Loading...
09/14/2011 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 14, 2011 Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - 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 — Father Ron Kowalski from Good Samaritan Episcopal Church 3. Pledge of Allegiance — Mayor Frank Hibbard 4. Presentations 4.1 Hispanic Heritage Month Proclamation , September 15 — October 15, 2011 — Sandra Lythe, Executive Director of InterCultural Advocacy Institute 4.2 Library Card Sign-up Month Proclamation, September 2011 — Barbara Pickell, Library Director 4.3 Public Natural Gas Week Proclamation, October 2-9, 2011 — Chuck Warrington, Clearwater Gas System Managing Director 5. Approval of Minutes 5.1 Approve the minutes of the September 1, 2011 City Council Meeting as submitted in written summation by the City Clerk. Council 2011-09-14 1 Councilmember Paul Gibson requested that page 11, Item 9.2, be amended to reflect he voted in opposition. Councilmember Bill Jonson moved to approve the minutes of the September 1, 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 Nancy Collinsworth expressed concern with the removal of playground equipment at Plaza Park. Parks and Recreation Director Kevin Dunbar said the city implemented a policy in 2005 to have a neighborhood park within a 1-mile radius of each home. Due to budget constraints, the policy also identified locations where playground equipment would not be replaced once it met its useful/safety life. Mr. Dunbar said Park Plaza is still open; only the playground equipment was removed. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Set a final millage rate of 5.1550 mills for fiscal year 2011/12 against non-exempt real and personal property with the City of Clearwater and pass Ordinance 8284- 11 on first reading. In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance is to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.1550 mills on July 21, 20117 which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 4.31% decrease from the rolled back rate of 5.3874 mills. Ordinance 8284-11 is presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvements budgets for the 2011/12 fiscal year. Council 2011-09-14 2 Budget Director Tina Wilson provided a PowerPoint presentation. One individual supported increasing the millage rate to maintain levels of service. Councilmember John Doran moved to set a final millage rate of 5.1550 mills for fiscal year 2011/12 against non-exempt real and personal property with the City of Clearwater. The motion was duly seconded and carried unanimously. Ordinance 8284-11 was presented and read in full. Vice Mayor George N. Cretekos moved to pass Ordinance 8284-11 on first reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.2 Approve the City of Clearwater Annual Operating Budget for the 2011/12 fiscal year and pass Ordinance 8285-11 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the final budget. The adoption of the ordinance and the related ordinances adopting the 2011/12 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2011, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement Budget that outlined proposed estimates of revenues and expenditures for the 2011/12 fiscal year. On July 18, 2011, the City Manager presented the preliminary budget at work session for Council discussion. The preliminary budget was also presented at the July 21, 2011 council meeting for citizen input. After the Preliminary budget was released, upon Council action approving the Police Vehicle agenda item at the August 4, 2011 meeting, Special Development Fund expenditures were reduced by $230,750 representing a reduction in the allocation of Penny for Pinellas Funds to the Police Vehicle project. A worksheet regarding the changes made to date on the final budget for fiscal year 2011/12 is available. Council 2011-09-14 3 Five individuals supported a millage rate increase and expressed concerns regarding lack of employee salary increases. One individual opposed increasing the millage rate. Councilmember Paul Gibson moved to approve the City of Clearwater Annual Operating Budget for the 2011/12 fiscal year. The motion was duly seconded and carried unanimously. Ordinance 8285-11 was presented and ready by title only. Councilmember Bill Jonson moved to pass Ordinance 8285-11 on first reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.3 Adopt the Fiscal Year 2011/12 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8286-11 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2011/12 millage rate and Operating budget are an integral part of fulfilling these requirements. On June 30, 2011, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement Budget that outlined proposed estimates of revenues and expenditures for the 2011/12 fiscal year. On July 18, 2011, the City Manager presented the preliminary budget at work session for Council discussion. The preliminary budget was also presented at the July 21, 2011 council meeting for citizen input. After the Preliminary budget was released, upon Council action approving the Police Vehicle agenda item at the August 4, 2011 meeting, Special Development Fund expenditures were reduced by $230,750 representing a reduction in the allocation of Penny for Pinellas Funds to the Police Vehicle project. A summary of the City Council changes made to date on the final budget for the fiscal year 2011/12 is available. Council 2011-09-14 4 One individual spoke in opposition. Councilmember John Doran moved to adopt the Fiscal Year 2011/12 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP). The motion was duly seconded and carried unanimously. Ordinance 8286-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to pass Ordinance 8286-11 on first reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2011/12 through 2019/20. On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to Penny for Pinellas project funding of$500,000 or more. The changes that meet these criteria in the proposed capital improvement budget include- 1) The Main Station Fire Station Replacement project has been increased by $1.0 million, from $4,057,520 to $5,057,520 in order to allow for additional funding necessary for the property purchase and construction of the station at the new Court Street location. 2) The planned timing for the design and construction of three other fire stations has changed as follows: The Countryside Fire Station will now be designed and constructed in fiscal years 2014 and 2015. The project budget has been reduced by $500,550, from $4,198,460 to $3,697,910. The Lakeview Fire Station will now be designed and constructed in fiscal years 2016 and 2017. The project budget has been reduced $107,100, from $4,305,560 to $4,198,460. The Clearwater Beach Fire Station will Council 2011-09-14 5 now be designed and constructed in fiscal years 2018 and 2019. The project budget has been increased by $607,650, from $3,697,910 to $4,305,560. 3) The budget for the Youth Sports Fields Renovation project has been decreased by $1,499,500, from $6,350,000 to $4,850,500 to allow funding of the following specific projects within the scope of this general project: The Joe DiMaggio Press Box and Storage Building project has been established in the amount of$180,000 for the construction of a new press box and storage building at the Joe DiMaggio Sports Complex. The EC Moore 8 and 9 Renovations/Press Box project has been established in the amount of$175,000 for the renovation of the restroom concession building at EC Moore and the addition of a second story to the building for a press box and meeting room space. The Frank Tack Parking Lot project has been established in the amount of $488,000 for the renovation of the existing restroom facility and improvement to the parking lot at Frank Tack fields. The Countryside Plex Restroom/Concession Storage project has been established in the amount of$656,500 for the construction of a new restroom/storage/concession building at the Countryside Sports Complex. In response to questions, Fire Chief Robert Weiss said the new Main Fire Station Replacement Project has been designed to meet hurricane category 5 guidelines. The replacement projects for the Countryside, Lakeview and Clearwater Beach fire stations have not been designed yet; it has not been determined if the stations are eligible for renovation. One individual spoke in opposition. Councilmember Bill Jonson moved to approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2011/12 through 2019/20. The motion was duly seconded and carried unanimously. 7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 3054 Leanne Court (consisting of a portion of the East 460 feet of the Northwest of the Southwest of Section 33, Township 28 South, Range 16 East, lying North of those lands platted as the Crest, as recorded in Plat Book 95, pages 72 and 73, lying East of those lands platted as Renaissance Oaks, as recorded in Plat Book 133, pages 3 through 7, and less and except those lands Council 2011-09-14 6 conveyed to Pinellas County in order of taking recorded in O.R. Book 7917, page 1801); and pass Ordinances 8276-11, 8277-11 and 8278-11 on first reading. (ANX2011-07003) This voluntary annexation petition involves a 2.001-acre property consisting of one parcel of vacant land. It is located on the west side of McMullen Booth Road approximately 1,615 feet north of Union Street. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the south and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category of Low Density Residential (LDR). The applicant intends to subdivide and plat the vacant land into single- family lots in the near future. While applications for Preliminary Plat and Flexible Standard Development have been filed, they have not been approved. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The vacant property has access to water service from the City. The closest sanitary sewer line is located in the adjacent Leanne Court right-of-way. The applicant is aware of the City's sewer impact and assessment fees and the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is 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 this property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Objective A.7.2.3: Continue to process voluntary annexations for single-family residential properties upon request. Council 2011-09-14 7 The proposed RS Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 2.5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The proposed use of the subject property is consistent with the uses allowed in the District and the property currently exceeds the District's minimum dimensional requirements. Any subdivision, or platting, of the land will be subject to the Community Development Code. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Northside Engineering representative Renee Ruggiero said the proposed area will be an extension to the existing Renaissance Oaks subdivision. Councilmember John Doran moved to approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 3054 Leanne Court (consisting of a portion of the East 460 feet of the Northwest of the Southwest of Section 33, Township 28 South, Range 16 East, lying North of those lands platted as the Crest, as recorded in Plat Book 95, pages 72 and 73, lying East of those lands platted as Renaissance Oaks, as recorded in Plat Book 133, pages 3 through 7, and less and except those lands conveyed to Pinellas County in order of taking recorded in O.R. Book 7917, page 1801). The motion was duly seconded and carried unanimously. Ordinance 8276-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to pass Ordinance 8276-11 on first reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8277-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8277-11 on first reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Council 2011-09-14 8 Jonson. "Nays": None. Ordinance 8278-11 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8278-11 on first reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.6 Approve a Future Land Use Map Amendment from the Residential Medium (RM) and Residential/Office/Retail (R/O/R) classifications to the Residential/Office Limited (R/OL) Classification and a Zoning Atlas Amendment from the Medium Density Residential (MDR) and Commercial (C) Districts to the Office (0) District; approve a Development Agreement between BayCare Health System, Inc. (the developer) and the City of Clearwater for property located at 2985 and 2995 Drew Street (consisting of Northeast of Northeast of Section 17, Township 29 South, Range 16 East; less and except the North 50 feet thereof for right-of way for Drew Street; also less and except the East 33 feet thereof for right-of-way for Bavview Avenue), authorize the appropriate officials to execute same; pass Ordinances 8268-11 and 8269-11 on first reading and adopt Resolution 11-18. (LUP2011-01002, REZ2011-01002 and DVA2011-06001) This future land use map amendment, rezoning application and development agreement involves a 39.79-acre parcel, located on the southwest corner of Drew Street and Bayview Avenue. This property has Future Land Use Map classifications of Residential Medium (RM) and Residential/Office/Retail (R/O/R) and zoning designations of Medium Density Residential (MDR) and Commercial (C). The applicant is requesting to amend the future land use classification to the Residential/Office Limited (R/OL) classification and the zoning district to the Office (0) District. From the 1970s to 2004, the subject property contained a public housing project, Jasmine Courts. The one parcel property is currently vacant, with internal roads remaining from the previous use as multi-family housing. Corporate offices are the proposed use (BayCare Health System, Inc.). Council 2011-09-14 9 The Planning and Development Department has determined that the proposed future land use map amendment and zoning atlas amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code • The proposed amendment is compatible with the surrounding property and character of the neighborhood • The available uses in the Office (0) District are compatible with the surrounding area 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 Economic Opportunity (Division of Community Planning) is required. The applicant is requesting approval of a Development Agreement in conjunction with the proposed future land use plan amendment and zoning atlas amendment. Office use of up to 300,000 square feet of non-residential floor area (0.20 Floor Area Ratio) at a maximum height of 50 feet is proposed. The proposed Development Agreement will be in effect for a period not to exceed twenty (20) years and requires the Developer to meet the following transportation improvements: • Construction of main access to Drew Street (Drive A) on the Property to contain two exiting lanes to separate left and right turning vehicles; • Construction of an eastbound right turn lane on Drew Street at Drive A; • Lengthening of the existing westbound left turn lane on Drew Street at Drive A to include 100 feet of full width storage plus deceleration distance; • Construction of secondary access to Bayview Avenue (Drive B) to the Property with the driveway to include two exiting lanes to separate left and right turning vehicles; • Construction of a northbound left turn lane on Bayview Avenue at Drive B to include 175 feet of full width storage plus deceleration distance; • Construction of northbound left turn lanes at the intersection of Drew Street and Bayview Avenue; • Installation of concrete bus pads and bus shelters along Drew Street and Bayview Avenue to accommodate PSTA routes and provide pedestrian access; and • Construction of a pedestrian crosswalk across Drew Street to connect to the E.C. Moore Complex and a recreational trail to facilitate pedestrian access. Council 2011-09-14 10 The Planning and Development Department has determined that the proposed Development Agreement is consistent with the City's Comprehensive Plan. Please refer to the attached staff report for DVA2011-06001 for the complete analysis. The Community Development Board reviewed these applications at its public hearing on August 16, 2011 and unanimously recommended approval of the Future Land Use Plan amendment, Zoning Atlas amendment and Development Agreement. Applicant representative Ed Armstrong presented two letters of support. Councilmember John Doran moved to approve a Future Land Use Map Amendment from the Residential Medium (RM) and Residential/Office/Retail (R/O/R) classifications to the Residential/Office Limited (R/OL) Classification and a Zoning Atlas Amendment from the Medium Density Residential (MDR) and Commercial (C) Districts to the Office (0) District; approve a Development Agreement between BayCare Health System, Inc. (the developer) and the City of Clearwater for property located at 2985 and 2995 Drew Street (consisting of Northeast of Northeast of Section 17, Township 29 South, Range 16 East; less and except the North 50 feet thereof for right-of way for Drew Street; also less and except the East 33 feet thereof for right-of-way for Bayview Avenue), authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Ordinance 8268-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to pass Ordinance 8268-11 on first reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8269-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8269-11 on first reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. Council 2011-09-14 11 "Nays": None. Resolution 11-18 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 11-18. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. The Council recessed from 8:01 p.m. to 8:07 p.m. City Manager Reports 8. Other Items on City Manager Reports 8.1 Amend the City's fiscal year 2010/11 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 8287-11 and 8288-11 on first reading. The fiscal year 2010/11 Operating and Capital Improvement Budgets were adopted in September 2010 by Ordinances 8216-10 and 8217-10. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and report provide this information and outline the issues at third quarter that require amendment. Budget Director Tina Wilson reviewed the third quarter budget amendments. General Fund revenues and expenditure amendments reflect a net increase of$2,939,464. The major reason for the overall General Fund expenditure increase includes a budget increase of$1,974,000 in Police and Fire for the supplemental pension plans which is offset by plan revenue. Estimated General Fund reserves at midyear are approximately $18.2 million, or 16.3% of the current year's General Fund budget, exceeding our reserve policy by $8.7 million. The Stormwater Fund, Airpark Fund, Clearwater Harbor Marina Fund, General Services Fund, Garage Fund and Administrative Services Fund each have a small expenditure increase due to the allocation of fund reserves for the one-time $400 reimbursement for all CWA employees, which was approved by Council on July 21, 2011. The Parking Fund reflects a net decrease of$111,477 in both Council 2011-09-14 12 revenues and expenditures primarily due to overestimated enforcement revenue and the resulting decrease in the interfund transfer to the General Fund. Vice Mayor George N. Cretekos moved to amend the City's fiscal year 2010/11 Operating and Capital Improvement Budgets at third quarter. The motion was duly seconded and carried unanimously. Ordinance 8287-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8287-11 on first reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8288-11 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8288-11 on first reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.2 Authorize a not to exceed amount of$400,000, to pay Gallagher Bassett Services, Inc., for worker's compensation claims due, payable for the period October 1, 2011 to September 30, 2012, and authorize the appropriate officials to execute same. The $400,000 amount represents an estimate of claims expenses for the next fiscal year that will become due and payable as a result of workers' compensation claims occurring between 1984 and 1991.The City of Clearwater is self- administered for the majority of its workers' compensation claims, but a handful of claims (20 as of 7/31/11) are still administered by the City's former third party administrator, Gallagher Bassett Services, Inc. The City's Risk Management Division pays a fee of approximately $4,000 per year for continued third party services on these claims. Council 2011-09-14 13 Councilmember John Doran moved to authorize a not to exceed amount of$400,000, to pay Gallagher Bassett Services, Inc., for worker's compensation claims due, payable for the period October 1, 2011 to September 30, 2012, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.3 Approve payment of insurance premiums up to $600,000, with effective dates beginning October 1, 2011 to September 30, 2012 and authorize the appropriate officials to execute same. The Risk Management Division of the Finance Department purchases certain insurance coverages for the City. This insurance is purchased through the efforts of two brokers: Wells Fargo and Arthur J. Gallagher and Company. Risk Management is recommending approval of the following coverages and any other coverages that may become desirable throughout the year at a cost not to exceed $600,000. 2010/2011 2011/2012 Expiring Estimated Policy Term Premium Premium Crime & Dishonesty 10/1/11 - 10/1/12 $ 17,400 $ 17,416 Excess Liability 10/1/11 - 10/1/12 368,650 369,745 EMS Coverage 10/1/11 - 10/1/12 83,760 83,589 Flood (specific properties) Annual terms vary 47,590 48,000 Storage Tank Liability 5/20/12 - 5/20/13 11,669 12,000 Fire Boat/Police Boat 5/20/12 - 5/20/13 8,049 8,500 Marina Operator Legal Liability 10/1/11 - 10/1/12 17,085 17,355 Compressed Natural Gas Stationl0/1/11 - 10/1/12 N/A 20,260 Contingency 45,797 23,135 TOTAL $ 600,000 $ 600,000 Vice Mayor George N. Cretekos moved to approve payment of insurance premiums up to $600,000, with effective dates beginning October 1, 2011 to September 30, 2012 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.4 Award a contract (Purchase Order) to Sprint/Nextel, Los Angeles, California for cellular/radio and Blackberry services for the period of November 1, 2011 through October 31, 2012 at a cost not to exceed $329,500 in accordance with Sec. 2.5640)(d), Code of Ordinances, under State Contract 1523 and authorize Council 2011-09-14 14 the appropriate officials to execute same. This is a renewal of service for the City's cell phones, radio's, and Blackberry's ($169,500), and also incorporates all of the wireless cards for the Police Department's patrol vehicles ($110,000), various other Departments ($50,000).This Purchase Order represents an increase of$21,400 (6.9%) from the previous year. Councilmember Paul Gibson moved to award a contract (Purchase Order) to Sprint/Nextel, Los Angeles, California for cellular/radio and Blackberry services for the period of November 1, 2011 through October 31, 2012 at a cost not to exceed $329,500 in accordance with Sec. 2.564(1)(d), Code of Ordinances, under State Contract 1523 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.5 Award a contract (purchase order) to Extensys, Inc., Palm Harbor, Florida, in the amount of$151,450 to replace the Utilities Management Systems (UMS), in accordance with Sec 2.564 (1)(d), Code of Ordinances, under State Contract 250-000-09-1; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. The Utilities Management System was originally implemented in 1999. The existing HP-UX Server was put in place in 2003 and now approaching 9 years old. The existing hardware system can no longer remain current with application software upgrades and enhancements due to incompatibilities as a direct result of hardware age. Hardware replacement cost has been quoted by Extensys, Inc. at $151,450 (Quote EXTQ3883-02 dated July 14, 2011). This cost includes all requisite hardware as well as all vendor support. Councilmember Bill Jonson moved to award a contract (purchase order) to Extensys, Inc., Palm Harbor, Florida, in the amount of$151,450 to replace the Utilities Management Systems (UMS), in accordance with Sec 2.564 (1)(d), Code of Ordinances, under State Contract 250-000-09-1; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.6 Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, TVs, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period of October 1, 2011 to September 30, 2012 at a cost not to exceed $275,100, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical Council 2011-09-14 15 to bid and authorize the appropriate officials to execute same. The total Verizon Purchase Order is $275,100, broken down as follows. Frame relay, Point to Point, T1's, and radio circuits for the network, $219,100; backup trunks for the PBX network in case the T1's fail, $11,000; DSL/High bandwidth service for Parks and Recreation, Fire, Engineering, and VADI circuits, $45,000. This Purchase Order represents a reduction of$37,700 (12%) from last year. In response to a question, Network Technology Manager Sabrina Chute said it would be impractical to bid this service because Verizon owns the infrastructure; the City would have to pay another provider to build the infrastructure. Councilmember John Doran moved to award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period of October 1, 2011 to September 30, 2012 at a cost not to exceed $275,100, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical to bid and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.7 Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2011 through September 30, 2012 for database maintenance at a cost not to exceed $211,840 in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source and authorize the appropriate officials to execute same. This is an annual contract for Peoplesoft (payroll system) at $109,200, Oracle (database licensing) at $24,840, Oracle WAM maintenance (asset management system) at $71,000, and Oracle Mobile Device at $6,800.This Purchase Order represents a $17,520 (9%) increase from a year ago. Vice Mayor George N. Cretekos moved to award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2011 through September 30, 2012 for database maintenance at a cost not to exceed $211,840 in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.8 Approve acceptance of a Department of Justice, Bureau of Justice Assistance Council 2011-09-14 16 (DOJ/BJA) enhancement grant in the amount of$346,159 for a two-year period to fund the Clearwater Area Task Force on Human Trafficking and additional 1.75 full-time equivalent positions and authorize the appropriate officials to execute same. On March 2, 2011, the Resource Management Committee approved the submission of the Police Department's grant application for the Enhanced Collaborative Model to Combat Human Trafficking Fiscal Year 2011 Competitive Grant. On August 24, 2011, the Clearwater Police Department (CPD) received notification that it had been awarded DOJ/BJA funds in the amount of$346,159 for an enhancement of its very successful Clearwater Area Task Force on Human Trafficking (CATFHT). This marks the fourth time that DOJ/BJA has awarded grant funding for Clearwater's Human Trafficking task force, which has been in operation since 2006. Clearwater's task force has been a successful one, resulting in 25 confirmed Human Trafficking (HT) victims; 104 arrests; and 37 convictions. Clearwater's task force has been designated by the Department of Justice as a national training site for other task forces and as a model program. Due to the success of the task force, the workload has increased tremendously, requiring the addition of a second HT Investigator who will focus on labor trafficking cases, allowing the existing grant-funded HT Investigator to work exclusively on sex trafficking. A part-time Social Services Specialist/HT Coordinator position will also be added to the task force operations to assist with administrative duties. The Social Services Specialist/HT Coordinator will be hired following standard civilian hiring procedures. The HT Investigator will be assigned from within the Department and the grant-funded position will be back-filled by a new recruit. One new police officer position will be created and funded by the grant; there are no retention requirements for either of these grant-funded positions. The new enhancement grant will be used to fund the salary and benefits for the additional full-time HT Investigator and part-time Social Services Specialist/HT Coordinator; overtime for HT investigators and analysts, travel expenses; vehicle for HT investigator; supplies such as computers; GPS navigator; weapons; air cards; work station; file cabinet; digital camera; expenses for cell phone service, copying and printing, task force website, fuel/maintenance for vehicle; and payments for confidential informants. Council 2011-09-14 17 Special Project 181-99252 has been established to account for the grant expenditures. There is a 25% in-kind match required for this grant; CPD is providing the in-kind match with the $115,386 in salary for the lieutenant/supervisor of the Narcotics/Intelligence Unit and the sergeant/supervisor of the Intelligence Unit. Councilmember Paul Gibson moved to approve acceptance of a Department of Justice, Bureau of Justice Assistance (DOJ/BJA) enhancement grant in the amount of$346,159 for a two-year period to fund the Clearwater Area Task Force on Human Trafficking and additional 1.75 full-time equivalent positions and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.9 Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of$74,412 and additional 1.75 full-time equivalent positions and authorize the appropriate officials to execute same. On July 21, 2011, the Clearwater Police Department (CPD) was granted approval by the City Council to submit a grant application in the amount of$74,412 to the U.S. Department of Justice under the federal Justice Assistance Grant (JAG) program to create a Report Review Team Pilot Program. The Police Department now seeks approval to accept the grant and to add the additional full-time equivalent positions. The JAG grant will fund the salary and benefits of 1.75 full-time equivalent report reviewer positions. This is based on a total of 70 hours per week to be shared among three employees for a total of 3,640 hours annually. Based on the Pay Plan and using an hourly wage of$18.99, salary costs are estimated at $69,124, with benefit costs for social security at $5,290. The total cost of the program is equal to the grant award of$74,412.There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. Should the RRT Pilot Program be successful, it is proposed that subsequent years be funded through the same grant or the Investigative Cost Recovery project. Special Project No. 181-99253 has been established to account for the grant expenditures. Councilmember Bill Jonson moved to approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Council 2011-09-14 18 Grant application in the amount of$74,412 and additional 1.75 full-time equivalent positions and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.10 Approve a one-year funding agreement, in the amount of$163,443 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key, for period October 1, 2011 through September 30, 2012, and authorize the appropriate officials to execute same. The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service throughout the Clearwater Beach, Island Estates, and Sand Key areas since 1982. The non-profit's mission is to reduce congestion and improve mobility in this area for both tourists and residents. The Jolley Trolley now transports 190,000 passengers per year, reducing approximately 105,000 vehicles on Clearwater Beach. In addition, the Jolley Trolley has become a tourist venue that differentiates Clearwater Beach from other beaches in the area. The Jolley Trolley has achieved many accomplishments over the past few years: • Increased ridership, advertising and charter revenues • Improved fare box recovery from 18% to 23% • Increased advertising and local business support to 19% • Total self-funding has risen to 42% • Implemented the widely utilized Phillies Shuttles during Spring Break • Began a refurbishment and replacement program for trolleys • Developed a website, www.clearwaterjolleytrolley.com • Trained drivers to be Ambassadors of Tourism • Implemented a new schedule with 99% on-time frequencies • Developed a route map and schedule • Installed electronics on board that allow for PSTA (Pinellas Suncoast Transit Authority) partnering (Interchangeable passes) • Maintained an impeccable safety record • Implemented the extremely popular Coastal Route that includes Clearwater, Dunedin, Palm Harbor and Tarpon Springs (not funded as part of this agreement) As part of this agreement, the Jolley Trolley will prepare a quarterly report that tracks high- level financials, ridership numbers, accident frequency, and on-time adherence to schedule. The City will use these items as a measure of performance. Council 2011-09-14 19 $150,000 has been budgeted in the Parking Fund's Fiscal Year 2011-12 operating budget to fund this agreement. However, the Jolley Trolley is requesting an increase in funds to cover increases in fuel costs and other expenses (including audit) for a new agreement total of$163,443. If approved, a first quarter budget amendment in the amount of$13,443 will be made and the additional funding will be transferred from the Parking Fund - Retained Earnings. The Jolley Trolley will be asking PSTA to match the city's contribution of this route. The term of the agreement is for one year. The Economic Development and Housing Department administers the agreement. The attached Jolley Trolley's Business Plan covers the proposed revenues and expenditures for the fiscal year. In response to questions, Economic Development and Housing Director Geri Campos Lopez said the agreement is for the Clearwater portion only of the route; the City does not fund the coastal route. The City has been assisting the Jolley Trolley with auditing services; the organization is now at point where outside auditing services is needed. Jolley Trolley Executive Director Robert Longenecker said that approximately 75 cents out of the $55 per hour operating cost is due to auditing requirements. Mr. Longenecker said there were 4 paid advertisers 3 years ago, today there are 44 paid advertisers. The goal of the Jolley Trolley is to achieve and maintain 50% self funding. The maintenance cost per revenue hour was the highest expense; running close to what PSTA pays for their maintenance cost per revenue hour. Discussion ensued regarding the future need of transportation between the Clearwater Marine Aquarium and the Harborview Center. Mr. Longenecker said the Jolley Trolley is in discussions with the CMA to work out a plan. Vice Mayor George N. Cretekos moved to approve a one-year funding agreement, in the amount of$163,443 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key, for period October 1, 2011 through September 30, 2012, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.11 Authorize the City Attorney to retain outside Legal Counsel on behalf of Clearwater Gas System for the period of October 1, 2011 through September 30, 2012 and authorize the appropriate officials to execute same. Clearwater Gas System (CGS) utilizes four (4) separate law firms for representation on various natural gas-related issues on the local, state and Council 2011-09-14 20 federal levels. Their contracts are renegotiated and approved annually for the upcoming fiscal year. Below is a summary of their scope of responsibilities: • Miller Balis & O' Neil, P.C.: Represents the City on any federal issue that may impact our CGS operations. Typical items would be related to Florida Gas Transmission and FERC pipeline issues. ($25,000) • Gerald A. Figurski, P.A.: Represents the City on any CGS operational issues that occur in Pasco County. Also assists CGS in municipal franchise negotiations in both Pinellas and Pasco County. ($25,000) • Baker & Hostetler, LLP: Represents the City on all CGS environmental- related issues typically regarding the former manufactured gas plant site located at 400 North Myrtle Avenue. This firm primarily corresponds on our behalf with the Department of Environmental Protection. ($50,000) • William J. Peebles, P.A.: Represents the City on various State-related CGS operational issues, generally pertaining to the Florida Public Service Commission and the Florida Department of Agriculture rules and regulations. ($25,000) Councilmember Paul Gibson moved to authorize the City Attorney to retain outside Legal Counsel on behalf of Clearwater Gas System for the period of October 1, 2011 through September 30, 2012 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.12 Award a Contract (Purchase Order) for $40,131.00 to Richard H. Martin Roofing of Madeira Beach, FL for the installation of a sprayed polyurethane Foam roof system and acrylic Coating on the Capitol Theater and Lokey building; authorize the roof purchase under the approved Ruth Eckerd Hall Penny for Pinellas project; and authorize the appropriate officials to execute same. The current roof over the Capitol Theater has developed several leaks that allowed water to enter the building in the seating area. Several leaks over the Lokey building have been repaired as well. Attempts to patch the Theater roof have been successful but the patches will not last long. The renovation project scheduled for the building will not involve any changes to the roof design, therefore, this foam roof and coating will not be a part of that project. A 10-year material and workmanship warranty is included. The work must commence within 3 weeks of issuance of purchase order and be completed within 3 weeks of the commence date. Failure to complete the work in the specified time-period will result in a $500 per day penalty until complete. Funding for the contract will be provided with the allocation of$40,131 of Penny for Pinellas Funds set aside for the Ruth Eckerd Hall project on the Penny for Council 2011-09-14 21 Pinellas approved project list. A third quarter budget amendment will establish the project 315-93627, Capitol Theater Construction (Ruth Eckerd Hall). Councilmember Bill Jonson moved to award a Contract (Purchase Order) for $40,131.00 to Richard H. Martin Roofing of Madeira Beach, FL for the installation of a sprayed polyurethane Foam roof system and acrylic Coating on the Capitol Theater and Lokey building; authorize the roof purchase under the approved Ruth Eckerd Hall Penny for Pinellas project; and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.13 Appoint members to the Enterprise Zone Development Agency for staggered terms, in the following categories: local private industry council, City of Clearwater Police Department, local financial or insurance entities, non-profit community based organization operating within the area (2), resident residing within the area, local Chamber of Commerce, business operating within area and City of Clearwater Community Response Team. In response to a question, the City Clerk said the City is statutorily required to have advisory board. Staff was directed to provide information regarding reasons for the Board to call a meeting. Councilmember John Doran moved to appoint the following individuals to the Enterprise Zone Development Agency with staggered terms in respective categories: Kristin Dailey, Local private industry council, with term to expire September 30, 2013; Major Michael Sahr, City of Clearwater Police Department, term to expire September 30, 2012; Mick Constantinou, Local financial or insurance entities, term to expire September 30, 2014; Lara Shane, Non-profit community based organization operating within the area, term to expire September 30, 2015; Rick DeBord, Resident residing within the area, term to expire September 30, 2015; Kathleen Peters, Local Chamber of Commerce, term to expire September 30, 2015; Isay Gulley, Non-profit community based organization operating within the area, term to expire September 30, 2014; Stu Sjouwerman, Business operating within area, term to expire September 30, 2015; and Shelby Schaar, City of Clearwater Community Response Team, term to expire September 30, 2013. The motion was duly seconded and carried unanimously. 8.14 Approve a settlement agreement settling the case of Tampa Bay ADA, Inc., et al. v The City of Clearwater, Case 8:05-CV-1786-T-27TGW. This matter was mediated on July 28, 2011. Both parties participated in the mediation, either in person or by counsel. A settlement agreement was reached, subject to approval by the City Council that includes the following terms: Council 2011-09-14 22 Defendant will pay the plaintiffs the total sum of$42,000.00, in full settlement of all claims plaintiffs have for fees and costs arising in this case. Defendant will pay the mediation fee. Plaintiffs will execute a release of all claims, including claims for all costs and fees, and dismiss all claims with prejudice. The Parties understand and agree that this settlement agreement is subject to final approval and acceptance by the Clearwater City Council and the Plaintiffs are not bound by the settlement unless it is fully approved by that entity. Defendant's counsel will seek approval of this agreement at the earliest opportunity following its execution by all parties. Upon approval, payment will be made within 30 days. Vice Mayor George N. Cretekos moved to approve a settlement agreement settling the case of Tampa Bay ADA, Inc., et al. v The City of Clearwater, Case 8:05-CV-1786-T- 27TGW. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 8.15 Approve the Council Policies. Current Council policy indicates that working capital reserves must be maintained at a minimum level of three (3) months of operating and maintenance expenses. In May 2011, the Council reviewed a rate study for solid waste and recycling utilities. The rate study assumptions included a recommended minimum reserve for solid waste and recycling of six (6) months' operation and maintenance expenses for each utility. The related Council policy is being amended to reflect that minimum reserves are to be the greater of the current rate study assumption, or three (3) months operation and maintenance expenses. Staff recommends amending Policy 50, Review of Rate Schedules, to clarify the specific funds the policy applies to, and to ensure that minimum reserves are maintained at the necessary level. In response to a question, Finance Director Jay Ravins said the rate study for recycling recommended City increase the minimum reserves due to the volatility of recycling revenues. The rate study for solid waste recommended increasing the minimum reserves for debris removal in the event of a storm. Council 2011-09-14 23 Vice George N. Cretekos requested Policy 4M, Special Event Fees, be amended by replacing Iron Man with World Triathlon Corp., to reflect name on current agreement. There was consensus to amend the policy as requested. Councilmember Paul Gibson requested Policy 1 C, City Representatives on Non-City Boards, be amended to read, "Citizens appointed by City Council to be the City's representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council." There was consensus to amend the policy as requested. In response to a question regarding Policy 2E, General Fund Unappropriated Retained Earnings, Budget Director Tina Wilson said the current reserve level is 16.3%. The percentage listed in the policy, approximately 10 ten years ago, used to be 10%. In response to a concern, Mr. Ravins said the intent of the policy is to set a minimum reserve level. Councilmember John Doran moved to amend the policy to read, "It is the policy of the City Council to maintain a minimum General Fund reserve..." The motion was duly seconded and carried unanimously. Councilmember Paul Gibson requested Policy 161, Annual Events, be amended to read, "Newly elected Councilmembers and Councilmembers-elect..." There was consensus to amend the policy as requested. Councilmember Paul Gibson requested Policy 24E, Landscaping of City Road, be amended to read, "When landscaping is necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and freq enGy expense of required maintenance." There was consensus to amend the policy as requested. Councilmember Bill Jonson questioned need for Policy 211, Special Event Street Closure Limitation. The Clearwater Regional Chamber of Commerce has presented a local bill that would increase the special events for non-profits. Staff was directed to determine if the City has an agreement with the Farmers Market for street closures and provide Council with proposed amendment for policy. Council 2011-09-14 24 Councilmember Paul Gibson moved to approve Item 8.15 as amended. The motion was duly seconded and carried unanimously. 9. City Manager Verbal Reports 9.1 Downtown Metered Parking - County Lots Parking Manager Tracy Bruch said staff was directed to conduct a detailed cost analysis of the parking enforcement and collection process at the August 18, 2011. Staff determined that a detailed cost analysis was unnecessary as no FTEs (Full-Time Equivalent) would be eliminated with the termination of this agreement with Pinellas County. In response to questions, Ms. Bruch said the estimated cost allocation provided for the Parking Operations program is $18,200, based on a pro-rated method using direct costs only. Terminating the agreement with the County will not eliminate any positions. The City retains all parking fine revenue. 10. Other Council Action - None. 11. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 12. Adjourn The meeting was adjourned at 9:47 p.m. /11'144"/ Mayor Attest City of Clearwater Qitik.J Oezit. ; City Clerk i ���� C) 6411 igt tA c:)," '7/Mrs Council 2011-09-14 25