01/31/2011
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
January 31, 2011
Present: 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.
Vice Mayor John Doran called the meeting to order at 9:06 a.m. at City Hall.
1. Fire Department
1.1 Re-appoint Robert Going to a two-year term ending December 31, 2012 as a
Trustee of the Clearwater Firefighters Supplemental Trust Fund in accordance
with Sec. 175.061 of the Florida State Statutes. (consent)
The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies
obtained by the State of Florida from insurance companies doing business within
the community. These monies are required to be administered by a Board of
Trustees whose composition must consist of two legal residents of the City
appointed by the City Council; two City firefighters elected by the firefighters; and
a fifth member chosen by a majority of the other four members and submitted to
the City Council for appointment. The Board of Trustees is solely responsible for
administration of the trust fund.
Mr. Going has indicated his willingness to serve a two-year term. The firefighters
elected Robert Going to be appointed as one of the two firefighter elected
member seats in accordance with Sec. 175.061 of the Florida State Statutes.
It is recommended that the City Council affirm Robert Going as a trustee to the
seat for the period of January 1, 2011 through December 31, 2012.
1.2 Re-appoint David Hogan as the fifth Trustee to a two-year term ending December
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31, 2012 on the Clearwater Firefighters Supplemental Trust Fund in accordance
with Sec. 175.061 of the Florida State Statutes. (consent)
The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies
obtained by the State of Florida from insurance companies doing business within
the community. These monies are required to be administered by a Board of
Trustees whose composition must consist of two legal residents of the City
appointed by the City Council; two City firefighters elected by the firefighters; and
a fifth member chosen by a majority of the other four members and submitted to
the City Council for appointment. The Board of Trustees is solely responsible for
administration of the trust fund. Mr. Hogan has indicated his willingness to serve
another two-year term. The other four members of the Board of Trustees selected
David Hogan to be appointed as the fifth member in accordance with Sec.
175.061 of the Florida State Statutes. It is recommended that the City Council, as
a ministerial duty, affirm David Hogan as a trustee to the seat for the period of
January 1, 2011 through December 31, 2012.
2. Parks and Recreation
2.1 Approve the extension of a Partnership and Operational Support Agreement
between the City of Clearwater and City Players, Inc., to provide for an annual
summer musical production at Ruth Eckerd Hall from May 4, 2011 to May 3, 2014
and authorize the appropriate officials to execute same. (consent)
On April 1, 2006, the City Council approved a five-year agreement with City
Players to provide musicals at Ruth Eckerd Hall. The extension of this agreement
will allow for a continued partnership between the City of Clearwater and City
Players, Inc. in which City Players will produce an annual family-oriented summer
community theatre musical production at Ruth Eckerd Hall. This agreement
provides for a three-year extension of the current contractual terms and does not
require any financial commitment on the part of the City. It also provides for three
additional three-year extensions if mutually agreed to between the parties. The
Cultural Affairs Division will be responsible for administering this agreement and
will be the point of contact between the City Players and Ruth Eckerd Hall.
Staff was directed to confirm with City Players, Inc. and Ruth Eckerd Hall if the
agreement may be amended to include the Capitol Theater.
3. Solid Waste/General Support Services
3.1 Award a contract (Purchase Order) for $202,469.00 to Southern Sewer
Equipment Sales of Ft. Pierce, FL for one International 4300 M7 Chassis with
Tymco Model 500X Street Sweeper, in accordance with Sec. 2.564(1)(d), Code of
Ordinances - Other governmental bid; authorize lease purchase under the City’s
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Master Lease Purchase Agreement and authorize the appropriate officials to
execute same. (consent)
The Street Sweeper will be purchased through the Florida Sheriff’s Association
and Florida Association of Counties Contract 10-18-0907, Specification 81 for
Regenerative Air Street Sweepers and the quote dated January 14, 2011.
This truck will replace the G2714, 2003 International with Tymco 600 Sweeper, in
the Public Services fleet and was included in the Garage CIP 10/11 Replacement
Fund. Current Mileage is 61,372. This truck operates at very low speed each day
and has a second engine for the sweeper unit that runs at high RPMs all day.
The auxiliary engine hours are 4,842.
3.2 Award Bid 01-11 (Clearwater City Hall Elevator Modernization) to Delaware
Elevator of Florida, Inc. of Orlando, FL in the amount of $148,678.00 for the
modernization of both traction passenger elevators located at City Hall and
authorize the appropriate officials to execute same. (consent)
The two elevators located at City Hall are original. Numerous repairs have been
made and some updates were completed on the elevators. In order to extend the
life of these elevators, some major changes as well as upgrades are necessary.
The bid outlined the equipment that needs replacement. The city received nine
bids for this project. The lowest bidder ($119,000.00) did not meet the
specifications pertaining to years in business and no similar equipment
replacements. The next lowest bidder ($119,500.00) included several options in
order to meet the specifications, which caused their total amount to rise to
$174,500.00. The third lowest bidder is the selected contractor.
The Contractor will work on one elevator until complete and will make sure that
one elevator is operational at all times during the modernization. The contractor
will keep the noise to a minimum to prevent any disruptions to the normal
activities conducted at City Hall. Upon completion of this project, both elevators
will meet all current governing rules, codes and requirements.
In response to a question, Solid Waste/General Services Assistant Director Rick
Carnley said the Honeywell performance contract did not include the elevators at City
Hall. Life span for the new elevators is approximately thirty years.
4. Public Utilities
4.1 Approve a contract with HDR Engineering, Inc, an Engineer of Record, in the
amount of $202,842 to perform an efficiency review of the Public Utilities
Department, funding to be provided out of Water and Sewer Fund unappropriated
retained earnings, and authorize the appropriate officials to execute the same.
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(consent)
Fiscal conditions have led the City of Clearwater to consider efficiency reviews to
re-examine spending and operations. The reviews are intended to help the City of
Clearwater determine priority customer service areas and ways to improve
efficiency and reduce costs.
Purpose and Scope of Public Utilities Efficiency Review Challenges facing public
utilities are many, including more stringent regulatory and operating environments,
the need for new water supplies, higher costs, increased responsibility for the
environment, aging infrastructure, and a changing workforce. These challenges
have led the City of Clearwater to undertake a management and efficiency review
of the Public Utilities (PU) Department to reexamine spending, operations, and
organizational structure. In completing a management and efficiency review, the
City of Clearwater has two primary goals: (1) lowering spending and saving
money in the short term, and (2) improving performance and yielding additional
savings in the long term.
Managing a public utility organization is complex. How the organization is
designed and its approach to providing services can be significantly impacted by
how it is structured and how it addresses the challenges before it. The delivery of
public utility services is impacted by many factors including management structure
and responsibilities, employee skills, community and agency culture, politics,
economics, social needs, climate, natural resources, demographics, and
technology. When reviewing the Clearwater PU Department, the key focus shall
be to determine and review core services, what functions need to be performed,
are they being performed department-wide as efficiently as possible, and then
identify budget limits and performance targets for each core service. This short-
term review can clarify greater changes that can be made within the department
or one of its processes to improve efficiency in the long-term. Options include
maintaining a program, restructuring or cutting back a program, outsourcing a
program, or eliminating the program altogether. When focusing on ways to
improve departmental efficiency, the key focus should first be to determine the
most effective organizational structure to deliver core services and then secondly,
to develop effective performance measures. The City believes it is necessary to
conduct a comprehensive examination of Public Utilities, from a governance,
management, and operational perspective in order to chart a course for its future.
Scope of Work:
A. Evaluate Existing Conditions 1 - Identify and evaluate existing operations
across the 4 (four) main programs: water (production and distribution), wastewater
collections, reclaimed water, and water pollution control. 2- Conduct pertinent
interviews/surveys, i.e., City Council, City Manager, Public Utilities Department
Management, applicable PU employee representatives. 3 - Evaluate existing
regulatory (Federal, State, County, Special District, City) requirements and
compliance levels.
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B. Evaluate/Review Management/Administration Staffing Levels 1 - Review
organizational chart and appraise responsibilities assigned within each division. 2
- Assess management’s problem identification, long-term planning, and
organizational development strategies. 3 - Provide observations and
recommendations regarding organizational structure. 4 - Review of succession
planning to senior management positions and over-all staffing levels. 5 - Evaluate
communication and interaction with employees and management staff within and
across divisions.
C. Division Level (water, wastewater collections, reclaimed, water pollution
control) Review 1 - Appraise adequacy of staffing and workload of each
function/unit. 2 - Assess technology systems, equipment, and staff use/capability.
3 - Evaluate current workload and asset management system including records
creation, retention, and storage. 4 - Identify opportunities and recommendations
for any internal consolidation of functions and services that can result in
efficiencies. 5 - Identify opportunities and recommendations for outsourcing
functions and services.
D. Benchmarking Data Analysis Obtain and analyze comparable benchmarking
data for like-sized public utilities systems and best management practices (can be
individual for each of the 4 divisions).
E. Review of other areas/issues deemed necessary by the consultant to meet the
goals of this study.
In response to questions, City Auditor Robin Gomez estimated over 1200 hours was
needed to perform the review. Benchmarking data will also include best operational
practices.
5. Engineering
5.1 Award a contract to TLC Diversified of Palmetto, FL, for the East Plant Anoxic
Tank Rehabilitation Project (09-0007-UT) in the amount of $1,210,727.10 for the
base bid and bid alternate of $50,820.00 for a total contract value in the amount of
$1,261,547.10, which is the lowest responsive bid received in accordance with
plans and specifications; approve an Owner Direct Purchase (ODP) from
Philadelphia Mixing Solutions, Ltd. in the amount of $331,000.00; approve
Engineer of Record (EOR) work order to Jones Edmunds and Associates, Inc. in
the amount of $154,300.00 for CEI, and authorize the appropriate officials to
execute same. (consent)
The City of Clearwater has identified rehabilitation requirements and the design of
structural and mechanical improvements have been designed by Jones Edmunds
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for fermentation, first anoxic and second anoxic tanks at the East Advanced
Pollution Control Facility.
The work consists of restoring the structural integrity of the tanks (including
walkways, stairs, channels and walls) providing temporary flow diversion,
providing temporary chemical feed system, removing the vortex baffle structures
within each tank, coating the tank walls for corrosion protection, removing the
deteriorated mixers in each tank, installing new mixers, removing the settled grit
and rags in each tank, removing submersible aerators from the reaeration tank,
installing new reaeration positive displacement blowers and removable medium
bubble diffusers and all related works.
This work is necessary to maintain the structural and mechanical integrity of the
East Advanced Pollution Control Facility per permit requirements.
Philadelphia Mixing Solutions, Ltd. is the manufacturer and sole source provider
of non-ragging mixer which has successfully been pilot tested at the East APCF.
In addition, the City of Clearwater will experience sales tax savings in the amount
of $19,910 purchasing the equipment directly.
Jones Edmunds and Associates, Inc. is a City of Clearwater EOR (engineer of
record) and will provide CEI (construction engineering inspection) services to
include conducting a pre-construction meeting with the contractor, conduct a site
visit with the contractor prior to mobilization, review and approve shop drawings
and submittals, respond to RFI’s, provide personal to observe construction
activities during construction, conduct monthly progress meetings and prepare
final Record Drawings.
Work will commence upon award and execution of the contract and will be
completed within 270 days. Construction is expected to have a start date in
February 2011 and be complete by November 2011.
The Public Utilities Department is the owner and operator of the East Water
Reclamation Facility and will be responsible for current and future maintenance of
all improvements associated with this project.
First quarter amendments will transfer 2009 Water and Sewer Bond Proceeds in
the amounts of $154,300.00 from 0376-96622, WWTP Aeration Improvements to
0376-96666, WWTP East Bypass and NE Pump to fund the CEI services and
$1,261,547.10 from 0376-96619, WWTP Generator Replacements to 0376-
96666, WWTP East Bypass and NE Pump and $1,261,547.10 from 0315-96666,
WWTP East Bypass and NE Pump to 0315-96619, WWTP Generator
Replacements to fund the construction contract.
Sufficient 2009 Water and Sewer Bond Proceeds are available in 0376-96666,
WWTP East to fund the ODP.
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5.2 Ratify and confirm Change Order 4 to APAC, Southeast, Inc. of Lutz, Florida for
the East Avenue Trail Connector Turner Street to Drew Street Project (09-0023-
EN) in the amount of $361,672.77 to restore the East Avenue corridor due to CSX
rail and tie replacement work; replace handicap curb ramps on East Avenue to
meet current ADA standards; remove the southbound turn on Cleveland
Street/East Avenue, due to converting southbound East Avenue to a bicycle trail;
modify signage and add 342 calendar days to contract due to delays caused by
the CSX Rail and Tie Replacement project. (consent)
Council awarded a construction contract on September 3, 2009 in the amount of
$289,029.25 to APAC, Southeast, Inc. for the East Avenue Trail Connector -
Turner Street to Drew Street (09-0023-EN).
Through the course of this project, three previous change orders added
$124,364.74 to the contract for additional curbing, debris removal and street
restoration resulting from CSX Railroad rail and tie replacement. Change Order 4,
in the amount of $361,672.77, is for the final restoration of the East Avenue
corridor. The revised contract amount is $775,066.76.
The City will receive reimbursement from ARRA funds through the Florida
Department of Transportation for $289,029.25, the original East Avenue Trail
construction contract.
The Public Services Department will continue to maintain the roadway
improvements.
A first quarter amendment will transfer $361,672.77 Road Millage from Capital
Improvement Program (CIP) project 0315-92273, Streets and Sidewalks to CIP
0315-92343, East Ave Trail to fund the Change Order.
5.3 Ratify and confirm Change Order 5 and Final to Misener Marine Construction, Inc.
of Tampa, Florida for the Downtown Boatslips Project (06-0033-MA) decreasing
the contract amount by $18,681.40 for a new contract total of $11,130,330.76 and
approve a time extension of 113 days for a new contract completion date of
August 18, 2010.
April 17, 2008 City Council approved a contract to Misener Marine to build the
Downtown Boatslips in the amount of $10,522,765.05.
Subsequent, change orders have been approved with total increases to the
contract amount by $626,247.11 for a new contract value of $11,149,012.16 for
the addition of seawall repairs, a new seawall cap along the entire downtown
waterfront, along with repairs to the reclaimed water line damaged during pile
driving and added 39 days to the contract.
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Final Change Order 5 requires Council approval due to a time extension (113
days) exceeding 60 days and includes an $18,681.40 credit provided to the City
by Misener Marine Construction for the Brighthouse cable installation, which was
ultimately performed by Brighthouse, for a new contract value of $11,130,330.76.
The 113 calendar days to be added to the contract are for inclement weather,
utility locates, survey work, and time for city reviews and approvals.
Staff was directed to amend the agenda title to include the Clearwater Harbor Marina.
6. Planning
6.1 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1809 and 1836 Diane Drive; 2762, 2763, 2766, 2767, 2770,
2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790 and 2791 Diane
Terrace; 1724, 1765 and 1772 El Trinidad Drive East; 1704, 1721, 1724, 1725,
1728, 1733 and 1737 Evans Drive; 1721, 1724, 1747 and 1750 Grove Drive;
1717, 1740 and 1747 Lucas Drive; 1817 and 1831 Marilyn Drive; 1813, 1819,
1824, and 1831 Skyland Drive; 2740, 2751, 2759 and 2770 Terrace Drive; and
1704, 1721, 1729, 1737 and 1755 Thomas Drive (all parcels are located in
Section 05, Township 29 South, Range 16 East) and pass Ordinances 8234-11,
8235-11 and 8236-11 on first reading. (ATA2010-09003)
The City of Clearwater Planning and Development Department has identified an
area within the Clearwater Planning Area with a large concentration of properties
with Agreements to Annex (ATAs) that are eligible for annexation. These
properties are located east of U.S. Highway 19, north of S.R. 590 and south of
South Drive. Subdivisions in this area include Virginia Grove Terrace, Diane
Heights and Carlton Terrace. The Department has identified 189 properties in this
area that could be annexed through a phased approach over the next several
years. This application, which has been identified as Phase B of the overall
annexation project, includes 50 of the 189 properties. Current or previous owners
of these properties entered into ATAs between 1983 and 2005 to obtain sanitary
sewer service. The Planning and Development Department is initiating this project
to bring the properties into the City’s jurisdiction in compliance with the terms and
conditions set forth in the agreements.
The Phase B properties are occupied by 49 detached dwellings on 10.37 acres of
land. It is proposed that the abutting Diane Terrace right-of-way not currently
within the city limits also be annexed. It is proposed that the 50 properties be
assigned a future land use map designation of Residential Low (RL). A major
drainage ditch traverses five of these properties (2740 and 2770 Terrace Drive
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and 1704, 1724 and 1728 Evans Drive) for which the Drainage Feature Overlay
designation is proposed consistent with the ditch boundaries. It is proposed that
all parcels be assigned the zoning designation of Low Medium Density Residential
(LMDR) District.
The Planning and Development Department has determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows: The properties currently receive sanitary sewer
service from the City and water service from Pinellas County. Collection of solid
waste will be provided by the City. The properties are located within Police District
III and service will be administered through the district headquarters located at
2851 N. McMullen Booth Road. Fire and emergency medical services will be
provided to these properties by Station 48 located at 1700 Belcher Road. The City
has adequate capacity to serve the properties with solid waste, police, fire and
EMS service. Water service will continue to be provided by Pinellas County.
The proposed annexations will not have an adverse effect on public facility levels
of service; and
The proposed annexation is consistent with and promotes the following objectives
and policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within
enclaves meet the contiguity requirements of Florida Statutes Chapter 171.
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. The
proposed Residential Low (RL) and Drainage Feature Overlay Future Land Use
Map categories are consistent with the current Countywide Plan designation of
the properties. The Residential Low (RL) designation primarily permits residential
uses at a density of 5.0 units per acre. The Drainage Feature Overlay category
proposed to be applied to five properties (2740 and 2770 Terrace Drive and 1704,
1724 and 1728 Evans Drive) recognizes the drainage feature on the property but
does not impact development potential.
The proposed zoning district to be assigned to the properties is the Low Medium
Density Residential (LMDR) District. The uses of the subject properties are
consistent with the uses allowed in the Low Medium Density Residential (LMDR)
District. All of the properties meet the minimum dimensional requirements of the
Low Medium Density Residential (LMDR) District; therefore, the proposed
annexation is consistent with the Countywide Plan, Clearwater Comprehensive
Plan, and Clearwater Community Development Code; and
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The properties proposed for annexation are contiguous to existing City boundaries
along at least one property boundary; therefore, the annexations are consistent
with Florida Statutes Chapter 171.044.
7. Official Records and Legislative Services
7.1 Appoint two members to the Community Development Board with the term to
expire February 28, 2015.
Consensus was to reappoint Frank Dame and Doreen DiPolito.
8. Legal
8.1 Adopt Ordinance 8225-10 on second reading, vacating the entire alley lying within
Block 1 of E.P. Merit’s Addition.
In response to questions, the City Attorney said the alleyway does not go anywhere and
does not serve a public purpose. Police, Fire or Solid Waste cannot use the alleyway.
The alleyway is 10 feet wide and unpaved. Engineering Assistant Director Scott Rice
said the property owner opposing the vacation wishes to build a carport and have
access via the right-of-way but the applicants are not willing to provide the easement.
Planning and Development Director Michael Delk said that no additional units are
permitted on the property and the city does not allow new construction on a roadway
less than 12 feet.
9. City Manager Verbal Reports
9.1 Clearwater Country Club Memberships / RFP
Parks and Recreation Director Kevin Dunbar reviewed performance of the current
operator, efforts made to stabilize the operation of the golf course and interest from
various golf course management companies to run the facilities. Under the current
agreement, Greg McClimans is not allowed to extend memberships beyond the end of
April. In order for the facility to be sustainable, club membership must increase to 300
members. There are currently 150 members. Staff is requesting that Council allow Mr.
McClimans to sell memberships on a monthly basis and allow staff to negotiate a
contract with Mr. McClimans.
10. Council Discussion Items
10.1 One Bay Resolution
The Tampa Bay Regional Planning Council is requesting support for the One Bay
Regional Vision, a shared regional vision for Tampa Bay. The One Bay Vision
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recommendations include supporting environmentally sustainable growth,
protection of water resources, and energy conservation; creating jobs through
sustainable economic development practices and fostering quality communities;
supporting increased diversity in housing options for families and individuals;
encouraging compact and mixed-use development; promoting transit and transit-
oriented development; and encouraging preservation of open space and
agricultural land.
Concerns were expressed regarding the costs associated with integrating concepts of
the One Bay Vision in the local comprehensive plan.
Staff was directed to invite a representative of the Tampa Bay Regional Planning
Council to the council meeting on Thursday and confirm if the City may amend the
resolution.
10.2 Environmental Advisory Board Recommendation Concerning Dune Protection and
Enforcement on Clearwater Beach.
Environmental Manager Ed Chesney said the Environmental Advisory Board has
expressed concerns regarding the State’s lack of dune protection enforcement and
suggested the city adopt a citywide ordinance to protect dunes. Mr. Chesney said
Sarasota County is the only government body in Florida that has enacted a similar
ordinance. Currently, the State has only one code enforcement officer for the entire
state.
In response to questions, Mr. Chesney said the dunes located on private property are
the ones being disturbed. The City provides the State with information documenting
dune destruction. The City receives a copy of any State correspondence regarding the
dune destruction issued to the property owner. The City Manager said any enforcement
by city staff would be on a complaint basis.
Staff was directed to contact the Florida Department of Environmental Protection
regarding the lack of enforcement and provide information on the number of properties
impacted by dunes.
11. Closing Comments by Mayor - None.
12. Adjourn
The meeting was adjourned at 10:49 a.m.
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