10/01/2012 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
October 1, 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 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.
Mayor George N. Cretekos called the meeting to order at 1:00 p.m. at City Hall.
A moment of silenced was observed for the passing city employee Roberto Vergara.
1. Presentations — Given.
1.1 NACWA Gold & Silver Peak Performance Awards - Chief Operators, Loren Pratt,
Jeff Borden, and Jack Sadowski
2. Economic Development and Housing
2.1 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)
The Florida Legislature enacted the Williams E. Sadowski Affordable Housing Act
in 1992. This act created a dedicated revenue source for the state and local
housing trust funds. This dedicated revenue source funds state and local housing
programs and assists local governments in meeting the housing needs of its
population. The Sadowski Act created the State Housing Initiatives Partnership
(SHIP) Program. Given the state's budget shortfalls, funding for the SHIP
Program has been drastically reduced over the years.
Council 10/1/2012 1
The City received $97,329 for Fiscal Year 2009-2010, zero dollars for Fiscal Year
2010-2011 and $96,983 for Fiscal Year 2011-2012. We mainly used these SHIP
funds and SHIP program income to match federal programs to be able to continue
the city's housing programs.
All local governments receiving SHIP funds must submit to Florida Housing
Finance Corporation their annual reports by September 15 of every year. Recent
changes to the Program now require the Mayor's signature on the certifications.
The annual reports provide details of expended funds, encumbered funds and a
proposal of any unused funds for the next fiscal year. The reports also provide
information on the strategies funded, the number of households served, income
category, age, family size, race and data regarding any special needs populations
such as homeless persons, persons with disabilities and the elderly. The report is
submitted electronically to the State.
Through the SHIP Program, Economic Development and Housing has provided
funding for the following housing activities: down payment and closing costs
assistance, the rehabilitation of owner occupied single-family dwellings, and the
acquisition and rehabilitation of one multi-family dwelling. During the program
years covered by these reports, the City has assisted 27 households and has
funds encumbered to assist at least another 5 households, and is projecting
assistance for 30 households next year.
3. Fire Department
3.1 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
The Department desires purchasing a heavy-duty front line pumper (engine) to
replace Engine 50, purchased in 1999, and will move the current Engine 50 to the
reserve fleet to maintain required reserve units.
The full price for one fire engine is $499,760.00. The manufacturer has offered a
discount of$15,000 if paid for in full at time of order. The department desires to
take advantage of this discount. A performance bond has been provided.
The current CIP project 91218, Fire Engine Replacement, has $508,350 of cash
funding available.
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The City will be reimbursed by the County for a portion of the purchase,
approximately 12%, as the vehicle will support fire operations in the
unincorporated areas of the Clearwater Fire District.
The Department has determined the Pierce Heavy Duty Velocity Pumper built by
Pierce Manufacturing meets the operational needs of the Department.
Estimated annual operating costs in the department's annual operating budget
include fuel and routine garage charges for operating the new vehicle. Garage
charges on the new vehicle are expected to be less than on the replaced vehicle.
This purchase is a piggyback of Lake County Contract 08-0803.
The Pierce fire engine is the City of Clearwater Fire and Rescue Department
standard for the purpose of training and maintenance. Custom components have
been added to meet the needs of the fire district and surrounding municipalities.
Warranty: Limited 1 year warranty for 12 months free of defects in material and
workmanship; 3 year warranty on the Impel/Velocity custom chassis; lifetime on
chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on
command zone components, Chassis, Vel/Impel/Qtm/AXT; lifetime on UPF and
water tank; 5 years on waterous (pump); 10 year on S/S plumbing and standard
paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile
warranty on engine provided by Cummins.
Maintenance: Ten-8 Fire Equipment, Inc., a full service apparatus repair facility,
will perform all of the warranty work. Our City's General Services Division will
perform routine maintenance and testing. Annual pump testing will be performed
by our Logistics Bureau in accordance with NFPA standards. Any additional
repairs can be contracted through Ten-8 at an additional cost per their service fee
schedule.
A heavy-duty velocity pumper provides exceptional pumping water capability,
enhanced storage capability, lower vehicle profile and will significantly up-grade
the abilities of the engine it replaces.
The proposal for fire apparatus conforms to all Federal Department of
Transportation (DOT) rules and regulations in effect at the time of bid, and with all
National Fire Protection Association (NFPA) Guidelines for Automotive Fire
Apparatus as published at the time of bid, except as modified by customer
specifications. Pierce Manufacturing operates a Quality Management System
under the requirements of ISO 9001. The apparatus will meet the current NFPA
1901 recommendations and will maintain design and operational features
consistent with the department's needs.
Council 10/1/2012 3
In response to questions, Clearwater Fire Marshall Steven Strong said Engine 50 is a
13-year vehicle and has 98,086 miles. The Department does not track the estimated
idle time. Additional warranty was not purchased. Since switching to the new velocity
engine, the Department has not experienced any major repairs. Solid Waste and
General Services Assistant Director Rick Carnley said past maintenance experience
was due to vehicles being under-specced; specifications have been modified to reduce
maintenance costs and extend unit life.
The City Manager said in 2001, the Fire Task Force acknowledged that back in the
1990s the City had not replaced the Fire Department fleet and used Penny for Pinellas
funds to replace a bulk of the fleet. A vehicle replacement schedule was instituted to
avoid future bulk purchases.
3.2 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
The Department desires purchasing a heavy-duty front line squad to replace
Squad 51, purchased in 2005, and will move the current Squad 51 to the reserve
fleet to replace an apparatus purchased in 1997. Squad 51 is a heavy rescue
apparatus and responds to every working fire, every technical rescue, and each
extrication call, including every second alarm motor vehicle accident.
The full price for the squad is $803,210.00. The manufacturer has offered a
discount of$28,000 if paid for in full at time of order. The department desires to
take advantage of this discount. A performance bond has been provided.
The current CIP project 91266, Rescue Squad Replacement, has $850,000 of
cash funding available.
The City will be reimbursed by the County for a portion of the purchase,
approximately 12%, as the vehicle will support fire operations in the
unincorporated areas of the Clearwater Fire District.
The Department has determined the Pierce Heavy Duty Velocity Squad built by
Pierce Manufacturing meets the operational needs of the Department.
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Estimated annual operating costs in the department's annual operating budget
include fuel and routine garage charges for operating the new vehicle. Garage
charges on the new vehicle are expected to be less than on the replaced vehicle.
This purchase is a piggyback of Lake County Contract 08-0803.
The Pierce squad is the City of Clearwater Fire and Rescue Department standard
for the purpose of training and maintenance. Custom components have been
added to meet the needs of the fire district and surrounding municipalities.
Warranty: Limited 1 year warranty for 12 months free of defects in material and
workmanship; 3 year warranty on the Impel/Velocity custom chassis; lifetime on
chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on
command zone components, Chassis, Vel/Impel/Qtm/AXT; 10 year on paint; 10
yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile warranty on
engine provided by Cummins. Maintenance: Ten-8 Fire Equipment, Inc., a full
service apparatus repair facility, will perform all of the warranty work. Our City's
General Services Division will perform routine maintenance and testing. Annual
pump testing will be performed by our Logistics Bureau in accordance with NFPA
standards. Any additional repairs can be contracted through Ten-8 at an
additional cost per their service fee schedule.
A heavy-duty velocity rescue squad provides exceptional storage capabilities and
increased operational functionality. This purchase will significantly up-grade the
abilities of the apparatus it replaces.
The proposal for fire apparatus conforms to all Federal Department of
Transportation (DOT) rules and regulations in effect at the time of bid, and with all
National Fire Protection Association (NFPA) Guidelines for Automotive Fire
Apparatus as published at the time of bid, except as modified by customer
specifications. Pierce Manufacturing operates a Quality Management System
under the requirements of ISO 9001. The apparatus will meet the current NFPA
1901 recommendations and will maintain design and operational features
consistent with the department's needs.
In response to questions, Clearwater Fire Marshall Steven Strong said the squad has
62,303 miles and is being moved to the reserve fleet. The mileage on the reserve
squad that is currently in service is 122,900 miles. The current reserve squad has a
high maintenance experience, with costly repairs.
3.3 Award the Construction Manager (CM) at Risk contract to Biltmore Construction,
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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
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 cost per square
foot will be $298. Staff looked at other comparable projects in the state; projects ranged
from $268 to $304 per square foot. The station in Orlando, FL was most comparable to
the proposed Fire Station 45 and had a $350 per square foot price.
Council 10/1/2012 6
Concerns were expressed regarding the increased cost estimate. Fire Chief Weiss said
the original $8 million estimate from 2009 was based on the Pierce Street location.
Engineering Construction Manager Tara Kivett said the estimate was based on
schematic designs. Fire Chief Weiss said staff has value engineered the proposed
project in an effort to reduce costs without impacting functionality. The existing fire
station was built in 1974 and is in need of renovations and upgrades; if the proposed
project is not pursued, staff will need to plan to invest money into the current station.
In response to questions, Fire Chief Weiss said staff estimated the LEED certification to
be 2% of the budget. Pinellas County will pay the City 12% of the project cost upon
completion. Biltmore Construction representative Jeff Parker said there are additional
costs associated with the LEED certified materials. The proposed cost is the
guaranteed maximum price; any savings would be returned to the City. The proposed
cost also includes fixtures, residential appliances, mattresses and modular furniture.
Staff was directed to provide information regarding the square footage for the 2009
proposal and the operational cost savings for the LEED certification.
4. Information Technology
4.1 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)
This is an annual contract for Peoplesoft (payroll system) at $112,000, Oracle
(database licensing) at $25,590, Oracle OWAM maintenance (asset management
system) at $72,400, and Oracle Mobile Device at $7,020.This Purchase Order
represents a $5,170 (2.4%) increase from a year ago.
4.2 Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg,
Florida for telephone service including frame relay service, T1's, credit/collect
calls, backup trunks, VADI circuit, and DSL high bandwidth services during the
period of October 1, 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)
The total Verizon Purchase Order is $234,840, broken down as follows: Frame
relay, Point to Point, T1's, and radio circuits for the network, $188,840; backup
Council 10/1/2012 7
trunks for the PBX network in case the T1's fail, $11,000; DSL/High bandwidth
service for Parks and Recreation, Fire, Engineering, and VADI circuits,
$35,000.This Purchase Order represents a reduction of$40,260 (17%) from last
year.
5. Library
5.1 Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA -
$265,000; Ingram Library Services, Atlanta, GA - MUM 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)
Blanket Purchase Orders for Baker and Taylor, Ingram, and Midwest Tape are for
the acquisition of books and audiovisual materials. The purchase orders will be
used for numerous small dollar purchases. Each order will be shopped for best
price and availability.
5.2 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. (consent)
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.
In response to questions, Library Director Barbara Pickell said staff will come back to
Council with project scope after initial discussions. SPC Clearwater Campus Provost
Dr. Stan Vittetoe said Saint Petersburg College will build the Library at the Clearwater
campus.
6. Marine and Aviation
6.1 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
Council 10/1/2012 8
vessel and authorize the appropriate officials to execute same. (consent)
This is the second year the DEP, under the Florida's Clean Vessel Act Grant
Program, has agreed to reimburse costs directly associated with the proper
collection and disposal of sewage from recreational boaters vessels. Grant
funding has been approved in the maximum amount of$33,188.00 (75% of
project costs) through August 31, 2013. The City match of$11,062.67 (25%
equipment purchase, operation, maintenance and repair) will be accounted for in
hourly wages and parts cost.
The City is required to conduct operation of the pump out vessel under a Pump
out Station Operational Plan that specifies hours of operation, maintenance
principles, methods in determining volume of material pumped including the use
of flow meters as may be necessary, information/educational materials on pump
out operation and assurances that the pump out vessel will be used solely for the
collection of recreational boat sewage. A pump out log is required each calendar
quarter.
7. Police
7.1 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
Under the terms of the one-year agreement between the School Board of Pinellas
County and the City of Clearwater, the City will provide law enforcement and
related services to Clearwater High School, Countryside High School and Oak
Grove Middle School during the regular school year. The assigned officers (1
per school) will provide instruction in law education, will serve as resource
persons, conduct investigations, provide security and maintain the peace, make
arrests and provide support services as necessary.
The annual cost of salaries and benefits of 3 officers over the one-year period will
be $300,327. Total annual reimbursement from the School Board will remain at
$49,011.50 for each officer, for a total reimbursement of$147,034.50, reflecting
no increase in reimbursement to the City for SRO services during the 2012/2013
contract period. The difference of$153,292 will be funded from Special Law
Enforcement Trust Fund (SLEF) proceeds. At first quarter, special project 181-
99264, School Resource Officers, will be amended to reflect the 2012/2013
funding.
Council 10/1/2012 9
The cost incurred by the Police Department is offset by the benefit of the program
to the community and the Police Department. All procedural components of the
contract remain the same as those outlined in the 2012/2013 contract. The Police
Department has maintained a good working relationship with the School Board.
School Resource Officers have been assigned to Clearwater High School since
January 1, 1985 and Countryside High School since January 1, 1986 and Oak
Grove Middle School since August 27, 2007.
In response to questions, Clearwater Police Major Dan Slaughter said the trust fund is
funded by drug seizure money. The School Board's reimbursement amount has
remained the same for the last four years. If the school resource officers are not
provided, the City would be dispatching officers to the school.
8. Engineering
8.1 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.
8.2 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)
The concrete slab at Fire Station 48 has been damaged due to the lateral load
created by service vehicles.
Council 10/1/2012 10
King Engineering was hired to evaluate the slab and recommend the appropriate
repairs to ensure a substantial life cycle of the structure.
Furthermore, drainage improvements will be made onsite to ensure proper
conveyance of surface water.
Biltmore Construction, of Belleair, Florida, was selected as the Construction
Manager at Risk in accordance with the City's Continuing Contract agreement.
First quarter budget amendments will establish CIP project 0315-91267, Fire
Training Facility Concrete Pad Repair with transfers in amounts of$60,836.31
from 0315-91221, EMS Capital Equipment (closing the project), and $29,163.69
from 0315-91256, Security Access Systems for total funding in the amount of
$90,000.00 to fund the Concrete Pad Repairs and unforeseen field conditions;
and return remaining balance of$23,569.20 in CIP 315-91256 to the General
Fund to close the project.
In response to questions, Engineering Assistant Director Scott Rice said the slab
drainage feature will be corrected. The concrete slab was built in 1977 and not
designed for vehicles. The new slab will be 25 ft. by 40 ft. and 7 in. thick and reinforced
with rebar and 5,500 psi concrete.
8.3 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
This Agenda Item provides for additional engineering and design services for the
construction of the Reverse Osmosis Plant No. 1 Expansion Project. The original
design Work Order was approved on September 22, 2010 and involved design
services to expand the existing Reverse Osmosis Plant at Reservoir 1 from 3
million gallons a day to 4.5 million gallons a day in accordance with the City's
Water Supply Master Plan.
The Supplemental Work Order engineering services include: additional meetings
required to coordinate with RO Plant 2 design related to the
backwash/concentrate lines and to coordinate with design concept changes by
the City's Parks and Recreation department related to the proposed ballfield
improvements; additional design services related to adding an additional
backwash line from RO Plant 1 to RO Plant 2; evaluating additional membrane
alternatives; additional site plan iterations for storm grading and drainage related
Council 10/1/2012 11
to design changes related to the ballfield designs; additional evaluation and
design of an adsorption system; additional evaluation and design of backwash
decanting and solids disposal system; and the performance of two additional pilot
tests. All of these supplemental services are being performed in anticipation of
significant construction and operating savings.
The overall design is anticipated to be complete by October 2012, with the
construction phase scheduled for completion by December 31, 2013.
CDM Smith is one of the City's Engineers-of-Record, and this work order was
negotiated in accordance with the Consultants Competitive Negotiations Act.
Sufficient funding is available in Capital Improvement Program project 0315-
96764, RO 1 Plant Expansion in the amount of$378,398.59.
9. City Manager
9.1 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.
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.
Council 10/1/2012 12
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.
10. Official Records and Legislative Services
10.1 Recommend Mayor George N. Cretekos as Clearwater's representative on the
Tourist Development Council for a 4-year term beginning November 1, 2012.
consent
Mayor George N. Cretekos is the current representative; term expiring October
317 2012. Pinellas County confirms the appointment.
There was consensus to recommend Mayor Cretekos to the Tourist Development
Council.
10.2 Amend Council Rules 1, 6 and 8 and adopt Resolution 12-17.
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 a.mr1:00 p.m. on the first working
day of the Council meeting week.
Page 3: Rule 6 — Order of Business, (2):
Council 10/1/2012 13
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.
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.
10.3 Amend Council Policies 2.C, 4.M, 11.R , 163 , 18.D, and 23.A. (consent)
Council 10/1/2012 14
At the August 13, 2012 work session, Council directed staff to implement the
following changes:
2.0 - Budget Review Process:
It is a policy of the City Council to be provided with a quarterly budget report and
an annual operating budget comparing actual versus budgeted revenue and
expense activity.
4.M - Special Event Fees:
There was consensus to strike World Triathlon Corp.
16.T.1 — Clearwater Gas System Supply Hedging Policy:
In above policy, these terms are defined as: ...
18.13.3 — Citizen Inquiries:
Inquiries addressed to the whole Council, whether in one letter or duplicate
letters to all Councilmembers, will be answered factually by the Mayor with an
intred liter-, phrase of"On behalf^fusing the phrase "representing the
Clearwater City Council." When needed, responses will be brought to Council for
direction, prior to be sent. Mail will be routed to the appropriate staff to draft a
response. Individual Councilmembers are not precluded from responding
individually to express their opinion.
23.A—Application Fee Waivers:
St. Petersburg Jr-. College
Staff is requesting to amend the Debt Management Policy (11.R) by adding the
following language:
4. Post-Issuance Compliance
A. In order to comply with federal tax laws and maintain the tax-exempt status
of certain municipal debt issues. Post-Issuance Compliance monitoring is
required at regular intervals as follows:
1) Identification of debt-financed facilities and ongoing tax requirements - at
time of issue, including a review of tax certificate executed at closing
Council 10/1/2012 15
2) Qualified use of bond proceeds — ongoing
3) Qualified use of facilities financed with debt proceeds - ongoing by
monitoring discussions at staff meetings
4) Arbitrage yield restriction and rebate — annually as soon as bank statements
containing the last day of the bond year are available
5) Maintenance of bona fide debt service fund — recalculate sinking fund
deposit requirements semi-annually after each interest payment date
6) Continuing Disclosure documents other than Significant Events and Notices
to Bondholders — annually by due dates through EMMA Dataport
7) Significant Events — upon occurrence through EMMA Dataport
8) Notices to Bondholders — upon occurrence of an event requiring notice
B. Procedures for Ensuring Timely Compliance
1) The Finance Director (or designee) will review project invoices presented for
Payment from bond proceeds and authorize payment if use of proceeds is
proper.
2) The Finance Director (or designee) will participate in staff meetings where
discussions are held regarding use of debt-financed facilities.
3) The Finance Director (or designee) will calendar all bond year-ends and
coordinate transmission of bank statements and other arbitrage-related
documents with the outside arbitrage consultant within one month of the bond
year-end.
4) The Finance Director (or designee) will re-calculate monthly sinking fund
deposit requirements semi-annually after each interest payment, and annually
after each principal payment.
5) The Finance Director (or designee) will consult with the City's Disclosure
Counsel, as needed, regarding disclosure of Significant Events.
C. Procedures Reasonably Expected to Timely Identify Noncompliance
1) The Finance Director (or designee) will review the Continuing Disclosure
Checklist for upcoming due dates at the beginning of each calendar quarter.
2) The Finance Director (or designee) will send required continuing disclosure
documents to the City's Disclosure Counsel for review and approval before filing
through the EMMA Dataport.
3) Continuing disclosure due dates will be calendared by the Finance Director
and by the designee, as a backup reminder.
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4) The annual financial statement audit will include review by external auditors
of use of debt proceeds, debt service accounts and payments, and review of
minutes of official meetings.
D. Procedures for Ensuring Timely Correction of Noncompliance
1) When noncompliance has been identified, the Finance Director will promptly
provide required documents or consult with Disclosure Counsel, Bond Counsel or
other outside specialists as needed. If a possible violation of the tax rules is
identified, the Finance Director will consult with counsel to determine if a
"remedial action" should be taken under the Treasury Regulations or if a closing
agreement request should be submitted to the Internal Revenue Service under
the Voluntary Closing Agreement Program. The City Manager and Council will be
notified to take additional steps, if necessary, to timely correct the
noncompliance.
2) Upon receipt of any correspondence from, or opening of an examination of
any type with respect to tax-exempt debt issued for the benefit of the City, the
Finance Director will promptly notify the City Manager and consult with outside
counsel as necessary to respond to the IRS.
E. Recordkeeping Requirement and Records Retention
All relevant records and contracts shall be maintained in retrievable paper or
electronic format for the term of the debt plus a minimum of three years. The
term of the debt shall include the term of all debt which refunds the original new
money issue, including debt issued to refund debt in a series of
refundings. Records required to be maintained include:
1) Basic records relating to the debt transaction, including the debt transcript of
proceedings and other relevant documents delivered to the City in connection
with the issuance and closing of the debt transaction.
2) Documents evidencing expenditure of debt proceeds, including but not
limited to:
a) Construction contracts
b) Purchase orders
c) Invoices and applications for payment
d) Trustee requisitions and payment records
e) Documents related to costs reimbursed with debt proceeds, including related
issuer resolutions
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f) Records identifying the assets or portion of assets financed or refinanced
with the debt proceeds
g) A final schedule of property financed by the debt and final allocation of debt
proceeds.
3) Documentation evidencing the use of debt-financed property, including
records of lease or sale of debt-financed property for public or private purposes,
and any change in use of debt-financed property from its original intended
purpose.
4) Documentation evidencing all sources of payment or security for the debt.
5) Documentation pertaining to investment of debt proceeds, including but not
limited to:
a) Purchase and sale of securities
b) SLGs subscriptions
c) Yield calculations for each class of investments
d) Actual income received from the investment of proceeds
e) Investment agreements
f) Trustee statement
g) Arbitrage rebate calculations and reports.
Discussion ensued regarding responses to citizen inquiries. It was suggested that
18.D.3 be amended to read"...will be answered factually by the Mayor using language
which indicates that he is representing the Clearwater City Council.
11. Legal
11.1 Adopt Ordinance 8358-12 on second reading, removing the Designation as an
Historic Property for the property located at 405 Cleveland Street,
Capitol/Royalty Theatre, under Community Development Code Section 4-607.
11.2 Adopt Ordinance 8359-12 on second reading, removing the Designation as an
Historic Property for the property located at 401 Cleveland Street, Clearwater
Evening Sun/Lokey Building, under Community Development Code Section 4-
607.
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11.3 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.
11.4 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.
11.5 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.
11.6 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 lying west of Lots 21, 22, and 23
of Block B, both properties being described in the Plat titled J.R. Davey, et. AI.
Resubdivision located in Plat Book 1, Page 87 of the Public Records of
Hillsborough County, of which Pinellas County was formerly a part.
12. City Manager Verbal Reports — None.
13. Council Discussion Items
13.1 Amendment 4
Mayor George N. Cretekos said the Florida League of Cities has asked municipalities to
adopt a resolution objecting to the passage of Amendment 4.
Discussion ensued with comments made that the City's two referendum questions are a
priority given the length of the ballot.
There was consensus to take no action.
14. Closing Comments by Mayor— None.
15. Adjourn
Council 10/1/2012 19
The meeting was adjourned at 3:03 p.m.
Council 10/1/2012 20