12/13/2010
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
December 13, 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.
Mayor Frank Hibbard called the meeting to order at 8:30 a.m. at City Hall.
1. Presentations - Given
1.1 Service Awards
Six service awards were presented to city employees.
The December 2010 Employee of the Month Award was presented to Gene Nyland,
Information Technology. The November/December 2010 Bimonthly Team Award was
presented to Clearwater Services Team: Greg Klamo and Jarvis Peavy.
The City Council recessed from 8:47 a.m. to 8:48 a.m. to meet as the Pension Trustees.
2. Economic Development and Housing
2.1 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.
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The CAPER document serves as the basis for program monitoring for compliance
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.
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Economic Development and Housing Director Geri Campos Lopez provided a
PowerPoint presentation.
In response to questions, Ms. Campos Lopez said funds must be used according to
CDBG and HOME guidelines; which includes identifying recipients. HOME Funds may
be used for land acquisition as long as recipients are identified within a 2-year
timeframe. Housing Manager Mike Holmes said the funds must be used within a 5-year
timeframe. The un-committed balance is approximately $1.3 million.
3. Fire Department
3.1 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)
The approved 2010 and 2011 CIP budgets included funding in a capital project for
this purchase.
CIP project 91261, Personal Protective Equipment, provides funding for the
purchase of replacement firefighting personal protective equipment/gear (PPE).
The department currently issues protective gear to those employees who are
employed in a firefighting capacity. This project is necessary to bring all
fire/rescue personal gear up to the same level of protection per the National Fire
Protection Association 1852 compliance and incorporates the new gear into a
revolving replacement schedule. The recommended life expectancy of PPE is 4 to
5 years depending on use. This project will allow for a 4 to 5 year replacement
plan and reduce the current cost of maintenance and repair of our current PPE.
Funding will be partially reimbursed by Pinellas County, as the equipment will help
serve any unincorporated resident of the Clearwater Fire District.
3.2 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)
The Port Authority of New York and New Jersey is permitted to transfer full and
complete legal ownership of the attached list of items currently located at John F.
Kennedy International Airport, Hanger 17, known as the World Trade Center
Artifacts.
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The purpose of the letter (transfer agreement) is to confirm and memorialize the
full and complete legal transfer by the Port Authority of New York and New Jersey
to Clearwater Fire and Rescue of that certain piece of steel of the former World
Trade Center, identified as G-0006 in the Port Authority’s World Trade Center
Archive: Artifact Inventory Report of January 31, 2007 (the Steel). The Steel is
described as a steel tube, 36 in. L x 6 in. H and .75 in thick; steel tube with edge
bent and torn; and with no visible identification marks on the steel. The Steel can
be cut into two pieces if requested and Clearwater Fire and Rescue agrees to
accept the Steel as is.
The transfer agreement includes an indemnification clause, which holds neither
the Commissioners of the Port Authority, nor any director, officer, or employee
thereof harmless from any expenses or personal liability occurring from the
transfer.
Clearwater Fire and Rescue is responsible for all costs of the transportation to
Clearwater, Florida.
Due to the size of the Steel, it could be shipped. The Port Authority is currently
working with UPS trying to set up an exclusive contract to have them arrange
pickup and delivery of artifacts under 150 lbs. Estimated shipping cost is $200.00
or less. A second option is to have someone pick it up and have it put on an
airplane or in a vehicle for transportation to Clearwater, Florida. The Port Authority
would handle getting the artifact packed up for shipment.
4. Financial Services
4.1 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. (consent)
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
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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.
Staff was directed to confirm whether the City could terminate the contract with Kirkland,
Russ, Murphy and Tapp and go out to Request for Proposal (RFP) for a new firm and
whether the previous auditor would be eligible to participate in the RFP.
5. Gas System
5.1 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)
Clearwater Gas System (CGS) has partnered with the General Services/Solid
Waste department to transition a portion of the City fleet from gasoline/diesel to
compressed natural gas (CNG). In order to accomplish this, the City must first
construct a CNG fueling station that has adequate capacity to refuel our vehicles
in the same timeframe as gasoline/diesel fueling. The first classes of vehicles
proposed to utilize CNG are the Solid Waste refuse trucks. Initially 2-3 refuse
trucks will be converted to CNG, then all new replacement trucks will be
purchased as dedicated CNG vehicles. Each refuse truck will save approximately
$12,000 per year, based on an average diesel price of $3 per gallon and natural
gas at $1.36 per therm ($1.88 per diesel gallon equivalent); a savings of over $1
per diesel gallon. The payback on each truck is approximately four (4) years on
converted engines and less than one year on new dedicated CNG trucks.
Additional utility vehicles will be considered by General Services for
conversion/purchase, based on payback. The CNG fueling station will be located
on Hercules Avenue, next to our existing natural gas gate station and in front of
the Clearwater Airpark facility. The CNG station will have two islands with two
dispensers per island. Each dispenser will come with two refueling hoses;
therefore, a total of eight vehicles can refuel at the same time.
Wise Gas, Inc. was selected to construct the station based on their Request for
Proposal (RFP 27-10) submittal. Estimated costs are:
CNG equipment: $933,111
Construction: $563,037
Subtotal: $1,496,148
10% contingency: $149,615
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Total Wise Gas: $1,645,763
Cardno TBE: $99,900 (environmental/site design)
Clearwater Airpark: $104,549 (land transfer)
Total $1,850,212
CGS has been awarded a State 50% matching grant fund, up to $450,000, for the
purchase of CNG equipment. The State will issue these funds to the City after the
equipment is purchased. The first quarter budget amendments will recognize this
grant funding in project 315-96387.
CGS estimates the payback of the station at seven years, which is based on the
eventual fueling of 45 refuse trucks and 30 utility trucks/sedans. Payback will be
enhanced if additional fleets outside the City of Clearwater decide to convert and
start using our station, which is anticipated. Project code 315-96387 currently is
funded at $200,000. After the first quarter transfer of $1.45 million from project
code 315-96386 and after the grant reimbursement of up to $450,000, there will
be approximately $250,000 remaining in the project for a security system, signage
and other contingency items outside the agreement with Wise Gas as well as for
future conversions/purchases of Gas System vehicles to operate on natural gas
fuel. Project code 315-96386 will have approximately $728,000 remaining, which
is sufficient funding for the remaining marketing programs.
In response to questions, Operations Manager Brian Langille said the CNG fueling
station would be open to the public eventually. Clearwater Gas System Managing
Director Chuck Warrington said the self-serve station would be equipped with fueling
hoses with safety nozzles that do not allow CNG to flow unless properly locked to
vehicle. Customers will also be required to view a video on proper fueling before first
fill-up. Mr. Warrington said the City of Sunrise, Florida did convert a few police vehicles
to CNG a few years ago and stopped.
Staff was directed to provide information regarding trend of converting fleet to CNG in
larger police departments.
5.2 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)
The Florida Energy and Climate Commission has issued Grant Agreement
EE0000241 in the amount of $450,000.00 to the City of Clearwater. The grant
proceeds must be used for the construction of a Compressed Natural Gas fueling
station. The grant proceeds will be deposited into Project Code 315-96387.
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The station will be on Hercules Avenue at the entrance to the Clearwater Airpark.
In response to questions, Solid Waste/General Services Assistant Director Rick Carnley
said grant funds must be used to construct the fueling station. Departments are
coordinating efforts to begin replacing vehicles with hybrid vehicles. This will be the first
CNG fueling station in the Tampa Bay area. Clearwater Gas System Managing Director
Chuck Warrington said the city would be able to recoup the excise tax. Operations
Manager Brian Langille said the state levies a $0.18 per gallon gas tax.
Discussion ensued regarding use of hybrid vehicles in solid waste industry. It was
stated current hybrid vehicle option is for diesel engines; hybrid CNG vehicles is not yet
available.
6. Information Technology
6.1 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 City’s Master Lease Purchase Agreement and
authorize the appropriate officials to execute same. (consent)
The increase in automated systems within business operations, growth of imaging
tools for document retention, and redundancy of system data for disaster
preparedness has led to significant growth in data storage requirements for City
operations.
Citywide data storage requirements have grown from 4 terabytes in 2005 to over
20 terabytes in 2010.
The storage array that is being replaced was purchased in 2002 and has reached
end-of-life in support and maintenance.
The new Storage Area Network (SAN) device will provide over 40 Terabytes of
additional storage.
7. Marine and Aviation
7.1 Ratify and confirm award of an emergency contract to R.E. Purcell Construction
Co., Inc. of Largo, Florida for emergency runway repairs at the Clearwater Airpark
for the total price of $123,819. (consent)
Due to the continued settling of the runway, staff is bringing this forward as an
emergency.
R.E. Purcell Construction Company submitted a lower written quote than
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Suncoast Paving or Ajax Paving Industries of Florida.
Council adopted Resolution 10-16 on June 17, 2010 authorizing the execution of
a Joint Participation Agreement with the Florida Department of Transportation
(FDOT) to provide funding for the overlay, marking and repair of runways at the
Clearwater Airpark. FDOT will provide 80% or $100,000 reimbursable funding
and the city will provide 20% or $25,000.
A CIP 315-94863 was created at that time to cover the $125,000 cost.
8. Parks and Recreation
8.1 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)
On December 17, 2009, the City Council approved extending several blanket
purchase orders for landscape maintenance contracts to cover the period of
January 1, 2010 through December 31, 2010 so that all maintenance service
areas of the city could be bid out at the same time each year for all areas. Bids
were solicited for the period of January 1, 2011 through December 31, 2011 with
9 bids solicited; 3 bids and 1 no bid were received on November 19, 2010. The
lowest and most responsible bidder for 5 of the 6 areas was Earth Designs for a
total cost of $209,892. The sixth area will be awarded to Buccaneer Landscape of
Pinellas Park for $38,014.
8.2 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. (consent)
The March 29, 2010 Council Work Session included a Performance Contracting
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
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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
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,
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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, Solid Waste/General Services Assistant Director Rick Carnley
said the project will be using induction lighting. LED lighting was not an option due to
poor illumination; requiring the city to purchase more LED lights to achieve proper
illumination. Parks and Recreation Director Kevin Dunbar said warranty includes
maintenance on the 3 facilities. Assistant City Manager Jill Silverboard said should
technology advance to provide significant increased savings, the city could renegotiate
warranty terms.
Staff was directed to provide information regarding cost for lighting systems at fields.
8.3 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)
On November 22, 2010, the City Council approved termination of lease
agreement between CCCM and approved a new interim agreement with
Clearwater Golf Club, LLC (CGC) to operate the City golf course known as the
Clearwater Country Club. As part of the termination, CCCM agreed that the City
had first lien on the personal property owned by the club so that the City could
continue ongoing operations at the course.
The City and CCCM agreed to hire an independent professional appraiser to
place a monetary value on all personal property owned by CCCM so that the City
could purchase those items needed to continue a smooth transition to new
management.
On September 29, 2010, Mr. Carl Chrappa, A.S.A., M.R.I.C.S., I.F.A. completed
his appraisal of all personal property owned by CCCM. The City and current
operator CGC evaluated the list of items and determined that there is a need to
purchase a total of $159,450 of turf maintenance equipment and clubhouse
equipment.
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Staff is recommending the purchase to be funded with a $50,000 credit from
CCCM and $109,450 from unappropriated retained earnings of the General Fund.
A list of the inventory to be purchased by the City is available for review.
In response to questions, Parks and Recreation Director Kevin Dunbar said $50,000-
payment by CCCM was due on July 1, 2010. There are no unpaid utilities; the city
agreed to pay utilities in order to maintain the facility.
It was requested that staff provide reserve fund balance when utilizing fund.
8.4 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)
On August 5, 2010, City Council directed staff to negotiate a 5-year extension
(March 1, 2012 to February 28, 2017) to the License Agreement between the City
and Alexandra.
In exchange for the extension, Alexandra has agreed to assume responsibility for
the cleanliness, maintenance and operating expenses of the public restrooms in
the Pier 60 Concession building accessible to the public, and any additional
restrooms added to the building or built in the Pier 60 park area. Operating
expenses shall include but not be limited to cleaning supplies, toilet paper, paper
towels, soap, and utility costs including electricity, water, sewer, etc.
Public restrooms at this location will be open to the public during all concession
stand open hours. During inclement weather when the concession stand is closed
the restrooms will be unavailable to the public.
Having Alexandra assume this responsibility for all the restrooms is expected to
save the City $62,140 a year in staff salaries, operating expenses and the cost of
building and maintenance repairs to the existing wooden structures.
New restroom facilities will be constructed in Pier 60 Park within the next year. As
the new facility is opened, two wooden restroom structures, one located north of
the picnic shelter in Pier 60 Park and one located north of the lifeguard building,
will be removed.
During construction of the new restroom facilities, portable restrooms will be
provided by the City but maintained by Alexandra.
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In response to questions, Parks and Recreation Director Kevin Dunbar said renovations
are expected to begin after Spring Break and finish by November 2011. Alexandra will
take over the maintenance and operating expenses once the new restroom facilities
have been constructed. The temporary 6-pack restrooms will be removed once the new
facilities are completed.
8.5 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.
9. Police
9.1 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)
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The Clearwater Police Department (CPD) seeks City Council approval to enter
into a contractual agreement with RCS (a registered non-profit organization with
four distinct yet interwoven programs, which includes The Haven of RCS) to
provide a part-time bilingual victim advocate position from The Haven to be
physically located at CPD headquarters. The victim advocate will work 20 hours
per week and perform the duties associated with the implementation of a
domestic violence victim advocacy program with an emphasis on Spanish-
speaking, Hispanic victims for a one-year period.
While other crimes have shown a decrease in recent years, domestic violence
statistics continue to climb. Some of the crimes that have increased and are the
direct result of domestic violence over the past two-year period include: murders
(300% increase), rapes (300% increase), aggravated stalking (200% increase)
and threat/intimidation (166.7% increase). Additionally, CPD’s grant-funded
partnership with the Hispanic Outreach Center (HOC) that provided victim
advocacy services to Spanish-speaking Hispanics has expired. Domestic violence
cases represented a significant number of victim advocacy cases that were
previously handled by the HOC. The Haven of RCS is a state-certified provider of
domestic violence victim advocacy services; has a number of Spanish-speaking
victim advocates on staff; and has a long history of collaborating with CPD and its
victim advocate on domestic violence issues. Pursuant to the contractual
agreement, The Haven of RCS will provide comprehensive domestic violence
services on-site at CPD for 400 victims, with an emphasis on Spanish-speaking
Hispanics, but includes all domestic violence victims.
All expenses will be charged to the Special Law Enforcement Fund, Special
Project 181-99331.
In response to a question, Police Chief Anthony Holloway said the current victim
advocate is not bilingual.
9.2 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 to execute same. (consent)
The Agreement defines the scope of responsibilities of the Parties concerning the
use of the Clearwater Police Department District II Line-up Room (Premises),
located at 645 Pierce Street, Clearwater, Florida.
The City of Clearwater will be granting to the United States Coast Guard
Auxiliary, Flotilla 11-1, referred to as Licensee, a license to occupy and use the
Premises, subject to all the terms and conditions stated or referenced in the
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Agreement to include available parking areas. All activities will be carried out in
accordance with the terms and conditions outlined in the document. The
Agreement will remain in effect during the 2011 calendar year while the Licensee
is conducting its monthly meetings and the public education programs listed in
paragraph 5.C. of the Agreement and may be amended or modified by the mutual
written consent of the Parties’ authorized representatives.
The Clearwater Police Department shall, at all times, have priority use of the
Premises for its own needs and may cancel any meeting or program, as
referenced in paragraph 5.C, due to an emergency necessitating the use of the
Premises. The Agreement may be terminated at any time, upon thirty (30) days
written notification, by either party.
There are no costs/fees associated with the use of the Premises by the Licensee.
9.3 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)
The Clearwater Police Department has used the Advanced TASER M26
electronic control device platform since 2004 as an intermediate control device for
all sworn personnel in the patrol division. The manufacturer, TASER International,
discontinued the production of the M26 model early this year due to advancing
technology and will no longer repair or replace them.
On March 1, 2010, TASER International announced a TASER electronic control
device trade-in-program where current customers would receive a partial trade-in
credit for trading in Advanced TASER M26 electronic control devices for the
Advanced TASER X26 electronic control device model. This trade in credit
equates to seventy-five dollars ($75.00) per unit. The Clearwater Police
Department has a supply of one-hundred seventeen (117) Advanced TASER X26
electronic control devices in its current inventory. An additional one-hundred
twenty-eight (128) Advanced TASER X26 electronic control devices are needed to
provide a consistent platform for all sworn personnel.
The police department reviewed the model S-200 that is manufactured by Stinger
Stun Systems, Inc., which is comparable to the Advanced TASER X26 electronic
control device. Staff compared price, company stability and reputation of the
model S-200. In August of 2010, Stinger Stun Systems, Inc. went out of business.
Upon completion of the evaluation process, the police department recommends
the purchase of the additional one-hundred twenty-eight (128) Advanced TASER
X26 electronic control device along with the extended four (4) year warranty per
Work Session 2010-12-13 14
unit. The department’s experience with TASER International is positive, its
products have performed as promised, TASER International guarantees legal
support for any lawsuit pertaining to its product, implementation of the Advanced
TASER X26 can be achieved without any significant issues, and the company has
remained interested in the performance of their product in the field by continuing
to identify improvements. The Advanced TASER X26 electronic control device
would be the most economically sound path and would keep a consistency in the
existing platform the police department has used since 2004.
The price of the additional Advanced TASER X26 electronic control devices is
$129,206.95, which includes a one (1) year manufacturer warranty and an
additional four (4) year extended warranty per unit. There would be no recurring
cost for repair or replacement for five years from the purchase date. Funding is
available in Special Project 181-99387, Federal Forfeiture Fund.
In response to questions, Police Lieutenant James Kleinsorge said advanced
technology alleviates concerns associated with cardiac arrest due to a
modulated wattage. The new taser provides a quick shock with less wattage and can
be re-deployed if an individual does not respond to the initial shock.
9.4 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)
The City of Clearwater is surrounded by approximately 50 square miles of
waterways that are under the jurisdiction of the City. The City currently has no
way to project its authority, and encourage boating safety, other than reliance on
the generosity of other law enforcement entities such as the Fish and Wildlife
Commission and Pinellas County Sheriff’s Office.
Clearwater Harbor and Clearwater Pass are among the busiest waterways in the
County. With the recent addition of the downtown boat slips and public docks on
North Mandalay traffic on the waterways will further increase, necessitating
increased boating safety activities and enforcement. Law enforcement
counterparts have experienced budget reductions, reducing the amount of time
they have been able to spend policing our jurisdiction.
The Clearwater Police Department has developed a plan to implement a part-time
marine unit that will patrol on weekends during the peak boating season (April -
September) and during specified holidays and spring break. The scope and
purpose of this unit have been designed to meet the needs of the citizens of
Clearwater and address the aforementioned issues in an efficient and economical
Work Session 2010-12-13 15
way. The unit’s primary responsibility will be boating safety. The normal patrol
area will be limited to the navigable waterways in and around Clearwater Harbor
and Clearwater Pass. Absent an emergency or mutual aid request, this unit will be
highly visible and patrol within ½ mile of our shoreline.
Taking into account the scope and purpose of this part-time unit, the Clearwater
Police Department has reviewed a number of different platforms to facilitate this
mission. The Contender 23 Open, powered by a single Yamaha F250 outboard
stands out as an excellent compromise between speed and efficiency. This
combination will provide a safe and reliable platform from which to conduct vessel
boardings and operations in the normal patrol area while still providing the ability
to respond in moderate weather.
Upon completion of the evaluation process, the police department recommends
the purchase of the Contender 23 Open, powered by a Yamaha F250 outboard
coupled with an Ameritrail tandem axle trailer. This package is available through
Contender Boats Incorporated in the amount of $47,991.38. This purchase will
have no impact on the general fund. Additional costs to equip the vessel will be
funded with Special Project 181-99281, Federal Forfeiture Fund.
Contender Boats is a sole source, state contracted vendor for the 23 Open.
In response to questions, Police Lieutenant Eric Gandy said the Pinellas County Sheriff
patrols the city waterways at their discretion. The Clearwater Police Department has
not had a marine unit since the 1980s. The boat recently acquired by the Fire
Department belonged to another municipality. Police Chief Anthony Holloway said the
boat would be stored on a lift behind the Beach Substation.
10. Solid Waste/General Support Services
10.1 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)
These automobiles will be purchased through the Florida Sheriff’s Association and
Florida Association of Counties Contract 10-18-0907.
These automobiles are included in the Garage CIP Replacement List for Budget
Year 2010/2011 and replace G2854, G2389, G2990, G2759, G2840, G2675 and
G2999. Each vehicle has over 90,000 miles.
The purchase of these automobiles will be paid through Penny for Pinellas III
proceeds.
Work Session 2010-12-13 16
Solid Waste/General Services Assistant Director Rick Carnley said Ford is discontinuing
the Crown Victoria model this year. The Police Department is testing the Chevrolet
Caprice and Dodge Cruze to determine which model best suits police pursuit work. The
Department has purchased two vehicles of each model and will drive a minimum of
25,000 miles to determine performance. Ford next year is going to a front-wheel drive
platform and staff has determined it is not suitable for police pursuit work.
10.2 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.
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)
The Crane Carrier rear loader will be purchased through the Florida Sheriff’s
Association and Florida Association of Counties Contract 10-18-0907, quote
dated November 20, 2010 and specifications 50.
The Crane Carrier rear loader will replace G2556, a 2002 Crane Carrier with
Loadmaster rear loader included in the Garage CIP Replacement list for Budget
year 2010/2011. This truck has 83,562 miles.
11. Engineering
11.1 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.
In response to a question, Engineering Assistant Director Scott Rice said the property
owner who expressed concerns during the November 16, 2010 Council Meeting felt he
Work Session 2010-12-13 17
owned part of the right-of-way. There is no evidence supporting claim.
11.2 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)
Construction of Cleveland Street Streetscape, Phase II - Myrtle Avenue to
Missouri Avenue is scheduled to commence early in 2011.
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 is the final conveyance required to complete proposed
streetscape improvements within project limits.
The Grantor has conveyed herewith the easement interest required for project
improvements as they may encumber the subject property, the northwest corner
of Cleveland Street and Missouri Avenue.
11.3 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)
On January 15, 2009, Council approved a contract with Southeast Drilling
Services, Inc. for the construction of Water Treatment Plants 1 and 3 Wellfield
Expansion Project - Phase 1 (Project 07-0037-UT) to expand local water
production for the City of Clearwater.
The subject Distribution Easement grants Progress Energy authority to provide
electrical power to operate well 1 - 3 of Wellfield 1 located in the southeast corner
of Glen Oaks Park.
11.4 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
Work Session 2010-12-13 18
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.
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.
In response to a question, Engineering Assistant Director Scott Rice said the city is
required to dedicate public right-of-ways as they are treated differently than other city
properties.
11.5 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)
The original Cooperative Funding Agreement (CFA) between Southwest Florida
Water Management District (SWFWMD) and the City of Clearwater (City) for the
Chautauqua/Coachman Ridge Reclaimed Water Project (L810) was approved at
the May 15, 2008 City Council meeting.
Due to low construction costs the City is experiencing in constructing/installing
reclaimed water (RCW) pipelines in the city, this amended CFA will provide for the
additional design, permitting and construction of reclaimed water transmission
mains and distribution piping adjacent to the Chautauqua area. As approved
previously, SWFWMD will reimburse up to 50% of all costs associated with this
project up to the original $ 1,977,000 limit.
The City of Clearwater will ensure that the reclaimed water infrastructure related
to the project is constructed, operated, and maintained in such a manner that it
Work Session 2010-12-13 19
will continue to be utilized to its proposed capacity, as described in the
cooperative funding agreement for a minimum of 20 years.
The City of Clearwater agrees to perform the services necessary to complete the
project in accordance with the amended original agreement, Exhibit A, and the
Project Plan set forth in Exhibit B. Any changes to this scope of work and
associated costs, except as provided within the CFA, must be mutually agreed to
in a formal written amendment approved by SWFWMD and the City of Clearwater
prior to being performed by the City of Clearwater, subject to the provisions of the
Funding as outlined in the cooperative funding agreement.
The project completion schedule is as follows:
Full Design and Permitting Commence - May 30, 2008
Construction Commence - December 31, 2009
Complete Construction - December 31, 2011
Agreement Terminated - December 31, 2012
There is no cost to the City associated with the amended SWFWMD Agreement.
In response to a question, Engineering Manager Rob Fahey said the expansion was
resident driven and no objections have been raised.
11.6 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)
The Archimedes screw pump station, which pumps the effluent from the final
clarifiers to the filter influent channel, was constructed in 1988. A submersible tri-
plex pump station was added in 1996 to supplement the aging screw pump
station. The Archimedes screw pump station has reached the end of its useful
life. Jones Edmunds conducted an evaluation and hydraulic analysis in 2009 and
recommended replacing the screw pump station with a new submersible pump
station. The goal of this project is to provide a reliable pumping station that will
pump the plant design peak hour flows (25 MGD) and meet Class I reliability.
The scope includes replacing the screw pump station and the submersible tri-plex
pump station with new pumps in an existing idle reclaimed water wet well. The
project will also include the demolition of the existing screw pump station, the
Work Session 2010-12-13 20
existing submersible tri-plex pump station and associated equipment.
It is anticipated that construction will be completed in 265 days and be
accomplished by the end of October 2011.
Jones Edmunds and Associates, Inc., the engineering design consultant for this
project and an Engineer-of-Record for the City of Clearwater, was responsible for
the design of the improvements. Eight bids were received and RTD Construction
was the lowest in the amount of $1,651,067.55 for the project. After comparing the
bids, Jones Edmunds and Associates, Inc has provided a recommendation to
award the construction of the project to RTD Construction and City staff concurs.
Marshall Street APCF is located at 1605 Harbor Drive, Clearwater, Florida.
Jones Edmunds and Associates, Inc. will be providing CEI Services to this project
upon the approval of the Work Order.
The City of Clearwater’s Public Utilities Department is responsible for owning,
operating and maintaining the Marshall Street WRF.
Sufficient budget and Utility R and R revenue are available in 0327-96202, WWTP
Screw Pump Replacement in the amount of $1,651,067.55.
A first quarter amendment will transfer budget and 2009 Water and Sewer
Revenue Bond proceeds from 0376-96664, Water Pollution Control R and R in
the amount of $109,075.00 to 0376-96202, WWTP Screw Pump Replacement for
total funding in the amount of $1,760,142.55.
In response to a question, Engineering Manager Rob Fahey said there was one
overflow into Stevenson Creek in October. There are two pump stations at Marshall
Street and both are needed to maintain service.
11.7 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)
The City of Clearwater Engineering Department has determined that it will be
necessary to repair and rehabilitate approximately five thousand (5000) linear feet
of existing stormwater pipelines over the next twelve (12) months. These existing
pipes are deteriorating and near the end of their life cycle.
The goal is to maintain the integrity of the stormwater system and minimize
Work Session 2010-12-13 21
disruptions to our citizens and vehicular traffic by using the Resin Impregnated
Cured in Place Pipe (RICIPP) slip lining method.
The City of Clearwater Engineering Department will direct the contractor to high
priority pipe systems as established by review of inspection reports and
maintenance records with a focus on corrugated metal pipes within easements
between houses. The contract also allows for emergency repair work to be
performed at the unit prices included in the contract.
The City of Clearwater’s Public Services Department Stormwater Maintenance
Division is responsible for operating, inspecting, and maintaining the stormwater
pipelines.
Sufficient budget and revenue is available in Capital Improvement Program (CIP)
project 0315-96124, Storm Pipe System Improvements.
12. Planning
12.1 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. 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,
Work Session 2010-12-13 22
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.
13. Official Records and Legislative Services
13.1 Appoint Terrence Gourdine as the Local Business representative and a
councilmember as the City Council representative to the Sister Cities Advisory
Board with terms to expire December 31, 2014. (consent)
Consensus was to appoint Terrence Gourdine and reappoint Councilmember George N.
Cretekos.
13.2 Approve 2011 State Legislative Package. (consent)
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.
Work Session 2010-12-13 23
Direction was given to add the following under Issues to Support: Support the proposed
concept for high speed rail from Orlando to Tampa with regional connections in high
traffic corridors; require sales tax collection from online retailers and consider financial
impact of police officers and firefighters pension plan reform on municipalities.
13.3 Approve 2011 Federal Legislative Package. (consent)
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.
Staff was directed to draft a letter for the Mayor's signature opposing EPA's numeric
nutrient loading criteria.
14. Legal
14.1 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
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.
14.2 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.
14.3 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.
Work Session 2010-12-13 24
15. City Manager Verbal Reports
15.1 Frenchy’s Restaurant Outdoor Seating Request
The City Manager said the owner of Frenchy's Restaurant on Gulfview Boulevard has
requested to use the public right-of-way grass area in front of the restaurant for outdoor
cafe seating. Current policy regarding redevelopment of Gulfview Boulevard does not
allow use of public right-of-way unless the property is redeveloped. The property owner
does not intend to redevelop the property at this time. Staff is not opposed to the
request given certain conditions so that space could be used as intended by Beach by
Design.
Planning and Development Director Michael Delk said the request was presented as a
typical sidewalk cafe and would be permitted. Staff's only concern was current policy
regarding use of Beach Walk public right-of-way.
In response to questions, Engineering Director Mike Quillen said the property owner has
addressed concern with storm drain and has agreed to stay south of the frontage road.
The area in question is small enough that it will not impact the city's permitted
impervious area for the project. Mr. Delk said the property owner has expressed a
willingness to compliment the Beach Walk construction design and understands there
are no vested development rights if request is approved. The City Attorney said the
request would be handled via a right-of-way utilization permit, which is terminable at any
time by the city.
Discussion ensued regarding redevelopment on Beach Walk with concern expressed
that policy change does not promote redevelopment.
15.2 Morningside Traffic Calming Temporary Speed Tables
Discussion was deferred to December 16, 2010 council meeting.
15.3 Crest Lake Park
Discussion was deferred to December 16, 2010 council meeting.
16. Council Discussion Items
16.1 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
Work Session 2010-12-13 25
Reapportionment Plan and adopt a resolution of support.
Pinellas County Commissioner Karen Seel reviewed the proposed changes. The cities
of Tarpon Springs, Oldsmar and Safety Harbor lose their individual seats and would
rotate the seat every two years. The two beach seats are combined into one and now
have a seat at the MPO. There no longer would be a School Board seat.
Commissioner Seel said the changes add a rotated seat for the cities of Belleair,
Belleair Bluffs, Gulfport, Kenneth City, Seminole and South Pasadena.
In response to questions, Commissioner Seel said staff looked at MPO memberships
across the state and found all are composed differently but include a representative for
smaller cities. Increasing the membership to 15 would increase Board of County
Commission membership requirement to four; currently at three. Florida Department of
Transportation, District 7 Secretary, has a non-voting seat. The cities of Dunedin and
Pinellas Park, Oldsmar, Safety Harbor and Tarpon Springs all have populations under
50,000 and now share a seat. The proposed changes are expected to bring more home
rule to cities, more flexibility to re-zoning and streamline process.
Discussion ensued regarding increasing membership with concerns expressed
regarding the proposed changes diluting Clearwater representation.
The Council recessed from 9:57 a.m. to 10:07 a.m.
16.2 Use of Scanner Cards to Pay for Tennis Court Lighting - Cretekos
Discussion was deferred to December 16, 2010 Council meeting.
17. Closing Comments by Mayor - None.
18. Adjourn
The meeting was adjourned at 11:34 a.m.
Work Session 2010-12-13 26