10/17/2011 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
October 17, 2011
Present: Mayor Frank Hibbard —Arrived 9:02 a.m., Vice Mayor George N.
Cretekos, Councilmember John Doran, Councilmember Paul Gibson,
and Councilmember Bill Jonson.
Also Present: William B. Horne 11 - 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.
Vice Mayor George N. Cretekos called the meeting to order at 9:00 a.m. at City Hall.
The Council recessed from 9:00 a.m. to 9:16 a.m. to meet as the Pension Trustees.
1. Presentations — Given.
1.1 Service Awards
Four service awards were presented to City Employees.
The October 2011 Employee of the Month Award was presented to Gary Edwards,
Engineering. The September/October 2011 Bimonthly Team Award was presented to
Condo Fire Responders Team: Paul Capo, Kevin O'Connor, James Groth, James Van
Zandt, Larry Williams, Patrick Davis, Mark Wing, Lucas Semple, Aaron Campbell,
William Wargin, Mike Brown, Doug Kellin, Chris Nelson, Jevon Graham, Joseph Kraus,
Adam Mittler, Robert Keane, Alex Monte, Wade Bishop, and Anthony Tedesco.
1.2 Police Recruits Swearing In
The City Clerk administered the Oath of Office to Shannon Kasparek, Kurt Hentschel,
Kelly Brinkman, Christopher Kakalow, Lee Curtis, Kristopher Bouvier, and Jarrett Busa.
1.3 EMS transmittal Response - Jim Millican
Jim Millican and Paul Sanford provided a PowerPoint presentation. Fire based medical
transport is the leading trend; potential savings of$20,000,000 over the next three
years. Proposed plan maintains levels of service; maintains current average response
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time of 4 minutes and 30 seconds; equalizes funding among providers; contains costs;
and provides sustainability.
In response to questions, Mr. Millican said the IPS study did not contain private
ambulance cost. The county proposal pays for each employee or for each transport.
The private ambulance contract has increased 97% since 2003. The IPS plan reduces
the level of service by removing 23 rescues from the fire departments. The IPS plan
increases the response time from the current average of 4minutes and 30 seconds to 7
minutes and 30 seconds 90% of the time.
Council requested a copy of the rebuttal provided to Pinellas County and additional
information regarding the number of critical calls, standard deviation, and data used for
First Responder Misconceptions slide.
It was requested that a work session discussion be scheduled prior to January 31,
2012. Staff was directed to draft a resolution requesting the Pinellas County Board of
Commissioners to renew the existing contract for ambulance services with Paramedics
Plus for no more than one year.
The Council recessed from 10:20 a.m. to 10:29 a.m.
2. Fire Department
2.1 Amend Clearwater Code of Ordinances, Chapter 17, Section 17.06, relating to
open fires, by repealing those subsections in Section 17.06 and pass Ordinance
8279-11 on first reading.
The Pinellas County Board of County Commissioners adopted Ordinance 11-33
on August 23, 2011, regulating open burning for recreational purposes and the
enforcement of such.
Ordinance 11-33 applies in the unincorporated portions and incorporated
municipalities of Pinellas County subject to the ability of the municipalities to
choose not to have the provision of the ordinance apply. The Pinellas County Fire
Marshal's Association and Fire Chiefs Association have unanimously endorsed
the adoption of Ordinance 11-33.
The Fire Marshal for the Clearwater Fire District has determined that the
enforcement of the provisions in Ordinance 11-33 as opposed to similar
provisions in Section 17.06, Clearwater Code of Ordinances, will protect the
health, safety, and welfare of the public. Pinellas County Ordinance 11-33 gives
fire officials the authority to manage different types of incidents and extinguish any
fires that are not compliant with the code. It also provides the ability to involve law
enforcement as needed and carries penalties for repeat offenders.
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In response to questions, Clearwater Fire Marshall Steve Strong said open fires can be
conducted without a permit as long as individuals follow guidelines outlined in the
Pinellas County ordinance. Proposed changes were implemented to mirror the county
ordinance.
Concerns were expressed regarding lack of restrictions to open fires created by
proposed changes.
Staff was directed to provide Council with a copy of the County ordinance.
3. Library
3.1 Approve an agreement to lease the Collier Arnold parking lot and authorize the
appropriate officials to execute same. (consent)
As part of the arrangement with the Clearwater Marine Aquarium, half of the Main
Library parking lot will be included in the lease of the Harborview space. To allow
the library to continue normal operations, the city will lease the parking lot on the
corner of Drew and Osceola from Collier Arnold for $1,500 a month. The Marine
Aquarium will reimburse the City for that cost. This is a month-to-month lease,
which the city can cancel at any time with 30 days written notice.
Mayor Frank Hibbard declared a conflict of interest and recused himself.
In response to a question, Library Director Barbara Pickell said there will be 72 non-
metered parking spaces for staff and public to use.
3.2 Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA -
$230,000; Ingram Library Services, Atlanta, GA - $175,000; and Midwest Tape,
Holland, OH - $65,000 for the purchase of library books and other materials for
the contract period October 1, 2011 through September 30, 2012, and authorize
the appropriate officials to execute same. (consent)
Blanket Purchase Orders for Baker and Taylor, Ingram, and Midwest Tape are for
the acquisition of books and audiovisual materials. The purchase orders will be
used for numerous small dollar purchases. Each order will be shopped for best
price and availability.
4. Parks and Recreation
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4.1 Approve an agreement with CSX Transportation, Inc., (CSXT) to provide
engineering services for the future crossings of the trail located on the south side
of Lakeview Road and authorize the appropriate officials to execute same.
consent
The preliminary engineering is underway for the Lake Belleview Trail that will
connect Ed Wright Park, and the future Lake Belleview Trail to the Pinellas Trail
along the south side of Lakeview Road. This project is identified in both the
City's Trails Plan, Shifting Gears, and the Pinellas County Metropolitan Planning
Organization's Trails Plan. The trail connection on Lakeview Road crosses a
CSXT railway line. In accordance with CSXT requirements, the City is required
to enter into an agreement to obtain permitting for the crossing of the railroad
tracks at Lakeview Road. The agreement will provide preparation or review of
engineering and design plans, the preparation of cost estimates pertaining to the
work performed by CSXT, and the review of any site documentation including
construction documents. It is a reimbursable contract with an estimated financial
impact of$6,500. It will be funded by CIP 315-93272.
In response to a question, Parks and Recreation Director Kevin Dunbar said the city
would be reimbursing CSX.
4.2 Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz
Stamper Inc. of Tampa, FL, in the amount of$200,000 for the purchase of labor,
materials and equipment to perform various concrete projects including
sidewalks, slabs, and curbs for a variety of parks and recreation maintenance
and construction projects and authorize the appropriate officials to execute
same. (consent)
Staff is requesting that Blanket Purchase Order BR 506827 be renewed to Grosz
Stamper Inc. of Tampa, FL who was the lowest most responsive bidder (Bid 24-
10) for concrete sidewalks and flatwork in 2010.
While the City is not obligated to use any or all of the amount being requested, in
Fiscal Year 2010/2011 the City spent approximately $160,000 on various concrete
work.
With over 100 parks in the City, there is a steady supply of minor work projects
needed to repair sidewalks and bike paths in parks, construct and repair bleacher
pads, dugouts and flatwork at ballfields and parks. It is difficult and time
consuming to get quotes and/or bids for each small project and we find that we
get better pricing by going with larger contracts/Blanket Purchase Orders (BPO).
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Any large construction project that exceeds the $100,000 limit will be bid out
separately according to current City policy and brought before the Council for
approval.
Grosz Stamper Inc. has been very responsive to the City's needs this past year
and after researching current costs for concrete work we discovered that the
original bid price is still very competitive and lower than the competition.
Funding for this BPO will come from a variety of operating and Capital
Improvement codes in the Parks and Recreation Department.
4.3 Award a contract (purchase order) to Restocon Corp. of Tampa, Florida, Bid 09-
0011-PR-C for the concrete repair of the exterior columns, walkways and stairs
at the Long Center located at 1501 N. Belcher Road, which includes a 10%
contingency; for a net sum of$195,470.00 and approve the transfer of
$32,459.08 from Long Center Infrastructure Repairs CIP 315-93278 to Aging
Well Center budget CIP 315-93615 at first quarter and amend the project scope
of the Aging Well Center project to include the entire Long Center for the
purpose of the concrete repair of the exterior columns, walkways and stairs; and
authorize the appropriate officials to execute same. (consent)
On August 21, 2003, the City Commission approved a five-year agreement from
October 1, 2003 —through September 30, 2008, with five, five-year renewable
options, between the City of Clearwater and the Pinellas Community Center Inc.,
for the management and maintenance of the Long Center.
This work is needed to repair structural damage to the columns, walkways and
stairs at the Center. Prior to the City taking over the management and
maintenance of the Long Center, the Pinellas Community Center Inc. made
repairs to the columns. Unfortunately, these repairs were not sufficient to take
care of a spalling problem with the columns and we are now seeing visible signs
of the cracking and spalling of concrete on and around the columns.
The City hired structural engineers, McCarthy and Associates Inc. to evaluate the
condition of the columns and make recommendations concerning the timing of
repairs and specifications to correct the deficiencies. The study revealed that 28
of the columns were in need of repairs within the next 12 to 18 months and the
remaining 34 columns needed attention within the next 2 to 6 years. Additionally
repairs to joints in the stairs, beams and walkways are needed within 12 months.
It is more cost effective to do all of this work at once rather than break it out over
several projects and several years. This contract includes concrete repairs of all
damaged exterior columns, plus all miscellaneous items including stair joint
repairs, beam and walkway repairs.
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A thicker new limestone finish will be installed on all columns. Staff is
recommending that the balance of funds ($163,010.92) in the Aging Well Center
budget 315-93615 be used for this project, since the original scope of the project
was not only to construct the Aging Well Center but also to perform major capital
maintenance at the Long Center including air conditioning and roofing. The
project fits the scope in that this is a major capital maintenance project.
Staff is recommending that $32,459.08 from the Long Center Infrastructure
Repairs CIP 315-93278 be transferred to this budget at first quarter.
In response to questions, Parks and Recreation Director Kevin Dunbar said staff
received responses from eleven bidders. The work performed ten years ago addressed
cosmetic issues; no structural repairs.
4.4 Ratify and confirm the City Managers approval to support Make a Difference
Fishing Tournament by waiving the loss of parking revenue in the amount of
$3,350. (consent)
On March 17, 2011, the City Council approved an agenda item for co-
sponsorship and level of support for events to be held in Fiscal Year 2011/2012.
Unfortunately, Make a Difference Fishing Tournament (MADFT) was not included
on the original list approved by the Council. Being there were no costs to the
general fund departments MADFT was not included in the agenda item; however,
this was an oversight as MADFT should have been included to cover the loss of
revenue to the parking system. In order to make sure that the event, which was
held on October 1, went smoothly the City Manager approved supporting MADFT
and waiving the loss of parking revenue of$3,350.
Staff is recommending that the Council ratify and confirm the City Manager's
decision.
4.5 Approve a Model Agreement for Commission of Public Artwork to be utilized for
commissions of public artwork under the provisions of Ordinance 7489-05, as
amended, and through the procedures of the Public Art and Design Program,
and authorize the City Manager and/or his designee to approve such
agreements. (consent)
The Clearwater Public Art and Design Program Model Agreement for Commission
of Public Artwork is based on the annotated Model Public Art Commission
Agreement created by the arts advocacy group, Americans for the Arts as a
means of incorporating best practices in the field of public artwork into the
commission agreements used by public art programs throughout the country.
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Over 100 public artists and legal experts in art law assisted in drafting the Model
Agreement prior to its distribution.
The Americans for the Arts agreement has been modified to fit the requirements
of the City of Clearwater and is submitted for review and approval of the City
Council. The Model Agreement for Commission of Public Artwork has been
reviewed by the City's Legal Department and is consistent with other City
contracts for artwork in necessary fields such as copyright, indemnity, insurance,
and others.
Since there will be numerous agreements for the commission of public artwork in
the future, staff is recommending that the City Manager or his designee be
authorized to enter into these agreements similar to previous artwork commission
agreements in accordance with City of Clearwater's Purchasing Policies and
Procedures.
4.6 Approve the proposed sculpture collection for Sculpture360: Season IV Art in
the Cleveland Street District. (consent)
Sculpture360 -Art in the Cleveland Street District is a temporary exhibition of
outdoor public artwork intended to bring high-quality, iconic, and vibrant artwork to
downtown Clearwater. This agenda item is presented in accordance with actions
taken during the April 15, 2009 City Council meeting in which the Council
requested that all installations of artwork of public property be subject to Council
review. The following collection of sculptures is recommended in full for
temporary exhibition as part of the Public Art and Design Program's Sculpture360:
Art in the Cleveland Street District: Season IV. The sculptures were chosen by a
Selection Panel, appointed by the Public Art and Design Board (PADB) in
accordance with the Public Art and Design Program Guidelines. The PADB
subsequently reviewed and approved this collection on September 15, 2011. The
sculptures are slated for installation starting the week of October 24 and will
remain on exhibition through September 24, 2012.
The Selection Panel consisted of individuals representing specified interests and
expertise was as follows:
Howard Warshauer (Chair), vice-chair of the Public Art and Design Board
Dennis Bosi, member of the Downtown Development Board
Robert Epstein, a professional sculptor
Paula Cadman, downtown business owner and operator of The Blue Dahlia
Anne Fogarty-France, Economic Development representative
Felicia Leonard, Parks & Recreation representative
Christopher Hubbard, Cultural Affairs representative
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An open Call to Artists as outlined in the Public Art and Design Guidelines was
issued detailing the scope of the project. The Call to Artists resulted in
approximately 53 responses of qualified artists with various works proposed for
temporary loan. The Selection Panel selected three finalists (Cecilia Lueza, Dee
Dee Morrison, and Jeffrey Turner). The Public Art and Design Board has
approved an allocation of$3,000.00 from the Public Art and Design Program
Discretionary Fund for supplementing the project budget for Sculpture360:
Season IV. The remaining project budget of$6,000 has been donated by the
Downtown Development Board. Funds will be utilized for artist honoraria and
equipment, materials, and personnel necessary for installing and removing the
sculpture under the terms of the exhibition.
4.7 Amend Section 22.24(2) of the City of Clearwater Code of Ordinances to change
the hours of operation for various parks; eliminate properties from the list that are
no longer used as a park; and change the name of Chautauqua Park North
(Enterprise Road) to Enterprise Dog Park and pass Ordinance 8293-11 on first
reading.
On February 3, 2005, the City Council approved Ordinance 7376-05 amending
Section 22.24 by adding the hours of operation for each City park in the Code of
Ordinances; requiring at least one prominently posted sign be installed at each
park stating the hours of operation; and providing an exception to the closing
hours which would allow a permit to be issued by the Department or the City
Manager. The Ordinance provided a tool that City law enforcement officers use
to more effectively patrol City parks and enforce the hours of operation at each
park. It reduced the number of persons trespassing on park property after closing
hours and reduces some of the vandalism that occurs during these times. From
time to time, Section 22.24(2) of the Code of Ordinances needs to be reviewed
and updated to reflect accurately any changes that may have occurred since the
last amendment. Following is a list of the various changes that are included in this
agenda item as well as changing the description of"Open for Scheduled
Programming Only" to "Open for Permitted Use Only".
Name changes: Lake Chautauqua Park North (Enterprise Road) to Enterprise
Dog Park. Properties removed: Countryside Library Playground; US 19 Soccer
Practice Fields, Martin Luther King Recreation Center Hours changed: North
Greenwood Rec. and Aquatic Complex - from "Closed from 9:00 p.m. until 6:00
a.m." to "Closed from 10:00 p.m. until 6:00 a.m." Belmont Park & Plaza Park -
from "Closed from 10:00 p.m. until 6:00 a.m." to "Closed from Sunset until
Sunrise" Ross Norton Ballfields, Frank Tack Park, Sid Lickton and Fred
Cournoyer Center, Joe DiMaggio Complex - from various set hours to "Open for
Permitted Use Only" Sand Key Bayside Park - from "Open 24 Hours Per Day" to
"Closed from 9:00 p.m. to 6:00 a.m." Lawn Bowls & Shuffleboard Complex - from
"Open for Permitted Use Only" to "City Owned Properties - Leased to Others"
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New categories: Martin Luther King Recreation Park Area - "Closed from 10:00
p.m. until 6:00 a.m." Del Oro Park Trail - "Closed from Sunset until Sunrise"
Clearwater Beach Family Aquatic and Rec Complex Boat Ramp - "Open 24 Hours
Per Day" Lawn Bowls and Shuffleboard Complex Park Area Only - "Closed from
Sunset Until Sunrise."
Staff was directed to correct a scrivener's error in the ordinance (page 4, item 72)
to read Clearwater Beach Family Aquatic and Recreation Complex Boat Ramps.
5. Police
5.1 Approve acceptance of a Florida Department of Law Enforcement /Bureau of
Justice Assistance Countywide Justice Assistance Grant (JAG) in the amount of
$30,000 to fund the purchase of 112 digital cameras and carrying cases and
authorize the appropriate officials to execute same. (consent)
On July 6, 2011, the Resource Management Committee approved the submission
of a JAG application by the Clearwater Police Department (CPD) to the Florida
Department of Law Enforcement (FDLE)/Bureau of Justice Assistance (BJA) for
the purchase of 112 digital cameras and carrying cases.
On September 12, 2011, CPD received notification that it had been awarded
FDLE/BJA funding in the amount of$30,000. Purchase of the grant-funded
cameras/carrying cases will allow CPD to implement a Patrol Camera Program
that will involve the issuance of a digital camera to all patrol officers, patrol
corporals, and civilian Traffic Support Team members (Police Service
Technicians).
Implementation of this program will result in efficiencies by allowing the
investigating field personnel, with minimal training, to obtain photographs while at
the scene of an active investigation, instead of waiting for a secondary officer to
attend to a single, limited facet of the investigation. CPD anticipates that, as a
result, the Department will realize an increase in the number of scenes at which
an officer will elect to obtain photographs. Specifically, deployment of individual
cameras will aid in obtaining photographs where required by law, such as
domestic violence investigations, child abuse investigations, and during incidents
which, in the past, may have been deemed too insignificant to warrant calling in a
Team Photographer. As an added benefit to the Department, this will allow our
current Team Photographers to assume the full responsibilities of a patrol officer
and focus on higher priority incidents, neighborhood policing, and problem
solving. Utilization of the Patrol Camera Program will also allow officers to submit
photographs directly to the Department's Records Management System (RMS -
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ACISS) through a secure download process. This will provide CPD's Criminal
Investigations Division and other investigative personnel with virtual real-time
access to the photographs obtained by field personnel directly within the ACISS
system, as opposed to a secondary database. It will also eliminate the need to
collect and transport memory cards from the Team Photographers. Additionally,
the Patrol Camera Program will allow for the efficient utilization of Crime Scene
Technicians by eliminating instances in which they are called upon simply to
obtain photographs. Deployment of individual digital cameras will provide greater
access to, and utilization of, available facial recognition programs, thereby
improving Department efficiency, officer safety, and public safety. Special Project
181-99251, Patrol Camera Program, will be established at 1st Quarter to account
for the grant expenditures. There is no match required for this grant and no
additional FTE's (Full Time Equivalent) associated with this project.
Staff was directed to provide council with additional information regarding type of
camera being ordered, cost and total number needed.
6. Engineering
6.1 Award a contract (purchase order) to Adkins Contracting, Inc, of Ruskin, Florida,
in the amount of$538,012.84 for the removal and replacement of under drains
and all associated and incidental work including restoration at locations
throughout the City of Clearwater, and authorize the appropriate officials to
execute same. (consent)
Based upon field investigation and evaluation, it is necessary to remove and
replace over five thousand (5000) linear feet of existing under drain systems to
control groundwater adjacent to City streets over the next twelve (12) months.
These existing systems are deteriorated and near the end of their life cycle. This
is a Unit Price Contract. The estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of comparison of Bids and
determining an initial Contract Price. Eleven bids were received on this project,
however due to significant errors in their bid tabulation, Sunshine Pipe withdrew
their bid. Accordingly, it is recommended that the contract be awarded to Adkins
Contracting, Inc. at $538,012.84. This is the second lowest bid and less than the
engineer's estimate.
The Contractor will be directed to high priority and high-risk areas as established
by engineering review of existing inspection reports, maintenance records, and
field visits. The contract also allows for emergency repair work to be performed at
the unit prices included in the contract.
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The City of Clearwater's Stormwater Maintenance Division is responsible for
operating, inspecting, and maintaining the under drain systems. The Streets and
Sidewalks Division is responsible for maintaining the sidewalks, curbs, and
gutters. Installation of new under drain will reduce the frequency of maintenance
requests for wet sidewalks and curbs due to groundwater seepage for both
divisions. Sufficient budget is available in Capital Improvement Program project
0315-92273, Streets and Sidewalks to fund the construction in the amount of
$538,012.84.
6.2 Award a contract (purchase order) to Andrew Site Work, Inc. of Bonita Springs,
Florida for the construction of the Greenlea East-West Reclaimed Water
Interconnect Proiect in the amount of$1,476,918.69, which is the lowest
responsible bid in accordance with plans and specifications, and authorize the
appropriate officials to execute same. (consent)
Construction is for the installation of a reclaimed water (RCW) transmission main
along Overbrook Road, Betty Lane, Sandy Lane, Kings Highway, and Greenlea
Drive from Douglas Avenue to Keene Road; along Keene Road from the CSX
railroad right-of-way (ROW) to Union Street; and along Montclair Road from
Keene Road to Hercules Avenue. Due to low construction costs the City is
experiencing in constructing/installing reclaimed water (RCW) pipelines in the
City, amendments to the Southwest Florida Water Management District
(SWFWMD) Cooperative Funding Agreements were approved to expand the
areas from the original scope.
On November 4, 2010, City Council approved a Cooperative Funding Agreement
between the City and SWFWMD, which includes reimbursement of up to 50% of
the cost of construction of this reclaimed water project up to a maximum of
$738,459.34.
The goal of this and all other reclaimed water projects is to reduce the amount of
potable water and groundwater being used for irrigation and other non-potable
uses. In addition, expansion of the Reclaimed Water Distribution System in
accordance with Reclaimed Water Master Plan brings the City of Clearwater
closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface
waters. The project was competitively bid and Andrew Site Work, Inc. was the
lowest responsible bidder for a proposed fee of$1,476,918.69. Construction,
Engineering, and Inspection (CEI) services during the construction period will be
completed by URS, Inc. (EOR), which includes daily on-site construction
inspection, engineering assistance with onsite observations and interpretations,
review of shop drawings, attending meetings, and providing record drawings.
Work Session 2011-10-17 11
The contract period for construction is 210 consecutive calendar days estimated
to start in November 2011 and finish in June 2012.The Public Utilities Department
shall own and maintain the proposed improvements included in this contract.
A first quarter amendment will increase budget only in Capital Improvement
Program project 0315-96739, Reclaimed Water Distribution of Other
Governmental Revenues (337900) for SWFWMD's share of the project in the
amount of$738,459.34.
Sufficient budget is available in Sewer Revenue in 0315-96739, Reclaimed Water
Distribution in the amount of$738,459.35 to provide total funding in the amount of
$1,476,916.69 to fund this contract.
6.3 Approve work orders to Tetra Tech, Inc of Tampa, FL in the amount of
$1,584,500 for engineering services and Legette, Brashears and Graham of
Tampa, FL in the amount of$1,154,000 for hydrogeologic services associated
with the City of Clearwater Groundwater Replenishment Project Pilot and
Testing Phase, for total costs of$2,738,500; approve a Cooperative Funding
Agreement with the Southwest Florida Water Management District (SWFWMD),
which provides reimbursement of project costs up to $1,536,250, and authorize
the appropriate officials to execute same. (consent)
This agenda item provides for engineering and hydrogeologic services associated
with the Groundwater Replenishment Project - Pilot and Testing Phase. The
feasibility study (phase 1) of this project was completed in March 2011. This
phase will test critical portions of the future project to determine whether the full-
scale system will meet all criteria associated with permitting and regulatory
standards. This phase 2 work is a two-year effort.
The goal of this project would ultimately be to utilize effluent from the Northeast
Water Reclamation Facility to replenish the groundwater aquifer. The water would
be highly treated through a water purification plant with multiple safety barriers to
remove all contaminants before introduction to the groundwater aquifer. The
benefits would be two-fold, in that the City would reduce its discharge of effluent
to Tampa Bay and also enhance the groundwater levels in the Floridan Aquifer.
The scope of work under the Tetra Tech work order will focus on design and
permitting of a pilot purification plant consisting of pretreatment, membrane,
advanced oxidation, oxygen removal, and purified water stabilization. A pilot scale
treatment plant will be built and operated for a period of one year. A recharge
treatment system will treat the source water (expected to be potable water), for a
six (6) month recharge test. The recharge treatment system is expected to
consist of a packaged membrane contactor for dissolved oxygen removal and
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some supplemental chemical feed systems for pH adjustment and chlorine
removal. Hydraulic testing by LBG of the test/exploratory recharge well will
confirm the target recharge capacity of the well and capacity of the recharge test
water treatment system. LBG will be responsible for design, permitting and
construction oversight of the test injection wells and monitoring wells.
The schedule is multi-year with anticipated start of October 31, 2011 and
completion by February 28, 2014.
Tetra Tech and LBG are both Engineers-of-Record for the City of Clearwater, and
these work orders were negotiated in accordance with the Consultants
Competitive Negotiations Act.
The Cooperative Funding Agreement between the City and SWFWMD includes
reimbursement of up to 50% of the cost of design, permitting and construction
costs for the pilot water purification plant and test injection wells up to a maximum
of$1,536,250. There is no cost associated with accepting the Cooperative
Funding Agreement.
Future phases are dependent upon the success or failure of this test and pilot
phase. If determined to be successful and the City desires to move forward with
subsequent phases, the total remaining project budget is $25,507,500 and the
City would continue to seek cooperative funding from SWFWMD.
First quarter amendments will increase budget only in Capital Improvement
Program project 0315-96773, Groundwater Replenishment Project Phase 2 of
Other Governmental Revenues (337900) for SWFWMD's share of the project in
the amount of$1,369,250.00 and transfer $768,140.00 Sewer Revenue (388420)
from 0315-96665, Sanitary Sewer R and R to 0315-96773, Groundwater
Replenishment Facility.
Sufficient budget is available in Water Revenue 0315-96773, Groundwater
Replenishment in the amount of$601,110.00 to fund the remaining balance of
these work orders in the amount of$2,738,500.00.
Staff was directed to provide information regarding the capacity of the pilot program.
In response to a question, Engineering Manager Rob Fahey said the City does not add
Fluoride to water.
6.4 Approve an Interlocal Agreement between the City of Clearwater and Pinellas
County, for distribution of Pennies for Pinellas funds to the City for work
completed as part of the Gulf Boulevard Improvement Program, authorize the
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appropriate officials to execute same and adopt Resolution 11-21.
In February 2002 by Resolution 02-1, the City of Clearwater entered into an
agreement with Pinellas County for planning and design of certain improvements
to the Gulf Beach Corridor and specifically Gulf Boulevard. The county recognized
these improvements to be of countywide importance and committed to assist
appropriate beach communities by contribution from the one-percent surtax more
commonly known as Pennies for Pinellas. This has evolved to the current
agreement - Pinellas County has agreed to reimburse the City of Clearwater and
other appropriate cities for improvements to Gulf Boulevard completed on or after
March 13, 2007. The City has completed appropriate improvements through the
construction of Beach Walk that qualify the City for these reimbursements. In all,
the amount to be reimbursed to the cities is $35 million prorated based upon
centerline miles of Gulf Boulevard within each jurisdiction. Clearwater will receive
19.17% of the total or $6,708,380 to be paid over a period of seven years
commencing in Fiscal Year 2013. The payment schedule included with the
agreement indicates that the City will receive $670,838 per year for Fiscal Years
2013 through 2016 and $1,341,676 per year for Fiscal Years 2017 through 2019.
The proceeds from this can be used to reimburse the funding sources for Beach
Walk, which include the General Fund, Penny for Pinellas, Transportation Impact
Fees and Road Millage. The exact distribution of the funds will be determined at a
later date.
6.5 Approve the conveyance of a Distribution Easement to Progress Energy (PE)
granting appropriate authority to PE for the purpose of providing electrical
service to the Compressed Natural Gas (CNG) filling station and other
improvements within the Clearwater Air Park; and authorize the appropriate
officials to execute same. (consent)
The design of the CNG filling station at the Clearwater Air Park required the
relocation of power lines within the Air Park. Progress Energy owns the power
lines and associated facilities on the city-owned tract for the purpose of providing
service to the CNG station and other facilities within the Air Park.
Progress Energy has requested that the City convey a distribution easement
granting PE appropriate authority to access that certain portion of land described
in Exhibit A of the easement to install, operate and maintain its facilities.
6.6 Approve two Sovereignty Submerged Lands Easements granted by the State of
Florida Department of Environmental Protection to allow for installation of
Work Session 2011-10-17 14
reclaimed water pipes attached to the Douglas Avenue Bridge and installed by
directional drill under a small bridge on Overbrook Avenue and authorize the
appropriate officials to execute same. (consent)
These easements are necessary as part of the Clearwater Harbor Reclaimed
System Project (10-0008-UT), which upon completion will provide reclaimed water
from the Marshall Street WRF to the Clearwater Harbor neighborhood, between
Edgewater/Union/Pinellas Trail/ Sunset Point Road. Council awarded the
construction contract for this reclaim project on May 19, 2011.
The easements are granted for 50 years from August 10, 2011, the effective date
of the easements. The land shall be used for reclaimed water pipeline on the
Douglas Avenue Bridge (Easement 41345) and reclaimed water pipe on the
Overbrook Avenue Bridge (Easement 41355).
The legal descriptions and sketches of the easement instruments were prepared
by the City's Licensed Land Surveyor.
There is no cost to the City for these easements. The Public Utilities Department
will own and maintain the proposed improvements included in these easements.
6.7 Approve the Cooperative Funding Agreement between Southwest Florida Water
Management District (SWFWMD) and the City of Clearwater for the Stormwater
Improvements Flood Protection- Smallwood Circle Project (N395), in the amount
of$125,000, and authorize the appropriate officials to execute same. (consent)
The proposed project consists of removal and replacement of approximately
3,000 linear feet of pipe including 1,000 linear feet of undersized pipe between
Highland Avenue to the west, Drew Street (SR 590) to the south, Hobart Avenue
to the east and Walnut Street to the north. The replacement of the entire system
will provide an opportunity to implement Best Management Practices within this
drainage area.
The City of Clearwater Stormwater Engineering Department proposed the project
to the Southwest Florida Water Management District (SWFWMD) for funding
consideration under the SWFWMD'S cooperative funding program. SWFWMD
considers the project worthwhile and desires to assist the City in funding the
Project.
This Agreement is for design and construction. Council action at this time is
necessary to secure Fiscal Year 2012 SWFWMD funds for design costs in the
amount of$125,000. Separate agreements will be presented to Council for
possible awarding of construction grant in future budgets for an additional
$750,000 for awards totaling $875,000.
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It is anticipated that the design and permitting costs will be $250,000. SWFWMD
will reimburse the City up to 50% of the design and permitting costs not to exceed
$125,000.First quarter amendments will establish Capital Improvement Program
project 315-96178, Smallwood Circle with $125,000 of SWFWMD (337900) grant
funding and a transfer of$125,000 City matching revenue from 0315-96169,
Stevenson Creek.
6.8 Approve a Cooperative Funding Agreement in the amount of$1,250,000 with the
Southwest Florida Water Management District (SWFWMD) to share one-half the
design and construction cost of Phase III of Tropic Hills Drainage Improvements
Project and authorize the appropriate officials to execute same. (consent)
The Tropic Hills neighborhood experienced severe flooding in June 1997 and
February 2006. The existing outfall is undersized and during heavy rainfall,
stormwater backs up in the neighborhood flooding streets and houses. Tropic Hills
Drainage Improvements Project consists of the following three phases:
Phase 1 is complete and included widening the existing channel, stabilizing the
eroding north bank gabions, and replacing a failing seawall along the south side of
the channel from US Highway 19 to Tampa Bay.
Phase 11 is underway and consists of FDOT (Florida Department of
Transportation) at the City's expense replacing the two undersized 36-inch
diameter pipes under U.S. 19 with a 4-foot by 10-foot box culvert during the
reconstruction from SR 60 to Harn Boulevard.
Phase 111 consists of replacing approximately 1500-feet of undersized pipe from
US 19 west to the open ditch adjacent to Tropic Hills.
Council action at this time is necessary to secure the District's funds for the design
and construction cost. A separate agreement will be presented to Council to
awarding a construction contract.
This agreement requires the City to match the District's amount with City dollars to
provide a total design and construction budget of$2,500,000.
First quarter amendments will establish Capital Improvement Program project
0315-96179, Tropic Hills Phase III with SWFWMD grant funding in the amount of
$1,250,000 and a transfer of$1,250,000 from 0315-96170, Coastal Basins
Projects to 0315-96179, Tropic Hills Phase 111 for total project funding in the
amount of$2,500,000.
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6.9 Request authority to institute a civil action on behalf of the City against Mission
Hills Condominium Association, Inc. (Mission Hills) for the purpose of seeking a
Declaratory Judgment to determine the City's easement rights as granted in that
certain easement dated April 26, 1971 by the Imperial Homes Corporation, Inc.
consent
On April 26, 1971, Imperial Homes Corporation granted an easement to the City
of Clearwater for the purpose of"installing, repairing, operating and maintaining
water lines over and across" certain property legally described within the
easement document (Easement). The Easement includes a 40-foot square
easement for an existing well site.
The City has operated the well since acquiring the Easement both as a production
well and then as a monitoring well. City staff plans to use the well site once again
for production in support of the Reverse Osmosis Water Plant 2.
In July 2011, City staff mobilized and began testing to determine whether to make
improvements to the existing well or to replace it by drilling a new well within the
40-foot square area to meet the City's production needs. On July 21, 2011,
attorneys for Mission Hills sent correspondence to the City objecting to the City's
planned activities. Mission Hills' attorney cited that it is Mission Hills' firm opinion
that the Easement does not serve to authorize additional drilling in or around the
existing well site.
The City Attorney's office has reviewed the Easement and is of the opinion that
staffs planned activities within the Easement area are consistent with rights the
City possesses by virtue of the Easement.
The Engineering Department requests that authority be granted to the City
Attorney's Office to seek a Declaratory Judgment by initiating legal action against
Mission Hills Condominium Association, Inc. This process is intended to identify
the rights granted to the City under the Easement.
The costs relative to this action will include a filing fee of$400 and a service
process of approximately $100.
Sufficient Water Sewer bond proceeds are available in 0376-96767, Reverse
Osmosis Plant at Res 2 in the amount of$500.00 to pay for these expenses.
7. Planning
7.1 Amend the operating budget of the Planning and Development Department in
Work Session 2011-10-17 17
the amount of$107,500 to fund a Development Service Center Manager and
provide customer service training in response to recommendations of the
Business Task Force. (consent)
The Clearwater Business Task Force submitted its final report to City Council on
August 29, 2011. Several recommendations supported hiring additional staff to
focus on customer service activities and to create a more customer-centric
environment. At the September 28, 2011 Special City Council Meeting, the
Planning and Development Department provided several recommendations in
response. As discussed at that meeting, to fully implement the desired changes of
the Task Force, a modern development service center is needed. Since that is a
long-term solution, the Planning and Development Department believes two
recommendations can be implemented to start moving the City in the desired
direction.
One recommendation is to create the position of a Development Service Center
Manager to oversee the customer service functions of the department. Some of
the key duties of that manager would be to manage and coordinate customer
service functions with the Construction Services and Planning Divisions as well as
with other departments involved in the development review and permitting
processes (Engineering, Fire, Utilities, Traffic, Solid Waste, Parks and
Recreation). Specifically, the proposed manager would have authority over all
involved to ensure customer service needs are met and to manage the process
when out-of-sequence reviews are needed or a shift in priority is warranted.
Additionally the Manager would serve as a development liaison on
major/complicated projects and those requiring time sensitive reviews and chair
the Building Plans Review Committee (BPRC). Another major objective would be
to identify ways to improve certain operations such as decreasing plan review
turnaround times and streamlining work processes. This position would be
created by moving an existing vacant FTE (Full Time Equivalent) management
position from another department to the Planning and Development Department.
Funding in the amount of$92,500 is requested to implement this
recommendation. Attached please find a proposed organizational chart of the
Department incorporating the new position as well as a list of responsibilities for
the position.
The other recommendation is to provide customer service training for the Planning
and Development Department as well as for staff from other departments that are
involved in the development review and construction permitting process
(Engineering, Fire, Utilities, Traffic Operations, Solid Waste, Parks and
Recreation). The Department believes such training can take the interaction
between city staff and our customers to the next level and help the City provide an
even higher quality of customer service. The Planning and Development
Department is requesting Council to allocate an amount not to exceed $15,000 to
Work Session 2011-10-17 18
fund such training. First quarter budget amendments will reflect the allocation of
$107,500 of General Fund reserves to the Planning and Development Operating
budget to fund these costs. Estimated General Fund reserves are approximately
$18.4 million, or 16.8% of the current year's General Fund budget, exceeding our
reserve policy by $9.1 million. Funding for this position and necessary training will
be included in the City Manager's recommended budget in future budgets.
In response to questions, Planning and Development Director Michael Delk said the
estimated salary is $67,000 for the senior level manager. The position will have a
SAMP 4 designation and will have authority to cross department lines.
7.2 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 1310 Parkwood Street (Lot 12, Block A, Pine Ridge in
Section 10, Township 29 South, Range 15 East) and Pass Ordinances 8289-11,
8290-11 and 8291-11 on first reading. (ANX2011-08004)
This voluntary annexation petition involves a 0.176-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the north
side of Parkwood Street approximately 137 feet east of Betty Lane. The applicant
is requesting this annexation in order to receive solid waste service from the City.
The Planning and Development Department is requesting that the 0.092-acres of
abutting right-of-way of Parkwood Street not currently within the City limits also be
annexed. The property is contiguous to existing City boundaries to the north,
south, east, and west. It is proposed that the property be assigned a Future Land
Use Map designation of Residential Low (RL) and a Zoning Atlas designation of
Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water and sewer service from the City of
Clearwater. Collection of solid waste will be provided by the City. The property is
located within Police District 11 and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical services
will be provided to this property by Station 51 located at 1720 Overbrook Avenue.
The City has adequate capacity to serve this property with sanitary sewer, solid
waste, police, fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
Work Session 2011-10-17 19
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category is consistent
with the current Countywide Plan designation of this property. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed
zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the
uses allowed in the district and the property exceeds the district's minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, south, east and west; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
8. Legal
8.1 Adopt Ordinance 8281-11 on second reading, amending the future land use
element of the Comprehensive Plan of the city to change the land use
designation for certain real property whose post office address is 1020 North
Hercules Avenue, from Transportation/Utility (T/U) to Industrial Limited (IL).
8.2 Adopt Ordinance 8282-11 on second reading, amending the Zoning Atlas of the
city by rezoning for certain real property whose post office address is 1020 North
Hercules Avenue, from Institutional (1) to Industrial, Research and Technology
(IRT).
8.3 Adopt Ordinance 8292-11 on second reading, modifying provisions of Chapter
33, Waterways and Vessels, Clearwater Code of Ordinances, regulating vessel
operation within the Clearwater Harbor Marina boat slips.
Work Session 2011-10-17 20
In response to questions, Marine and Aviation Director Bill Morris said there are several
ways to build a marina structure. The Beach Marina did not need any fortification for
wave attenuations. If needed, a jetty or floating wave attenuators can be used. Mr.
Morris said the city chose to use floating attenuators at the Clearwater Harbor Marina
because they could also be used as docks.
Concern was expressed regarding the vacant space needed in the Clearwater Harbor
Marina to improve egress into the slips. Staff was directed to request the engineer of
record for a design explanation.
9. City Manager Verbal Reports
9.1 St. Pete Times Property Acquisition
Assistant City Manager Rod Irwin requested direction from Council regarding the
acquisition of the St. Pete Times Property. Last month Council directed staff to seek
concessions to address the environmental remediation needed on the parcel. St. Pete
Times has agreed to reduce the purchase price by $250,000, for total price of$1.295
with a claw back provision stating that the City would return any funds from the
$250,000 reduction that were not used for the environmental cleanup. Allbritton has
agreed to reduce the purchase price by $15,000.
Environmental Manager Ed Chesney said the estimated cost for the soil removal
project, based on the Phase 2 study, is approximately $94,000. The estimate to
conduct further work required beyond the soil excavation is $400,000, with a 15%
contingency. The full extent of the contamination will not be known until the sites have
been demolished.
In response to questions, the environmental remediation requires to delineate the extent
of the contamination, which may go beyond the property.
Staff was directed to prepare an agreement to purchase the property for Council
consideration on Thursday.
10. Council Discussion Items
10.1 Councilmember Salary Increase
Discussion ensued with consensus not to implement a salary increase.
Work Session 2011-10-17 21
10.2 Dog Friendly Outdoor Cafes - Councilmember Doran
Councilmember John Doran requested consideration to establish an ordinance allowing
dog friendly outdoor cafes; popular and allowed in several municipalities.
There was consensus for staff to draft an ordinance.
10.3 Community Advisory Board - Councilmember Doran
Councilmember John Doran requested consideration to merge the Parks and
Recreation Board, Environmental Advisory Board and the Beautification Advisory Board
into one advisory board.
There was no consensus to pursue action.
11. Closing Comments by Mayor
12. Adjourn
The meeting was adjourned at 12:30 p.m.
Work Session 2011-10-17 22