10/04/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 4, 2012
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
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 listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Pastor Chuck Englehart from Heritage United Methodist
3. Pledge of Allegiance — Councilmember Jay Polglaze
4. Presentations — Given.
4.1 National Arts and Humanities Month Proclamation, October 2012 - Roberta Klar,
Chairman of the Clearwater Arts Alliance
4.2 World Ostomy Proclamation, October 6, 2012 — Marilyn Bossard, President of
Clearwater Ostomy Support Group
4.3 2012 Fire Prevention Week Proclamation, October 7-13, 2012 - Fire
Marshal/Division Chief Steve Strong
4.4 Public Natural Gas Week Proclamation - October 7-13, 2012 - Chuck
Warrington, Dir. Clearwater Gas System
Mayor George N. Cretekos presented Kerry Nelson, Clearwater Gas System, with the
2012 Donald L. Napier Natural Gas Operating Person of the Year Award.
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5. Approval of Minutes
5.1 Approve the minutes of the September 20, 2012 City Council Meeting as
submitted in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the September 20, 2012
City Council Meeting as submitted in written summation by the City Clerk. The motion
was duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda — None.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Award the Construction Manager (CM) at Risk contract to Biltmore Construction,
of Belleair, Florida, to construct Fire Station 45 for a Guaranteed Maximum Price
(GMP) of$10,924,121; approve a supplemental work order to HDR Engineering
for $429,404; establish a final project budget of$13,301,250, recognizing a
project budget increase of$5,243,730; authorize a loan from the Central
Insurance Fund in the amount of$5,243,730 at the cash pool rate and authorize
the appropriate officials to execute same.
Fire Station 45 project includes construction of a new 32,800 square foot, 3-story
station on Court Street and Madison Avenue. The station will be a category 5
building with expectations of a Leadership in Energy and Environmental Design
(LEED) Silver certification. The station includes four vehicle bays and support
offices on the first floor, firefighter living quarters on the second floor, and
administrative and fire prevention offices on the third floor.
Biltmore Construction, as the Construction Manager, has reviewed design plans
and submitted a GMP. The GMP includes the actual price paid for the work (all
work subcontracts, supply contracts, direct labor costs, direct supervision costs
and direct job costs) plus the Construction Manager's fees. The CM at Risk
contract allows for management fees of 4% of the GMP to construct the project.
The construction phase is one year.
The supplemental work order for HDR includes additional design fees and
construction phase services, including required LEED commissioning.
The current project budget in capital project 315-91253, Main Fire Station, is
$8,057,520. Additional funding of$5,243,730 is necessary to provide for the total
capital funding needed of$13,301,250. At first quarter, this additional funding will
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be provided by a loan from the Central Insurance Fund in the amount of
$5,243,730 with interest paid at the cash pool rate.
Penny for Pinellas Funds representing the Gulf Boulevard reimbursement from
Pinellas County are recommended to fund the repayment of the loan and the
related interest payments of approximately $416,413, for a total additional use of
$5,660,143 in Penny for Pinellas funding. Under the Gulf Boulevard agreement,
the City will receive $6,708,380 between fiscal year 2012/13 and 2018/19 as
outlined in the attached worksheet. The Central Insurance Fund will be repaid for
the loan in the first six years as the reimbursement proceeds are received.
In response to questions, Clearwater Fire Chief Robert Weiss said the first floor of the
proposed fire station includes a small training/meeting room for station/district meetings.
Fire Chief Weiss said currently these district meetings are held in the living quarters.
Administrative Support Manager Marty Moran said the estimated project management
hours is an internal city fee, 3% of the program construction and engineering costs, for
the actual expenses incurred for engineering services dedicated to the project.
Engineering Construction Manager Tara Kivett said the City would typically award the
low bidder with the standard hard design bid build and hire a consulting firm that will
offer construction management services and field observations. In this case, the
construction management services and field observations are part of the GMP.
Concerns were expressed that staff did not provide Council with advanced notice of the
projected cost. Fire Chief Weiss said staff has been working through the value
engineering process with HDR and Biltmore; the estimated cost was finalized during the
last three months. When compared to a modern firehouse, the originally proposed
firehouse was undersized. Fire Chief Weiss said ADA requirements and specifications
for the decontamination room and gear lockers require certain space allocations for a
modern firehouse to be functional.
In response to questions, Biltmore Construction representative Jeff Parker said the
Florida Building Code requirements, Clearwater development code guidelines, LEED
certification requirements, and the Development Review Committee process (i.e., brick,
curtain wall system, additional square footage, landscaping, decorative railings, etc.)
contributed to the cost increase. The proposed fire station is also a showpiece; could
not be built cheaper. Mr. Parker said the GMP before Council includes furnishings,
fixtures, and equipment, which are typically not included in a GMP. Ms. Kivett said the
estimated LEED costs were $435,000; approximately 3.2% of project costs. HDR
representative Alen Temple said major redesign of the project would result in a four-
month delay; the redesign would be subject to Development Review Committee and
Community Development Board review.
Staff was directed to visit the recently constructed fire station in Tampa, Fire Station 22,
to determine how it was constructed at a comparably lower cost and provide Council
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with proposed cost savings for architectural/engineering services and materials that will
keep project costs within an $8 million and $13 million range.
Councilmember Doreen Hock-DiPolito moved to continue Item 7.1 to November 15,
2012. The motion was duly seconded and carried unanimously.
7.2 Approve request from the owner of property addressed at 2352 Timbercrest
Circle South to vacate the southernmost 5 feet of a 10-foot Drainage and Utility
Easement; and pass Ordinance 8364-12 on first reading (VAC2012-04).
Previous owners of property located within city limits at 2352 Timbercrest Circle
South constructed improvements within a platted drainage and utility easement.
The improvements encroached on the southernmost five feet of the easement and
the current owners have requested that this portion of the easement be vacated.
The remaining five feet of easement is contiguous with a ten-foot drainage and
utility easement on adjacent property effectively resulting in a fifteen-foot
easement corridor.
The Engineering Department conducted an interdepartmental review of the
proposed vacation. Staff has no objection to the request.
Progress Energy, Verizon, Bright House and Knology have no objection to the
request.
Councilmember Jay Polglaze moved to approve request from the owner of property
addressed at 2352 Timbercrest Circle South to vacate the southernmost 5 feet of a 10-
foot Drainage and Utility Easement. The motion was duly seconded and carried
unanimously.
Ordinance 8364-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8364-12 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8358-12 on second reading, removing the Designation as a
Historic Property for the property located at 405 Cleveland Street,
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Capitol/Royalty Theatre, under Community Development Code Section 4-607.
Ordinance 8358-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8358-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.2 Adopt Ordinance 8359-12 on second reading, removing the Designation as a
Historic Property for the property located at 401 Cleveland Street, Clearwater
Evening Sun/Lokev Building, under Community Development Code Section 4-
607.
Ordinance 8359-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8359-12 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.3 Adopt Ordinance 8360-12 on second reading, amending Division 7, Section
2.194, Code of Ordinances, decreasing the meeting frequency of the Library
Advisory Board.
Ordinance 8360-12 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8360-12 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
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8.4 Adopt Ordinance 8361-12 on second reading, amending the Operating Budget
for the Fiscal Year ending September 30, 2012 to reflect increases and
decreases in revenues and expenditures for the General Fund, Special Program
Fund, Special Development Fund, Water and Sewer Fund, Solid Waste Fund,
Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Harborview Fund, and
Administrative Services Fund.
Ordinance 8361-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8361-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.5 Adopt Ordinance 8362-12 on second reading, amending the Capital
Improvement Budget for the Fiscal Year ending September 30, 2012, to reflect a
net increase of$851,003.
Ordinance 8362-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8362-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.6 Adopt Ordinance 8363-12 on second reading, vacating that certain portion of the
17-foot alley lying south of Lot 7, and the West 41.34 feet of Lot 6, Block B, and
vacating that certain portion of the 28 foot alley Iving west of Lots 21,22, and 23
of Block B, both properties being described in the Plat titled J.R. Davey, et. Al.
Resubdivision located in Plat Book 1, Page 87 of the Public Records of
Hillsborough County, of which Pinellas County was formerly a part.
Ordinance 8363-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8363-12 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
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'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
9. Consent Agenda — Approved as submitted, less Item 9.12.
9.1 Approve State Housing Initiatives Partnership (SHIP) Program annual reports for
fiscal years 2009-2010. 2010-2011 and 2011-2012, and authorize the
appropriate officials to execute same. (consent)
9.2 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton. WI.
in the amount of$484.760.00 for the purchase of 1 new Pierce Heavy Duty
Velocity Pumper, in accordance with Sec. 2.564 (1)(d). Code of Ordinances.
Other governmental bid, and authorize the appropriate officials to execute same.
consent
9.3 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton. WI.
in the amount of$775.210.00 for the purchase of 1 new Pierce Heavy Duty
Velocity Squad, in accordance with Sec. 2.564 (1)(d). Code of Ordinances.
Other governmental bid, and authorize the appropriate officials to execute same.
consent
9.4 Award a contract (Purchase Order) to Oracle America, Inc.. Redwood Shores.
California for the period of October 1. 2012 through September 30. 2013 for
database maintenance at a cost not to exceed $217.010, in accordance with
Sec. 2.564 (1)(b). Code of Ordinances, sole source, and authorize the
appropriate officials to execute same. (consent)
9.5 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. 2012 to September 30. 2013 at a cost not to exceed
$234.840, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical
to bid, and authorize the appropriate officials to execute same. (consent)
9.6 Award contracts (blanket purchase orders) to Baker and Taylor. Atlanta. GA -
$265.000, Ingram Library Services, Atlanta. GA - $160.000, and Midwest Tape,
Holland. OH - $70,000 for the purchase of library books and other materials for
the contract period October 1. 2012 through September 30. 2013, and authorize
the appropriate officials to execute same. (consent)
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9.7 Approve Department of Environmental Protection (DEP) Agreement: MV055
Amendment 1 for CVA11-615 for Clean Vessel Act Grant Program funding for
the operation, maintenance and repair of the Clearwater Beach Marina pump out
vessel and authorize the appropriate officials to execute same. (consent)
9.8 Approve an agreement between the City of Clearwater and the School Board of
Pinellas County, Florida providing for the continuation of the School Resource
Officer program at Clearwater High School, Countryside High School and Oak
Grove Middle School for a one-year period commencing July 1, 2012 through
June 30, 2013, and authorize the appropriate officials to execute same.
consent
9.9 Award a Contract to Construction Manager at Risk, Biltmore Construction, of
Belleair, FL., in an amount not to exceed $86,105, plus $3895 excess funding for
unforeseen field conditions, establish a Capital Improvement Program (CIP)
project for the Fire Training Facility Concrete Pad Repair, close completed
projects returning funds to the General Fund, and authorize the appropriate
officials to execute same. (consent)
9.10 Approve a CDM Smith Supplemental Work Order in the amount of$378,398.59
for additional engineering design of the Reverse Osmosis Plant No. 1 Expansion
Project (09-0018-UT): and authorize the appropriate officials to execute same.
consent
9.11 Recommend Mayor George N. Cretekos as Clearwater's representative on the
Tourist Development Council for a 4-year term beginning November 1, 2012.
consent
9.12 Amend Council Policies 2.C, 4.M, 11.R , 163 , 18.D, and 23.A. (consent)
See below.
Councilmember Bill Jonson moved to approve the Consent Agenda as submitted, less
Item 9.12, and authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
9.12 Amend Council Policies 2.C, 4.M, 11.R , 163 , 18.D, and 23.A. (consent)
A concern was expressed with Policy 18.D and use of"representing" Council.
Councilmember Bill Jonson moved to amend Policy 18.D(3) to read, "Inquiries
addressed to the whole Council, whether in one letter or duplicate letters to all
Councilmembers, will be answered factually by the Mayor using language that indicates
Council 2012-10-04 8
that he or she is responding for the Clearwater City Council..." and approve Council
Policies as amended. The motion was duly seconded and carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Approve a Memorandum of Understanding with St. Petersburg College (SPC) for
funding a joint-use library operation on the SPC campus and authorize the
appropriate officials to execute same.
Previous discussions between SPC and the city on the possible creation of a
joint use library facility on the SPC campus have recently been very informal.
Approval of this Memorandum of Understanding by the governing bodies of both
organizations would affirm the desire of both SPC and the City to move toward a
joint use arrangement and establish a structure for future discussions. It would
not obligate the City to any specific requirements at this time except preliminary
planning at a cost of$30,000, which would come from available Penny 3 funds,
but would begin a process that could lead to an agreement in the future.
Councilmember Doreen Hock-DiPolito moved to approve a Memorandum of
Understanding with St. Petersburg College (SPC) for funding a joint-use library
operation on the SPC campus and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
10.2 Approve the Interlocal Agreement between the City and Pinellas County
establishing terms and conditions associated with right-of-way vacations,
impacts to County property and the transfer of real estate interests needed for
the planned expansion of the Capitol Theatre; adopt Resolution 12-16; and
authorize the appropriate officials to execute same, contingent on the passage
and adoption of Ordinance 8363-12.
The plan to renovate the Capitol Theatre includes expanding the Theatre's
footprint southward into the existing 17 foot-wide alley. Modifications to adjacent
property owned by Pinellas County are needed to accommodate the expansion.
The interlocal agreement establishes the terms and conditions agreed to by the
City and the County to facilitate the renovation of the theatre. Substantive
components of the agreement are summarized below:
The City will vacate a portion of the 17 foot-wide alley immediately behind the
Capitol Theatre and a portion of the 28 foot-wide alley currently located between
the two County-owned parcels.
The County will convey all interest, right and title over the south half of the
vacated 17 ft. alley to the City via quitclaim deed.
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The County will convey an easement to the City over the northernmost 12 ft. of
its property at 14 S. Fort Harrison Avenue for use as a public right-of-way and
as a utility corridor for public and private utilities.
The County will allow the vacated 28 ft. alley to continue to be used as a utility
corridor by the City, Knology and Progress Energy.
The City will pay all costs to combine the two County parking lots and the
vacated 28 ft. alley in accordance with the site plan previously approved by both
parties.
From time to time, the modified County parking lot may be disturbed due to
future work on underground utilities in the vacated 28 ft. alley. In such cases, if
parking spaces are unavailable to the County due to construction, the City will
provide for the number of displaced parking spaces in the City Hall parking lot
located at 112 S. Osceola Avenue at no cost to the County. This condition shall
survive the term of the Interlocal Agreement but is revocable by either party
without cause upon thirty days notice to the other party.
The City will grant the County a license allowing County employees to use ten
parking spaces in City Parking Lot 17 during business hours only. Lot 17 is
located on the southeast corner of Court Street and South Fort Harrison
Avenue.
Councilmember Jay Polglaze moved to approve the Interlocal Agreement between the
City and Pinellas County establishing terms and conditions associated with right-of-way
vacations, impacts to County property and the transfer of real estate interests needed
for the planned expansion of the Capitol Theatre. The motion was duly seconded and
carried unanimously.
Resolution 12-16 was presented and read by title only. Vice Mayor Paul Gibson moved
to adopt Resolution 12-16. The motion was duly seconded and upon roll call, the vote
was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
10.3 Amend Council Rules 1, 6 and 8 and adopt Resolution 12-17.
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At the August 13, 2012 work session, Council directed staff to amend the
following Council Rules:
Page 1: Rule 1 — Scheduling Council Meetings/Work Session Agendas (2):
Except as may be rescheduled from time to time when necessary due to
conflicts, a work session shall be held at 9:00 a.mr1:00 p.m. on the first working
day of the Council meeting week.
Page I Rule 6 — Order of Business, (2):
Agenda iterns, other than publiG hearings, will be presented by staff followed by
questions by the Ge unnil 0 p blip input, dicnUssinn by the Ge unnil 0 a motion one
seGend then debate on the mntinn Motion process for agenda items with
Ordinances or Resolutions: agenda items will be presented by staff followed by
questions by Council, public input, a motion and second on the agenda item,
discussion/comments by Council, vote, a motion and second on the ordinance or
resolution, discussion/comments by Council, and vote.
Motion process for other agenda items: agenda items will be presented by
staff, questions by Council, public input, a motion and second on the agenda
item, discussion/comments by Council, and vote.
Page 4: Rule 8 — DicnUssien of Agenda items, Debate of Motions, Tie Votes
Council may discuss an agenda item prier teafter a motion being made. Such
discussion may be interactive between the Council members and may be ended
at any time by a motion on the item. Otherwise, any member of the Council
making a motion shall address the Chair and await recognition before
speaking. The person making the motion is entitled to the floor first for
debate. No one is entitled to the floor a second time on the same motion as long
as any other member who has not spoken on the issue desires the floor. The
Chair must recognize any person who seeks the floor while entitled to it.
When a motion is made and seconded, it shall be stated by the Chair, if
necessary, before any debate shall be in order. All questions shall be stated and
put by the Chair, and the Chair shall declare all votes.
Motions and any amendments can be withdrawn or modified by the maker at any
time prior to the Chair stating the question on the motion; after that time, the
permission of the Council majority must be obtained. The Chair cannot close
debate as long as any member who has not exhausted his right to debate
desires the floor, unless a vote on the previous question is called for.
Council 2012-10-04 11
A tie vote shall constitute a continuance of the item to the next regularly
scheduled meeting, but upon a tie vote on the same item at the next meeting, the
item shall not be rescheduled except upon the request of the City Manager, the
City Attorney, or a Council member.
There was consensus to add Consent Agenda to Rule 6(1), Order of Business.
Councilmember Bill Jonson moved to amend Council Rules 1, 6 and 8. The motion was
duly seconded and carried unanimously.
Resolution 12-17 was presented and read by title only. Councilmember Doreen Hock-
DiPolito moved to adopt Resolution 12-17. The motion was duly seconded and upon
roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Miscellaneous Reports and Items
11. City Manager Verbal Reports — None.
12. Other Council Action
12.1 Amendment 4 — Councilmember Bill Jonson
Councilmember Jay Polglaze moved to approve adoption of a resolution urging citizens
to carefully consider the potential adverse consequences of Amendment 4 before voting
in the November 2012 general election. The motion was duly seconded and carried
unanimously.
Resolution 12-20 was presented and read by title only. Vice Mayor Paul Gibson moved
to adopt Resolution 12-20. The motion was duly seconded and upon roll call, the vote
was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Council 2012-10-04 12
13. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
14. Adiourn
The meeting was adjourned at 8:04 p.m.
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Mayor
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City Clerk �., ► . �►
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Council 2012-10-04 13