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04/07/2011 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER April 7, 2011 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, Rosemarie Call - City Clerk, and Nicole Sprague – Official Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Mayor Frank Hibbard 3. Pledge of Allegiance 4. Presentations – Given. 4.1 Donate Life Month Proclamation, April 2011 – Karen Brooks, Lifelink Volunteer 4.2 National Library Proclamation, April 6-10, 2011 – Jennifer Obermaier, Library Assistant Director 5. Approval of Minutes 5.1 Approve the minutes of the March 17, 2011 City Council meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson requested that page 14, second paragraph, be amended to read, “… there are traffic monitoring cameras along Belcher Road and Gulf to Bay Boulevard.” Council 2011-04-07 1 Councilmember Bill Jonson moved to approve the minutes of the March 17, 2011 City Council meeting as amended. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Mike Riordon expressed pedestrian and cyclist safety concerns regarding the East Avenue/Court Street intersection. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 8248-11 on second reading, amending the operating budget for the fiscal year ending September 30, 2011 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Clearwater Harbor Marina Fund, Parking Fund, Harborview Fund, Administrative Services Fund, General Services Fund, Garage Fund, and Central Insurance Fund. Ordinance 8248-11 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8248-11 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.2 Adopt Ordinance 8249-11 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2011, to reflect a net increase of $3,012,303.32. Ordinance 8249-11 was presented and ready by title only. Councilmember Paul Gibson moved to adopt Ordinance 8249-11 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2011-04-07 2 7.3 Adopt Ordinance 8250-11 on second reading, amending the composition of the Sister Cities Advisory Board to provide that the representative of Clearwater Sister Cities, Inc. is not required to be a resident of the city. Ordinance 8250-11 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8250-11 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8. Consent Agenda – Approved as submitted. 8.1 Approve settlement of the workers compensation claim of Gary Lutman, a left knee injury, in the amount of $104,477, and authorize the appropriate officials to execute same. (consent) 8.2 Approve settlement of the workers compensation claim of Gary Lutman's left hip, back injury, and authorize the appropriate officials to execute same. (consent) 8.3 Amend the contract with Wise Gas, Inc. to $674,341 to design and construct a compressed natural gas refueling station; approve a Purchase Order with Wise Gas, Inc. in the amount of $927,267 for the direct equipment purchase of compressed natural gas filling station equipment; and authorize the appropriate officials to execute same. (consent) 8.4 Award a contract (blanket purchase order) for Gas Material Polyethylene Pipe and fittings in the amount of $70,000 to M. T. Deason; and in the amount of $125,000 to General Utilities Pipe for the period of April 1, 2011 to March 31, 2012 and authorize the appropriate officials to execute same. (consent) 8.5 Award a contract (blanket purchase order) for Gas Material Steel Pipe and fittings in the amount of $70,000 to M. T. Deason; and in the amount of $125,000 to General Utilities Pipe for the period of April 1, 2011 to March 31, 2012 and authorize the appropriate officials to execute same. (consent) 8.6 Approve Supplemental 4 Work Order to Engineer of Record (EOR) URS Corporation Southern for Year 2 of Remedial Action Plan in the amount of $62,700. (consent) Council 2011-04-07 3 8.7 Approve an amendment to the previously signed contract between The Florida Commission on Community Service and the City of Clearwater regarding the AmeriCorps Clearwater program for the period of January 1, 2011 through December 31, 2011 and authorize the appropriate officials to execute same. (consent) 8.8 Award a contract (Purchase Order) for $194,396.00 to Alan Jay Ford Lincoln Mercury, Inc. of Sebring, FL for one Ford F550 Regular Cab with CUES Sewer Inspection System in 16-foot body, 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) 8.9 Award a contract (Purchase Order) for $159,348.00 to Alan Jay Ford Lincoln Mercury, Inc. of Sebring, FL for one Ford E450 Econoline Cargo Van with CUES Sewer Inspection System in 14-foot body, 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) 8.10 Award a contract (purchase order) for $31,916.00 to Alan Jay Ford Lincoln Mercury, Inc. of Sebring, FL for one Chevrolet Silverado 2500HD Pickup Truck, 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; authorize the appropriate officials to execute same; and authorize a budget increase of lease purchase funding in the amount of $11,916.00 to CIP project 316-96771, Water Pickup Truck. (consent) 8.11 Award a contract (blanket purchase order) to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period May 1, 2011 through May 31, 2012, as provided in the City’s Code of Ordinances, Section 2.564(1)(d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) 8.12 Approve an increase and a one-year extension to existing contract with H and H Liquid Sludge Disposal, Inc. of Branford, Florida, in the amount of $36,967.44 (BPO BR504743) for a new contract total of $2,166,695.05 and authorize the appropriate officials to execute same. (consent) 8.13 Approve an increase and a one-year extension to existing contract with Water Specialists Technologies LLC, of Sanford, FL in the amount of $58,033.96 (BPO Council 2011-04-07 4 BR503870) for a new contract total of $838,543.66 for the purchase of copper precipitant TR-50, and authorize the appropriate officials to execute same. (consent) 8.14 Approve an increase and a one-year extension to an existing three-year contract (BR504735) to Polydyne Inc., of Riceboro, GA, increasing the contract by $232,478.00, for a new total value of $942,347.28 for Polymer and authorize the appropriate officials to execute same. (consent) 8.15 Award a contract to Wharton-Smith, Inc. of Lake Monroe, Florida, to rehabilitate the rapid sand filters at the Marshall Street Water Reclamation Facility (WRF) in the amount of $2,433,819.24, which is the lowest responsible bid received in accordance with plans and specifications; and approve a work order to Engineer of Record, King Engineering Associates, Inc. in the amount of $120,484.00 to provide Construction, Engineering and Inspection (CEI) services for total funding in the amount of $2,554,303.24 and authorize the appropriate officials to execute same. (consent) 8.16 Appoint Councilmember George N. Cretekos as Vice Mayor. (consent) 8.17 Appoint Councilmembers as representatives on regional and miscellaneous boards and recommend Chip Haynes for the MPO Bicycle Advisory Committee and Neil C. McMullen for the MPO Citizens Advisory Committee. (consent) Vice Mayor John Doran moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 9. Other Items on City Manager Reports 9.1 Approve the architectural and engineering design work order to Engineer of Record, HDR Engineering, Inc., in the amount of $714,801.00 for the Fire Station 45 Replacement Project (09-0036-FI; approve a Contract For Purchase of Real Property with Mary H. Rogero, regarding portions of platted Lots 7 and 10, Moase and Harrison Subdivision, for the sum of $140,130 plus estimated transaction expenses not to exceed $2000, and authorize the appropriate officials to execute same, together with all documentation required to effect closing. In consideration of being able to meet departmental requirements and public benefits of either renovating or rebuilding Fire Station 45, staff was directed to Council 2011-04-07 5 consider and present Council with potential alternate sites prior to proceeding with project design. Among seven potential sites considered in November 2010, Council expressed a preference for relocating the station to the northwest corner of Court Street and Madison Avenue if sufficient land could be assembled for the new station. Based on site analysis performed by HDR Engineering, it was determined that upon acquisition of the subject parcels, sufficient land is available to construct a new 3-story 30,000 square foot sustainable facility meeting all departmental and public outreach goals. The purchase price reflects approximately $15 per square foot for what Ms. Rogero contends to be 9,372 sq. ft. of land area, the upper range of value for similar vacant parcels attractive for assembly in the immediate vicinity as determined by appraisal performed by James M. Millspaugh, MAI, on December 14, 2010. Among its provisions, the contract provides the City will purchase the lots as is and close within 30 days following the Effective Date. The Station Replacement will be constructed at the Court/Madison site and include a new category 5, 3-story, 30,000-square foot facility with a similar footprint as the existing fire station. The first floor will include vehicle bays, training and public space; second floor living quarters; and third floor Administration and Fire Prevention office space and conference room. The City's goal is to have the new station achieve a Silver rating through the Leadership in Energy and Environmental Design (LEED) certification. Implementing sustainable mechanical, electrical and plumbing systems increases construction cost by only 3.5 %. The design and permitting phase is anticipated to be completed by April 2012, with the construction phase scheduled for completion by May 2013. The estimated construction cost is $6,807,532, with a total project cost of $8 million, including furnishings, LEED Certification, Commissioning, and A/E fees. The City will be reimbursed for a portion of this cost by Pinellas County since the station will also serve residents in the unincorporated areas of the Clearwater Fire District. The Fire Department shall be responsible for the day-to-day facility operations, and the Building Maintenance Department will be responsible for the facility maintenance. Council 2011-04-07 6 Annual energy operating costs for the station are anticipated to be approximately 25%, or $8,000, less than the current station and Administration Building. The Main Station (fire) project was established and funded with $3 Million in 2006 to begin preparations to replace the downtown station. The current Capital Improvement Program (CIP) plan calls for additional Penny III funds in Fiscal Year 2012 to begin construction of this station. Sufficient budget and funding is available in CIP project 0315-91253 Main Station Replacement to fund a total of $856,931 for the purchase of the property and design of the fire station. In response to a question, Interim Fire Chief Robert Weiss said acquiring the property north of the Rogero lots will provide additional design options. It was suggested that staff meet with the property owner north of the Rogero lots to ensure the individual understands the new fire station site will surround the home. Vice Mayor John Doran moved to approve the architectural and engineering design work order to Engineer of Record, HDR Engineering, Inc., in the amount of $714,801.00 for the Fire Station 45 Replacement Project (09-0036-FI; approve a Contract For Purchase of Real Property with Mary H. Rogero, regarding portions of platted Lots 7 and 10, Moase and Harrison Subdivision, for the sum of $140,130 plus estimated transaction expenses not to exceed $2000, and authorize the appropriate officials to execute same, together with all documentation required to effect closing. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 Veterans Memorial in Coachman Park - Bob Swick Clearwater Veterans Alliance (CVA) President Bob Swick presented Council with annual commemorative coins and reviewed turnout for the 2010 Veterans Day Tribute and efforts being taken to improve event. Mr. Swick said event improvements include a Veterans Memorial Monument in Coachman Park, which will help anchor city efforts to make downtown a destination. CVA representative Steve Fowler provided renderings of proposed memorial for six sculptures representing non-combat veterans. Mr. Swick reviewed plans for fundraising and said all associated costs would be paid for by CVA. Discussion ensued with concerns expressed regarding the organization not meeting fundraising goals and the City be asked to provide remainder of funds. Support was expressed for the conceptual monument design. It was suggested that all fundraising activities be completed prior to moving forward with the project. Council 2011-04-07 7 Councilmember Bill Jonson moved to provide conceptual approval of the Veterans Memorial Monument in Coachman Park and continue discussions to resolve questions. The motion was duly seconded. Staff was directed to develop a Memorandum of Understanding to address city limitations, to be followed by a detailed agreement once the proposal has matured. Upon the vote being taken, the motion carried unanimously. 11. Other Council Action 11.1 CHIP Closure - City Manager Executive Director Ed Brant reviewed current financial status of CHIP and potential impact if closed. The organization needs $150,000 to remain open through October1, 2011. If funding is not received, doors will be closed on July 1, 2011. Potential consequences include: service to an average of 85 individuals per day in the day center would cease; homeless individuals will seek new places for hygienic services offered at CHIP; individuals in the work-based shelter will be homeless if not relocated to another facility; and mental health care and social services would cease. Mr. Brant noted that homeless individuals will wander the streets after the daily closing of St. Vincent De Paul’s soup kitchen, which closes at 11:00 a.m. daily. Clearwater Police Chief Tony Holloway expressed concerns with potential safety problems if the facility were to be vacant. Chief Holloway identified the value of the CHIP identification card; officers are able to confiscate an individual’s CHIP card if they are misbehaving. Without the card, a person cannot have access to the CHIP facilities. In response to questions, Chief Holloway said CHIP’s Executive Board must include fundraising initiatives in order to obtain the funding needed to be sustainable. Mr. Brant said $246,538 is needed annually to run the day center. Director of Pinellas County Homeless Coalition Sarah Snyder said the consequences of closing CHIP will be visible, as the individuals will remain where they are comfortable and where feedings are offered more than once. The day center aspect is what provides the most help, providing daily support encourages people to help themselves. Ms. Snyder said the ideal location for a day center is in a downtown. Two individuals opposed closing CHIP and expressed concerns with day services. One individual opposed funding CHIP. Council 2011-04-07 8 Councilmember Paul Gibson moved to discontinue funding. The motion was duly seconded and carried unanimously. The Council recessed from 8:12 p.m. to 8:17 p.m. 11.2 NAACP Martin Luther King, Jr. Community Center (MLK) Request Discussion ensued regarding city plans to relocate programming to the North Greenwood Library and Recreation Center. It was stated that fiscal constraints do not allow the City to renew the lease and undertake the needed repairs at the MLK Center. In response to a question, Assistant City Manager Jill Silverboard said cost to repair the roof and purchase an air conditioning unit is approximately $200,000.00. Support was expressed for the NAACP to pursue discussions with the Pinellas County School Board regarding leasing the MLK Center. Vice Mayor John Doran moved to deny the NAACP request. The motion was duly seconded and carried unanimously. 11.3 Business Task Force, Members Councilmember Cretekos Councilmember George N. Cretekos said the Paul Engelhardt was appointed to the Business Task Force but nomination was meant for his brother, Steve Engelhardt. Councilmember George N. Cretekos moved to rescind the appointment of Paul Engelhardt and to appoint Steve Engelhardt to the Business Task Force. The motion was duly seconded and carried unanimously. 11.4 Business Task Force Mission - Mayor Hibbard Discussion ensued regarding establishing mission for the Business Task Force. There was consensus that members would develop the mission statement and provide Council with recommendations for business improvements. One individual spoke in support. 11.5 SB 1570 Tallahassee Legislation relating to Billboard View Zones - Councilmember Jonson Council 2011-04-07 9 Councilmember Jonson reviewed recent changes to billboard view zones in Senate Bill 1570. On March 3, 2011, the bill appeared before the Transportation Committee as a two-page document making minor technical changes. Two weeks later, the same bill came through as a 12-page strike all amendment, which changed the nature of the view zone. He provided pictures depicting billboard view zones that did not adhere to current law. 12. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 13. Adjourn The meeting was adjourned at 8:35 p.m. Attest TCity Clerk dd =- 01 Mayor City of Clearwater Council 2011-04-07 10