09/18/2012 COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
September 18, 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 in research, items are in agenda order although not
necessarily discussed in that order.
Mayor George N. Cretekos called the meeting to order at 9:00 a.m. at City Hall.
1. Presentations — Given.
1.1 Service Awards
Five service awards were presented to city employees.
The Council recessed from 9:07 a.m. to 9:08 a.m. to meet as the Pension Trustees.
2. Office of Management and Budget
2.1 Amend the City's fiscal year 2011/12 Operating and Capital Improvement
Budgets at third quarter and pass Ordinances 8361-12 and 8362-12 on first
reading.
The fiscal year 2011/12 Operating and Capital Improvement Budgets were
adopted in September 2011 by Ordinances 8285-11 and 8286-11. Section 2.521
of the City's Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects.
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Budget Director Tina Wilson said General Fund revenues and expenditure amendments
reflect a net increase of$2,477,356. The major reason for the overall General Fund
expenditure increase is the budget increase of$2,117,647 in Police and Fire for the
supplemental pension plans which is offset by plan revenue. Historically, these
revenues and expenditures were reflected in a separate fund, but the Government
Finance Officers Association (GFOA) requires that the supplemental plans be reflected
in the General Fund. The balance of the increase is reflected in appropriations of
General Fund retained earnings which include the following items previously approved
by the Council: $130,000 to fund the Main Library Entryway Improvements project; and
$350,000 to fund the balance of the Carpenter Complex/Bright House Field project.
With the closing of the year-end 2011 books, and the allocation of reserves noted
above, estimated General Fund reserves at third quarter are approximately $20.3
million, or 18.6% of the current year's General Fund budget, exceeding our reserve
policy by $11.1 million. Third quarter amendments to the Capital Improvement Fund
reflect an increase of$851,003. This increase is a result of the following amendments:
an allocation from Solid Waste Fund reserves of$822,490 to project 315-93631, Phillip
Jones Park Renovations; an allocation of General Fund reserves of$350,000 to project
315-93628, Carpenter/Bright House Field Improvements; and allocation of
Administrative Services Fund reserves of$185,000 to project 315-94874, City
Enterprise Timekeeping System; and an allocation of General Fund reserves of
$130,000 to project 315-93529, Main Library entryway Improvements.
In response to a question, Parks and Recreation Director Kevin Dunbar said the State
has not issued any FRDAP grant funding; match funds for Pier 60 repairs and
improvements project have been set aside until grant funds are available.
3. Economic Development and Housing
3.1 Accept grant from Communities Putting Prevention to Work (CPPW), in an
amount not to exceed $20,000, for the purchase of equipment and marketing
materials for the Clearwater Gateway Farmers Market; and authorize the
appropriate officials to execute same. (consent)
In 2010, the Pinellas County Health Department received grant funding awarded
by the Centers for Disease Control and Prevention called Communities Putting
Prevention to Work (CPPW). CPPW is an initiative designed to make healthy
living easier by promoting environmental changes at the local level. The focus of
the CPPW grant is to change systems, infrastructure and policies to encourage
healthy eating and physical activity. If healthy options are not available, then
healthy decisions are not possible.
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The Pinellas County Health Department has partnered with the InterCultural
Advocacy Institute (ICAI) and identified a need for access to affordable and
locally-grown foods by the Clearwater community, and in particular, the East
Gateway and surrounding neighborhoods. The ICAI's proposal is to create a
farmer's market in the East Gateway District to meet this need and use the CPPW
grant funding to cover most of the start-up costs of the farmer's market. Given that
the CPPW grant expires on September 29, 2012, the Pinellas County Health
Department is asking for the City of Clearwater to facilitate the process in order to
expedite the expenditure of the grant. Pinellas County will issue the City of
Clearwater a Purchase Order to purchase eligible equipment for the farmers
market.
The CPPW grant funding will cover start-up costs such as tents, tables, and chairs
as well as marketing materials. The City will be able to purchase these materials
for the purpose of the Clearwater Gateway Farmer's Market. The City will then
follow its process for declaring surplus and donating materials. It is the city's intent
to donate the equipment to the ICAI for the purpose of the farmers market (this
will be done in a subsequent Council action). While the grant does not require a
match, the ICAI is requesting minimal in-kind city services such as use of garbage
cans, solid waste pick-up, and associated staff time as outlined in the Special
Event Permit. To facilitate the farmer's market proposal, the Economic
Development and Housing Department has co-sponsored the event and staff has
submitted a special events application form. The farmer's market special event
application has received a conditional pre-approval. The proposed location for the
market is within the East Gateway on Cleveland Street between Missouri Avenue
and S. Lincoln Avenue. The market will operate every Saturday from 9:00 am to
2:00 pm, with a proposed opening day of Saturday, November 3, 2012.
The InterCultural Advocacy Institute, a 501c3 non-profit organization, will be the
fiscal agent of the farmers market. They will hire a project manager for the market
and operate the market with support from sponsors and partners. The ICAI Board
of Directors approved for the organization to be the host agency and the fiscal
agent for the Clearwater Gateway Farmers Market at their September 4, 2012
meeting.
The City will prepare an agreement with the ICAI for the donation of the
equipment for the purpose of the farmers market to meet the intent of this grant.
The Clearwater Gateway Farmers Market meets the goals of the East Gateway
Vision Plan approved by the CRA in January 2012. The Plan calls for the creation
of a walkable district and events that will attract more visitors to the District and
create activities for community interaction and economic opportunity. The farmer's
market would support local businesses by expanding their customer base,
creating new supply lines, providing marketing opportunities, and improving their
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entrepreneurial skills. Furthermore, it would create a unique and positive identity
that revitalizes the East Gateway District and instills neighborhood pride and a
sense of ownership.
The East Gateway Stakeholders Advisory Group (SAG) and the East Gateway
Business and Neighbors Association (BNA) are in support of the creation of a
farmer's market in the East Gateway District.
A first quarter budget amendment will establish special program project 181-
99864, Clearwater Gateway Farmers Market, to account for the grant proceeds.
In response to questions, Community Development Manager Ekaterini Gerakios said
the farmers market would impact Nature's Food Patch's north entrance parking lot.
Patrons for the Farmers Market will be discouraged to use this parking area. The
Clearwater Gateway Farmers Market will be active November through May. Economic
Development and Housing Director Geri Campos Lopez said the market will not be in
competition with the Downtown Farmers Market.
3.2 Provide direction to staff regarding the city's participation in projects applying to
the 2013 Cycle of the State of Florida's Low Income Housing Tax Credit
program. (WSO)
The Low Income Housing Tax Credit Program (LIHTC) is governed by the U.S.
Department of Treasury under Section 252 of the Tax Reform Act of 1986 and
Section 42 of the Internal Revenue Code, as amended. The program was
established to provide for-profit and non-profit organizations with a dollar-for-dollar
reduction in federal tax liability in exchange for the acquisition and substantial
rehabilitation, substantial rehabilitation, or new construction of low and very low-
income rental housing units. Each year, the IRS allocates housing tax credits to
designated state agencies-typically state housing finance agencies - which in turn
award the credits to developers of qualified projects through a competitive
application process. The program is monitored by the IRS and rents are set by
HUD. Residents of these units are limited to 60% and below of the area median
income (10% of residents need to be at 33% of area median income and below).
In the State of Florida, the Florida Housing Finance Corporation administers the
LIHTC program and is in the process of developing the rules for the 2013
Universal Application cycle. They have released a tentative schedule that
applications will be due in January 2013. From the initial rules, it seems that
projects in Clearwater have a strong chance of scoring competitively. For this
reason, developers have inquired whether the City will be participating in the 2013
cycle. Similar to last year, cities will need to provide a $100,000 commitment to
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each project they are supporting in order for the proposed project to receive
maximum points.
Given the reductions in the city's housing funds from the state and federal
governments (SHIP and HOME programs), the Housing Division does not have
any funding available to commit to LIHTC projects for the Fiscal Year 2012-2013
year. However, there is still an identified need for both affordable senior housing
and multi-family rental housing. LIHTC projects provide a benefit to the community
because they provide the financing vehicle to construct these projects, leveraging
dollars and bringing in new investment.
In 2011, City Council asked staff to release a Notice of Funding Availability
(NOFA) and committed General Fund dollars to support projects applying to the
LIHTC program. If the Council provides this direction for the city to participate in
the 2013 cycle, staff recommends following the same public process as last year
to allocate General Funds (or other city funding) for LIHTC projects.
The suggested timeline would be to release the NOFA in November, advertising
in the newspapers, website, etc. for interested developers to submit an application
for their proposed projects. Applications would be due in late November. Staff
would rank the applications according to city goals and objectives identified in the
Consolidated Plan and the LIHTC program. City Council would make the final
selection including the number of projects to support and total amount of
commitment in December 2012. This process ensures consistency and
equitableness and allows the City to continue to support affordable housing.
In response to questions, Economic Development and Housing Director Geri Campos
Lopez said the initial draft rules indicates that the school proximity rule may be relaxed
and the number of bus stops have changed, allowing Clearwater projects to score
higher. The City could add an extra point to the ranking criteria for Homeless Families
and Children projects that require 60% AMI or below and 33% AMI or below.
Staff was directed to proceed with the NOFA, with an emphasis on site rehabilitation
and homeless families projects.
4. Financial Services
4.1 Declare list of vehicle and equipment surplus to the needs of the City: authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction,
Tampa, Florida; and authorize the appropriate officials to execute same.
consent
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All vehicles and equipment have been replaced as necessary, or are no longer
required.
Tampa Machinery Auction is the Tamp Bay Purchasing Cooperative Auctioneer of
Record.
In response to questions, Solid Waste/General Services Assistant Director Rick Carnley
said the Ford Crown Victoria with 77,218 miles was declared surplus due to water
ingestion during Tropical Storm Debbie. The Pave-Mark Eraser is for Traffic
Engineering and used to remove striping.
5. Gas System
5.1 Authorize the City Attorney to retain outside Legal Counsel on behalf of
Clearwater Gas System for the period of October 1, 2012 through September 30,
2017, and authorize the appropriate officials to execute same. (consent)
Clearwater Gas System (CGS) utilizes four outside law firms for representation on
various natural gas-related issues on the local, state and federal levels. Their
contracts have been renegotiated and approved annually in past fiscal years.
This year the City Attorney has recommended that these contracts be set for five
years and has renegotiated them accordingly. Below is a summary of their scope
of responsibilities:
• Miller Balis and O'Neil, P.C.: Represents the City on any federal issue that
may impact our CGS operations. Typical items would be related to Florida Gas
Transmission and FERC pipeline issues. (up to $25,000 annually for 5 years)
• Baker and Hostetler, LLP: Represents the City on all CGS environmental-
related issues typically regarding the former manufactured gas plant site
located at 400 North Myrtle Avenue. This firm primarily corresponds on our
behalf with the Department of Environmental Protection. (up to $50,000
annually for 5 years)
• William J. Peebles, P.A.: Represents the City on various State-related CGS
operational issues, generally pertaining to the Florida Public Service
Commission and the Florida Department of Agriculture rules and regulations.
(up to $25,000 annually for 5 years)
• Gerald A. Figurski, P.A.: Represents the City on any CGS operational issues
that occur in Pasco County. Also assists CGS in municipal franchise
negotiations in both Pinellas and Pasco County. (up to $25,000 annually for 2
years - Mr. Figurski has indicated that he will retire after 2 years)
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6. Parks and Recreation
6.1 Approve the First Amendment to the Project Agreement between the City and
Phillies Florida, LLC, approving Project modifications to address environmental
concerns and minimum flood plain elevations; increasing the City funding for the
project from $2,900,000 to $3,250,000 from unappropriated retained earnings
and authorize the appropriate officials to execute same. (consent)
On December 1, 2011, the Council approved the Fourth Amendment to Sports
Facility Use Agreement between the City of Clearwater (City) and Phillies Florida
LLC (Phillies); a Project Agreement between the City and Phillies to make certain
improvements at Carpenter Complex and Bright House Networks Field (Project) in
accordance to the Carpenter Complex Use Agreement and the Bright House
Networks Field Use Agreement and approve funding the project for$2,900,000
from unappropriated retained earnings.
Since that time, the planning, development, permitting and construction of the
project has moved forward. In the permitting phase, it was discovered that
methane gas was present on the site. DEP (Department of Environmental
Protection) has approved a gas vapor intrusion detection and mitigation system to
be installed in the Training Building portion of the Project. The project had not
anticipated this cost since methane had not previously been detected on the site.
In order to keep the project on schedule, the investigation, design work and
estimates to construct the gas system were completed and permitted at a cost of
$115,000. The City is responsible for environmental matters arising on the site in
accordance with the Carpenter Complex and Bright House Field Use Agreements.
In addition, the original elevation of the new training facility was established at 23
feet, which is 1 foot higher than the 100-year flood plain elevation of 22 feet, and
was an acceptable elevation from an engineering and design perspective.
However, in June of 2012, Tropical Storm Debby impacted the subject site such
that several rooms at Bright House Network Fields, the maintenance building at
Carpenter, and 70% of Carpenter Field including the location for the new training
facility were flooded.
In accordance with both the Carpenter Complex and Bright House Field Use
Agreements, the City is responsible for the repair and rebuilding of the subject
facilities should such facilities be destroyed by flood or other similar cause.
Therefore, City staff and its consultants recommend that the new building be
elevated to 25.5 feet to preserve the City's asset and minimize the possibility of
future damage and the related extensive costs the City would be obligated to pay.
The city will pay up to $235,000 to elevate the building the additional 2.5 feet and
any cost above this amount will be covered by the Phillies. Staff is
recommending that the City's contribution to the project be increased from $2.9
million to $3,250,000 to cover costs of the gas mitigation system ($115,000) and
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up to $235,000 to increase the floor elevation of the building by 2.5 feet. Funding
for the project will come from unappropriated retained earnings and will be
transferred into the project at third quarter. The Phillies have been managing the
project and will be responsible for any project cost overrun above the City's
$3,250,000 contribution. If approved, a third quarter budget amendment to
project 315-93628, Carpenter Complex/Bright House Field Improvements in the
amount of$350,000 from General Fund unappropriated retained earnings will be
made. With the approval of this agenda item, General Fund reserves will be
approximately $20.3 million, with reserves of$10.7 million over the current
reserve policy.
One other change to the agreement deals with the use of the 3,420 sq. ft.
building north of the Clubhouse. The original proposal was to convert this
structure into two additional indoor batting tunnels, however the Phillies have
since requested that this building be used as a maintenance storage facility. The
Phillies will also assume the maintenance and replacement costs for the air
conditioning of this space.
6.2 Approve a three-year Agreement between the American Red Cross and the City
of Clearwater to provide training in first aid care, emergency response, swim
instruction and lifeguarding for City employees and members of the public and
authorize the appropriate officials to execute same. (consent)
The Parks and Recreation Department trains and employs recreation staff,
lifeguards, swim instructors, and first responders. Employees in these positions
have a duty to provide care to an injured or ill person until more advanced help,
such as EMS, arrives. The American Red Cross has a nationally recognized
training curriculum in first aid care, emergency response, swim instruction, and
lifeguarding. The department staff will train approximately 140 employees in first
aid, 25 in swim trainer instruction, 60 members of the public in lifeguard skills, and
500 in water safety. Other organizations have nationally recognized curriculums
in these programs but the American Red Cross is an organization that is all
encompassing. Trainers and instructors need only one organization to certify in all
curriculums. Certificate fees cost $2.50-$21.50 each. Books, instructional DVDs,
and other materials vary in cost.
The Recreation Programming Division's Operating Budget contains sufficient
funds to cover the costs (approximately $2,500) associated with this Agreement.
6.3 Approve First Amendment to License Agreement between the City of Clearwater
(City) and Emerald Coast Bungee, Inc. to replace one of their amusement
concessions, four-sided faux rock climbing wall with a Galaxy Multi Rides Shark
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Attack Ride and authorize the appropriate officials to execute same. (consent)
On May 14, 2010, the Council approved the renewal of a License Agreement with
Emerald Coast Bungee, Inc., to provide entertainment concessions at Pier 60
Park, in specific a rock climbing wall and a bungee powered trampoline jump.
Due to the transportation and storage issues with the rock climbing wall, the
contractor has not offered this concession for the past several months and has
requested that they be allowed to operate a new concession known as a Shark
Attack Ride rather than the rock climbing wall.
This ride is similar to a mechanical bull ride only the animal is a shark rather than
a bull.
Staff is recommending that the License Agreement be modified to allow for this
substitute ride.
The City's portion of revenue generated from this Agreement is approximately
$50,000 per year.
The current Agreement with this vendor as well as the other vendor occupying
space at Pier 60 Park ends on May 13, 2013.
Concerns were expressed with the potential negative impact of a shark ride. Staff was
directed to take item off the Consent Agenda and provide additional information
regarding circumference of the shark ride.
6.4 Approve a funding source change of$200,000 from Projected Grants to General
Funds for Capital Improvement Project (CIP 315-93625), Pier 60 Park Repair
and Improvements, and approve a first quarter amendment to transfer $200,000
from General Fund Reserves to this project. (consent)
In Fiscal Year 2010/2011, the City Council approved a new Capital Improvement
Project for $510,000 to fund repairs and improvements to Pier 60 Park. Pier 60
Park's appearance and overall appeal to the citizens as well as the tourist
population has always been an important issue for the City.
This project was approved to provide needed funding to improve and keep the
Park a quality tourist attraction and a destination place for visitors and residents.
Funding for this project was to come from a proposed $200,000 Florida
Recreation Development Assistance Program (FRDAP) Grant as well as
$310,000 of general funds.
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The general fund dollars have already been transferred into the project.
Unfortunately the City's grant proposal like all other state FRDAP grants
submitted for Fiscal Year 2012 (and the prior three years), were not funded.
Additionally, it does not appear likely the program will be funded for the
foreseeable future.
In order to continue with this much needed project, staff is recommending that
$200,000 of General Fund reserves be transferred at first quarter in order to
proceed with this project. The remaining $310,000 for this project is already in the
current CIP budget. The project will include repair of existing seating wall, site
furniture, ground renovation, walkways, irrigation repairs, special event layout
improvements in order to make the park consistent with the major improvement
made in the Beach Walk project. In addition, improvements will be made by
adding a new concept in play structures that will become a focal spot on the
beach.
In response to a question, Parks and Recreation Director Kevin Dunbar said the
conceptual plans for the park play areas and construction price will need council
approval. Assistant City Manager Jill Silverboard said historically the parking fund has
not been used to pay for parks; the parking fund pays for beach cleaning activities
6.5 Approve First Amendment to Agreement between the School Board of Pinellas
County, Florida (Board) and the City of Clearwater (City) providing for the joint
use of facilities retroactively to January 1, 2012 through December 31, 2016 and
authorize the appropriate officials to execute same. (consent)
On December 19, 2006, the City and Board approved an Agreement to allow the
reciprocal use of facilities owned by the parties. This Agreement included a
provision that allowed for 3 additional renewals of the original Agreement with an
exchange of letters between the City and Board representatives. The City and
Board Representatives exchanged letters to extend the Agreement prior to
January 1, 2011.
It has been determined by the City and Board that the language in the original
Agreement also requires approval by the Board and Council.
Staff is requesting approval of the First Amendment ratifying and confirming the
decision to extend the Agreement between the City and Board from January 1,
2012 to December 31, 2016. All other terms and conditions of the original
agreement remain in full force and effect.
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6.6 Approve a 1-year agreement with the Junior League of Clearwater-Dunedin, Inc.
(JLCD), Eckerd Youth Alternatives, Inc. (EYA) and Camelot Community Care,
Inc. (CCC) and the City, from October 1, 2012 to September 30, 2013, to
provide programming to serve young people and families in the foster care
system at the Ross Norton Recreation and Aquatic Complex and authorize the
appropriate officials to execute same. (consent)
It is highly desirable and socially responsible to provide activities to build and
foster the confidence, educational, cultural and social skills and good habits in
young people and families in the foster care system. Young adults within the
foster care system often are without fundamental life skills. This lack of life skills
training can result in the increase in school dropout rates, incarceration and teen
pregnancies within the foster child population.
Partnering with EYA, CCC and JLCD will provide the capacity to support life skills
programming specifically designed for young people and families in the foster
care system. Eckerd Youth Alternatives and Camelot Community Care will
conduct the programs with the volunteer and financial support of the Junior
League of Clearwater-Dunedin, Inc. EYA serves as the Community-Based Care
Lead Agency for foster care services in Judicial Circuit 6 in Pinellas County. EYA
subcontracts with Camelot Community Care to provide services to foster youth
ages 13 to 17 and to young adults formerly in foster care, ages 18 to 23. Their
programs are designed to assist youth in obtaining life skills and education for
independent living and employment; to provide youth a quality of life appropriate
for their age; and empower youth to assume personal responsibility for becoming
self-sufficient adults. Their staff is fully licensed and specialized in supporting the
specific population.
The agreement will provide the City $22,500 to secure undedicated programming
space for their programs and discounts to city offered recreation programming.
Beyond the obvious benefits of this program, the hope is that more teenagers will
be exposed to the recreation center and programs, and desire to be a part of this
healthy environment and alternatives provided at the center.
7. Police
7.1 Approve a contract in the amount of$473,263.50 with the Pinellas County
Sheriff's Office, Largo, Florida for latent fingerprint, crime scene processing
services, evidence and property storage and Pinellas Juvenile Assessment
Center services, during the one-year contract period commencing October 1,
2012 through September 30, 2013, and authorize the appropriate officials to
execute same. (consent)
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The Pinellas County Sheriff's Office (PCSO and the Clearwater Police
Department (CPD) began annual contractual agreement for services in January
1994. The agreement covers latent fingerprint examination, property/evidence
storage, crime scene processing services and a share of security costs at the
Pinellas Juvenile Assessment Center (PJAC).The total cost of the proposed Fiscal
Year 2012/2013 agreement is $473,263.50, reflecting a 2% decrease in cost from
the 2011/2012 contract for services primarily due to a contractual reduction in the
calls for service requiring crime scene processing, and a reduction in the number
of items submitted by the CPD to the Sheriff's Office Property and Evidence
Division.
The proposed contractual agreement reflects the following breakout of costs:
Fingerprint Services- $81,752; Forensic Science Services (Crime Scene
Processing) - $2427604 (1200 calls at $202.17 per call); Evidence and Property
Service and Storage - $1067907.50 (10,250 submissions at $10.43 per
submission); Pinellas Juvenile Assessment Center (PJAC) - $427000 (500
bookings at $84 per booking). Requests for services in excess of the number of
contractual calls will be invoiced separately. Additionally, at the end of the
contract, any funds remaining from unused calls for service will be refunded to the
city.
Funding for this contractual agreement is available in the Police Department's
Fiscal Year 2012-2013 operating budget.
7.2 Approve the renewal of a Software Support Agreement for the TriTech System,
in the amount of$162,672.56, for a 12-month period beginning October 1, 2012
and ending September 30, 2013, and authorize the appropriate officials to
execute same. (consent)
The TriTech System has been operational since October 2007; the final sign-off
and payment closing out the project was disbursed in March 2009.The Council
previously approved a twelve month TriTech Software Support Agreement, which
will expire September 30, 2012.The TriTech System provides an integrated
CADS, mobile, and AVL environment, and downloading of data to the report
management system (ACISS). Prior to the TriTech System, each of these
functions required separate software support and hardware agreements. Funding
for renewal of the 12-month Software Support Agreement, in the amount of
$162,672.56, is budgeted in Fiscal Year 2012/2013 Police Department operating
budget 0010-01162-530300-521-000-0000.
8. Engineering
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8.1 Approve Change Order 4 to Central Florida Contractors, Inc. of Seminole,
Florida for the 2011 Sidewalk Contract (11-0012-EN) in the amount of
$400,000.00, for a new contract total of$1,025,169.00; approve a time extension
of 180 days to allow for completion of the additional work and authorize the
appropriate officials to execute same. (consent)
Clearwater City Council awarded a $568,337.00 contract on November 3, 2011 to
Central Florida Contractors, Inc. for the 2011 Sidewalk Contract (11-0012-EN).
Previously approved change orders added $56,832 for additional sidewalk, added
59 days to the contract and adjusted quantities per actual field conditions.
The Contractor has agreed to honor the current contract unit pricing to provide
continuing sidewalk work at other locations in the city. Change Order 4 requests
approval of unit prices, only, for an additional amount not to exceed $400,000.00
and a 180-day time extension to continue work under the original contract. The
sidewalk unit prices received in November 2011 were 10-60% less than the
second lowest bidder.
New sidewalk is planned for the East Gateway area and downtown to improve
pedestrian connectivity.
Existing sidewalks and ramps will be replaced to satisfy ADA requirements as well
as sidewalk removal/replacement as part of the city's annual maintenance
program.
The revised completion date will extend from October 21, 2012 to April 18, 2013.
A third quarter budget amendment will transfer $39,051.46 of Development
Impact Fees from Capital Improvement Program (CIP) project 0315-92822,
Miscellaneous Engineering, to 0315-92339, New Sidewalks.
Sufficient funding is available in Capital Improvement Program projects consisting
of$70,850.00 in 0315-92339, New Sidewalks and $290,098.54 in 0315-92273,
Streets and Sidewalks, for total funding in the amount of$400,000.
8.2 Approve Legal Services Agreement between the City of Clearwater and Baker
and Hostetler LLP, to serve as legal counsel on Environmental matters for a
three-year period, in the amount of$150,000.00 and authorize the appropriate
officials to execute same. (consent)
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Environmental Engineering has engaged Baker and Hostetler LLP to serve as
legal counsel for addressing the environmental conditions at various city
properties. This is for the purpose of satisfying FDEP (Florida Department of
Environmental Protection) regulations to ultimately achieve regulatory closure or
compliance of affected city properties.
Sufficient funding is available in Capital Improvement Program project 0315-
94803, Environmental Assessment and Cleanup.
8.3 Approve the vacation of the 17-foot alley lying south of Lot 7 and the west 41.34
feet of Lot 6, Block B; approve the vacation of the 28-foot alley lying West of Lots
21, 22, and 23 of Block B, these properties described in the plat titled John R.
Davey, Et. Al. Resubdivisiom and pass Ordinance 8363-12 on first reading
(VAC2012-02 Capitol Theatre).
The plan to renovate the Capitol Theatre includes expanding the Theatre's
footprint southward into the existing 17-foot wide alley. Accordingly, staff
recommends the vacation of the westernmost 89.34 ft. of the affected right-of-
way. The project includes the realignment of the right-of-way utilizing Pinellas
County-owned property immediately south of the vacated alley. This right-of-way
realignment will provide for continued traffic flow and the relocation of utilities as
necessary. The design of the road will require modification of two parking lots
owned by Pinellas County. The parking lot modification will provide for a no net
loss of County parking spaces. The proposed parking lot design includes a
second vacation of the northernmost 150 feet of the 28-foot wide alley currently
located between the two County parking lots.
There are several City-owned and private utilities that will be affected by the two
vacations. Where practicable and cost-effective, utilities will remain in their current
locations via easements as necessary. Others will be relocated to the realigned
road to be constructed. Ordinance 8363-12 is contingent upon the following
conditions:
1) The City will retain a utility easement over the 28-foot alley for continued use of
facilities owned by the City, Knology and Progress Energy.
2) Pinellas County will grant an easement to the City over the northern portion of
its property for use as a public right-of-way and as a utility corridor for public and
private utilities.
3) City and private utilities will be relocated as necessary at no cost to the
respective private utility providers. Under the Theatre renovation project, there is
Work Session 2021-09-18 14
an option to include a vault for the existing Progress Energy transmission line to
be incorporated into the building addition. If so, the City will grant an easement to
Progress Energy for this purpose. The alternative option is to relocate the line to
the realigned right-of-way.
4) Pinellas County shall convey all right, title and interest to the 17-foot alley to
the City.
Following the satisfaction of all conditions, construction for the above-mentioned
parking lot renovation will commence.
The City Attorney said an interlocal agreement, between the City and Pinellas County,
will come before Council to formalize that the City is paying for the reconstruction of the
county parking lot.
In response to questions, Environmental Manager Ed Chesney said the County will gain
a parking space with the proposed modifications. Engineering Director Mike Quillen
said the Capitol Theater's loading zone is close to Osceola Avenue.
The Council recessed from 10:46 a.m. to 10:55 a.m.
9. Planning
9.1 Request to remove the historic designation of the Capitol Theatre located at 405
Cleveland Street [consisting of the East of Lot 7, plus 30 ft. and 3 in. of Lot 6,
John R. Davey's Resub of Block B (per Plat Book H-1, Page 87, Public Records
of Hillsborough County, Florida, of which Pinellas County was formerly a part)1.
(HIS2012-00001)
This application involves property known as the Capitol Theatre located on the
south side of Cleveland Street, one property east of Osceola Avenue in
Downtown Clearwater. The Capitol Theatre opened in 1921 and was designed by
Lester Avery and owned by John S. Taylor, son of one the area's earliest
homesteaders. The building is an excellent example of the elaborate
Mediterranean Revival style and is unique to Cleveland Street. The City of
Clearwater entered into a partnership with Ruth Eckerd Hall, Inc. regarding the
purchase, rehabilitation, operation and maintenance of this property. It is one of
two properties designated locally as historic through provisions contained within
the Community Development Code.
On December 3, 2009, City Council approved Ordinance 8119-09, designating the
Capitol Theatre as historic, finding that the building qualified for the classification
Work Session 2021-09-18 15
of"excellent," based on the standards for designation outlined in the Community
Development Code Section 4-607.F.2 and 3:
The property is associated with events that made a significant contribution to the
board pattern of the City;
The property is associated with the lives of persons significant in history; and
The property possesses distinctive characteristics of a type, period or method of
construction.
Preliminary renderings for the restoration of the Clearwater Evening Sun Building
and Capitol Theater were submitted with the application for historic designation,
demonstrating Ruth Eckerd Hall, Inc.'s intent to renovate the exterior of the
building consistent with its defining historic elements/features, which would have
been consistent with the Secretary of the Interior's Standards for Rehabilitation,
the Downtown Clearwater Redevelopment Plan Design Guidelines, and
Community Development Code Section 3-1003 Certificates of appropriateness.
Since receiving the historic designation, Ruth Eckerd Hall, Inc. has modified their
plans for renovation of the Capitol Theater and adjacent Clearwater Evening Sun
Building, and has requested that the historic designation be removed. New plans
for the facade are designed to incorporate the Clearwater Evening Sun Building
seamlessly into the exterior design of the Capitol Theater, which would materially
alter this designated historic property. Instead of pursuing a certificate of
appropriateness from the Community Development Board to materially alter a
historic property as outlined in the Community Development Code, Ruth Eckerd
Hall, Inc. is requesting that the historic designation of this building be removed.
The Community Development Code states, "The removal of the historic
designation from a property or district shall follow the same procedures as were
used for its designation." The Code, however, does not include different criteria to
be considered when a request is received to remove a historic designation. T he
Clearwater Comprehensive Plan and Downtown Clearwater Redevelopment Plan
support historic preservation and economic development.
The Community Development Board will review the proposed amendment at their
meeting on September 18, 2012 and make a recommendation to the Council. The
Planning and Development Department will report the recommendation at the
September 20, 2012 City Council meeting.
If Council chooses to remove the historic designation of the Capitol Theatre, then
Council would need to pass Ordinance 8358-12 on first reading.
Work Session 2021-09-18 16
AND
9.2 Request to remove the historic designation of the Clearwater Evening Sun
Building located at 401 Cleveland Street (consisting of the West of Lot 7, John
R. Davey's Resub of Block B (per Plat Book H-1, Page 87, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part)l.
(HIS2012-00002)
This application involves property known as the Clearwater Evening Sun
Building located on the southeast corner of Cleveland Street and Osceola
Avenue. The building was constructed in 1914 by Willis B. Powell and housed
one of Clearwater's first newspapers. It is a two-story brick structure with
decorative brickwork and is an outstanding example of commercial Masonry
Vernacular. The City of Clearwater entered into a partnership with Ruth Eckerd
Hall, Inc. regarding the purchase, rehabilitation, operation and maintenance of
this property. It is one of two properties designated locally as historic through
provisions contained within the Community Development Code.
On December 3, 2009, City Council approved Ordinance 8118-09, designating
the Clearwater Evening Sun Building as historic, finding that the building
qualified for the classification of"excellent" based on the standards for
designation outlined in the Community Development Code Section 4-6075.2
and 3:
The property is associated with events that made a significant contribution to the
board pattern of the City;
The property is associated with the lives of persons significant in history; and
The property possesses distinctive characteristics of a type, period or method of
construction.
Preliminary renderings for the restoration of the Clearwater Evening Sun Building
and Capitol Theater were submitted with the application for historic designation,
demonstrating Ruth Eckerd Hall, Inc.'s intent to renovate the exterior of the
building consistent with its defining historic elements/features, which would have
been consistent with the Secretary of the Interior's Standards for Rehabilitation,
the Downtown Clearwater Redevelopment Plan Design Guidelines, and
Community Development Code Section 3-1003 Certificates of appropriateness.
Since receiving the historic designation, Ruth Eckerd Hall, Inc. has modified their
plans for renovation of the Clearwater Evening Sun Building and adjacent
Work Session 2021-09-18 17
Capitol Theater, and has requested that the historic designation be removed.
New plans for the facade are designed to incorporate the Clearwater Evening
Sun Building seamlessly into the exterior design of the Capitol Theater, which
would materially alter this designated historic property. Instead of pursuing a
certificate of appropriateness from the Community Development Board to
materially alter a historic property as outlined in the Community Development
Code, Ruth Eckerd Hall, Inc. is requesting that the historic designation of this
building be removed.
The Community Development Code states, "The removal of the historic
designation from a property or district shall follow the same procedures as were
used for its designation." The Code, however, does not include different criteria
to be considered when a request is received to remove a historic designation.
The Clearwater Comprehensive Plan and Downtown Clearwater Redevelopment
Plan support historic preservation and economic development.
The Community Development Board will review the proposed amendment at
their meeting on September 18, 2012 and make a recommendation to the
Council. The Planning and Development Department will report the
recommendation at the September 20, 2012 City Council meeting.
If Council chooses to remove the historic designation of the Clearwater Evening
Sun Building, then Council would need to pass Ordinance 8359-12 on first
reading.
In response to questions, Planning and Development Assistant Director Gina Clayton
said the building sustained some damage during Hurricane Donna and some of the
building's facade will need to be recreated. If Council does not approve the request,
Ruth Eckerd Hall will have to follow process outlined in the code that requires a 6-month
notice to the Community Development Board (CDB) before altering the historic
designated site and CDB approval for proposed alteration. Ms. Clayton said the
Downtown Plan supports the renovation of historic buildings consistent with the
Secretary of Interior Standards for Renovations, which does not support some of the
alterations REH is seeking. Staff supports the location of the Theater in downtown; staff
does not support the removing the designation. Planner Lauren Matzke said there is no
other local building with this designation. Ruth Eckerd Hall was provided with copies of
the staff reports as part of the Community Development Board hearing process.
A concern was expressed that REH was not made aware of staff's recommendation.
The City Attorney said the originally submitted plan was a plan that staff could work
with; REH has not submitted a new plan.
Work Session 2021-09-18 18
10. City Manager
10.1 Approve attached Capitol Theatre Operating Agreement between the City of
Clearwater and Ruth Eckerd Hall, Inc., authorize advance of$ 4,412,209 from
Central Insurance Fund reserves to Capital Proiect 315-93623 to complete
funding of the project as Delineated in the First Amended Memorandum of
Agreement between the Parties, and the provisions of this Operating Agreement,
and authorize the appropriate officials to execute the Agreement on behalf of the
City.
The City Attorney reviewed provisions found in the agreement. The following changes
from the original Memorandum of Understanding were made: the endowment fund has
evolved to an operating reserve fund; REH contributions to the operating reserve fund
have been altered: $1 million at Certificate of Occupancy, $500,000 for the next two
years, and $100,000 per year for the next ten years; REH has under taken responsibility
for the capital improvements and maintenance/repairs; allows REH to use the City Hall
parking for valet parking during events, when not used for city purposes. The operating
agreement is for thirty years; there is no automatic renewal. The City Attorney said
construction is the responsibility of REH; the City has committed $7,112, 209 for
construction, relocation of utilities, reconstruction of the alley, and county parking. The
City has the right to use the facility for five events without cost and other events for
janitorial and out of pockets costs. REH will be responsible for filing reports with the
City Manager regarding staffing, capital improvements, maintenance, etc.
The operating reserve will be held by the City; the interest accrued will be held for the
benefit of the account. At the five-year point, there will be an opportunity to revisit the
account and determine whether the balance is sufficient. REH can make quarterly
draws if needed based on documentation (i.e., shortfall for maintenance or capital
need); maximum allowed is 25% of the total balance. REH will have two years to pay
back.
The City will be paying for the insurance on the building and the Builders Risk
insurance. Cost for the risk insurance will come out of the construction costs.
In response to questions, the City Attorney said REH plans to demolish the Blue Dahlia
and rebuild a two-story building. Council is approving the conceptual design; staff will
look at code compliance. Budget Director Tina Wilson said the City originally
designated $3.5 million, $187,000 has already been used and Council agreed to borrow
$4 million from the central insurance fund and repay with Penny for Pinellas funds at a
later date. Planning and Development Assistant Director Gina Clayton said the number
of signs on the property would be subject to the comprehensive sign program review.
Staff was directed to provide the proposed cost breakdown.
Work Session 2021-09-18 19
11. Official Records and Legislative Services
11.1 Reappoint Councilmember Bill Jonson to the Pinellas Suncoast Transit Authority
for a three year term starting October 1, 2012 and expiring on September 30,
2015. (consent)
There was consensus to reappoint Councilmember Bill Jonson.
11.2 Appoint one member to the Environmental Advisory Board with term to expire
September 30, 2016.
There was consensus to appoint Lynn Sumerson.
11.3 Amend the Clearwater Code of Ordinances, Division 7 - Section 2.194, updating
the meeting frequency of the Library Advisory Board to quarterly and pass
Ordinance 8360-12 on first reading.
The Library Advisory Board (Board) has been meeting quarterly since January
2008 due to staffing reductions. Ordinance 8360-12 amends the Code of
Ordinances, Section 2.194, to reflect the current meeting frequency.
Prior to 2008, the Board met monthly from September through May.
11.4 Approve the Mayor's appointment of John Doran to the Clearwater Housing
Authority Board with term to expire September 30, 2016. (consent)
There was consensus to appoint John Doran.
12. Legal
12.1 Adopt Ordinance 8332-12 on second reading, vacating that certain portion of
land lying east of and adjacent to Block 2, Map or Plat entitled Bay View City
Subdivision as recorded in Plat Book 9, Page 43 of the Public Records of
Pinellas County, Florida, and vacating that certain 15-foot drainage and utility
easement being 71/2 fee each side of the original centerline of vacated Kentucky
Avenue lying south of Lots 6 and 7, Block 2, and north of Lots 4 and 5, Block 3,
Bay View City Subdivision, according to the map or plat thereof as recorded in
Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, and
amending Ordinance No. 8169-10, which vacated a portion of land lying east of
Lot 5, Block 2, Bay View City Subdivision inaccurately.
12.2 Adopt Ordinance 8355-12 on second reading, declaring the Millage Rate to be
levied for the Fiscal Year beginning October 1, 2012 and ending September 30,
Work Session 2021-09-18 20
2013, for operating purposes including the funding of pensions, debt service, and
road maintenance for capital improvement expenditures at 5.155 mills, which
constitutes a 1.60% decrease from the rolled back rate of 5.2387 mills.
12.3 Adopt Ordinance 8356-12 on second reading, adopting an Operating Budget for
the Fiscal Year beginning October 1, 2012, and ending September 30, 2013,
authorizing the City Manager to issue such instructions that are necessary to
achieve and accomplish the service programs so authorized; authorizing the City
Manager to transfer monies and programs among the departments and activities
within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances.
12.4 Adopt Ordinance 8357-12 on second reading, adopting the Capital Improvement
Program Budget for the Fiscal Year beginning October 1, 2012 and ending
September 30, 2013, approving the Six-Year Capital Improvement Program
which shall be reevaluated at the beginning of each fiscal year; authorizing the
City Manager to issue such instructions that are necessary to achieve and
accomplish the capital improvements so authorized; authorizing the City
Manager to transfer money between projects in the Capital Improvement
Program; appropriating the available and anticipated resources for the projects
identified.
13. City Manager Verbal Reports — None.
14. Closing Comments by Mayor
15. Adjourn
The meeting was adjourned at 11:59 a.m.
Work Session 2021-09-18 21