the dollar amount of the savings.
3. If appropriate savings do not materialize, once the City begins working with the
three rating agencies, costs of approximately $60,000 will be incurred. Other
costs will not occur unless the bonds are refunded.
4. Proceed with a negotiated sale (rather than competitive) as permitted by the
policy due to market conditions and the fact that this is a refunding bond.
5. Use the same underwriting team of Wachovia Bank National Association (now
Wells Fargo Securities), RBC Capital Markets Corporation, Fifth Third Securities,
Inc, and Merrill Lynch, Pierce Fenner ad Smith Incorporated, as was used for the
2009 Water and Sewer Bond issue. These underwriters were selected via an
Request for Proposal (RFP) process and staff was very satisfied with the results
of that negotiated sale.
In response to questions, Finance Director Margie Simmons said the principal is $48
million and includes transaction costs. Raymond James Financial Advisor Matt
Sansbury said the current rate fluctuates on a daily basis but averages below 1% to
4.25%. The savings is based on rates as of September 14, 2010. There is a 1% call
premium on December 1, 2011 and no penalty in 2012.
6.6 Authorize the waiving of the City’s rights to issue Recovery Zone Economic
Development Bonds and Recover Zone Facility Bonds and authorize the
appropriate officials to execute same. (consent)
The American Recovery and Reinvestment Act (ARRA) passed by Congress in
February 2009 created two new bond programs: Recovery Zone Economic
Development Bonds and Recovery Zone Facility Bonds (descriptions of the bonds
at the end of this agenda item).
The City of Clearwater received allocations for the ability to issue such bonds in
the amounts of $2,697,000 and $4,045,000, respectively.
The City has reviewed this program to determine if it fits into capital and financial
plans, as well as, worked with Pinellas County to see if the City could partner to
use these allocations. No suitable project has been found for these bonds.
The authority to issue these Recovery Zone Bonds expires on December 31,
2010. In an effort to maximize the allocation that has been made to the State of
Florida, a process for waiving the City’s unused allocations has been developed.
This will provide other local governments that have qualified projects an
opportunity to use Recovery Zone Bonds, in addition to promoting job growth and
stimulus for the State.
This information will be provided to the Governor’s Office of Tourism, Trade and
Economic Development who will develop an application process for cities that did
not receive an allocation to be able to receive unused allocations that have been
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waived.
Recovery Zone Bonds
A category of Build America Bonds (BABs) for public infrastructure and facilities in
"recovery zones"
Recovery zones are designated by the issuer as:
Any area with significant poverty, unemployment, or home foreclosure rates,
any area currently designated as an Empowerment Zone or Renewal Community,
and
any area designated as economically distressed by reason of closure or
realignment of a military installation pursuant to the Defense Base Closure and
Realignment Act of 1990
Eligible issuers include the State and local governments and certain "on-behalf-of"
issuers
BABs may be issued as tax credit bond or a "Direct Payment" taxable bond
Benefit to issuer of a Recovery Zone Economic Development Bond is a 45%
interest subsidy
100% of proceeds (net of debt service reserve and 2% cost of issuance cap) must
be used for qualified economic development purpose
Qualified economic development purposes include promoting development or
other economic activity in a recovery zone:
Proceeds can NOT be used for private activity
US allocation of $10 billion allocated among the States in proportion to their
relative 2008 job losses
Suballocations to counties and large municipalities within a State made on the
basis of relative job losses
Locality may waive its allocation for further allocation within the State
Counties may allocate portion of their allocation to cities within the county or, in
most cases, to development authorities within the county.
Must be issued by December 31, 2010
Recovery Zone Facility Bonds
A new category of tax-exempt private activity bonds for financing economic
Council 2010-09-20 14
development in "recovery zones"
Proceeds can be used to finance depreciable property used in a trade or business
in a Recovery Zone that:
Eligible issuers include those entities currently eligible under state law to issue
private activity bonds.
US allocation of $15 billion allocated among the States in proportion to their
relative 2008 job losses.
Suballocations to counties and large municipalities within a State made on the
basis of relative job losses.
Locality may waive its allocation for further allocation within the State.
Must be issued by December 31, 2010.
The Council recessed from 10:30 a.m. to 10:38 a.m.
7. Gas System
7.1 Approve the first renewal of the contract (Purchase Order) with Mastec North
America, Inc. for the period October 1, 2010 to September 30, 2011, for the
installation of Gas Mains and Service Lines in the amount of $940,000 and
authorize the appropriate officials to execute same. (consent)
Mastec North America, Inc., 7221 East Martin Luther King Blvd, Tampa, FL is one
(1) of two (2) contractors who install gas mains and service lines for Clearwater
Gas System (CGS) to meet residential, commercial and industrial customer
requirements.
Mastec was the lowest bidder on bid 26-09 Installation of Gas Mains and Service
Lines at Various Locations with an actual bid amount of $944,350. This will be the
first rollover/renewal of bid 26-09.
Mastec has agreed in writing to hold current pricing on the estimated quantities for
gas mains and service lines for the period October 1, 2010 to September 30,
2011, and has provided a Performance Bond and Proof of Insurance.
Funds are available in CIP 315-96377, Pinellas New Mains and Service Lines, to
support these requirements.
Council 2010-09-20 15
8. Human Resources
8.1 Approve the agreement as negotiated between the City of Clearwater and the
Fraternal Order of Police Supervisors for the period October 1, 2010 through
September 30, 2012 and authorize the appropriate officials to execute same.
The most recent collective bargaining agreement between the City of Clearwater
and the Fraternal Order of Police Supervisors bargaining unit is in effect until
September 30, 2012. In conjunction with Article 9, Section 1, E. of the Agreement,
which states in part that the Section "may be re-opened upon the written request
of either party no sooner than 90 days prior to September 30, 2010 for the
purpose of negotiating rates of pay and/or adjustments to pay range minimums
and maximums for any bargaining unit members or represented job classifications
for the period from October 1, 2010 through September 30, 2011," the City
requested that the Union voluntarily agree to re-open other provisions of Article 9
in addition to Section 1 of the Agreement in order to negotiate possible cost
saving measures that could help to alleviate the City’s current budget shortfall.
The Fraternal Order of Police Supervisors agreed to this re-opener through a
Memorandum of Understanding with the City stipulating that should the parties not
be able to reach a mutual agreement on any issues negotiated through the re-
opener, the negotiations would cease and neither the City nor the Union would
have the right to declare an impasse.
On August 19, 2010, the parties reached a Tentative Agreement that was
subsequently submitted by the Union to its members who ratified the agreement
by a vote of 33 to 10 on August 28, 2010. The Agreement provides that pay range
minimums and maximums for classifications represented by the bargaining unit
will not be adjusted, and that employees will not be provided with an across-the-
board general wage adjustment, for the period from October 1, 2010 through
September 30, 2011. The Agreement also provides that each bargaining unit
member shall be subject to one, eight-hour unpaid furlough day during the period
from October 1, 2010 through September 30, 2011, and one, eight-hour unpaid
furlough day during the period from October 1, 2011 through September 30, 2012,
with such days to be scheduled at the discretion of the Police Department. The
furlough days for this bargaining unit will result in a savings of approximately
$14,400 in each fiscal year. The Agreement also provides that for the period from
October 1, 2010 through September 30, 2012, the City shall not contract with
another entity to supplant or displace any budgeted positions currently
represented by the Fraternal Order of Police Supervisors bargaining unit.
This agreement does not preclude the City from pursuing cost savings or
operational consolidations, including the reduction of budgeted positions, that do
not result in the supplanting or displacing of any bargaining unit member by an
outside source.
8.2 Approve the agreement as negotiated between the City of Clearwater and the
Fraternal Order of Police Officers for the period from October 1, 2010 through
Council 2010-09-20 16
September 30, 2012 and authorize the appropriate officials to execute same.
The most recent collective bargaining agreement between the City of Clearwater
and the Fraternal Order of Police Officers bargaining unit is in effect until
September 30, 2012. In conjunction with Article 9, Section 1, B. of the Agreement,
which states in part that the Section "may be re-opened upon the written request
of either party no sooner than 90 days prior to September 30, 2010 for the
purpose of negotiating rates of pay and/or adjustments to pay range minimums
and maximums for any bargaining unit members or represented job classifications
for the period from October 1, 2010 through September 30, 2011," the City
requested that the Union voluntarily agree to re-open other provisions of Article 9
in addition to Section 1 of the Agreement in order to negotiate possible cost
saving measures that could help to alleviate the City’s current budget shortfall.
The Fraternal Order of Police Officers agreed to this re-opener through a
Memorandum of Understanding with the City stipulating that should the parties not
be able to reach a mutual agreement on any issues negotiated through the re-
opener, the negotiations would cease and neither the City nor the Union would
have the right to declare an impasse.
On August 19, 2010, the parties reached a Tentative Agreement that was
subsequently submitted by the Union to its members who ratified the agreement
by a vote of 87 to 12 on September 2, 2010. The Agreement provides that pay
range minimums and maximums for classifications represented by the bargaining
unit will not be adjusted, and that employees will not be provided with an across-
the-board general wage adjustment, for the period from October 1, 2010 through
September 30, 2011. The Agreement also provides that each bargaining unit
member shall be subject to one, eight-hour unpaid furlough day during the period
from October 1, 2010 through September 30, 2011, and one, eight-hour unpaid
furlough day during the period from October 1, 2011 through September 30, 2012,
with such days to be scheduled at the discretion of the Police Department. The
furlough days for this bargaining unit will result in a savings of approximately
$48.735 in each fiscal year. The Agreement also provides that for the period from
October 1, 2010 through September 30, 2012, the City shall not contract with
another entity to supplant or displace any budgeted positions currently
represented by the Fraternal Order of Police Officers bargaining unit.
This agreement does not preclude the City from pursuing cost savings or
operational consolidations, including the reduction of budgeted positions, that do
not result in the supplanting or displacing of any bargaining unit member by an
outside source.
9. Information Technology
9.1 Award a contract (Purchase Order) to State of Florida, Department of
Management Services, Tallahassee, Florida for Suncom long distance overflow
service, State AIN Centranet lines, and toll free lines during the period of October
1, 2010 to September 30, 2011, at a cost not to exceed $103,530 in accordance
Council 2010-09-20 17
with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1,
and authorize the appropriate officials to execute same. (consent)
The total Department of Management Services purchase order of $103,530 is
broken out as follows: Toll Free number into the network, $60; Centranet lines
(462 numbers) for the outlying individual sites, $102,620; and Domestic overflow
long distance calls through Suncom, $850.
This Purchase Order amount is a reduction of $39,620 from a year ago.
In response to a question, Information Technology Director Dan Mayer said the cost
savings are due to less users.
9.2 Award a contract (Purchase Order) to Oracle America Inc., Redwood Shores,
California for the period October 1, 2010 through September 30, 2011 for
database maintenance at a cost not to exceed $194,320 in accordance with Sec.
2.564 (1)(b), Code of Ordinances, sole source and authorize the appropriate
officials to execute same (consent).
This is an annual contract for Peoplesoft (payroll system) at $99,200; Oracle
(database licensing) at $26,120 and Oracle WAM maintenance (asset
management system) at $69,000. This Purchase Order represents a $5,320
(2.8%) increase from a year ago.
9.3 Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California for
cellular/radio, Treo and Blackberry services for the period November 1, 2010
through October 31, 2011 in an amount not to exceed $308,100 in accordance
with Sec. 2.564(1)(d), Code of Ordinances, under State Contract 1523 and
authorize the appropriate officials to execute same. (consent)
This is a renewal of service for the City’s cell phones, radio’s, Treo’s and
Blackberry’s ($164,100), and also incorporates all of the wireless cards for the
Police Department’s patrol vehicles previously supplied by Alltel ($144,000).
This Purchase Order represents an increase of $22,100 (7.7%) from the previous
year.
Staff was directed to provide more information regarding the monthly cost.
9.4 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg,
Florida for telephone service including frame relay service, T1’s, credit/collect
calls, backup trunks, VADI circuit, and DSL high bandwidth services during the
period October 1, 2010 to September 30, 2011, at a cost not to exceed $312,800,
Council 2010-09-20 18
in accordance with Sec. 2.564 (1)(e), Code of Ordinances, impractical to bid and
authorize the appropriate officials to execute same (consent).
The total Verizon Purchase Order is $312,800, broken down as follows: Frame
relay, Point to Point, T1’s, and radio circuits for the network, $251,800; backup
trunks for the PBX network in case the T1’s fail, $11,000; DSL/High bandwidth
service for Parks and Recreation, Fire, Engineering and Solid Waste transfer
station, and VADI circuit, $50,000.
This Purchase Order represents a reduction of $59,370 from last year.
10. Parks and Recreation
10.1 Approve blanket purchase order contract with Grosz Stamper Inc. of Tampa, FL,
in the amount of $200,000 for the purchase of labor, materials and equipment to
perform various concrete projects including sidewalks, slabs, and curbs for a
variety of parks and recreation maintenance and construction projects and
authorize the appropriate officials to execute same.(consent)
Staff is requesting a blanket purchase order be awarded to Grosz Stamper Inc. of
Tampa, FL, who was the lowest most responsive bidder (Bid 24-10) for concrete
sidewalks and flatwork. The City is not obligated to use any or all of the amount
being requested.
With over 100 parks in the City there is a steady supply of minor work projects
needed to repair sidewalks and bike paths in parks, construct and repair bleacher
pads, dugouts and flatwork at ballfields and parks. It is difficult and time
consuming to get quotes and/or bids for each small project and we find that we
get better pricing by going with larger contracts/Blanket Purchase Orders’.
Any large construction project that exceeds the $100,000 limit will be bid out
separately according to current City policy and brought before the Council for
approval.
Funding for this Blanket Purchase Order will come from a variety of operating and
Capital Improvement codes in the Parks and Recreation Department.
10.2 Amend Section 22.24 of the City of Clearwater Code of Ordinances to include
reference to Appendix A, Schedule of Fees, Rates and Charges, correcting minor
scriveners error in subsection numbering and amending Appendix A to define
permanent residence and pass Ordinance 8214-20 on first reading.
Section 22.24 of the City of Clearwater Code of Ordinances regulating beaches,
park property and the Courtney Campbell Recreation Area has been included in
Appendix A, "Schedule of Fees, Rates and Charges" however; reference to where
to locate these fees were omitted from the Code.
Ordinance 8214-10 adds clarification so that persons may clearly locate Appendix
Council 2010-09-20 19
A. The following sentence has been added to Section 22.24; "See Appendix A for
Schedule of Fees, Rates and Charges for the use of Parks and Recreation
facilities."
In addition, this Ordinance corrects minor scrivener’s errors in the subsection
numbering of Section 22.24.
Last, is the request to amend Appendix A to define "permanent residence" for
purposes of the application of fees. From time to time, we have persons
requesting residential status and use of recreational facility as residents of
Clearwater who in fact are not. This amendment will clearly define who is and
who is not a resident of Clearwater as it relates to the application of fees.
In response to questions, Parks and Recreation Director Kevin Dunbar said no changes
were made to the hours of operation. Hours of operation for each park facility are
based on illumination, typically sunrise to sunset. In the case of Crest Lake Park, lights
were requested to allow people to walk in the park at night. Police Chief Anthony
Holloway said the department does not have an issue with Crest Lake Park being open
until 11:00 p.m.
In response to a suggestion, the City Attorney said amending the closing hour to 9:00
p.m. would require another ordinance.
Staff was directed to provide information regarding crime statistics for Crest Lake Park.
11. Police
11.1 Approve acceptance of a Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of
$87,366 and authorize the appropriate officials to execute same. (consent)
On July 15, 2010, the City Council approved submission of a Clearwater Police
Department (CPD) grant application in the amount of $87,366 under the federal
Justice Assistance Grant (JAG) program to purchase an in-car digital video
camera system and four motorcycle helmets. The grant was officially awarded by
the DOJ/BJA on August 23, 2010.
The video cameras will be installed in patrol cars utilized by CPD’s Traffic Team
and regular Patrol Officers. The cameras will be used for the following: red light
enforcement; DUI enforcement; pedestrian/traffic enforcement; and enforcement
of Florida’s Move Over Law. Grant goals will be to reduce the number of these
violations.
CPD currently employs four police officers for its Police Motorcycle Unit. Each
member of the Motorcycle Unit is required to wear a U.S. Department of
Transportation approved motorcycle helmet. The helmets currently in use by the
Council 2010-09-20 20
Unit are due for replacement and replacement cost is not budgeted in the
Department’s budget. CPD will utilize JAG grant funding to purchase new helmets
for each of the four members of the Motorcycle Unit.
The only cost associated with this grant is for the annual software maintenance
fee for the video camera system. The grant will pay the fee in Year 1 of the grant;
CPD has funds in its operating budget to pay the amount that will not be covered
by the grant in Year 2. The video cameras will replace cameras that were
purchased under a previous grant and are no longer functional. Ongoing
maintenance expenses have already been included in CPD’s operating budget.
There are no additional costs associated with this project, such as, additional
personnel or cash match.
Special Project 181-99257 has been established to account for the grant
expenditures.
12. Solid Waste/General Support Services
12.1 Award a contract (Purchase Order) to Atlantic Truck Center of Pompano Beach,
FL for the purchase of one (1) M2-106 Freightliner Conventional Chassis at a cost
of $57,953.00 in accordance with Sec. 2.56(1)(d), Code of Ordinances - Other
governmental bid; authorize lease purchase under the City’s Master Lease
Purchase Agreement for the amount of $43,706.75 and authorize the appropriate
officials to execute same; establish Project 316-94239, Public Utilities Boom
Truck, at third quarter. (consent)
The Chassis will be purchased through the Florida Sheriff’s Association and
Florida Association of Counties Contract 09-17-0908, Specification number 56.
The truck (G2305) was involved in an accident on April 1st, 2010 with a car driven
by a private citizen. The other driver was found at fault and State Farm Insurance
agreed to a settlement of the claim for $14,246.25. The settlement included the
salvage value of the chassis for $9,000.00 and the cost to remove and install the
body and crane from the old chassis to the new one for $5,246.25.
The settlement costs of $14,246.25 will be used toward the purchase of the new
chassis and the balance of the costs will be funded under the lease purchase
agreement.
13. Public Utilities
13.1 Approve a contract (purchase order) for MicroCg with Environmental Operating
Systems of Bourne, MA for the period September 24, 2010 through September
30, 2011, for a value of $200,229.75 and authorize the appropriate officials to
execute same. (consent)
Council 2010-09-20 21
MicroCg is an agriculturally derived chemical that optimizes the biological removal
of nitrogen, a pollutant in wastewater. Nitrogen removal during wastewater
treatment is required in order to protect the marine environment and maintain
Florida Department of Environmental Protection permit compliance. MicroCg is a
proprietary, supplemental, carbon source that is non-flammable and does not
pose a fire hazard to the plant operators or the facilities.
Under normal operations, small quantities of MicroCg are used to compensate for
biological variations or to "polish" wastewater denitrification and to maintain
regulatory compliance. With the start of active construction of the East WRF
Anoxic Tank Rehabilitation project (estimated to start in January 2011), the daily
dosage of MicroCg required to maintain permitted treatment levels will need to
increase. This project will require taking series of tanks or portions of the plant out
of service where denitrification normally occurs slowly. During construction, an
increased dosage of MicroCg will be used to accelerate denitrification within the
remaining tanks in service. The East WRF Anoxic Tank Rehabilitation project is
estimated to require an additional 2500 gallons of MicroCg over the course of the
construction impact to the plant. The estimated quantities for the contract period
include both normal operations at all three plants and operations during
construction at the East facility.
The City is currently purchasing MicroCg from the manufacturer, Environmental
Operating Systems (EOS), for a 2009 negotiated price of $2.94/ gallon. EOS
extended the 2009 price quote to the City for an additional six months in March
2010. The proposed contract price is $3.00/ gallon, which represents a 2.04%
increase over the price of $2.94 per gallon previously negotiated in May 2009.
This current proposal from EOS guarantees the price through September 30,
2011.
Sufficient budget is available in the WPC Operations operating cost center 0421-
01351-551000-535-000-0000 to fund FY2009/2010 in the amount of $18,632.25
and to fund FY2010/2011in the amount of $181,597.50.
13.2 Award a contract (purchase order) to Odyssey Manufacturing Company, of Miami,
FL, for the purchase of Sodium Hypochlorite in the amount of $1,411,083.51,
during the contract period October 1, 2010, through September 30, 2013, as the
most responsive bid for RFP 25-10, and authorize the appropriate officials to
execute same. (consent)
Sodium Hypochlorite is used at the Water Treatment Plants and the Advanced
Wastewater Treatment Facilities to maintain regulatory compliance with the City’s
existing Potable water and Wastewater treatment facilities’ operating permits,
specifically for the disinfection process for Potable Water and Wastewater
Treatment as mandated by the Florida Department of Environmental Protection
(FDEP).
The bid was advertised on July 16, 2010, and two bids were received on August
Council 2010-09-20 22
30, 2010. Allied Universal Corp. did not fully submit all documents as required in
RFP 25-10. Upon request Allied Universal Corp submitted the NSF laboratory
results for 2009, which shows an unacceptable level of bromate in the analysis.
This bidder has been disqualified. The most responsible bidder is Odyssey
Manufacturing Co., with a price of $0.685 per gallon for the first year, with a total
estimated bid amount of $456,408.65. If the parties agree to renew, the new price
for the second period shall be the Base Price multiplied by the cumulative change
in the Bureau of Labor Statistics Producer Price Index (PPI) for the period of
October 1, 2011, through September 30, 2012. If the parties agree to renew for a
third period, the new price shall be the price in the first renewal period multiplied
by the cumulative change in the PPI for the period of October 1, 2012 through
September 30, 2013.
This agenda item is for the approval of a three-year contract, assuming a 5%
increase over the contract period dependent upon PPI increases, including an
estimated increase in potable water production of 1 mgd in 2012, due to plant
expansion, not to exceed $1,411,083.51. The recommended contract will replace
our current BPOs for Sodium Hypochlorite (BR506315, BR505766, and
BR506074). The new bid represents an 8.029% reduction in cost for the first year.
(Current price from Odyssey is $0.74 per gallon.)
Sufficient budget is available in the Water and Sewer Utility Fund operating cost
center 0421-02053-551000-533-000-0000 for Water in the amount of $86,508.65
and 0421-01351-551000-535-000-0000 for WPC Operations in the amount of
$369,900.00, to fund FY10/11 in the amount of $456,408.65, and is planned in the
budget request in the Water and Sewer Utility Fund operating cost center 0421-
02053-551000-533-000-0000 for Water in the amount of $97,918.87 and 0421-
01351-551000-535-000-0000 for WPC Operations in the amount of $369,900.00
to be brought forward for FY11/12 in the estimated amount of $467,818.87 and is
planned in the budget request in the Water and Sewer Utility Fund operating cost
center 0421-02053-551000-533-000-0000 for Water in the amount of $116,956.00
and 0421-01351-551000-535-000-0000 for WPC Operations in the amount of
$369,900.00, to be brought forward for FY12/13 in the estimated amount of
$486,856.00.
These dollar amounts may be adjusted to reflect a dollar amount based on actual
use at the time of renewal.
14. Engineering
14.1 Accept a 136 square-foot Sidewalk, Signal Cabinet and Utilities Easement over,
under and across a portion of the Northwest 1/4 of Section 15, Township 29
South, Range 15 East, as more particularly described therein, conveyed by 1133
Cleveland Properties, LLC, a Florida limited liability company, granted in
consideration of receipt of $2,856 and the benefits to be derived therefrom.
(consent)
Council 2010-09-20 23
The City is finalizing plans for Cleveland Street Streetscape, Phase II - Myrtle
Avenue to Missouri Avenue.
This element of the City’s Master Streetscape and Wayfinding Plan will extend a
modified palette of the downtown Cleveland Street roadway improvements
through the Town Lake Character District.
The subject easement formally conveys and documents perpetual easement
authority to the City over, across and under the lands described therein occupied
by an existing traffic signal cabinet.
The $2,856 consideration paid to acquire the 136 square foot easement was
negotiated at double the Property Appraiser’s assessed value for the land of
$10.50 per square foot for the corner encumbrance. Additional easements
acquired, or to be acquired, will also reflect similar financial consideration.
In response to questions, Engineering Assistant Director Scott Rice said the cost to
obtain the easement was more than the assessed value because it was a corner
property. The property owner, Guy Bonneville, originally wanted more than the
purchase price. The city did not have an easement or right-of-way for the existing
sidewalk and needed to address that.
14.2 Accept a 1340-square-foot Sidewalk and Utilities Easement over, under and
across portions of Lots 1, 2, 3 and the West 10 feet of Lot 4, MATTISON
SQUARE, as more particularly described therein, conveyed by 801 W Bay, LLC, a
Florida limited liability company, granted in consideration of receipt of $17,997
and the benefits to be derived therefrom. (consent)
The City is finalizing plans for Cleveland Street Streetscape, Phase II - Myrtle
Avenue to Missouri Avenue.
This element of the City’s Master Streetscape and Wayfinding Plan will extend a
modified palette of downtown Cleveland Street roadway improvements through
the Town Lake Character District.
The subject easement formally conveys and documents perpetual easement
authority to the City over, across and under the lands described therein that have
been improved and are currently utilized as a public sidewalk, together with a
corner portion of the recently redeveloped sales office for The Strand addressed
at 1101 Cleveland Street.
The $17,997 consideration paid to acquire the 1340 square foot easement is
negotiated at the Property Appraiser’s assessed value for the land of $10.50 per
Council 2010-09-20 24
square foot to encumber 966 square feet of existing sidewalks, and double that
amount, $21.00 per square foot, for the 374 square foot landscaped corner.
Additional easements already acquired reflect similar financial consideration.
Discussed with Item 14.1.
14.3 Accept a 7-foot Sidewalk and Utilities Easement over, under and across that
portion of the East 47 feet of Lot 4 and all of Lot 5, MATTISON SQUARE, as more
particularly described therein, conveyed by Dennis H. and Jacqueline L. Henegar,
in consideration of receipt of $7,500 and the benefits to be derived therefrom.
(consent)
The City is finalizing plans for Cleveland Street Streetscape, Phase II - Myrtle
Avenue to Missouri Avenue.
This element of the City’s Master Streetscape and Wayfinding Plan will extend a
modified palette of downtown Cleveland Street roadway improvements through
the Town Lake Character District.
The subject easement formally conveys and documents perpetual easement
authority to the City over, across and under the lands described therein that have
been improved and are currently utilized as public sidewalk.
The $7,500 consideration paid to acquire the 714 square foot easement is
negotiated at the Property Appraiser’s assessed value for the land of $10.50 per
square foot, rounded to the nearest $10.00. It is anticipated additional easements
to be acquired will also require similar financial consideration.
14.4 Approve the applicant’s request to vacate the east 10 feet of a 20 foot right of way
easement that lies along the west property line of property located at 113 North
Betty Lane as more particularly described in the ordinance and approve
Ordinance 8221-10 on first reading. (VAC2010-05 SP Country Club Homes, LLC)
The applicant is seeking to develop the subject property with a 33-unit townhome
project. Currently, a 20-foot right-of-way easement is located along the west side
of the applicant’s property which also abuts Betty Lane. The applicant proposes to
build patios with privacy walls in the area of the site proposed to be vacated.
Flexible Development approval for this development, FLS2010-05001, was
granted by the Community Development Board on July 20, 2010.
The preliminary plat, PLT2010-06001, "Country Club Townhomes" was approved
by the Development Review Committee on August 5, 2010.
Progress Energy, Verizon, Knology and Bright House have no objections to the
vacation requested.
Council 2010-09-20 25
The City of Clearwater has no utilities in the right-of-way easement and
contemplates no future need for the easement portion proposed to be vacated,
provided that the development is completed within two years or the vacation will
be null and void, as specified in the ordinance attached.
The Engineering Department has no objections to the vacation request so long as
the development is completed within two years of the date of adoption of the
ordinance.
14.5 Approve a work order to Camp Dresser and McKee, Inc. (CDM) in the amount of
$1,180,867 for engineering design and permitting of the Reverse Osmosis Plant 1
Expansion Project (09-0018-UT); and the appropriate officials be authorized to
execute same. (consent)
This Work Order provides for engineering and design services for construction of
the expansion of Reverse Osmosis Plant 1 which consists of increasing the
treatment capacity of the Plant by 1 million gallons per day and a concentrate
disposal pipeline from the Plant to a termination point west of U.S. 19 to lead to
proposed future injection well at the future Reverse Osmosis Plant 2.
The goal of this project is to implement the City Water Master Plan of self-
reliance, producing more local water and reducing stress on the regional water
supply system.
The design phase is anticipated to be completed by August 2011.
CDM was selected through the Request for Qualifications process, and this work
order was negotiated in accordance with the Consultants Competitive
Negotiations Act.
The City of Clearwater’s Public Utilities Department Water Division is responsible
for owning, operating and maintaining the Reverse Osmosis Plant 1.
Sufficient budget and funding with 2009 Water and Sewer Revenue Bond
proceeds are available in project 0376-96764, RO Plant Expansion to fund this
contract.
In response to a question, Engineering Manager Rob Fahey said the Environmental
Advisory Board did not receive an update on the expansion.
14.6 Approve Supplemental Work Order 1 to Malcolm Pirnie, City of Clearwater
Engineer of Record (EOR), to provide additional engineering design and
permitting services for the Spring Branch Conveyance Enhancements Project for
the lump sum of $30,599 and authorize the appropriate officials to execute
Council 2010-09-20 26
same.(consent)
On August 21, 2008, Council approved a work order to Malcolm Pirnie, Inc. in the
amount of $202,052.30 to design an erosion and flood protection project for
Spring Branch of Stevenson Creek.
Although the project was similar to other recent projects, the US Army Corps of
Engineers would not approve a permit because the design was designated an
impoundment based on revised regulations. The additional design cost for the
modifications is $30,599 for a total cost of $232,651.30.
The purpose of the Spring Branch Conveyance Enhancements Project is to
reduce flooding in the area of Byram Drive and Flora Drive east of King’s
Highways.
Additional scope and change in design are as follows:
Analyze and evaluate the feasibility of the new design concept to ensure meeting
the revised design criteria of Army Corps of Engineers.
Prepare revised plans.
Re-apply for the Army Corps of Engineers Environmental Resource Permit (ERP).
Obtain the permits for the US Army Corps of Engineers and the SWFWMD for the
revised design.
Sufficient budget is available in Capital Improvement Program project 0315-
96166, Spring Branch Enhancement Project to provide funding for the
Supplemental.
14.7 Approve a Legal Service Agreement between the City of Clearwater and Baker
and Hostetler LLP, to serve as legal counsel on Environmental issues in the
amount of $50,000 and authorize the appropriate officials to execute same.
(consent)
Environmental Engineering wishes to engage Baker and Hostetler LLP to serve
as legal counsel for addressing environmental contamination at the Joe DiMaggio
Sports Complex and Brighthouse Networks Field sites. This is for the purpose of
satisfying FDEP regulations and ultimately achieve regulatory closure of these
sites.
Sufficient budget is available in Capital Improvement Program project 0315-
94803, Environmental Assessment and Cleanup to fund the agreement.
In response to a question, Environmental Manager Ed Chesney said the project is not
one that would have involved the Environmental Advisory Board.
Council 2010-09-20 27
14.8 Approve a Cooperative Funding Agreement between the Southwest Florida Water
Management District (SWFWMD) and the City of Clearwater for the Brackish
Facility at Water Treatment Plant 2 (N176); Approve a work order to SDI
Environmental Services, Inc. (EOR) in the amount of $1,397,936.00 for
hydrogeologic services related to the design and construction of a brackish-water
wellfield; Approve a work order to Legette, Brashears and Graham, Inc. (EOR) in
the amount of $140,026 for hydrogeological services related to design, permitting
and implementation of a testing program for a concentrate injection well to be
located at Water Treatment Plant 2; and authorize the appropriate officials to
execute same. (consent)
The City of Clearwater currently operates one Reverse Osmosis (RO) Water
Treatment Plant, and is preparing to build a second RO plant located at 21133 N.
US Hwy 19 within the City of Clearwater.
A cooperative funding agreement (CFA) between the Southwest Florida Water
Management District (SWFWMD) and the City of Clearwater provides for the
design, permitting and construction of a brackish reverse osmosis (RO) facility at
Water Treatment Plant (WTP) 2. SWFWMD and the City of Clearwater both
anticipate that the total cost of the project will be $30,433,780. SWFWMD will
reimburse up to 50% of all costs associated with this project up to a maximum of
$15,216,890. SWFWMD agrees to fund up to a maximum amount not to exceed
$15,216.890 of the project’s estimated costs subject to the terms of the
agreement. The City agrees to fund the remainder of the project’s estimated cost,
estimated to be $15,216,890. The project includes pilot testing and preliminary
design, concentrate injection well, wellfield engineering design and water use
permitting, wellfield construction, treatment plant design and permitting, plant
construction, engineering construction services, contingency, and final project
completion and certification. Original Project Budget Comparison:
SWFWMD Share City Share Total Project
Costs
Pilot Testing and
Preliminary Design
$300,000 $300,000 $600,000
Concentrate Injection Well
$750,000 $750,000 $1,500,000
Wellfield Engineering Design
and Water Use Permitting
$500,000 $500,000 $1,000,000
Wellfield Construction
$4,442,160 $4,442,160 $8,884,320
Council 2010-09-20 28
Treatment Plant Design
and Permitting $865,910 $865,910 $1,731,820
Plant Construction
$6,422,500 $6,422,500 $12,845,000
Engineering construction
Services $673,580 $673,580 $1,347,160
Contingency
$1,262,740 $1,262,470 $2,525,480
$15,216,890 $15,216,890 $30,433,780
SDI Environmental Services, Inc. (SDI) will provide professional hydrological
services for the design and construction of a brackish-water wellfield, which will
include a wellfield design for 18 additional wells, well construction and testing,
groundwater flow and variable density modeling, and Water Use Permit (WUP)
support services under the RO 2 Wellfield Permitting and Development Project
(10-0033-UT).
Legette, Brashears, and Graham, Inc. (LBG) will provide professional hydrological
services for the design and permitting of an injection well for the purpose of
concentrate disposal under the Concentrate Injection Deep Well Project - Phase I
(09-0044-UT). The concentrate from RO Plant 1 is currently discharged to the
wastewater treatment plant where the effluent is used for reclaimed water
irrigation. RO Plant 2 will produce concentrate with water quality that is too
brackish to discharge to a WTP.The new water treatment facility, wellfield, and
raw water mains are anticipated to be completed by December of 2015.
The City of Clearwater Public Utilities Department will own, operate and maintain
the Water Treatment Plant.Sufficient budget and funding with 2009 Water and
Sewer Revenue Bond proceeds is available in project 0376-96767, Reverse
Osmosis at Reservoir 2 in the amount of $768,981.00.A third quarter amendment
will increase the budget for Other Governmental Revenue (337900) in Capital
Improvement Program project 0315-96767, Reverse Osmosis at Reservoir 2 for
SWFWMD’s share in the amount of $768,981.00 to provide a total of
$1,537,962.00 to fund these work orders.
It was requested that the map be updated to reflect Saint Petersburg Junior College is
now Saint Petersburg College.
Council 2010-09-20 29
15. Planning
15.1 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1401 Lemon Street (Lot 18, Block B, Sunny Park Groves in
Section 23, Township 29 South, Range 15 East)and pass Ordinances 8206-
10,8207-10 and 8208-10 on first reading. (ANX2010-06001)
This voluntary annexation petition involves a 0.146-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the south
side of Lemon Street and the east side of Sunny Park Road.
The applicant is requesting this annexation in order to receive sanitary sewer and
solid waste service from the City. The Planning and Development Department is
requesting that the 0.2-acres of abutting right-of-way of Lemon Street and Sunny
Park Road not currently within the City limits also be annexed.
The property is contiguous to existing City boundaries to the west and south. It is
proposed that the property be assigned a Future Land Use Map designation of
Residential Low (RL) and a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City of Clearwater. The
closest sanitary sewer line is located in the Lemon Road right-of-way. The
applicant has paid the City’s sewer impact and assessment fees and is aware of
the additional costs to extend City sewer service to this property. Collection of
solid waste will be provided by the City. The property is located within Police
District II and service will be administered through the district headquarters
located at 645 Pierce Street. Fire and emergency medical services will be
provided to this property by Station 47 located at 1460 Lakeview Road. The City
has adequate capacity to serve this property with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
Council 2010-09-20 30
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category is consistent
with the current Countywide Plan designation of this property. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed
zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the
uses allowed in the district and the property exceeds the district’s minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan and the City’s Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the west; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
15.2 Approve amendments to the Community Development Code regarding overnight
accommodations accessory uses in the commercial and tourist districts, sidewalk
vendors, commercial docks, parking and outdoor storage in residential districts,
enforcement provisions relating to nuisance violations, and the distance between
community residential homes, and pass Ordinance 8211-10 on first reading.
(TA2010-07002)
There are several catalysts for the proposed amendments. Below is a list of the
proposed amendments, organized according to Code section, with the catalyst in
parenthesis.
Article 2. - Zoning Districts Sidewalk Vendors (Staff)
The proposed amendment eliminates sidewalk vendors as an allowable use in the
Tourist and Downtown districts.
Accessory Uses in the Overnight Accommodation Use in the Commercial and
Tourist Districts (City Council)
The proposed amendment requires that overnight accommodation uses with
fewer than 50 rooms comply with the parking standards for the restaurant use.
Article 3. - Development Standards Docks (Staff)
The first proposed amendment states that if an applicant demonstrates riparian or
littoral rights which affect the location of the dock, the minimum deviation needed
Council 2010-09-20 31
to exercise those rights should be allowed.
The second proposed amendment eliminates the current provision that exempts
boat lifts added to existing docks from setback requirements.
Parking Restrictions in Residential Areas (Clearwater Neighborhood Coalition and
Staff)
The first amendment specifies that boat trailers cannot exceed 25 feet in length if
located in the front setback.
The second amendment identifies the types and sizes of vehicles permitted to be
parked in the side and rear setbacks.
Lastly, this proposed amendment states that commercial vehicles exceeding a
certain size cannot be parked in residential areas.
Outdoor Storage in Residential Areas (Clearwater Neighborhood Coalition and
Staff)
The first proposed amendment clarifies that items stored on carports are subject
to outdoor storage provisions.
The second proposed amendment requires that car covers are used in a manner
that allows Code inspectors the ability to see if the tires are flat and the tags are
current.
Nuisances (Staff)
The proposed amendment allows nuisance violations to be enforced as
"nuisance" or "non-nuisance" cases.
Article 7. - Enforcement Proceedings Nuisances (Staff)
The proposed amendment allows nuisance violations to be enforced either by
notice of violation to be decided by the MCEB, a ticket to the Court or actual
abatement.
Article 8. - Definitions and Rules of Construction
Community Residential Home Separation Requirement (Staff)
The proposed amendment requires 1,000 foot separation between community
residential homes to be consistent with Florida Statutes.
Ordinance No. 8211-10 and the staff report contain further analysis and
information on the proposed amendments.
Council 2010-09-20 32
The Community Development Board (CDB) reviewed the proposed text
amendment at its meeting of August 17, 2010. The Board unanimously
recommended the amendment for approval, with two concerns. One concern was
the correlation between boat trailer size and boat size (Section 3-1407.A.2.b) and
the other was the language for large vehicles (Section 3-1407.A.4). Both concerns
have been addressed by editing the language in the ordinance as recommended
by the Board.
In response to a question, Planning and Development Director Michael Delk said
changes made in Code Revisions 5 added many definitions regarding accessory use.
Staff decided 50 rooms would limit the facility to a small buffet.
16. Official Records and Legislative Services
16.1 Approve the 2011 Council Meeting Schedule
Generally, the 2011 City Council meetings are at 6:00 p.m. on the first and third
Thursdays of each month. The accompanying work sessions are at 9:00 a.m. on
the preceding Monday, unless the Monday is a holiday, in which case the work
session is on Tuesday.
Exceptions are:
No meetings held for the first Thursday in January, per Council Rules.
The April 21 Council meeting has been moved to Wednesday, April 20 to allow
Councilmember Cretekos to attend service related to Orthodox Easter.
No meetings held for the first Thursday in July, per Council Rules.
The November 17 Council meeting has been moved to Wednesday , November
16, to allow attendance at the FLC’s Legislative Conference.
The work sessions on February 14, March 14, June 13, September 12, November
14 and December 12 fall on the second Monday of the month and due to conflict
with Tampa Bay Regional Planning Committee, will start at 1:00 p.m.
Direction is needed on the following:
The PMI (Pinellas Mobility Initiative) has been replaced by the Project Advisory
Committee (PAC) to the MPO. The PAC meets at 3:00 p.m. on the second
Monday of each month. The Mayor serves on the Project Advisory Committee.
Per standing practice, the work sessions that fall on the second Monday start at
1:00 p.m. due to a conflict TBRPC, on which Councilmember Jonson serves.
Should these meetings be moved to 9:00 a.m. on Tuesday to assure no conflict?
If so, need to be aware of Community Development Board meetings at 1:00 p.m.
on February 15, March 15 and November 15.
The Conference of Mayors’ Annual Meeting is June 16 through 21. Moving the
June 16 meeting to Wednesday, June 15 would eliminate this conflict.
Council 2010-09-20 33
Councilmember Cretekos has a conflict the morning of August 15. Should that
work session begin at 1:00 p.m.?
In previous years, the meeting in conflict with the FLC Legislative Conference has
been moved to Tuesday and the accompanying work session cancelled as the
Mayor had a Wednesday meeting, held in conjuction with the conference. If this
conflict still exists, the proposal to move the Council meeting to Wednesday will
need to be modified.
There is no need to make adjustments for the Florida League of Cities’ August
Conference in 2011. Also, no adjustment is needed for Jazz Holiday in 2011 as
the third weekend in October occurs prior to the third Thursday.
The County’s Budget calendar for 2011 is not known at this time. Once the
Budget Director receives this information adjustment of the September meetings
will be requested if needed.
Staff was directed to move second Mondays to Tuesdays and start at 8:30 a.m.; move
August work session to 1:00 p.m.; move for Mayors' Council
17. Legal
17.1 Adopt Ordinance 8220-10 on second reading, Amending Code of Ordinances
Chapter 2, Administration, Article III, Appointed Authorities, Boards Committees,
Division 1, regarding definitions, board establishment, qualifications, appointment,
terms, rules of procedure, staff members, and removal of members.
18. City Manager Verbal Reports
18.1 City Manager Verbal Reports - None.
19. Council Discussion Items
19.1 Crest Lake Park
Discussed with Item 10.2.
19.2 Parasailing Regulations - Mayor Hibbard
The City Attorney said Florida law pre-empts municipalities on safety regulations on
Council 2010-09-20 34
water. The Florida Legislature is considering parasailing regulations.
Staff was directed to draft a letter urging support for parasailing regulations and add
issue to the 2011 State Legislative Package.
In response to a suggestion, the City Attorney said the city would not want to be
involved in the release form of parasailing operators. Staff will research requiring notice
by sign or brochure.
19.3 Creating Policy regarding Inviting Former Councilmembers to Events - Jonson
Discussion deferred to Wednesday's council meeting.
19.4 Environmental Advisory Board Work and Focus - Councilmember Jonson
Discussion deferred to Wednesday's council meeting.
20. Closing Comments by Mayor - None.
21. Adjourn
The meeting was adjourned at 11:49 a.m.
Council 2010-09-20 35