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12/16/2010 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 16, 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 Karen Vaughan - Administrative Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Pastor Bob Brubaker, Christ Community Presbyterian Church 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given. 4.1 Service Awards Two service awards were presented to city employees. The November 2010 Employee of the Month Award was presented to Kevin Klein, Police Department. 4.2 Turkey Trot Presentation The City was thanked for its support. Council 2010-12-16 1 5. Approval of Minutes 5.1 Approve the minutes of the December 2, 2010 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor John Doran moved to approve the minutes of the December 2, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Nicholas Fritsch - supported mixed-use developments in urbanized areas as a tool to generate property tax revenues. Joe Paige requested Council to be more conservative regarding use of city funds. Steve Osburg requested consideration for hosting Clearwater Beach Polo Challenge and exempting animal restrictions on beach for the special event. Jung Sue Park expressed concerns regarding the removal of ducks at Crest Lake Park. Gregg Pound expressed concerns regarding the removal of his signs during the Turkey Trot. Frank Petro-roy expressed concerns regarding quality of renovations at Morningside Tennis Courts and lack of seating for spectators. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the City of Clearwater’s Fiscal Year 2009-2010 Consolidated Annual Performance and Evaluation Report (CAPER). The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report, documenting the City’s expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U. S. Department of Housing and Urban Development (HUD). For Fiscal Year 2009-2010, the City’s budget was as follows: $932,808 in CDBG; $589,019 in HOME; and $190,416 in program income for a total budget of $1,712,243. The CAPER document serves as the basis for program monitoring for compliance Council 2010-12-16 2 and for financial audits for all activities conducted during the Fiscal Year 2009-10 as outlined in the Consolidated Plan for that program year. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD’s Annual Report to Congress and it provides grantees and opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. In addition to reporting on our activities with federal money, we also included a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program in the narrative section; however, these numbers are not included in the totals below. Through the CDBG and HOME program activities, we expended a total of $2,245,905 in Fiscal Year 2009-10. This included prior year funds as well as program income and recaptured funds. Those funds not expended from this year’s budget will be reprogrammed in future budgets. The City of Clearwater’s Fiscal Year 2009-10 CAPER contains information on the City’s assessment of the following activities: Assessment of Three to Five Year Goals and Objectives Affordable Housing Continuum of Care Leveraging Resources Affirmatively Furthering Fair Housing Citizens Comments Self-Evaluation Through the programs covered under the CAPER over 12,728 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing, and Economic Development projects. Also, during this past fiscal year the Housing Department: Completed twenty-one rehabilitation loans totaling $776,076 Completed twenty-four down payment assistance loans totaling $321,050 Purchased two vacant lots and constructed two homes totaling $95,000 The City’s Neighborhood and Affordable Housing Advisory Board is scheduled to approve the Fiscal Year 2009-10 CAPER at their meeting on December 14, 2010. The CAPER is due to HUD no later than December 30, 2010. Council 2010-12-16 3 Councilmember Paul Gibson moved to approve the City of Clearwater’s Fiscal Year 2009-2010 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. 7.2 Approve the applicant’s request to vacate the north - south alleyway lying within Block 1, E.P. Merritt’s Addition (aka 606 Seminole Street and 607 Nicholson Street) and approve Ordinance 8225-10 on first reading. (VAC2010-06 Jimmie, First M Corporation and Jehudah LTD Partnership). The applicant is seeking vacation of the subject alleyway to limit access into the properties adjacent to the alleyway. Police reports describe petty theft, grand theft and criminal mischief taking place on the adjacent property. If the alleyway is vacated, the applicant will fence off the alleyway to eliminate rear access to the involved properties. Verizon, Bright House, Knology and Progress Energy have no objections to the vacation request. The alleyway is unimproved and contains no City owned utilities. The Engineering Department has no objections to the vacation request. One individual spoke in opposition as the alleyway is needed to access property. In response to questions, Engineering Assistant Director Scott Rice said the property owner at 807 N. Garden Avenue claimed to own a portion of the right-of-way but staff has found no evidence supporting that claim. The City Manager said the adjacent property owners are noticed and it is their responsibility to respond to the notice. Brighthouse, Verizon, Progress Energy, and Knology are contacted due to infrastructure placed in right-of-way. Police Chief Anthony Holloway said there is evidence of crime activity in the alleyway. Two individuals spoke in support. In response to questions, Mr. Rice said the north end of the alleyway tapers off before it gets to Nicholson Street. When a right-of-way is vacated, 5 feet goes to the property owner on the east side and 5 feet to the property owner on the west side. There is an alley between Nicholson and Seminole Streets on the drawing. Concern was expressed regarding interest of property owner at 809 N. Garden Avenue to build a duplex on site. Planning and Development Director Michael Delk said property site is not large enough to build an additional dwelling. Council 2010-12-16 4 Councilmember Bill Jonson moved to continue Item 7.2 to January 13, 2011. The motion failed for lack of second. Vice Mayor John Doran moved to approve the applicant’s request to vacate the north - south alleyway lying within Block 1, E.P. Merritt’s Addition (aka 606 Seminole Street and 607 Nicholson Street). The motion was duly seconded and upon the vote being taken: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Paul Gibson. "Nays":Councilmember Bill Jonson. Motion carried. Ordinance 8225-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8225-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Paul Gibson. "Nays": Councilmember Bill Jonson. Motion carried. 7.3 Declare as surplus the 10-foot wide portion of Lots 103 through 107, inclusive, Lloyd-White-Skinner Subdivision, as conveyed to the City by Special Warranty Deed recorded in O. R. Book 15057, Page 2479, Public Records of Pinellas County, Florida, in compliance with Section 2.01(d)(5) of the City Charter; adopt Resolution 10-30 dedicating same as Coronado Drive public right-of-way, and authorize the appropriate officials to execute same. On March 13, 2001, the City and Beachwalk Resort, LLC entered into a Development Agreement (Agreement) governing construction and development of the Hyatt Regency Clearwater Beach Resort and Spa, 301 South Gulfview Boulevard. Council 2010-12-16 5 Among its provisions, the Agreement required the developer to dedicate ten feet along the entire eastern boundary of the project as additional right-of-way for Coronado Drive. On April 6, 2006, the developer conveyed the required strip of land to Crystal Beach Capital, LLC, which in turn, immediately conveyed the parcel to the City by Special Warranty Deed as recorded in O. R. Book 15057, Page 2479, Public Records of Pinellas County, Florida. Upon declaring the subject parcel as surplus to City needs, and adopting Resolution 10-30, the 10-foot strip of land, already improved as widened Coronado Drive during Beachwalk construction, now formally becomes additional public right-of-way. Councilmember Paul Gibson moved to declare as surplus the 10-foot wide portion of Lots 103 through 107, inclusive, Lloyd-White-Skinner Subdivision, as conveyed to the City by Special Warranty Deed recorded in O. R. Book 15057, Page 2479, Public Records of Pinellas County, Florida, in compliance with Section 2.01(d)(5) of the City Charter. The motion was duly seconded and carried unanimously. Resolution 10-30 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 10-30. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.4 Approve the Annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1605 Sherwood Street (Lot 2, Block 13, Highland Pines 2nd addition in Section 11, Township 29 South, Range 15 East) and pass Ordinances 8228-10, 8229-10 and 8230-10 on first reading. (ANX2010-09010) This voluntary annexation petition involves a 0.17-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Sherwood Street approximately 215 feet west of Ridge Avenue. 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 0.19-acres of abutting right-of-way of Lots 1 and 2, Block 13 not currently within the city limits also be annexed. Council 2010-12-16 6 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 Urban (RU) 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 Pinellas County. The closest sanitary sewer line is located between Sherwood Street right-of-way and Gentry Street 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 51 located at 1720 Overbrook Avenue. 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 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 Urban (RU) 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 7.5 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. Council 2010-12-16 7 Vice Mayor John Doran moved to approve the Annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1605 Sherwood Street (Lot 2, Block 13, Highland Pines 2nd addition in Section 11, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8228-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8228-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Ordinance 8229-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8229-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Ordinance 8230-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8230-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8231-10 on second reading, vacating the South 10 feet of the 20-foot utility easement described as beginning at a point 10 feet West of the Southeast corner of Lot 8, Block B-2, Maryland Subdivision, as recorded in Plat Book 15, Page 25 of the Public Records of Pinellas County, Florida, thence West along the South property line of Lot 8 and Lot 7 in said Block B-2 a distance of 60 feet; thence South for a distance of 20 feet; thence East along and parallel to the Council 2010-12-16 8 South boundary of Lots 7 and 8 of Block B-2 a distance of 60 feet; thence North 20 feet to the Point of Beginning. Ordinance 8231-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8231-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.2 Adopt Ordinance 8232-10 on second reading, vacating the North 5 feet of the 15- foot drainage and utility easement lying along the South property line of Lot 8, Block 46A, Mandalay Subdivision, as recorded in Plat Book 14, Page 32 of the Public Records of Pinellas County, Florida, less the West 5 feet thereof, subject to the applicant granting a private easement satisfactory to Progress Energy Corporation prior to the issuance of a building permit, said easement to be granted within 6 months of the date of adoption of this ordinance or the vacation will be rendered null and void. Ordinance 8232-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8232-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.3 Adopt Ordinance 8233-10 on second reading, authorizing the City to permit and implement the use of traffic infraction detectors for red light infractions pursuant to state law and providing for administration and enforcement. Discussion ensued with comments made that in 2010 there were 14 vehicular accidents in the city of Clearwater that involved fatalities and only 2 were red light related; a portion of the fine goes to a spinal injury group; photo enforcement reduces the number of accidents. Council 2010-12-16 9 One individual spoke in opposition. Ordinance 8233-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8233-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, and Councilmember Bill Jonson. "Nays": Councilmember George N. Cretekos and Councilmember Paul Gibson. Motion carried. 9. Consent Agenda 9.1 Award a contract (purchase order) to Fisher Scientific, Atlanta, Georgia, in an amount not to exceed $294,507.53 for the purchase of personal protective equipment (PPE), in accordance with Sec. 2.564(b), Code of Ordinances Sole source for City standardized equipment and authorize the appropriate officials to execute same. (consent) 9.2 Authorize the Fire Chief to sign the World Trade Center Steel Transfer Agreement and accept a piece of steel from the Port Authority of New York and New Jersey, located at John F. Kennedy International Airport, Hangar 17. (consent) 9.3 Authorize acceptance of the Florida Energy and Climate Commission grant in the amount of $450,000.00 for the enlargement of the Gate Valve Site located on Hercules Avenue for the Compressed Natural Gas Vehicle Fueling Station, Project Code 315-96387, and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract to Wise Gas, Inc. in the amount of $1,645,763 to construct a compressed natural gas refueling station; approve the transfer of funds in the amount of $1,450,000 from project 315-96386 to 315-96387; approve the associated transfer of land from the Airpark enterprise fund to the Gas System enterprise fund for the estimated current market value of $104,548.80; and authorize the appropriate officials to execute same. (consent) 9.5 Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in the amount of $219,800 for the acquisition of Storage Area Network (SAN), in accordance with Sec. 2.561 (10 (d), Code of Ordinances Florida State Contract; authorize lease purchase under the Citys Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) 9.6 Ratify and confirm award of an emergency contract to R.E. Purcell Construction Council 2010-12-16 10 Co., Inc. of Largo, Florida for emergency runway repairs at the Clearwater Airpark for the total price of $123,819. (consent) 9.7 Approve a blanket purchase order to Earth Designs, of Clearwater, Florida, in the amount of $209,892 for landscape maintenance throughout the City during the contract period January 1, 2011 through December 31, 2011, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) 9.8 Approve the purchase of turf maintenance equipment and clubhouse equipment from Clearwater Country Club Management, Inc. (CCCM) for $159,450; funded with a $50,000 credit from CCCM and $109,450 from unappropriated retained earnings of the General Fund. (consent) 9.9 Approve the Third Amendment to License Agreement between the City of Clearwater, Florida and Alexandra of Clearwater Beach, Inc. (Alexandra), adding five years to the term of the Agreement in exchange for the maintenance of the public restrooms in Pier 60 Park and authorize the appropriate officials to execute same. (consent) 9.10 Approve an agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy services in the amount of $17,149, for period January 1, 2011 through December 31, 2011, and authorize the appropriate officials to execute same. (consent) 9.11 Approve an agreement between the City of Clearwater and the United States Coast Guard Auxiliary, Flotilla 11-1, to utilize space located at 645 Pierce Street on an intermittent basis for the period of January 1, 2011 through December 31, 2011 and authorize the appropriate officials execute same. (consent) 9.12 Award a contract (purchase order) to DGG TASER and Tactical Supply of Jacksonville, Florida, for the purchase of 128 Advanced TASER X26 electronic control devices, in the amount of $129,206.95; declare 128 Advanced TASER M26 tasers surplus to the needs of the City and authorize disposal through trade- in, in accordance with Sec 2.564 (1)(d) Florida State Contract; and authorize the appropriate officials to execute same. (consent) 9.13 Award a contract (purchase order) to Contender Boats Incorporated, located in Homestead, Florida, per written quote, for a Contender 23 Open, equipped with a Yamaha F250 Outboard and Ameritrail trailer, in the amount of $47,991.38, for the period of December 1, 2010 through December 31, 2011 and authorize the appropriate officials to execute same. (consent) 9.14 Award a contract (Purchase Order) for $179,977.00 to Duval Ford of Jacksonville, FL for 7 Ford Crown Victoria Police Cruisers in accordance with Sec 2.564(1)(d), Code of Ordinances - Other governmental bid and authorize the appropriate officials to execute same. (consent) 9.15 Award a Contract (Purchase Order) for $225,264.00 to Container Systems and Equipment Co., Inc. of Daytona Beach, FL for one 2011 Crane Carrier LET2 chassis with Loadmaster Excel-S 25 cu. yd. rear loader, in accordance with Sec. Council 2010-12-16 11 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) 9.16 Accept a Sidewalk and Utilities Easement over, under, across and through portions of Lots 1, 2 and 3, Clearwater Heights Subdivision, as more particularly described therein, conveyed by R. C. Lawler, Inc., a Florida corporation, granted in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 9.17 Grant and convey to Florida Power Corporation, doing business as Progress Energy Florida, Inc., a Florida corporation, a 10-foot wide Distribution Easement being situate within Glen Oaks Park, lying and extending adjacent to the west right-of-way line of Evergreen Avenue between Druid Road and the northerly right-of-way line of Turner Street, in consideration of the mutual benefits, covenants and conditions contained therein, and authorize the appropriate officials to execute same. (consent) 9.18 Award a contract (Purchase Order) to RTD Construction of Zephyrhills, Florida, in the amount of $1,651,067.55, for construction of the Pump Station Replacement at Marshall Street (WRF Project 09-0028-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; approve a Work Order in the amount of $109,075.00 to Jones Edmunds and Associates, Inc., an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services; and authorize the appropriate officials to execute same. (consent) 9.19 Approve First Amendment to the Cooperative Funding Agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Chautauqua/Coachman Ridge Reclaimed Water Project (L810) and authorize the appropriate officials to execute same. (consent) 9.20 Award a contract (Purchase Order) to Reynolds Inliner, LLC, Sanford, FL, in the amount of $1,197,157.50 for the cleaning, video inspection and point repair or full reconstruction of storm sewer lines by the installation of a Resin Impregnated Cured in Place Pipe (RICIPP) lining at various locations throughout the City of Clearwater and authorize the appropriate officials to execute same. (consent) 9.21 Appoint Terrence Gourdine as the Local Business representative and Councilmember George N. Cretekos as the City Council representative to the Sister Cities Advisory Board with terms to expire December 31, 2014. (consent) Councilmember George N. Cretekos moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Council 2010-12-16 12 City Manager Reports 10. Other Items on City Manager Reports 10.1 Approve Assignment and Assumption Agreement for external auditing services, with Kirkland, Russ, Murphy and Tapp (assignor) to audit firm of Mayer Hoffman McCann P.C. (assignee), for fiscal years ending September 30, 2010 thru 2014, and authorize the appropriate officials to execute same. In August 2010, the City Council approved a five-year external auditing agreement with the firm recommended by the City’s Audit Committee - Kirkland, Russ, Murphy and Tapp (KRMT). Effective November 1, 2010, Mayer Hoffman McCann P.C. purchased the attest business of KRMT and CBIZ, Inc. purchased the non- attest business of KRMT. CBIZ, Inc. and Mayer Hoffman McCann P.C. have an alternative practice structure due to the fact that CBIZ, Inc., as a publicly held corporation, cannot do attest work. Attest work must be performed by a firm owned by certified public accountants. Consequently, the two companies are separate and independent legal entities that work together to serve clients’ business needs. The acquisition of KRMT is not expected to impact the services provided to the City of Clearwater. The audit team of KRMT staff, now CBIZ and Mayer Hoffman McCann employees, remain in place and are expected to provide the same level and quality of service. The City’s Audit Committee recommends approval of the assignment of the audit agreement, with all terms and conditions unchanged, to Mayer Hoffman McCann, P.C. Councilmember Bill Jonson moved to approve assignment and Assumption Agreement for external auditing services, with Kirkland, Russ, Murphy and Tapp (assignor) to audit firm of Mayer Hoffman McCann P.C. (assignee), for fiscal years ending September 30, 2010 thru 2014, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10.2 Award a contract (purchase order) to Musco Sports Lighting, LLC of Clermont, FL for the installation and service of sports field lighting equipment at various city athletic facilities, at a cost of $1,348,000, based on Clay County Bid 08/09-3; establish Project 315-93620 (Sports Field Lighting); authorize transfer of $1,348,000 from General Fund Reserves as a first quarter adjustment to the budget and authorize the appropriate officials to execute same. The March 29, 2010 Council Work Session included a Performance Contracting Council 2010-12-16 13 Agreement between the City and Honeywell to provide various efficiencies at City facilities. For discussion purposes, the project was divided into four areas: basic, City Hall, Long Center and athletic fields. The athletic field lighting piece was given to Parks and Recreation staff for additional review and analysis, and to recommend best solution alternatives to Council. Participant safety from inadequate lighting was the primary concern. Staff analyzed each facility: Countryside Sports Complex, Countryside Community Park Fields and Eddie C. Moore Fields 1 - 9. The City of Clearwater has several agreements with specific groups (co-sponsors and rentals) where the City has agreed to operationally maintain the fields compliant with industry standards. As part of this review, those current industry standards provided by each group were reviewed to ensure safety compliance for all co-sponsored groups as well as all tournament play with groups that have utilized these facilities. Groups that specifically require certain standards include the Illuminating Engineering Society (IES), the American Softball Association (ASA), the United States Soccer Foundation, the NCAA and Little League Baseball. In reviewing the City’s legal obligation of these types of agreements where the City has agreed to operationally maintain the fields, the City may be held to the standards required by each group if challenged for safe liability. However, there is no specific legal standard for field lighting. The following provides the analysis for staff recommendation on each facility: Countryside Sports Complex - This system is an original system and our last all wood pole replacement. Current lighting level is significantly below industry standards as the complex was grandfathered. Due to the low fixture count and lighting levels, there is no significant return on the investment for this site. However, there is a legitimate need to bring it up to current standards to ensure the safety of our young athletes. Minimum standards are a maintained average footcandles of 30; which is designed for standard competition play. Primary users are Countryside Jr. Cougars and Clearwater Chargers Soccer Club. Countryside Community Park Fields- The primary user of this facility is Countryside Little League. It is proposed to retrofit the complex using a green technology lighting system, which will maintain the facility in compliance at all times and will reduce our energy and maintenance costs. Annual estimated utility savings of over $10,000 may be realized. Eddie C. Moore Complex - The primary use of this facility is adult softball, NCAA and youth amateur athletics. It is proposed to retrofit the complex using a green technology lighting system, which will maintain the facility in compliance at all times and will reduce our energy and maintenance costs. Annual estimated utility savings of over $51,000 may be realized. Staff recommends retrofitting Countryside Community Park and the Eddie C. Moore Complex, and upgrading Countryside Sports Complex to minimum Council 2010-12-16 14 standards. The material return of investment at Countryside Community Park is 23 years and at Eddie C. Moore Complex it is just over 12 years plus staffing reductions based on the product warranty. At Countryside Community Sports Complex, the needed renovations will also be tied into the Musco warranty program. Under the warranty program, Musco will maintain all lights and systems at required lighting levels for 25 years at the Countryside Sports Complex and 15 years at Countryside Community Park and Eddie C. Moore Complex respectively. The City’s annual maintenance cost will be reduced by $51,000. This is based on elimination of one FTE associated with reduced maintenance needs funded through Parks and Recreation 1871 (electrical team) internal services charges to Building and Maintenance. In addition, the CIP Project 315-93269, light, replacement and repair, can be reduced from $80,000 to $50,000 annually, bringing the overall annual savings to the City of $81,000. The total annual return on the investment is $142,000: $61,000 energy savings and $81,000 reduction in Parks and Recreation electrical team budget. The capital cost to all three complexes is estimated at $1,348,000. Using the anticipated cost savings, the project will pay for itself in 11.1 years. The capital estimate is a reduction of $1,076,485 from the original energy efficiency project request of $2,424,485 as we will be using an existing competitive bid, Clay County and the project did not account for energy savings guaranteed by Honeywell nor bonding for the project. This project is recommended to be funded with general fund reserves consistent with the original recommendation at the March 29, 2010 Work Session. In response to questions, Parks and Recreation Director Kevin Dunbar said the Clay County Bid was less expensive than Honeywell because it did not require bonding or guarantee utility cost savings. Information regarding energy savings was provided by Honeywell and Musco. Solid Waste/General Services Assistant Director Rick Carnley said Musco revaluated Honeywell's guaranteed energy savings and provided cost savings they felt comfortable the city could attain. Mr. Dunbar said the fields were constructed to comply with the 50-30 lighting standards. Fields constructed prior to 1990, such as the Countryside Complex, are not required to meet organizational lighting standards. Vice Mayor John Doran moved to award a contract (purchase order) to Musco Sports Lighting, LLC of Clermont, FL for the installation and service of sports field lighting equipment at various city athletic facilities, at a cost of $1,348,000, based on Clay County Bid 08/09-3; establish Project 315-93620 (Sports Field Lighting); authorize transfer of $1,348,000 from General Fund Reserves as a first quarter Council 2010-12-16 15 adjustment to the budget and authorize the appropriate officials to execute same. The motion was duly seconded and upon the vote being taken: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Paul Gibson. "Nays":Councilmember Bill Jonson. Motion carried. 10.3 Amend Section 22.59 of the City of Clearwater Code of Ordinances to allow for the sale, consumption or possession of alcohol on park property when permitted by an alcoholic beverage special events permit; Section 22.89 to allow for the sale and/or consumption of alcoholic beverages in the downtown Cleveland Street area; and Section 22.90 to allow for the consumption or possession, but not the sale of alcoholic beverages as defined in section 6.21 of the Clearwater Code of Ordinances, in certain areas depicted within an event venue diagram as required in the permit application process and pass Ordinance 8226-11 on first reading. The first and last sentences of Section 22.59 of the City of Clearwater Code of Ordinances, as currently written, arguably creates an ambiguity regarding the sale, consumption and possession of alcoholic beverages on park property. The proposed change clarifies that it is permissible to sell, consume and possess alcoholic beverages on park property in accordance with an alcoholic beverage special event permit. This amendment clarifies the basis for an already accepted practice. In line with the continued promotion of economic development in the downtown corridor, and due to the many activities and special events being held in the area, a change is being recommended to amend Section 22.89 to allow alcoholic beverages in an area described as: The area within the north and south boundaries of Cleveland Street, bounded on east by the west boundary of Myrtle Avenue, on the west by the west boundary of Osceola Avenue, including the contiguous rights-of-way and sidewalks. Lastly, amending Section 22.90 will allow for the consumption and possession, but not the sale of alcoholic beverages other than beer or wine (as defined in Section 6.21) at a special event in accordance with an alcoholic beverage special event permit, and only within areas defined by the event venue diagram as approved by the City Manager or his designee. Councilmember George N. Cretekos moved to amend Section 22.59 of the City of Clearwater Code of Ordinances to allow for the sale, consumption or possession of Council 2010-12-16 16 alcohol on park property when permitted by an alcoholic beverage special events permit; Section 22.89 to allow for the sale and/or consumption of alcoholic beverages in the downtown Cleveland Street area; and Section 22.90 to allow for the consumption or possession, but not the sale of alcoholic beverages as defined in section 6.21 of the Clearwater Code of Ordinances, in certain areas depicted within an event venue diagram as required in the permit application process. The motion was duly seconded and carried unanimously. Ordinance 8226-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8226-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10.4 Approve 2011 State Legislative Package. The 2011 State Legislative Package includes supporting continued funding for programs that benefit municipalities statewide, such as Florida Recreation Development Assistance Program (FRDAP) and Brownfields Cleanup and full funding of the housing trust funds under the Sadowski Act and State Aid to Libraries. The city, along with the Florida League of Cities, continues to oppose unfunded mandates and intrusions to municipal home rule. Councilmember Paul Gibson moved to approve 2011 State Legislative Package. The motion was duly seconded and carried unanimously. 10.5 Approve 2011 Federal Legislative Package. Each year, the City of Clearwater submits a list of legislative priorities for consideration for the new federal budget year. Once the package is approved, the City's legislative liaison will submit our request to our delegation. The 2011 Federal Legislative Package includes such issues as: funding requests for the Capitol Theater and Wastewater/Reclaimed Water Infrastructure; supporting legislation that will diversify Brownfields Remediation loans into grant funds; opposing decreased funding for Community Development Block Grant and Housing and Urban Development programs. Councilmember Bill Jonson moved to approve 2011 Federal Legislative Package. The motion was duly seconded and carried unanimously. Council 2010-12-16 17 Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Frenchy’s Restaurant Outdoor Seating Request Planning and Development Director Michael Delk said staff reviewed the request for outdoor café seating and requested direction regarding use of public right-of-way adjacent to Beachwalk for commercial use. There is no negative impact to utilities in proposed area. Mr. Delk said the property owner is willing to implement improvements that compliment Beachwalk. In response to a question, the City Attorney said the city is not vacating the property but providing a right-of-way permit that allows the property owner to operate as if the area was a sidewalk. The right-of-way permit is revocable at any time. Councilmember George N. Cretekos moved to approve Frenchy’s Restaurant outdoor seating request. The motion was duly seconded and carried unanimously. 11.2 No Item 11.3 Crest Lake Park Update Parks and Recreation Director Kevin Dunbar said staff has addressed the lack of lighting and raised the tree canopy in the park. Police Chief Anthony Holloway provided information regarding service calls to Crest Lake Park from September 20, 2010 through December 3, 2010. Chief Holloway said there is a standard direct patrol at 8:30 p.m. to ensure restrooms are secured. In response to questions, Police Chief Holloway said the Marchman Act assists intoxicated individuals; Pinellas Safe Harbor should accept these individuals when space is available. Mr. Dunbar said the Parks and Recreation Advisory Board did not consider park hours. Crest Lake Park is open until 11:00 p.m. because the interior trail is lit. One individual supported current park hours and one individual supported extending hours during the summer months. Consensus was for park hours to remain status quo. Council 2010-12-16 18 Clearwater Beach Polo Challenge The City Manager requested guidance regarding request to host Challenge on Clearwater Beach. There was consensus not to host event. 12. Other Council Action 12.1 Approve MPO Reapportionment Plan and Adopt Resolution 10-31 At its meeting of November 10, 2010, the Pinellas County Metropolitan Planning Organization (MPO) approved a membership Reapportionment Plan to add two additional seats: one for the ten beach communities and one for the inland communities that do not currently have seats on the board. The Reapportionment Plan calls for the seats to be rotated among the affected cities every two years. State law requires that the Reapportionment Plan include resolutions of support from member agencies. The MPO is asking each local government to approve the Reapportionment Plan and adopt a resolution of support. Discussion ensued with concerns expressed regarding the proposed changes diluting Clearwater representation, as membership reapportionment plan is not based on population. It was stated that Saint Petersburg is the only city mandated to approve the reapportionment plan. Vice Mayor John Doran moved to approve the MPO Reapportionment Plan. The motion was duly seconded and upon the vote being taken: Vice Mayor John Doran, Councilmember George N. Cretekos, and "Ayes": Councilmember Bill Jonson. "Nays":Mayor Frank Hibbard and Councilmember Paul Gibson. Resolution 10-31 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 10-31. The motion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Bill Jonson. Council 2010-12-16 19 "Nays": Mayor Frank Hibbard and Councilmember Paul Gibson. Motion carried. 12.2 Use of Scanner Cards to Pay for Tennis Court Lighting - Cretekos Councilmember George N. Cretekos expressed concerns regarding the non-resident recreation fee formula and suggested revising the ordinance so that the fee remains the same and not go down because of decreased department costs. In response to a question, Parks and Recreation Director Kevin Dunbar said the total revenue associated with non-resident recreation fees is approximately $5,000 to $7,000. Discussion ensued with concerns expressed that Clearwater residents are subsidizing, to an extent, capital costs for non-residents. It was stated that cost savings implemented by staff during the past three years have gone unnoticed but any further cost savings will impact services. In response to questions, Mr. Dunbar said Skylogix is a wireless remote controlled lighting system used at many recreational facilities. The system allows individuals, such as little league coaches, access to a field at specific times, thus reducing lighting costs. Swipe card systems require individuals to purchase a pre-loaded card, which is used to activate court lighting for the agreed time. Mr. Dunbar noted that lighting would be activated at both courts in a two-court facility. Of the 63 tennis courts in the city, 22 courts are lit and 17 courts do not have lighting. Lighting at the remaining 24 courts has been turned off due to budget constraints. Implementing scanner cards to pay for court lighting would not be a viable option because the hourly rate includes cost of lighting as well as equipment maintenance. The bleachers at Morningside Tennis Courts were removed during the renovations and replaced with benches. Seven individuals spoke in support; one individual spoke in opposition; and one individual expressed concern with lack of seating at Morningside Tennis Courts. Staff was directed to turn on tennis court lighting at Woodgate and review non-resident recreation fee formula. There was consensus not to pursue use of scanner cards to pay for tennis court lighting. The Council recessed from 8:32 p.m. to 8:43 p.m. Council 2010-12-16 20 13. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 14. Adjourn The meeting was adjourned at 9:42 p.m. Mayor City of Clearwater Attest City Clerk OF Tp- Council 2010-12-16 21