08/02/2010
WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
August 2, 2010
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George
N. Cretekos, Councilmember Paul Gibson, AND Councilmember Bill
Jonson.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Cynthia E. Goudeau - City Clerk, Rosemarie Call -
Management 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 9:00 a.m. at City Hall.
1. Presentations - Given
1.1 STEMTEC Summer Program Scholarship Funding - Allijah Graham and Marilyn
Browne
Marilyn Browne presented Allijah Graham with STEMTEC Summer Program
Scholarship, a work readiness-training program.
1.2 The Status of the Fishing Industry in Clearwater - Mike Colby
Commercial fishing industry representative Mike Colby provided an update on impacts
recent oil spill and federal closure areas have had on the industry. Mr. Colby said the
Gulf of Mexico Fishery Council develops fishery management plans.
In response to questions, Mr. Colby said the closure of grouper fishing was planned and
not related to the oil spill. Studies show gag grouper population is in trouble. Population
must be managed to sustainable level.
In response to a suggestion, Marina and Aviation Director Bill Morris said staff is
speaking with commercial boat slip renters regarding impact of federal closure and their
ability to pay rent. Staff is monitoring economic impact to the Marina fund.
2. Economic Development and Housing
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2.1 Approve two work orders for American Recovery and Reinvestment Act
Brownfields Assessment and Cleanup Revolving Loan Fund Activities for the
CarPro site located at 1359 Cleveland Street to Cardno TBE, an Engineer of
Record, in the amounts of $86,500 and $70,000 and authorize the appropriate
officials to execute same. (consent)
The Community Redevelopment Agency approved the purchase of the CarPro
Site located at 1359 Cleveland Street on June 1, 2010 for the purposes of
environmental remediation and potential future redevelopment. This
environmental remediation is to be funded with grant funds that have specific
requirements and strict timelines.
Acceptance of these work orders will allow Cardno TBE to complete Brownfields
activities at the CarPro Site necessary to meet the requirements of the American
Recovery and Reinvestment Act (ARRA) Brownfields Assessment and Revolving
Loan Fund (RLF) Grants.
These services are to include Brownfields Site Rehabilitation Agreement
(BSRA), Community Relations Plan (CRP), Site Specific Quality Assurance
Project Plan and Health and Safety Plan, Brownfields Site Assessment Activities,
Pre-Remediation Assessment and Feasibility Study, Remedial Action Plan,
Analysis of Brownfields Cleanup Alternatives (ABCA) and FDEP Brownfields Site
Assessment Report (BSAR).
The above listed activities will be completed in accordance with the Terms and
Conditions of the current City of Clearwater Brownfields Grants and in
accordance with Chapter 17.785 (The Brownfields Cleanup Criteria Rule).
Closing on the Car Pro site should occur by the first week in August at the latest.
This scope of work will be conducted once the CRA owns the site.
3. Financial Services
3.1 Approve the amendment of the Capital Improvement Program (CIP) to
restructure current Water and Sewer Utility funding by reducing project revenue
budgets by $15,665,240 of planned future bond proceeds, increasing project
revenue budgets by $2,922,874 of utility renewal and replacement revenue,
$8,323,626 of sewer revenue and $4,418,740 of water revenue for a total
increase of $15,665,240, resulting in a net budget change of $0. (consent)
This restructuring will adjust the funding sources for the current year project
budgets to agree with the Fiscal Year 2010 Burton and Associates interim rate
study.
The Fiscal Years 2008 and 2009 rate studies projected the need to issue
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revenue bonds in Fiscal Year 2011 to fund projects. Due to project restructuring
and operating savings, the next bond issue is now projected for Fiscal Year
2012.
A major rate study is planned for Fiscal Year 2011 to ensure that rates are in
place to support the Water and Sewer Utilitys CIP, operations, and debt service.
Rate increases are already in place through Fiscal Year 2013. Upon the
completion of the Fiscal Year 2011 major rate study, an agenda item will be
brought for Council approval requesting rate increases to be adopted through
Fiscal Year 2016 to support the issuance of the Fiscal Year 2012 Water and
Sewer Revenue Bonds.
A schedule of the third quarter project budget changes is available.
In response to questions, Finance Director Margie Simmons said staff packages 2 years
of projects in one bond issue. Internal Revenue rules require the funds to be
spent within a certain timeframe; funds have not been spent as quickly as thought. The
bond assumption rate is 5%.
3.2 Approve agreement for external auditing services for fiscal years ending
September 30, 2010 through 2014 with audit firm of Kirkland, Russ, Murphy and
Tapp, for a not-to-exceed amount of $666,000 and authorize the appropriate
officials to execute same. (consent)
The City employed Cherry, Bekaert and Holland, LLP for external auditing
services for fiscal years ending September 30, 2005 through 2009. Per City
Charter Article II, Section 2.01(c) (3) the City cannot employ an external audit
firm for more than five (5) consecutive years.
The City solicited proposals for auditing services from qualified firms per RFP 16-
10 issued May 11, 2010.
Seven (7) firms provided proposals that were ranked by the Audit
Committee, consisting of: Councilmember John Doran; citizen appointee, Herb
McLachlan; and three City staff members: Laura Mahony, Assistant City
Attorney; Robin Gomez, City Auditor; and Clem Vericker, Finance Manager.
The committee completed a preliminary ranking of the proposals and four (4)
firms were chosen as finalists for oral presentations and interviews: Kirkland,
Russ, Murphy and Tapp; KPMG, LLP; Larson Allen, LLP; and Purvis Gray and
Co.
The committee rankings of proposals, reference checks, and oral interviews
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were weighted and combined per the RFP guidelines to arrive at a composite
ranking for each firm. Kirkland, Russ, Murphy and Tapp emerged as the top-
ranked firm.
The proposed contract includes a fixed fee of $114,750 for the fiscal year 2010
audit, which represents a 19.8% decrease from the fiscal year 2009 audit fee of
$143,000. Audit fees for fiscal years 2011 through 2014 will increase annually by
an average of 3.0%, to a total of $128,400 for fiscal year 2014. Also included in
the request is a 10% contingency for any significant changes in the scope of the
audit due to new governmental accounting standards, federal grants, etc.
The audit fee includes approximately $12,000 to be charged to HUD grant
programs and $2,000 to be charged to the Community Redevelopment Agency
for related auditing services. The remainder will be charged to the auditing
services line item included in the Finance Department's budget.
Funding has been provided in the fiscal years 2010 and 2011 budgets for the
September 30, 2010 audit fees, and will be provided in future years, per the
indicated budget line items.
In response to questions, Controller Clem Vericker said auditing services have become
more competitive and reason why proposed rates are less than current rates. The last
firm was unable to bid.
Finance Director Margie Simmons said bids may have gone down more if there was
more competition. Many firms do not perform governmental accounting. The City has
had some years when only two or three firms submitted a bid.
4. Human Resources
4.1 Approve the Addendum to the Agent of Record Agreement between the City of
Clearwater and Gehring Group, Inc., providing for additional services to be
included in the scope of services described in the initial Agent of Record
Agreement dated May 2, 2001 and the Renewal of Agent of Record Agreement
dated April 26, 2006. (consent)
The City has contracted with Gehring Group to serve as Agent of Record
providing consulting services related to City health insurance and other benefits
since 2001. Over that time, the scope of services provided by Gehring Group
has expanded to include numerous additional services, with no increase in the
commission fee structure between Gehring Group and City insurance providers.
This Addendum codifies the following services to be included in the scope of
services provided by Gehring Group to the City of Clearwater:
Provide bid, evaluation, development, implementation, and cost and savings
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analysis services related to on-site medical clinic operations.
Provide Deferred Compensation Plan Review services.
Provide Human Resources Information, including Health Care Reform updates,
through client-only internet access to my.gehringgroup.com Client Portal service.
The Addendum will be effective for a two-year period commencing October 1,
2010 and ending September 30, 2012, with automatic renewal thereafter unless
terminated in writing by either party 30 days prior to the expiration date.
In response to questions, Human Resources Director Joe Roseto said there is no
additional cost for the added services. The 1.5% commission comes from the health
care provider.
Staff was directed to provide information regarding amount Gehring Group will be paid.
4.2 Approve the Amendment to the Administrative Services Agreement between the
City of Clearwater and International City Management Association Retirement
Corporation (ICMA-RC) for the 401a Money Purchase Pension Plan and the
457k Deferred Compensation Plan, to be effective October 1, 2010 through
September 30, 2017. (consent)
The City currently contracts with ICMA as the sole provider for the 401a
Money Purchase Pension Plan, an individual retirement account plan funded by
City contributions only, and as one of two providers for the 457k Deferred
Compensation Plan, a separate voluntary individual retirement account plan
funded by plan participants with no City contributions. This Amendment is a
renewal of the current ICMA Administrative Services Agreement for a seven -
year period, to be effective October 1, 2010. The amended service agreement
codifies the scope of services to be provided by ICMA, includes maintaining the
current provisions for waiving Plan Administration Fees, Account Maintenance
Fees, and Mutual Fund Services Fees, as well as establishing a new provision
affording plan participants the ability to receive an individual Financial Needs
Assessment at no cost for the life of the agreement.
4.3 Approve the timeline for negotiating changes to the Employees Pension Plan,
provide direction on changes desired, and appropriate $200,000 from General
Fund retained earnings to pay for any costs incurred related to such changes
including costs for legal and actuary services related to such changes.
Staff will be making recommended pension plan changes based on prior Council
guidance to focus on eliminating the no-cost spousal benefit, limiting the
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inclusion of overtime in final pension calculations, extending the years of service
to be eligible for retirement, and establishing of a second tier plan for future
employees.
Prior to that recommendation, these potential changes must first be coordinated
with the Pension Plan Attorney to ensure compliance with all applicable laws and
the Plan Actuary for a cost analysis. Once these recommendations are
approved, the City must collectively bargain these changes with all the City
Unions. Once collective bargaining is completed, an actuarial impact statement
must be completed, approval obtained by the State Division of Retirement,
drafting of the referendum language, and final approval by City Council. Due to
these required steps, the earliest a referendum can be held in November 2012.
The proposed time line is as follows:
Council determines specific changes to pursue: Sep-Oct 2010
Actuary provides cost data: Oct-Nov 2010
Follow-up discussions with City Council: Jan 2011
Collective bargaining: Feb-Apr 2011
Union agreement or impasse: May-Oct 2011
Actuary impact statement: Nov 2011-Jan 2012
Obtain State approval: Feb-Apr 2012
Draft referendum language May 2012
1st and 2nd Readings: Jun-Jul 2012
Ballot question to County Aug 2012
Referendum: Nov 2012
In response to questions, Human Resources Director Joe Roseto said the city cannot
change any benefit already earned. Reducing the multiplier is an option the city could
consider. Even if the pension plan is eliminated, the city would still need disability for
public safety employees. Mr. Roseto said the current pension is calculated on all
compensation. The City of Largo provides a defined benefit for public safety employees
and a 401 for all non-safety employees. Largo also contributes to Social Security.
The City Attorney said the city needs to pay for this instead of the pension fund and
suggested hiring pension counsel to advise them.
5. Marine and Aviation
5.1 Approve renewal of the Management Agreement with Clearwater Community
Sailing Association (CCSA) for the second five (5) year renewal option, for the
common areas to the CCSA in lieu of annual CPI increases, saving the city
$27,500 annually, and authorize the appropriate officials to execute same.
(consent)
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The current five-year lease will expire on September 30, 2010. The Clearwater
Community Sailing Association (CCSA) has satisfactorily performed all
requirements of the management agreement and requests approval of the five-
year renewal option. CCSA currently pays $1,271.76 per month in rent and has
assumed an annual CPI increase each January for the past five years. In lieu of
the CPI increase, CCSA requests to assume the responsibilities of the custodial
contract that would save the city $27,500 in custodial contractual obligations. At
an average CPI increase of 2.96% over the past five years, the city would have
made an additional $2,258.40 during the whole five-year period. The CCSA
assuming the custodial contract saves the city $25,241.60 without the CPI
increases annually.
In FY 2002, the citys operational budget for the sailing center was $181,600,
while bringing in $36,840 in revenue, with a cost to the taxpayer of $144,760.
Personnel expense at that time was approximately $92,500 with an operating
expense of $89,100. After partnering with CCSA, a 501(c)3 organization, the city
was relieved of the personnel and operational expense of the sailing center. The
city maintains the facility and custodial contract. In FY2009, CCSA had an
operational budget of $403,593 with a net income of $38,356.
Clearwater Community Sailing Center's Value to the Community
Under CCSA management, services, activities, usage and visibility have vastly
expanded and provided a great deal of goodwill locally, nationally and
internationally for the Clearwater community. The reputation of the center
reflects positively on the City and area. In FY 2009, CCSA received over
$50,000 in donations from private donors and civic associations. The
organization has received approximately $100,000 in the past 3 years and an
additional $25,000 in equipment and boats.
Programs - Over 2,600 children, ages 8-16, have attended CCSC summer & out-
of-school camps in the past 5 years. Approximately 500 children attended
summer sailing camps this past year. More than 1,500 adults, ages 17 to 80,
have taken some form of sailing instruction at CCSC. Students have been both
able bodied and challenged.
CCSA is the home of Sailability of Greater Tampa Bay, which is an organization
that promotes sailing to diverse organizations and persons with all abilities.
Using adaptable boats and equipment based at the center making the center a
fully accessible facility. Some of the organizations that have benefitted from
Sailability are the Shriners, Boys & Girls Clubs, the Youth Ranch, the
disabled Vets, St. Hospital and the Special Olympics.
Sailability is a Special Olympics sanctioned sail training facility hosting Special
Olympic regattas and supporting Special Olympic regatta participation in other
parts of the state.
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CCSA has worked with the Clearwater Yacht Club and has hosted various
national and international regattas, such as the ISAF Laser Mid-Winters that was
held in February bringing over 150 sailors from around the world to Clearwater.
Other regattas include the Snipe Midwinter Championships, Clark Mills Regatta,
and the hometown favorite Carlisle Classic commemorating the Carlisle Family
for their contributions to the sailing center. These various regattas have brought
approximately 300 sailors to the area. Each event is a 2-4 day event with sailors
arriving early and sometimes staying over for practice and training until the next
regatta.
Community Service Programs - The facility provides a variety of services for the
community, such as Coast Guard Auxiliary Safe boating classes, watercolor and
yoga. The Sand Key Civic Association and other condominium associations use
CCSC for their monthly and annual meetings.
Membership and Supporting Organizations - built from approximately 25
members in October 2002, the organization has over 200 members today. The
following provide volunteer and financial support: Sand Key Civic Association,
Clearwater Yacht Club, Clearwater Rotary, Tampa Bay Pilots Association,
Paralyzed Veterans Association, and The Christopher Reeve Foundation. CCSC
is extremely appreciative to the City of Clearwater whose support over the last 8
years has been instrumental to the center's success.
CCSA is expanding water-sporting opportunities with Kai Aniani Canoe Club for
outrigger canoeing and racing and Kahuna Kai/Standup Fitness for standup
paddling, which is the latest craze in non-motorized water-sports.
The vision and business plan for CCSA anticipates building a waterfront facility
that offers a wide variety of environmentally friendly non-motorized water sports
to the community and area and will become the epicenter for promoting water
safety and sporting and educational programs.
6. Parks and Recreation
6.1 Ratify and confirm increasing the Blanket Purchase Order (BR505834) with Left
Coast Excavation Inc. from $100,000 to $150,000 for additional labor and
materials to install concrete at various Parks and Recreation sites and projects.
(consent)
The City entered into a blanket purchase order (BR505834) with Left Coast
Excavation Inc., as the low bidder, for the installation of concrete sidewalks,
pads, and curbs for Fiscal Year 2009/10.
Staff is in the process of preparing an RFP for concrete construction work for
Fiscal Year 2010/11, however, it will not be completed in time to do many of the
additional concrete jobs that are needed this Fiscal Year.
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Left Coast has been a very responsive and acceptable contractor. Staff is
requesting the blanket purchase order be increased by $50,000 to cover any
additional work needed until a new bid can be secured. It is not anticipated that
Parks and Recreation will need the entire $50,000, however, in case of an
emergency the department requests the flexibility to use if needed.
In order to continue maintenance and construction projects during the remainder
of the year, the City Manager approved increasing Left Coast contract from
$100,000 to $150,000.
6.2 Ratify and confirm the establishment of a new Capital Improvement Project
entitled Ross Norton Ballfield Improvements, CIP 315-93619, for $35,000 to be
funded from a $25,000 grant from the Rays Foundation and transfer of
operational funds of $10,000 to the new project. (consent)
Part of the normal operating budget for the City athletic fields is the periodic
renovation of said fields. The Ross Norton Ballfields were scheduled for some
normal maintenance activities to improve the infields, warning tracks, foul line
poles, etc. for a total cost of approximately $10,000.
The Rays Foundation has a grant program to assist in the development and
improvement of youth baseball facilities, to provide enhanced opportunities for
youth to play baseball.
The Director of Parks and Recreation has entered into a Letter of Understanding
with the Rays Foundation to accept $25,000 for the improvement of the Ross
Norton Ballfields.
Improvements to be made with the funds from the Rays include shade shelters
for the spectator areas, improved backstop fencing from softball to baseball
backstops and landscaping to provide a batters eye for the western field.
Work is currently underway and will be completed by the end of August 2010.
Capital project 315-93619, Ross Norton Ballfield Improvements, in the amount of
$35,000 will be established by a third quarter budget amendment recognizing the
$25,000 grant from the Rays Foundation and transferring $10,000 from
operating budget 010-01870-550400-572-000 to the new project.
7. Public Utilities
7.1 Accept the Town of Belleair's Resolution 2010-29 permitting Clearwater to
provide reclaimed water service to its residents when feasible and otherwise not
available and adopt Resolution 10-17.
The City of Clearwater and Town of Belleair agree via an Interlocal Agreement
that Clearwater may provide reclaimed water service to Belleair's residents when
feasible and not otherwise available.
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Belleair's Commission passed and adopted Resolution 2010-29 on July 20,
2010, authorizing the agreement.
Clearwater is requested to a
Resolution 10-17.
There is no cost associated with this item.
7.2 Approve an Interlocal Agreement with the Town of Belleair permitting the City of
Clearwater to provide reclaimed water service to its residents when feasible and
otherwise not available and authorize the appropriate officials to execute same.
Belleair Country Club (BCC) has requested reclaimed water service from
Clearwater to supplement irrigation for its golf course. Pinellas County holds an
interlocal agreement with the Town of Belleair to treat its wastewater and return
reclaimed water service to the town. The Town of Belleair provides reclaimed
water services to two golf courses. BCC also relies on well water to meet their
irrigation needs. BCC has requested that Clearwater provide reclaimed water in
addition to reclaimed water provided by Pinellas County. Staff has recommended
this project as feasible, and it is in design at this time.
The reclaimed water main passes by a residential neighborhood to reach BCC's
golf course. The resident homeowners along the pipeline route, on Willadel
Drive, have requested to be supplied with reclaimed water, as it is not available
through the Town of Belleair via Pinellas County. Staff recommends providing
this service to the residents whose property is adjacent to this pipeline.
Chapter 180, Florida Statutes provides that the City of Clearwater has the power
and the present capability to provide such reclaimed water service in the Town of
Belleair; and Attorney General Opinion 94-28 provides language that is more
specific to that effect.
The Town of Belleair and Clearwater wish to set forth their agreement with
respect to the provision of such reclaimed water service to those areas within the
corporate limits of the Town of Belleair, pursuant to the provisions of the Florida
Interlocal Cooperation Act of 1969, as amended.
Both parties wish to avoid the necessity of governing boards. Approval for future
situations wherein reclaimed water is not available by the Town of Belleair, but
could feasibly be provided by the City of Clearwater.
There is no cost associated with this item.
7.3 Amend Chapter 32, Clearwater Code of Ordinances, as related to general
potable and reclaimed watering schedules, and pass Ordinance 8202-10 on first
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reading.
The Governing Board of the Southwest Florida Water Management District
(SWFWMD) lifted water shortage restrictions effective July 1, 2010, following a
three-year drought.
Created in response to the original water shortage restrictions imposed by
SWFWMD, Clearwater Ordinance 7802-07 contains a provision giving the City
Manager authority to alter Clearwater's watering restrictions contained in Code
Section 32.153 upon declaration of changes by SWFWMD in accordance with
SWFWMD?s administrative order.
Ordinance 8202-10 codifies normal condition watering schedule as
altered by the City Manager and aligns the reclaimed watering schedule for more
hours of availability and ease of enforcement.
There are no costs associated with this item.
In response to questions, Public Utilities Director Tracy Mercer said the city's watering
schedule should be about the same as Pinellas County. Assistant City Manager Jill
Silverboard said the South West Florida Water Management District does not have
general watering schedules but restrictions.
7.4 Approve an increase to an existing three-year contract (purchase order
BR504735) to Polydyne, Inc., of Riceboro, GA, increasing the contract by
$169,869.28, for a new total value of $709,869.28 for Polymer Services (RFP
12-08), and authorize the appropriate officials to execute same. (consent)
thicken biosolids and reduce the amount of water in the final cake, thereby
reducing the cost required to haul and dispose of the biosolids.
The City advertised the Request for Proposal (RFP 12-08) and required that the
potential polymer suppliers perform trial runs with their proposed products. The
submitted price for the product and dewatering effectiveness on Clearwater
biosolids (as per trial results) combine to make Polydyne the most cost effective
provider.
Additional funds are requested to be added to purchase order BR504735 at this
time. Extra polymer has been needed to accomplish sufficient thickening and
dewatering to minimize the cost of hauling the final biosolids cake for disposal
due to aging sludge thickening and drying equipment. The rotary drum
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thickeners have been recently rebuilt in-house. However, the filter belt presses
are approaching the end of their useful service life and continue to require
additional polymer to achieve acceptable results. The replacement of this
equipment is in design, but the construction has been delayed to evaluate this
project in combination with a future Performance Based Contracting wastewater
treatment audit.
Sufficient budget is available in the Water and Sewer Utility Fund operating cost
center 0421-01351-551000-535-000-0000, WPC Operations, to fund $35,628.01
of the current year cost of this contract increase and is planned in the budget
request to be brought forward for Fiscal Year 2010/2011 in the amount of
$134,241.26.
8. Engineering
8.1 Accept a Fire Hydrant and Utility Easement over, under and across a portion of
the plat of 440 West, a condominium, as conveyed by 440 West, Inc. in
consideration of receipt of $10.00 and the benefits to be derived therefrom.
(consent)
During reconstruction of South Gulfview Boulevard, the fire hydrant at 440 South
path for the new sidewalk.
The Board of Directors of the condominium homeowners association at 440
West granted a perpetual easement over the subject property, approximately 5
feet by 6 feet. The hydrant has been relocated into the easement and is
operational, for an additional project cost of $2,257.00.
8.2 Accept a 2.5-foot Sidewalk Easement over, under, across and through a portion
of Section 8, Township 29 South, Range 15 East as conveyed by Decade
Companies Income Properties, LLC in consideration of receipt of $10.00 and the
benefits to be derived therefrom. (consent)
On July 21, 2009, the Community Development Board approved a site plan for
Decade Companies Income Properties to construct a 108-unit overnight
accommodations development at the intersection of Coronado and Devon
Drives.
The approval required that the developer grant the City a perpetual easement for
sidewalk and underground utility installation within an existing 2.5-foot public
sidewalk encroachment upon the development site.
The subject easement fulfills the aforementioned requirement, formally
acknowledging the existing sidewalk and underground utilities encroachment,
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and establishing perpetual authority for the City to repair, maintain and replace at
City discretion.
8.3 Approve a King Engineering Associates, Inc. work order in the amount of
$779,978.00 to provide planning, design, permitting and other services related to
the Idlewild and The Mall Sanitary Sewer Expansion Project (09-0019-UT);
approve a grant from the U.S. Environmental Protection Agency in the amount of
$477,000; and authorize the appropriate officials to execute same. (consent)
This Agenda Item provides for updated planning, design services, and permitting
for the construction of new sanitary sewer system to connect areas that are
currently served by septic tanks as identified in the City's Sewer System
Expansion Feasibility Study of 2002.
This project will target the Idlewild and The Mall areas of Clearwater; the main
portion of the project is located north of Sunset Point and east of Douglas
Avenue and is bounded to the north by Union Street, and east by King Highway.
The new system will connect approximately 450 residential customers to the
sanitary system.
The grant between U.S. Environmental Protection Agency and the City of
Clearwater will reimburse up to 55 % of design and engineering services not to
exceed $477,000, which is under the Federal Special Appropriations Projects
(SPAP) Program.
The design phase is anticipated to be complete by June 2011, with the
construction phase scheduled for completion by October 2013.
King Engineering Associates, Inc. is one of the City's Engineers-of-record, and
this work order was negotiated in accordance with the Consultants Competitive
Negotiations Act.
A third quarter amendment will increase the budget in Capital Improvement
Program (CIP) project, 0315-96630, Sanitary Sewer Extension for the grant from
U.S. Environmental Protection Agency in the amount of $477,000 under the
Federal Special Appropriations Projects (SPAP) Program. The remaining
balance of $302,978 to complete the work order is available in CIP 0315-96630,
Sanitary Sewer Extension, as well as an additional $87,295 for other incidentals
such as permits and testing.
In response to questions, Engineering Manager Rob Fahey said most of the parcels are
in Clearwater, those in the unincorporated area will require to be annexed into the city
as a condition to receive service. Some of the customers have signed an Agreement to
Annex and paid a 25% surcharge. Mr. Fahey said there are no capacity issues.
Work Session 8/2/2010 13
Staff was directed to provide the number parcels on the system inside Clearwater.
8.4 Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances,
establishing a parking ticket dismissal program, revising the time frame and fee
structure for delinquent parking tickets, establishing a program allowing
temporary or permanent removal or rental of municipal parking, modifying
Appendix A, Schedule of Fees, and pass Ordinance 8168-10 on first reading.
In 2008, the parking system installed multi-space parking pay stations in several
off street parking facilities on the beach. For enforcement purposes, the
ordinance requires further clarification when referring to metered parking in order
to include the pay stations.
Establishing a parking ticket dismissal program with specific criteria will eliminate
the need to hear certain contested violations in court, thereby saving staff time
and court costs. The proposed fee of $10.00 will cover administration costs for
the initial ticketing, follow-up review and dismissal processes.
By extending the delinquent parking ticket time frame from 80 to 90 days, the
City can fully recover the collection fees, which are currently being charged to
the City by the processing company. The fees will be passed on to the offender.
At various times there is a temporary need to remove metered parking to
accommodate construction and other limited special uses. Establishing a fee for
the temporary removal and reinstallation of the meter will cover the cost of this
expense. The proposed fee is $50 for the removal and $50 for the reinstallation.
The proposed fee for the permanent removal of any municipal parking is
calculated based upon the current daily rental rate for a period of two years.
Temporary use of any municipal parking, including valet operations, must be
approved in advance in accordance with specific requirements. The fees are
based on the current daily fee schedule along with a proposed administrative
fee.
Updates to Appendix A, Schedule of Fees, include:
- Eliminating specific dollar amounts for the rental of parking spaces and include
language stating the highest current City of Clearwater municipal daily rate,
which is how the current rates are calculated;
- Administrative Fees for parking space rentals: $20 for five or less spaces, $30
for six to 10 spaces, and $50 for eleven or more spaces;
- Permanent loss of parking fee is based on the loss of daily revenue for a period
of two years instead of one year.
Work Session 8/2/2010 14
In response to questions, Parking Manager Tracey Bruch said the city did use the Clerk
of the Court but experienced better results with the current out-of-state vendor. The
vendor was chosen through a competitive bid process. All five responses were from
out-of-state vendors who specialize in paring ticket/code violations. Ms. Bruch said the
letter sent to the violator provides the location of the violation and details on how to pay.
Discussion ensued regarding the 3-hour meter limit. It was stated that language was
included as a mechanism to enforce greater parking turnover in select areas.
The Council recessed from 10:50 a.m. to 10:59 a.m.
9. Planning
9.1 Establish the Clearwater Greenprint Stakeholder Steering Committee and
provisions for member eligibility, categories and term of office, adopt Resolution
10-20, and appoint committee members.
Clearwater Greenprint will lead to the adoption of strategies and actions to
enhance mobility, increase energy efficiency and conservation, and reduce
greenhouse gas emissions citywide. The primary objectives of the project are to:
1) set the policies and strategies to guide energy efficient growth and
redevelopment in Clearwater over the next 20 years; 2) develop an action plan
for public and private sector decision-making that substantially advances the city
in its pursuit of community sustainability and quality of life; and 3) meet
requirements mandated by Florida Senate Bill 360 (transportation mobility) and
Florida House Bill 697 (energy-efficiency).
A steering committee comprised of Clearwater stakeholders will benefit the
Clearwater Greenprint project by providing strategic direction and evaluation of
the planning process and products (e.g., proposed strategies and actions). The
Stakeholder Steering Committee will consist of 15-21 members representing
diverse perspectives, experiences and cultures.
Specifically, the committee will assist the project team in:
Establishing strategic direction for Clearwater Greenprint;
Setting mobility and sustainability goals and policies for Clearwater
Comprehensive Plan;
Generating public interest and participation in project surveys, interactive open
houses and public hearings;
Communicating the vision and strategy to others within their professional and
social networks; and
Ensuring vision continuity through leadership changes.
Work Session 8/2/2010 15
For the first phase (comprehensive plan amendments), the members will
participate in a series of scheduled committee meetings from August 2010 to
February 2011, at which time the adoption public hearing process begins. The
committee will reconvened in spring/summer 2011 to commence the project's
second phase (Community Development Code amendments). Member terms of
office will be two years; a little greater than the anticipated timeframe for both
project phases. It is hoped that members will be able to participate throughout
both project phases. The committee will sunset at the conclusion of the same
two-year period.
A call for committee member applications was published on June 21, 2010, and
27 applications were received by the Planning and Development Department
prior to the July 14, 2010, application deadline. Staff has evaluated the
applications based on the desired committee composition, as defined by the
committee membership categories and targeted level of representation for each
(see resolution), and developed a recommended slate of committee members for
consideration and approval by City Council.
Concern was expressed regarding attendance. There was consensus to amend the
resolution to include a provision requiring removal from the committee after three
absences.
9.2 Approve amendments to the Clearwater Comprehensive Plan adding Future
Land Use Map categories for transit oriented development, adding an objective
and policies pertaining to the new categories, and pass Ordinance 8201-10 on
first reading.(CPA2010-06001)
The Federal Transit Administration's (FTA) New Starts Program funds fixed
guideway projects. The Alternatives Analysis is the first step in fulfilling the New
Starts criteria. The Tampa Bay Area Regional Transportation Authority
(TBARTA), Pinellas County Metropolitan Planning Organization (MPO), Pinellas
Suncoast Transit Authority (PSTA) and Florida Department of Transportation
(FDOT) signed a Memorandum of Understanding to undertake an FTA
Alternatives Analysis. The Alternatives Analysis will identify a preferred transit
alignment and station locations in Pinellas County.
The second step in competing for funding in the New Starts program is justifying
transit projects by having transit supportive land use policies. The TBARTA Land
Use Working Group developed transit oriented development guiding principles.
Using these principles throughout the Tampa Bay area will make it easier to
work towards common goals and effectively compete for funding. This
amendment contains transit-oriented development policies based on TBARTA's
guiding principles.
Work Session 8/2/2010 16
The Planning and Development Department is proposing amendments to the
Clearwater Comprehensive Plan that add plan classification categories for
transit-oriented development and an objective and policies pertaining to the new
categories. The new categories and their intensity standards are as follows:
Classification
Minimum and Maximum Intensity
Type I: Urban Center Downtown
FAR 1.5-7.0 (no limit on maximum FAR within 1/8 mile of the transit station)
Type II: Suburban Center
FAR 0.5-5.0
Type III: Neighborhood Center
FAR 0.5-3.0
Type IV: Complete Street Corridor
FAR 0.5-2.0
The policies address the following issues: How transit station locations and
typologies are determined;
How transit station area plans are adopted;
How transit station area planning is handled when it traverses jurisdictional
boundaries;
What each transit station area plan must include;
The guiding principles to be followed in the planning, design and development of
transit station area plans as related to: - Community and Economic Development
- Land Use
- Mobility
- Parking
- Urban Design A copy of the staff report, which contains further analysis and
information on the proposed amendments, is available.
The Community Development Board (CDB) reviewed the proposed plan
amendment at its meeting on July 20, 2010. The Planning and Development
Department will report its recommendation at the August 5, 2010 City Council
meeting.
In response to questions, Planning Manager Tammy Vrana said the minimum intensity
establishes a base ridership needed to support the transit facility. The 1/8 mile rule for
transit station location is a general measure. Precise station area plans will be
developed.
Work Session 8/2/2010 17
9.3 Approve a Future Land Use Map Amendment from the Residential Urban (RU)
classification to the Institutional (I) classification and a Zoning Atlas Amendment
from the Low Medium Density Residential (LMDR) District to the Institutional (I)
District for property at 110 N. McMullen Booth Road, located on the northeast
corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29
South, Range 16 East, and pass Ordinances 8193-10 and 8194-10 on first
reading. (LUZ2010-05001)
The proposed amendments involve 0.219 acres of land located at the northeast
corner of Virginia Avenue and Meadow Lark Lane, approximately 335 feet east
of Bayview Avenue. The subject property is part of a larger parcel owned and
occupied by First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church
(applicant). The subject property is undeveloped. The applicant intends to use
the property in the future for stormwater drainage or athletic fields for
church/school use.
The request is to change the future land use classification of Residential Urban
(RU) to Institutional (I) and the zoning designation of Low Medium Density
Residential (LMDR) to Institutional (I). The applicant recently received approval
for Institutional land use and zoning designations for 28 parcels surrounding the
subject property, which was inadvertently excluded from the prior action by the
applicant.
The Planning and Development Department has determined that the proposed
future land use and rezoning amendments are consistent with Community
Development Code standards in that:
The proposed land use plan and zoning amendments are consistent with the
Comprehensive Plan.
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the Future Land Use Map
amendment is subject to approval by the Pinellas Planning Council and Board of
County Commissioners acting as the Countywide Planning Authority. Based on
the density of the category requested, review and approval by the Florida
Department of Community Affairs is also required.
The Community Development Board reviewed the proposed amendments at its
public hearing on July 20, 2010.
The Planning and Development Department will report the
Work Session 8/2/2010 18
recommendation to the City Council at a public hearing on August 5, 2010.
9.4 Approve the Future Land Use Plan Amendment from the Institutional (I),
Commercial General (CG), Preservation (P), Water/Drainage Feature,
Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the
Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and
Water/Drainage Feature Categories and the Zoning Atlas Amendment from the
Institutional (I), Commercial (C), Preservation (P), Low Density Residential
(LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I),
Preservation (P), and Open Space/Recreation (OS/R) Districts, for property
located at 3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16,
Township 29 South, Range 16 East)and pass Ordinances 8197-10 and 8918-10
on first reading and approve a Development Agreement for this property
between Clearwater Christian College Private School, Inc. and the City of
Clearwater and adopt Resolution 10-18. (LUZ2010-06002 and DVA2010-06001)
The subject site is comprised of four parcels of land 131.05 acres in area. It is
located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east
of Bayshore Boulevard.
The applicant is requesting to amend the Future Land Use Plan Map designation
for the parcels from Institutional (I), Commercial General (CG), Preservation (P),
Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low
(RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space
(R/OS), and Water/Drainage Feature and to rezone it from the Institutional (I),
Commercial (C), Preservation (P), Low Density Residential (LDR), and Open
Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and
Open Space/Recreation (OS/R) Districts in order to expand the existing college
and to make certain land use and zoning designations consistent with the actual
characteristics of the area.
The proposed Institutional (I) future land use category would permit up to 331
dwelling units (993 dormitory beds) or a maximum of 751,736 square feet of
nonresidential floor area; however, the college is comprised of residential and
nonresidential space so a mixed-use calculation is required. The applicant is
proposing to limit the residential density to 750 dormitory beds and the
nonresidential intensity to 170,000 square feet of classrooms and administrative
facilities through a development agreement (DVA2010-06002).
The Planning Department has determined that the proposed land use plan
amendment and rezoning applications are consistent with the following
standards specified in the Community Development Code: The proposed land
use plan amendment and rezoning application are consistent with the
Comprehensive Plan. The proposed use is compatible with the surrounding
area. Sufficient public facilities are available to serve the property. Based on the
proposed mitigation plan, the applications will not have a negative impact on the
Work Session 8/2/2010 19
natural environment.
In accordance with the Countywide Plan Rules, the future land use plan
amendment is subject to the approval of the Pinellas Planning Council and the
Board of County Commissioners acting as the Countywide Planning Authority.
Due to the size of the plan amendment site and the density allowed in the
Institutional Plan Category, review and approval by the Florida Department of
Community Affairs is also required. The applicant is requesting approval of a
Development Agreement in conjunction with the proposed future land use plan
amendment. The Development Agreement proposes dividing the total property
into two areas, a Mitigation Area (98.99 acres) and a Master Plan Area (32.06
acres). The proposed agreement includes a conceptual Master Plan limiting
residential density to 750 dormitory beds and nonresidential density to 170,000
square feet (0.149 floor area ratio), a Mitigation Plan, and an easement for
access to Coopers Point Nature Park. The Mitigation Plan requires upgrades
to the entire stormwater facilities within the Master Plan Area, application
for approval of a Mitigation Bank, a conservation easement over the Mitigation
Area, and establishes boundary change procedures in the event that the agency
permitting process results in changes to the proposed wetland jurisdictional
boundary line as depicted on the Master Plan.
The Planning Department has determined that the proposed Development
Agreement is consistent with the City's Comprehensive Plan. Please refer to the
attached development agreement (DVA2004-00004) staff report for the complete
analysis.
The Community Development Board will review the proposed amendments at a
specially scheduled meeting on August 3, 2010 and make a recommendation to
the Council. The Planning and Development Department will report the
recommendation at the City Council meeting.
In response to questions, Environmental Manager Ed Chesney said there is poor
flushing in the preservation area and the mitigation plan proposes a hydraulic
connection underneath Damascus Road. The City would not grant a permit until all
other permits are received. Engineering Assistant Director Scott Rice said currently
Pinellas County and access obtained through college property.
Discussion ensued with concerns expressed regarding location of bald eagle nest.
Mr. Chesney said the Florida Fish and Wildlife Commission allowed construction within
300 feet of the nest. The proposed ball fields will need to satisfy current state and
federal permits. The ball location may need to be adjusted.
9.5 Deny a Future Land Use Map Amendment from the Residential/Office General
Work Session 8/2/2010 20
(R/OG) and Residential Urban (RU) classifications to the Commercial General
(CG) Classification and a Zoning Atlas Amendment from the Office (O) and Low
Medium Density Residential (LMDR) districts to the Commercial (C) District for a
portion of the property located at 1475 Sunset Point Road (unplatted land in NW
of SW of Section 2, Township 29 South, Range 15 East, and part of Lot 9
Brentwood Estates), and deny passage of Ordinances 8195-10 and 8196-10 on
first reading. (LUZ2010-06001)
This future land use map amendment and rezoning application involves 1.23
acres of an approximately 1.52-acre parcel, located on the south side of Sunset
Point Road, approximately 150 feet west of North Highland Avenue. This
property has Future Land Use Map classifications of Residential/Office General
(R/OG) and Residential Urban (RU) and zoning designations of Office (O) and
Low Medium Density Residential (LMDR). The applicant is requesting to amend
the future land use classification to the Commercial General (CG) classification
and the zoning district to the Commercial (C) District. Currently, 0.29 acres of the
subject property have commercial future land use and zoning classifications.
The subject property functioned as a bank beginning in 1965 and ending in May
2007 with the closure of Bank of America. The former bank site contains a
building, parking lot, and entrance on the north portion of the property fronting on
Sunset Point Road, and a drive through and drive isle traversing the eastern
portion of the property and connecting to Highland Avenue. This land use map
amendment and rezoning application was not accompanied by an application for
site redevelopment, therefore no use is currently proposed.
The Planning and Development Department has determined that the proposed
Future Land Use Map amendment and rezoning amendment are inconsistent
with the Community Development Code as specified below:
The proposed amendment is inconsistent with the Comprehensive Plan, the
Countywide Plan Rules, and the Community Development Code;
The available uses in the Commercial (C) District are incompatible with the
surrounding area; and
The proposed amendment conflicts with the character of the neighborhood.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. The application is
a large-scale amendment and review and approval by the Florida Department of
Community Affairs is required.
The Community Development Board reviewed this application at its public
Work Session 8/2/2010 21
hearing on July 20, 2010. The Planning and Development Department will report
its recommendation at the August 5, 2010 City Council meeting.
In response to questions, Planner Catherin Lee said the proposed reduction in peak
trips was compared to existing designation. The property previously operated as a bank
and has been vacant for 6 months. If the property were to reopen as a bank, the
applicant would have to apply for a flexible development and make some
improvements. Ms. Lee said the reopening as a bank would not require zoning
changes. No site plans have been submitted.
10. City Manager
10.1 Approve temporary lease between City of Clearwater and Bottlenose
Productions, Inc. for use of the Harborview Center in conjunction with the
production of the motion picture A Dolphins Tale, and authorize the appropriate
officials to execute same. (consent)
Bottlenose Productions, Inc., is the producer of the upcoming film A Dolphin's
Tale, which will be filmed in and around Clearwater and the Clearwater Marine
Aquarium. They want to lease the Harborview Center for the construction and
operation of motion picture sets and ancillary facilities needed for production of
the motion picture. The sets and facilities will be constructed within the interior
improv
The size and proximity of the Harborview Center to the primary production area,
in and around the Clearwater Marine Aquarium, make the Harborview Center
important to the success of the filming. The Lease period will extend from August
9, 2010 until December 31, 2010. Bottlenose Productions will absorb all costs of
Harborview Center operation during the lease period and will insure and
indemnify the City.
The movie production will provide significant economic benefit and international
tourism exposure to the City of Clearwater and the Clearwater Marine Aquarium
as a result of the production within the City and the resultant film distribution.
In response to questions, Assistant City Attorney Laura Mahony said the lease provides
that the production company is taking the facility as is. Modifications will be presented
in writing for city approval. There is no expense to the city.
11. Official Records and Legislative Services
11.1 Reap
in the Agency or Government Representative category, with terms to expire
August 31, 2014, and appoint Joe DeCicco in the Agency or Government
Work Session 8/2/2010 22
Representative category and Barbara Green in the Resident category, with
terms expiring August 31, 2014, to the Brownfields Advisory Board. (consent)
Concern was expressed regarding terms ending on same date. It was suggested that
the terms be staggered.
The City Clerk said current policy does not require that terms be staggered.
There was consensus to place the re-appointments on the consent agenda and
continue the new appointments until policy is amended to require staggered terms.
11.2 Approve the Council Policies
The Council reviewed its policies at the June 1, 2010 Work Session. Revisions
have been made based on direction provided.
Staff also recommends amending Policy 24E, Landscaping of City roads, to
include consideration of ease and frequency of maintenance in landscape
material selection.
Staff requests the Council review Policy 20B, Sparkling Clearwater, and provide
direction regarding whether changes are needed to reflect current Council
philosophy.
Finance is preparing an updated Investment Policy to present to Council at the
August 18, 2010 Council Meeting.
In response to questions, the City Clerk said Policy 1C refers to non-city boards, which
may not have 4-year terms as the city. The Council's Executive Assistant submits all
travel reports on Council's behalf.
There was consensus to amend Policy 2D to require prior approval of the City Council.
11.3Amend Council Rule 6 and adopt Resolution 10-21.
The Council reviewed its rules at the June 1, 2010 Work Session and directed a
change to Rule 6 to expand the time allowed for public comment to 60
minutes.
12. Legal
12.1Adopt Ordinance No. 8174-10 on second reading, annexing certain real property
Work Session 8/2/2010 23
whose post office address is 133 West Grapefruit Circle, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
12.2Adopt Ordinance No. 8175-10 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 133 West Grapefruit Circle,
upon annexation into the City of Clearwater, as Residential Low (RL).
12.3Adopt Ordinance No. 8176-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 133 West
Grapefruit Circle, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
12.4Adopt Ordinance No. 8178-10 on second reading, annexing certain real property
whose post office address is 1711 Lakeview Road, together with the abutting
right-of-way of Lakeview Road and Laurel Drive, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
12.5Adopt Ordinance No. 8179-10 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1711 Lakeview Road, together
with the abutting right-of-way of Lakeview Road and Laurel Drive, upon
annexation into the City of Clearwater, as Residential Low (RL).
12.6Adopt Ordinance No. 8180-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1711
Lakeview Road, together with the abutting right-of-way of Lakeview Road and
Laurel Drive, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
12.7Adopt Ordinance No. 8182-10 on second reading, annexing certain real property
whose post office address is 1845 Audubon Street into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
12.8 Adopt Ordinance 8183-10 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1845 Audubon Street, upon
annexation into the City of Clearwater, as Residential Low (RL).
12.9Adopt Ordinance No. 8184-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1845
Audubon Street, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
12.10 Adopt Ordinance No. 8199-10 on second reading, Amending Chapter 32, Code
Work Session 8/2/2010 24
of Ordinances, relating to residential reclaimed water service outside city limits
within an incorporated area and location of reclaimed water service lines, and
adding Interlocal Agreement as a means for providing service.
13. Council Discussion Items
13.1Lease Extensions for Crabby Bills and Sunsets at Pier 60 - Mayor Hibbard
Discussion ensued with concerns expressed regarding locking into a long-term
extension.
The City Manager said Crabby Bill's is requesting a 4-year renewal from 2011. The
Beach Concession is requesting a 5-year extension from 2012.
In response to questions, Parks and Recreation Director Kevin Dunbar said the city
would realize a $65,000 annual savings if the Beach Concession maintained the
restrooms. Marine and Aviation Director Bill Morris said the Beach Concession pays a
base rent plus 20% of annual revenue.
Consensus was to defer discussion to Thursday.
13.Impact of SB 1196 re fire sprinkler retrofit - Councilmember Gibson
2
Consensus was to continue item to August 18, 2010.
13.Sea Oat Planting
3
Discussion continued to Thursday's council meeting.
14. Closing Comments by Mayor - None.
15. Adjourn
The meeting was adjourned at 12:42 p.m.
16. Presentation(s) for Council Meeting
16.Presentation of Menorah by Rabbi Shmuel Reich
1
Work Session 8/2/2010 25