10/31/2011 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
October 31, 2011
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin —Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Presentations
1.1 Service Awards
Five service awards were presented to city employees.
The Council recessed from 9:07 a.m. to 9:14 a.m. to meet as the Community
Redevelopment Agency.
2. Economic Development and Housing
2.1 Support the Tampa Bay Partnership Regional Business Plan Initiative and adopt
Resolution 11-25.
The Tampa Bay Partnership has adopted a Regional Business Plan, which
provides a long-term vision for economic growth and development around four
high potential industry clusters and a series of foundational regional marketing
and development initiatives. The Plan is coordinated with the Economic
Development Strategic Plan effort recently completed by the City.
In order to fully implement the Regional Business Plan, the Partnership will be
seeking private industry, foundation and grants-in aids financial resources. A
strong indication of support for the Regional Business Plan effort by investors and
members of the Partnership is critical to these fundraising efforts and to build
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momentum for the overall Plan implementation. In that regard, the Partnership
has requested a resolution of support from the City Council.
Staff recommends adoption of the resolution of support requested by the Tampa
Bay Partnership for the following reasons-
1) The Regional Business Plan and target industry strategy informs, supports
and is facilitative of the City's Economic Development Strategic Plan effort;
2) The Partnership's effort will provide analytics and information for the City's
effort that will avoid the cost and time required for the City to develop the
information independently;
3) Several region-wide, cost sharing business retention and expansion efforts
will allow the City to access business intelligence and contact management
capabilities not otherwise affordable to the City.
4) The regional marketing and re-branding activities planned by the Partnership
will have derivative benefits for the City's own economic development
marketing efforts.
In response to questions, Assistant City Manager Rod Irwin said the Tampa Bay
Partnership is seeking a private investment group to support the initiative. Should the
Partnership pursue a customer management system, the City may be asked to
participate in funding.
2.2 Tourism Contract Year-end Presentation - Adel Grobler, Imagine Global
Consulting
On October 2010, the City Council approved a professional services contract with
Imagine Global Consulting (Imagine) to provide tourism marketing and public
relations services to the City of Clearwater in the amount of$164,000 per fiscal
year (2-year contract with option for 3rd year). Imagine will present a year-end
review of activities to cover the following areas-
-Current Market and Media Trends
-Review of Strategic Objectives -Summary of Achievements
-Focus for Upcoming Year
Imagine Global Consulting representatives Adele Grobler and Gabriele Klink provided a
PowerPoint presentation. Visitor numbers from the Fall 2010 through Winter 2011
season have increased 6 % from the prior year, representing a 7.8% increase in direct
economic impact (approximately $719, 692). Marketing goals included increasing the
number of visitors, increasing visitor spending, generate increased market share, and
broaden the awareness of the City in key markets.
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In response to a question, Ms. Grobler said the firm used the movie A Dolphin Tale to
educate the media outlets on the experiences Clearwater has to offer to visitors.
3. Financial Services
3.1 Designate an underwriting team consisting of Wells Fargo Securities, Bank of
America Merrill Lynch, and RBC Capital Markets to provide investment banking
services to manage future negotiated bond sales for the City of Clearwater for a
three year period ending October 31, 2014, with the option for two additional
one-year extensions, and adopt Resolution 11-23.
In order to efficiently conduct future long-term bond financing transactions, staff
seeks Council approval for an underwriting team of investment banking firms to
manage future negotiated bond sales.
The team will consist of three firms selected through an RFQ process, and will
serve for a three-year period with two one-year optional extensions. The City's
Finance Director will designate the Senior-underwriter and Co-managers for each
transaction.
The City issued RFQ 31-11 to select a team of investment banking firms to
underwrite future bond sales and received a total of sixteen (16) responses for
consideration. The list of respondents is included in Exhibit A.
The selection committee has evaluated the responses and recommends the
Council approve a three-firm team consisting of Wells Fargo Securities, Bank of
America Merrill Lynch, and RBC Capital.
3.2 Authorize the negotiated sale of not to exceed $22,000,000 Stormwater
Revenue Refunding Bonds, Series 2011, and authorize staff to proceed with the
potential refunding and adopt Resolution 11-20.
Currently there is outstanding $20,295,000 of City of Clearwater, FL, Stormwater
System Revenue Bonds, Series 2002, with interest rates ranging from 3.625 to
4.950% callable on or after November 1, 2011. Recent bond market conditions
suggest we may have an opportunity to refinance all or a portion of these bonds in
the near future to achieve an acceptable present value savings in accordance with
the City's debt management policy.
The City's debt management policy states, "As a general rule, the present value
savings of a particular refunding should exceed 5%". While staff is hopeful for
favorable market rates that provide present value savings approaching or
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exceeding 5%, this sale resolution authorizes a minimum net present value
savings of 4%.
This resolution authorizes the negotiated sale of not to exceed $22,000,000 of
Stormwater System Revenue Refunding Bonds, Series 2011, and authorizes
awarding the sale to Wells Fargo Bank and the co-managers selected by the City.
Only the amount of bonds needed to refund all or a portion of the then outstanding
balance of the City's Stormwater System Revenue Bonds, Series 2002, and
associated issuance costs, will be issued.
The City may incur rating agency costs of an estimated $50,000 to $70,000, in
anticipation of a refunding. If the minimum refunding savings do not materialize on
a timely basis, after initiating the ratings review process, the City will still be
responsible for the rating agency fees incurred. The City will be responsible for no
other costs (i.e. Financial Advisor, Bond Counsel, Disclosure Counsel) unless a
refunding occurs.
3.3 Authorize settlement of the workers compensation claims of Claimant Jesse
Cross, File 1000005, in their entirety to include medical, indemnity and attorney
fees for a sum not to exceed $45,081.46. (consent)
On November 15, 2008, Claimant, a Fire Medic for the City of Clearwater, was
lifting a patient from a chair to the stretcher when she injured her back. She was
treated conservatively and released to full duty.
On January 19, 2010, Claimant was removing a patient from a vehicle to a
stretcher and injured her back. She was treated conservatively for a disc
protrusion at L5-S1 and released to full duty. She reached maximum medical
improvement on October 23, 2010 and received an impairment rating of 5%.
On April 14, 2011, Claimant was coming down the stairs at Station 44 when she
fell due to syncope. The claim was denied and claimant filed a claim against the
City stating her fall was due to leg weakness, which she related to her back injury.
On July 21, 2011, Claimant was working light duty when she mis-stepped causing
back pain. She was transported to the emergency room. The claim was denied
stating no accident as defined within Florida Statute. Medical bills for the July 21
emergency room visit were paid against the January 19, 2010 injury claim.
The Claimant continues to receive active medical treatment for her injuries.
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Settlement of these claims is recommended as being in the best interest of the
City by the City's Claims Committee, the Risk Management Division, and the
City's outside legal counsel, Mark Hungate, Esq..
4. Gas System
4.1 Ratify and Confirm Change Order 2 to Wise Gas, Inc. in the amount of
$49,429.47 and extend the contact duration by 45 days for the Compressed
Natural Gas (CNG) Filling Station Project (10-0043-GA).(consent)
The original CNG Filling Station contract with Wise Gas, Inc. did not include an
enhanced canopy design or a monument sign along the right-of-way of Hercules
Avenue. The enhanced canopy signage design was submitted to the City
Planning department as part of our City comprehensive sign program
requirements after the construction project was awarded in April 2011. To realize
cost savings for this additional signage work by doing this work while the current
contractor was on-site, Clearwater Gas System (CGS) received authorization from
the City Manager to move forward with procurement of the sign materials.
With approval of this Change Order, the revised contract amount will be
$791,204.23. The revised project completion date will be extended by 45 days to
December 14, 2011.
The original construction contract was approved by the City Council on December
16, 2010 and amended on April 7, 2011, with Wise Gas was in the amount of
$674,341. The City Manager subsequently approved CO 1 on September 21,
2011, in the amount of$67,433.76 within his 10% authority. This had been done
to cover items not originally in the Wise Gas contract, such as irrigation, lighting of
facility and enhanced island barriers (bollards) for rezoning.
The Clearwater Gas Department shall own and maintain the proposed
improvements included in this Change Order.
5. Marine and Aviation
5.1 Authorize the City of Clearwater to take over the maintenance of signage for
Dunedin Pass Channel Aids to Navigation, formerly a Coast Guard duty, at an
estimated cost of$700 per year and adopt Resolution 11-22.
The Dunedin Pass Channel has shoaled in and the Coast Guard is no longer able
to navigate safely the channel to maintain the fourteen Aids to Navigation. The
county declined taking on the task due to lack of equipment and manpower. The
area is within the city jurisdiction.
If the city does not assume responsibility, the Coast Guard will pull the pilings with
signage resulting in many vessels going aground. Their removal will affect
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Clearwater residents of north beach and Island Estates, those launching from the
Beach Recreation Center, those using the Beach Recreation Center day docks
and the day docks at the Island Way Grill.
The channel markers were rebuilt a year ago with pilings that cost approximately
$300 each and will last on average fifteen years. The combined signs and pilings
will need ongoing replacement due to fading, damage due to storms, or being hit
by boaters. The estimated cost for the tug and crew, pilings and signs is
approximately $700 per year depending on labor, cost of fuel and materials.
The Marine and Aviation Department has no income stream to offset the cost of
maintaining the Dunedin Pass Channel and requests that the general fund provide
the necessary funding.
Funding will be provided from the non-departmental program in the General Fund.
Appropriation code: 0-010-07000-5xxxxx-519-0000.
In response to questions, Marine and Aviation Director Bill Morris said the City
maintains 398 aids to navigation; 300 of those are informational signs. The Coast
Guard has requested the City takeover the signs in Mandalay Channel. The signs are
made by staff. The department has $10,000 to maintain the 398 navigation signs, but
believes this is a general fund cost as it supports the entire community.
6. Engineering
6.1 Award a Contract to Central Florida Contractors of Largo, Fl, for the 2011
Sidewalk Project (11-0012-EN) in the amount of$568,337.00, which is the
lowest responsible bid received in accordance with plans and specifications, and
authorize the appropriate officials to execute same. (consent)
This contract includes two main areas of work, new sidewalks and the removal
and replacement of existing sidewalks including A.D.A. ramp installation.
New sidewalks will be constructed on North Evergreen Avenue, North Hillcrest
Avenue and Park Street in the East Gateway District as part of neighborhood
enhancement program initiated by the City's Economic Development and Housing
Department.
Sidewalks to be removed and replaced including A.D.A. ramps are located in the
Morningside Estates Subdivision together with the Meadows Subdivision. These
sidewalk portions are typically cracked or uplifted by trees and a part of the City's
program to keep sidewalks in a safe condition. Other sidewalks to be removed
and replaced are being upgraded to meet current Florida Disability Code
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requirements. These sidewalk portions are located along Cleveland Street,
Landmark Drive and Oak Neck Road at Countryside Boulevard.
A first quarter amendment will transfer$65,571.00 of Development Impact Fees
from Capital Improvement Program (CIP) project 0315-92822, Miscellaneous
Engineering to 0315-92339, New Sidewalks. Sufficient funding is available in CIP
project 0315-92273, Streets and Sidewalks, to fund $502,766.00 for Repair and
Replacement of existing sidewalks for total funding in the amount of$568,337.00.
6.2 Approve Supplemental Work Order 2 to Sam Schwartz Engineering, in the
amount of$59,932.93, for design of a storm water pond and the associated
storm water management system to attenuate the storm water improvements on
Otten Street from Kings Highway east to Weston Drive. (consent)
This storm water work is associated with the Greenlea-Otten Traffic Calming
Project, which is currently under design by Sam Schwartz Engineering.
As part of the survey of the traffic calming project it became apparent that there
was a flooding issue on Otten Street between Kings Highway and Weston Drive.
It was deemed prudent by the Project Manager and the Storm Water Division
that effective means could be deployed to reduce the flooding problem on this
segment of road and that it could be constructed as part of the Traffic Calming
Project.
The storm water pond will be located on existing Park Property located at Sandy
Lane Park just south of this area on Weston Drive. The Parks and Recreation
Department has approved the use of this property.
The storm water pond and associated storm water facilities will be maintained by
the Storm Water Maintenance Division of the Utilities Department.
Sufficient funding in the amount of$59,932.93 is available in Capital Improvement
Program project 0315-92259, Traffic Calming.
7. Planning
7.1 Provide direction to staff regarding proposed recommendations of the Business
Task Force.
At the September 28, 2011 special meeting, City Council directed staff and the
Business Task Force Executive Committee to meet and discuss the Task Force
recommendations and determine areas of agreement and disagreement. Staff
and the Executive Committee met on October 13th and 20th and discussed all of
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the proposed recommendations. Much time was spent on items needing further
clarification and those where staff offered alternative solutions. Staff and the
Executive Committee are in substantial agreement with the proposed
recommendations and/or alternative recommendations. The most noteworthy
ones agreed upon are as follows.
• Changes to site plan application requirements outlined in Opportunity #2.
The Executive Committee agrees with staff alternative which would:
o Require a tree inventory and grading plan only when development
will impact trees;
• Require drainage calculations, pond size and location and narrative
describing stormwater control plan;
• Require a parking demand study only when the requested parking
flexibility exceeds a certain threshold; and
• Require a traffic impact study based on the current city policy.
• Code amendments addressing changes of use, nonconforming site
conditions and pavement. Staff and the Executive Committee agree that
code revisions will be developed to allow a significant number of these
issues to be reviewed and approved at the staff level instead of at a public
hearing which requires a greater amount of time for the developer but does
not necessarily result in a different outcome.
• The Executive Committee agrees that current staff levels could not support
two DRC meetings a month.
• No changes to accessory hotel provisions or Beach by Design will be
proposed.
Two areas have been identified for additional research/information. One is to get a
legal opinion on the application of Florida Statutes allowing private plan review as
there is a disagreement with staffs interpretation of the provision. The other one
is to get input from the City's outside legal counsel on the issue of signage on
umbrellas. The Committee and Chamber representatives indicated that
additional research and thought should be given to electronic changeable
message signs but at this time they are not proposing council allow them.
However, there was some discussion about the possibility of grandfathering
existing signs with electronic message boards and to such to change at a much
more frequent rate e.g. every 15 seconds instead of every 6 hours.
The one recommendation that staff and the Executive Committee do not agree on
is the allowance of sandwich board signs throughout the city. Staff supports their
use only along the City's traditional urban corridors.
Planning and Development Director Michael Delk said staff intends to formulate a series
of changes to address levels of approval.
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8. Legal
8.1 Adopt Ordinance 8289-11 on second reading, annexing certain real property
whose post office address is 1310 Parkwood Street, together with the abutting
right of way of Parkwood Street, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
8.2 Adopt Ordinance 8290-11 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1310 Parkwood Street,
together with the abutting right of way of Parkwood Street, upon annexation into
the City of Clearwater, as Residential Low (RL).
8.3 Adopt Ordinance 8291-11 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1310 Parkwood
Street, together with the abutting right of way of Parkwood Street, upon
annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
8.4 Adopt Ordinance 8293-11 on second reading, amending Chapter 22, Parks,
Beaches, Recreation, Article II, Use Regulations, Section 22.24(2), changing the
name of Chautauqua Park North to Enterprise Dog Park, modifying park hours
for various parks or portions thereof and removing certain parks.
8.5 Approve referendum questions to appear on the ballot on January 31, 2012,
regarding changes to the City Charter and pass Ordinances 8296-11, 8297-11,
and 8298-11 on first reading.
The Charter Review Committee is appointed by the City Council every five years
to review the City Charter and recommend changes thereto. This year's Charter
Review Committee recommends the following changes:
Ordinance 8296-11 would require the Charter Review Committee to meet every
six years instead of the current every five years;
Ordinance 8297-11 would increase the number of consecutive terms a
councilmember can serve from two to three;
Ordinance 8298-11 would require that a notice of the availability of the annual City
audit be published.
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Upon being adopted, each of these ordinances would be presented as a ballot
question on the January 31, 2012 ballot for referendum vote by the citizens of the
City of Clearwater. Each ordinance would become effective only upon being
approved at referendum.
Direction was given to continue second reading to December 1, 2011.
8.6 Pass Ordinance No. 8299-11 on first reading, amending Section 2.263(1),
Clearwater Code of Ordinances, to provide that the salaries of the Mayor and
Councilmembers will not increase in 2012.
Pursuant to Section 2.263(1), Code of Ordinances, the salaries of the Mayor and
Councilmembers automatically increase by the annual social security cost of
living adjustment or 2%, whichever is higher. The Mayor and Councilmembers
have determined that they will not accept an increase in salary this year due to
financial constraints. This ordinance amends Section 2.263(1) to provide that
the Mayor and Councilmembers' salaries will not increase in 2012.
9. City Manager Verbal Reports — None.
10. Council Discussion Items
10.1 Clearwater Street Lights - Councilmember Jonson
Councilmember Bill Jonson said he noticed in mid-July that many streetlights were not
working and reported 424 streelight outages. Progress Energy does not have a
proactive method to manage streetlights outages.
The City Manager said the City has agreements with FDOT on some corridors and have
a night crew that can do some of the work. A higher level of coverage will require
additional resources. Traffic Operations Manager Paul Bertels said the State provides
partial reimbursement for streetlight outages on state roads. A streetlight hotline on the
City's webpage allows citizens to report outages; the hotline is linked to C-Tracs. The
night crew will need eight man-hours to complete one route.
Staff was directed to speak with Progress Energy.
10.2 Homeless Leadership Network - Jonson
Discussion deferred to Thursday.
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11. Closing Comments by Mayor— None.
12. Adjourn
The meeting was adjourned at 11:26 a.m.
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