01/14/2013 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
January ,
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, 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.
1. Presentations — Given.
1.1 Service Awards
Three service awards were presented to city employees.
The January 2013 Employee of the Month Award was presented to Paul Cooper,
Customer Service.
The Council recessed from 1:04 p.m. to 1:06 p.m. to meet as the Pension Trustees.
2. Financial Services
2.1 Declare list of vehicles 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
All vehicles and equipment have been replaced as necessary, or are no longer
required.
Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer
of Record. Tampa Machinery Auction holds a live auction monthly and accepts
internet bids at the time of the live auction.
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3. Gas System
3.1 Approve the second renewal of a Purchase Order, in the amount of$939,050,
with Florida Gas and Electric Corporation for the Installation of Gas Mains and
Service Lines for the period February 1, 2013 to January 31, 2014; approve the
Assignment and Assumption Agreement to Florida Gas Contractors for Purchase
Order 507859 and 508013 and authorize the appropriate officials to execute
same. (consent)
Florida Gas and Electric is Clearwater Gas System's (CGS) primary contractor,
who installs Gas Mains and Service Lines to meet residential, commercial and
industrial customer requirements in support of gas sales and operations. Florida
Gas and Electric has performed satisfactory work since the contract was awarded
on February 1, 2011. This is the final renewal authorized in the original bid.
Florida Gas and Electric has agreed in writing to hold current pricing on the
estimated quantities for the Installation of Gas Mains and Service Lines in Bid 05-
11 in the contract amount of$939,050 for the period February 1, 2013, to January
31, 2014, and has provided a Performance Bond and Proof of Insurance. In
addition, Florida Gas and Electric has changed its name to Florida Gas
Contractors, Inc., effective January 1, 2013. The company continues to operate
under the same ownership and staff. Therefore, no operational changes have
been made as a result of the name change. As a result, Florida Gas and Electric
has executed an Assignment and Assumption Agreement, which assigns all
rights, title and interests from the existing contract Installation of Gas Mains,
Service Lines and House Piping at Various Locations, dated February 1, 2011, to
Florida Gas Contractors, Inc. In addition, this Agreement will also assign the
contract Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and
Piping Connections to Customer House Piping and Reestablishment of Gas
Service at Various Locations, dated April 1, 2012, to Florida Gas Contractors as
well.
Funds are available in Code 315-96378 ($187,810) Pasco New Mains and
Service Lines, Code 315-96377 ($751,240) Pinellas New Mains and Service
Lines, in the Clearwater Gas System budget to support these requirements.
3.2 Approve an increase of$1,298,132 in the Clearwater Gas System Fiscal Year
2012/2013 Dividend to the City General Fund and allocate $250,000 of this back
to the Clearwater Gas System to speed the payoff of the Clearwater Natural Gas
Vehicle Fueling Station. (consent)
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Clearwater Gas System (CGS) budgeted to pay a Fiscal Year 2012/2013 dividend
of$1,700,000 to the City General Fund. Based on City Council policy, the Gas
System each year returns; of its annual Net Income less debt service interest as a
dividend to the City in the following year. CGS's financial performance for Fiscal
Year 2011/2012 exceeded our budget forecasts; therefore, CGS will pay an
increase in the Fiscal Year 2012/2013 dividend of$1,298,132, based on financial
performance, which will bring the total Fiscal Year 2012/2013 dividend to
$279987132.
Clearwater Gas has invested approximately $2.3 Million in the construction of the
new Clearwater Natural Gas Vehicle (NGV) Filling Station and is planning to
invest an estimated addition $250,000 this year to increase the storage to speed
the filling capacity for the City's Solid Waste trucks and other large vehicles. Staff
is recommending that the City Council allocate $250,000 of the added CGS
dividend payment back to CGS to accelerate the recovery of the NGV Filling
Station capital costs, which will ultimately reduce the cost of this NGV fuel for the
City Fleet and customers. It should be noted that Council last year re-directed
$200,000 of the CGS excess dividend payments back to the CGS to accomplish
this, and staff is expecting a $450,000 reimbursement from the State Energy
Office very soon.
Therefore, after this recommended allocation of$250,000 to the NGV capital fund,
there would still remain a net of$1,048,132 in increased funding to the City's
General Fund reserve in Fiscal Year 2012/2013 for other city projects.
A first quarter budget amendment will reflect the transfer of this $1,298,132 from
the Clearwater Gas System to the General Fund to reflect the increased dividend
payment from the Clearwater Gas System to the City's General Fund. In addition,
if approved, first quarter budget amendments will reflect the transfer of$250,000
of General Fund revenues from the General Fund Non-Departmental program to
capital project 315-96387, Natural Gas Vehicles.
Clearwater Gas System Managing Director Chuck Warrington provided a PowerPoint
presentation.
In response to questions, Mr. Warrington said rate studies are conducted every three to
five years; the next rate study will take place in 2014. The cost of natural gas during the
last rate study was $1.50 MMBtu; currently it is $0.70 MMBtu. Mr. Warrington said the
cost of natural gas is passed along to the customer.
4. Marine and Aviation
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4.1 Authorize the initiation of an eviction action in Pinellas County Court against the
holdover tenants, who are heirs of the deceased leasees George H. and Dara L.
Greene, whom operated the business known as Marina Gifts and Souvenirs at
the Marina Building. (consent)
George and Dara Greene had a three-year lease to operate the gift shop at the
beach marina ending September 30, 2014. Mr. Greene's death preceded Mrs.
Greene's, and she passed away on July 11, 2012. Her daughter, Bobbie Zaytoun,
was designated representative of the Greene estate.
Every agreement for this leasehold with the Greenes was entered into as "George
H. Greene and Dara L. Greene, d/b/a Marina Gifts and Souvenirs, a Florida
Corporation." Marina Gifts and Souvenirs is a fictitious name, not a corporation.
The City considers this lease terminated on the passing date of Mrs. Greene.
Ms. Zaytoun requested additional time to wind down the Marina Gifts and
Souvenirs inventory, so a Conditional Assignment of Lease of the Greene lease
was sent to her along with an Amendment of Lease, which would have provided
Ms. Zaytoun, as the representative of the Greene estate, until December 31, 2012
to liquidate the Marina Gifts and Souvenirs assets. Ms. Zaytoun, however, never
returned any of the documents.
The Greene estate is considered a holdover tenant, and the City's Legal
Department met, on December 6, 2012, with an attorney representing Ms.
Zaytoun to discuss legal positions regarding the Greene Lease and options to
allow the City to take back the leasehold and the estate to liquidate assets. The
City has not heard back from either the attorney or the Greene estate. At this time,
staff seeks council consent to proceed with eviction action in court and
authorization for the litigation.
In response to questions, Marine and Aviation Director Bill Morris said the gift shop is
operating. The current tenant is paying a $25 per square foot. During the next six
months, access to the space will be needed for remodeling. The City Attorney said the
Marina wishes to extend the lease or eliminate the tenant. The former leaseholders
have passed away.
5. Parks and Recreation
5.1 Approve a recommendation by the Public Art and Design Board for the
commission of a public art sculpture, Middens, to be installed at the Clearwater
Harbor Marina, located at 215 Drew Street, as designed by artist Cliff Garten of
Cliff Garten Studio, for a total cost of$215,000 (including 7.5% contingency) and
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transfer $86,561 of this amount from the Public Art Fund (CIP 0325-93608) to
the project fund (CIP 0325-93405). (consent)
The Clearwater Harbor Marina was determined to be a high priority item in the
Public Art and Design Master Plan (2007) due to its high degree of visibility and
public prominence. A community input session was held at the Clearwater Main
Library on January 7, 2010. Over 35 attendees were present at this session,
including citizens, members of Clearwater arts organizations, and City staff. At the
completion of the meeting, the group determined that public artwork for the site
should be within the scope of three themes: the current use of the site; the
environmental preservation efforts of the project; and the general safety of boaters
provided by the United States Coast Guard. These themes were combined to
form a concept known as the Safe Harbor theme. A nationwide Call to Artists
was issued on the Call for Entry website, which generated a total of 246 artist
applications.
These applicants were reviewed by the following qualified Selection Panel:
Josh Bornstein, Public Art and Design Board representative; Steven Dickey,
member of the Tampa Public Art Program Board; Felicia Leonard, Parks and
Recreation rep. and Cultural Affairs supervisor; Bob Clifford, President and CEO
of the Clearwater Regional Chamber of Commerce; William Morris, Clearwater
Marine and Aviation Director and United States Coast Guard rep.; Shelley
Kuroghlian, Clearwater Neighborhoods Coalition president and community rep.
Four semi-finalists selected by the Panel were invited to create a site-specific
proposal for public artwork and presented these proposals in person to the
Selection Panel. The proposal of artist Cliff Garten of Venice, CA, was selected as
best meeting the three-tiered Safe Harbor theme concept. The City's Public Art
and Design Board has reviewed Cliff Garten's proposal. Citing the research and
presentation of his proposal, training in the field of the arts, past projects, and
knowledge of the materials necessary to create the proposed artwork, the Board
unanimously approved the proposal.
In response to questions, Recreation Specialist Christopher Hubbard said the border
will consist of poured concrete reminiscent of crushed shells. The panels are
permanently fixed; the LEDs may be used to create a sense of motion.
5.2 Award the following purchase orders to complete Phase II construction of the
Buccaneers Field at the Walter C. Campbell Sr. Park: Scottys Land Development
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, $14,778.06 (PO ST108387); Keystone Excavators, $49,467 (PO ST108394);
Smith Fence Company, $41,995.00 (PO ST108386); Himes Electric, $77,605.00
(PO ST108403); authorize the City Manager or his designee to sign the standard
AIA Documents Al 01 2007 between the City and Clearwater for Youth (CFY)
and each vendor as a requirement of the Local Initiatives Support Corporation
(LISC) grant; increase CIP 315-93629 by $100,000 at first quarter, to be
reimbursed by CFY according to a Project Agreement between the City and
CFY; and authorize the appropriate officials to execute same. (consent)
On April 5, 2012, the City Council approved a new Capital Improvement Project,
North Greenwood Athletic Fields (CIP 315-93629), for $300,000; to be funded
from Community Development Block Grant (CDBG), and amended the project
budget to recognize a $25,000 donation from Clearwater For Youth (CFY) to
develop the first phase of ballfield construction on the former Jack Russell
Stadium parking lot site.
On November 15, 2012, the Council approved renaming the land where the
athletic field was built to the Walter C. Campbell Sr. Park. The first phase of the
project was completed and has been in use most notably by the Greenwood
Panther Youth Football Organization. CFY applied for and received a $100,000
grant from the Local Initiatives Support Corporation (LISC) to help construct
Phase II of the project and on September 4, 2012, the Buccaneers Field was
officially dedicated with a neighborhood groundbreaking ceremony. Since that
time, plans for Phase II have been completed and is now ready to begin
construction. The City will use the previous bid prices on contracts previously bid
by the City for Phase I. The vendors have agreed to keep past unit prices. Since
the cost of these contracts and Phase I costs exceed the $100,000 purchasing
threshold, staff is requesting Council approval.
The cost to complete the second phase of the project, which includes additional
practice field, fencing, lighting and improvements to parking, is $200,000 of which
$100,000 is from the LISC grant that CFY secured and the remainder is in CIP
315-93629.
In order for CFY to be reimbursed by LISC, a standard AIA Al01-2007 agreement
between the City and CFY and each contractor is needed. This item authorizes
the City Manager or his designee to sign each AIA Standard Form of Agreement
between Owner and Contractor. In addition, CFY and the City have agreed to a
Project Agreement requiring CFY to reimburse the City $100,000 from proceeds
they receive from LISC.
5.3 Approve an amendment allowing for a time extension to the existing grant
agreement between the City of Clearwater and the Florida Department of
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Environmental Protection Office of Greenways and Trails (OGT) for the
construction of trails at the Lake Chautauqua Nature and Equestrian Preserve
and authorize the appropriate officials to execute same. (consent)
The City was awarded a Recreation Trails Program matching grant in the amount
of$200,000 for the design and construction of an 8-foot wide shell trail and
parking facility that will be used for hiking and equestrians within the Lake
Chautauqua Nature and Equestrian Preserve. The City Council approved this
grant award and agreement on February 17, 2011 and formally entered into an
agreement with the State of Florida Department of Environmental Protection
Office of Greenways and Trails on March 10, 2011, DEP Contract Number T1021.
This agreement expires on March 10, 2013 and this amendment extends the
agreement for one year to March 10, 2014 to allow construction of the project.
The OGT has recently approved the design, and the project will be constructed
this fiscal year. There are no fiscal impacts of this amendment. It is just a time
extension. Future maintenance of the trail will be provided through the adopt-a-
park program volunteers and existing park maintenance staff. There will be
neither additional FTE requirements nor additional operating impacts for this
project.
5.4 Approve the Second Amendment between the Martin Luther King Jr.
Neighborhood Family Center, Inc. (MLKNFC) and the City of Clearwater for the
recreational, educational and social programming at the North Greenwood
Recreation and Aquatics Complex and North Greenwood Library and authorize
the appropriate officials to execute same. (consent)
On November 11, 2011, the City Council approved a five (5) year agreement with
both the Boys and Girls Clubs of the Suncoast, Inc. (BGC) and the Martin Luther
King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City, from October
1, 2011 to September 30, 2016, to provide recreational, educational and social
programming at the North Greenwood Recreation and Aquatics Complex and
North Greenwood Library. In meetings with MLKNFC staff and administration it
became clear that there was a gap in the needed programming for families and
children in the Clearwater area in terms of resolving financial adversity,
unemployment, child maltreatment and disruptions of family units. MLKNFC
proposed to meet this programming need if funding became available and
suggested a reduction in the license fee amount paid to the City.
In an effort to strengthen the programming efforts of MLKNFC and provide this
needed assistance to families and children, staff is recommending that the
agreement between the City and MLKNFC be amended to reduce license fee
payments by $45,000 from $65,000 to $20,000 per year.
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Loss of revenue from this agreement will be made up by increased revenues from
rentals and other athletic events and tournaments.
5.5 Approve a blanket purchase order to Mid-Pinellas Umpire Assoc. for $200,000 to
provide umpiring and scorekeeper services for recreation leagues and
tournaments held in Clearwater through December 31, 2013 according to Bid 05-
12. (consent)
Several years ago as part of a resource reduction measure Parks and Recreation
Department began to contract out umpiring and scorekeeper services. Prior to
this, City staff was responsible to train, hire, schedule and supply umpires and
scorekeepers for all softball games held in Clearwater. Mid-Pinellas Umpire
Assoc. has agreed to renew their services for an additional year under the same
terms and conditions of the original bid. This year Mid-Pinellas provided umpires
and officials for over 3,500 games and tournaments, including the USF Series of
tournaments. The costs for these services are paid for by user fees that are
charged to the teams. Revenues therefore offset the costs associated with this
BPO.
5.6 Approve a revised Standard Agreement Form to be used with the various Youth
Co-Sponsor Groups and the City of Clearwater and authorize the City Manager
and/or his designee to approve such agreements. (consent)
On February 7, 2002, the Council approved a Standard Agreement Form to be
used with the various Youth and Adult Co-Sponsor Groups and the City.
Subsequently on December 4, 2008, the Council approved a separate Standard
Agreement Form to be used with the various Senior Adult Co-Sponsor Groups.
The Parks and Recreation Department has partnered with multiple volunteer
groups to provide quality recreational opportunities and programs for the citizens
of Clearwater. These groups are known as Co-Sponsor Groups. Currently
there are 11 Co-Sponsor Youth Groups that are recognized by the City. They
provide programming for Baseball, Football, Soccer, Swimming, Lacrosse,
Softball, Track and Field and Basketball. The City annually meets with each
group and enters into a Sports and Program Co-Sponsor Agreement with the
Co-Sponsor Group. The revised agreement clarifies the roles between the City
and the Co-Sponsor Groups and provides added protection for the citizens and
Clearwater by placing clear expectations on the Co-Sponsor Groups. The
agreement covers areas such as certification, facility care, cooperation, publicity,
documentation, participation, leadership and scheduling. Major areas
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addressed and clarified by the revisions included ADA compliance, training
opportunities for volunteers, planning issues, insurance coverage, criminal
background checks, group responsibilities on City properties and during
tournaments and issues on subletting City facilities. Since there are so many
Co-Sponsor Group agreements to negotiate and approve, staff is recommending
that the council continue to allow the City Manager or his designee to enter into
these agreements.
Staff was directed to provide a strikethrough and underline version of the agreement.
5.7 Ratify and confirm the City Managers approval of a Purchase Order for
Construction Manager at Risk Creative Contractors, Inc. of Clearwater, Florida,
in the amount of$242,682.59 for the modification of two parking lots, which
includes all labor and material cost to complete the modification, and authorize
the appropriate officials to execute same. (consent)
The plan to renovate the Capitol Theatre includes expanding the theatre's
footprint resulting in impacts to adjacent property owned by Pinellas County
currently used for County-employee parking. In accordance with the Interlocal
Agreement between the City and the County approved on October 4, 2012, the
City will combine the two existing County parking lots into one providing for an
equal number of parking spaces as currently exists. The proposed design has
been approved by Pinellas County staff.
In addition, the Capitol Theatre Operating Agreement between Ruth Eckerd Hall,
Inc. and the City of Clearwater, dated September 20, 2012, requires the City
complete this project as part of that agreement. Creative Contractors, Inc. is
performing the parking lot modifications under the Construction Manager at Risk
contract in the amount of$242,682.59. Due to the critical timing and inter-
connection of this project to the expansion of the theater, the project was sole
sourced. The City Manager approved the Purchase Order so that the theater
project could stay on schedule. Construction, Engineering and Inspection (CEI)
services during the construction period will be completed by the City's
Engineering Department, which includes regular on-site construction inspections,
engineering assistance with on-site observations and interpretations, review of
construction drawings, attending meetings, and responding to contractor
questions. The contract period contains two phases. Phase one commenced on
December 10, 2012, following the City Manager's approval of the construction
contract and will be completed by January 11, 2013. Phase two will commence
following the completion of construction of the Capitol Theatre's exterior walls and
will be completed in approximately three weeks thereafter. Improvements include
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a modified parking lot, which will be owned and maintained by Pinellas County
and a portion of City right-of-way. The right-of-way will be located on County
property within a Right of Way and Utilities Easement in favor of the City.
Sufficient budget and revenue are available in 0315-93623. During Construction,
County employees will be allowed to use the City Hall parking lot.
5.8 Provide additional direction regarding a possible business lease contract
between the City of Clearwater (City) and Community Dental Clinic, Inc. (CDC)
to lease City property (still to be determined) for the purpose of operating a
dental care clinic. (WSO)
On December 17, 2012, the Council directed staff to consider additional locations
to accommodate a dental clinic. Specifically, space currently occupied by Jolley
Trolley as well as private property sites in the Ft. Harrison corridor.
Staff will present their findings verbally and seek further direction at the meeting.
Parks and Recreation Director Kevin Dunbar said the vacant South Greenwood Police
Substation may be a viable location with good bus access. The vacant city-owned
facility is in a good location with bus access. The CDC board members visited the site
and currently discussing the opportunity.
In response to questions, Mr. Dunbar said staff did not anticipate charging CDC rent.
CDC will be responsible for the space maintenance and utility costs. Real Estate
Services Coordinator Chuck Lane said the South Greenwood Police Substation location
has approximately 4,000 sq. ft.; CDC will occupy 2,000 sq. ft.
Staff was directed to provide cost comparisons for the 701 N. Ft. Harrison and South
Greenwood Police Substation locations. There was consensus to proceed with drafting
a 3-year lease for the South Greenwood Police Substation site.
6. Police
6.1 Approve the renewal of the Tampa Bay Regional Domestic Security Task Force
Combined Voluntary Cooperation and Operational Assistance Mutual Aid
Agreement and Memorandum of Understanding, allowing voluntary cooperation
and assistance of a routine law enforcement nature across jurisdictional lines
and operational assistance by and among participating law enforcement
agencies within the State of Florida to promote domestic security, and authorize
the appropriate officials to execute same. (consent)
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Mutual aid agreements between law enforcement agencies are authorized by
Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law
enforcement nature to one another across jurisdictional lines and providing
operational assistance. The principal goal of this agreement is for the protection of
Florida's public safety and security, and the successful prosecution of criminal
violators who threaten to, or have actually endangered safety and security in
Florida or elsewhere. This agreement joins agencies together to form a task force
with its principal operations within the Florida Department of Law Enforcement
Tampa Bay operational region. The agencies joining the task force agree to utilize
applicable state and federal laws to investigate and successfully prosecute
criminal cases and to pursue appropriate civil actions against those involved in
criminal acts that are related to terrorism. The task force will promote the
responsible sharing of anti-terrorism intelligence and investigative information
gathered in Florida with federal terrorism task forces as well as with state and
local law enforcement. Each agency joining the task force may request and render
law enforcement assistance to other agencies to include, but not necessarily be
limited to, terrorist attacks, conspiracies or solicitations related to terrorism,
terrorism prevention and intelligence efforts, terrorism-related law enforcement
emergencies, aircraft disasters, fires, and incidents requiring utilization of
specialized units such as bomb disposal units or special weapons and tactics
units. This agreement will enable the extension of jurisdictional authority of the
participating agencies beyond the bounds of their employing agency as provided
by the Florida Mutual Aid Act. This agreement shall be binding for a four-year
period and will expire on December 31, 2016.
6.2 Approve an Option of Renewal Agreement to continue the Interlocal Agreement
for Information Sharing that will permit the Clearwater Police Department and
other participating law enforcement agencies within Pinellas County to share
information and provide effective crime analysis and crime prevention
information for Pinellas County residents for an additional five-year period, and
authorize the appropriate officials to execute same. (consent)
Interlocal agreements among law enforcement agencies are authorized by
Chapter 163, Florida Statutes, to provide services and facilities in a manner that
will take into consideration geographic, economic, population, and other factors
influencing the needs and development of local communities. Pinellas County,
through its Department of Justice and Consumer Services, has developed a law
enforcement data initiative to expand information sharing between agencies,
which include data integration, secure networking, and over twenty analysis
applications. The goal of this agreement is for operating agencies to use
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technologies that exist to bridge the gaps between different information systems.
The County, through the Department of Justice and Consumer Services, agrees
to act as the coordinator of an information sharing steering committee to facilitate
both the input of and access to law enforcement data for use by participating law
enforcement agencies to analyze and prevent criminal activity. Agencies shall
participate in the Information Sharing Steering Committee, and must have a full
decision-making authority member from the command staff level. Each agency
shall retain all the rights of ownership to its agency data, irrespective of the
inclusion of its data in the information sharing process. The Option of Renewal
Agreement will be in effect from the date of execution, and shall remain in effect
thereafter for five years. It may be renewed under the same terms for an
additional five-year term upon mutual agreement of the parties.
6.3 Approve the Pinellas County Combined Voluntary Cooperation Agreement and
Operational Assistance Agreement for law enforcement services for the period
February 1, 2013 through January 31, 2017 and authorize the appropriate
officials to execute same. (consent)
Mutual aid agreements among law enforcement agencies are authorized by
Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law
enforcement nature to one another across jurisdictional lines by and between
such agencies to such lawful activities and to enter into an operational assistance
agreement whereby each agency may request and render law enforcement
assistance to the other law enforcement agencies during emergencies under
s.252.34, Florida Statutes. This agreement incorporates into one Mutual Aid
Agreement a Voluntary Cooperation Agreement concerning routine law
enforcement matters and an Operational Assistance Agreement to use during
emergencies, as well as provisions for interjurisdictional traffic investigation and
enforcement, school resource officers and marine violations.
7. Solid Waste/General Support Services
7.1 Award a Contract (Purchase Order) for $238,839.00 to Atlantic Truck Center of
Pompano Beach, FL for one M2 Freightliner Chassis with Wayne Gladiator
Sweeper, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other
Governmental bid; authorize lease purchase under the City's Master Lease
Purchase Agreement and authorize the appropriate officials to execute same.
consent
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The Sweeper will be purchased through the Florida Sheriffs Contract 12-10-0905,
Specification 9 and quote date December 6, 2012.This sweeper will replace
G2749 (2003 Elgin Sweeper) with 84,980 miles. The auxiliary engine has 7,530
hours on it. The sweeper is included in the Fiscal Year 2012/2013 Garage CIP
Replacement Fund. This sweeper is assigned to the Stormwater group in
Engineering.
8. Engineering
8.1 Approve Amendment number 1 to the signal maintenance and reimbursement
agreement between the City of Clearwater and the Florida Department of
Transportation and authorize the appropriate officials to execute same. (consent)
Amendment number 1 provides for the city to be reimbursed for the maintenance
of Intersection Control Beacons at a rate of 25 percent of the reimbursement
value of a full traffic signal. This is approximately $700. The city currently does
not have any of these devices but this is a statewide amendment.
Amendment number 1 provides for the city to have review capability of signal
modifications done by a contractor for the FDOT in the city's jurisdiction.
Currently the city has a good working relationship with District 7 and can make
requests for changes to signal modifications and it is generally done. However,
this amendment puts the process in writing and guarantees the city will always
have this ability in the future.
Provides a process whereby the FDOT can withhold reimbursement if signals are
not maintained properly. Currently there is no provision for that case.
8.2 Approve Change Order 1 to Adkins Contracting, Inc. of Ruskin, Florida for the
2011 Underdrain Contract (10-0016-EN) for $253,010.89 for a new contract total
of$791,023.73, a time extension of 200 calendar days to allow for completion of
additional work, and authorize the appropriate officials to execute same.
consent
October 20, 2011, City Council awarded the 2011 Underdrain Contract to Adkins
Contracting for $538,012.84. This was a unit price contract.
Adkins Contracting has performed excellent work and agreed to honor the current
contract unit pricing to provide continuing underdrain work at other locations in the
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city based on engineering review. Change Order 1 requests approval of unit
prices for an additional amount not to exceed amount of$253,010.89, and a 200-
day time extension to continue work under the original contract. The same terms
and conditions will apply. The underdrain unit price from Adkins Contracting in
October 2011 was -24% less than the average bid received.
The revised completion date will extend from November 14, 2012 to June 1, 2013.
The Stormwater Maintenance group maintains the underdrain systems. Overall
maintenance requirements will be reduced by these upgrades, therefore no
increase in maintenance costs is anticipated.
Sufficient revenue is available in Capital Improvement Program project 0315-
92277, Streets and Sidewalks.
8.3 Approve the First Amendment to Drainage Easement Agreement between the
City and Crum Properties II, LLC for the relocation of a drainage area to
accommodate construction of Fire Station 45; and authorize the appropriate
officials to execute same. (consent)
On July 30, 1998, the City entered into a Drainage Easement Agreement with
Information Management Resources, Inc. (IMR). Under the agreement, a
drainage area located on City property receives stormwater run-off from property
now owned by Crum Properties II, LLC (Crum), successor in title to IMR. Planned
construction of Fire Station 45 calls for the relocation of the drainage area. The
First Amendment to Drainage Easement Agreement provides for the drainage
area to be relocated providing for adequate land area for planned construction.
The new drainage area will continue to receive stormwater flows from property
owned by Crum and will be constructed with adequate capacity to receive
additional flows from the new fire station.
In response to a question, Engineering Construction Manager Tara Kivett said the pond
for Fire Station 45 is being sized to accommodate the CRUM property and any
additional runoff created by the proposed fire station.
9. Planning
9.1 Provide direction on the proposed recommendations of the Business Task Force
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regarding the Development Agreement process. MSO)
The Business Task Force recommended that the Development Agreement
process, which requires a Level 3 review, be revised to have City Council review
and approve Development Agreements and conceptual site plans without having
a final site plan reviewed and approved by the Development Review Committee
(DRC) and/or the Community Development Board (CDB). The Task Force
recommended this change in process to ensure that any unforeseen requirements
demanded of the applicant by City Council be known prior to investing in
completing the development review process.
Community Development Code Section 4-606 and Florida Statutes Chapter 163
regulate Development Agreements. Pursuant to Code Section 4-606.A, the
purpose of such agreements is to "encourage a stronger commitment to
comprehensive and capital facilities planning, ensure the provision of adequate
public facilities for development, encourage the efficient use of resources, and
reduce the economic cost of development." Both Florida Statutes and the
Community Development Code require a finding be made that the proposed
development is consistent with the City's comprehensive plan and land
development regulation. Development Agreements have primarily been used in
Clearwater in conjunction with land use plan amendments and rezoning
applications to restrict maximum development potential in order to limit traffic
impacts and ensure neighborhood compatibility; to allocate density through the
hotel density pool and hotel density reserve on Clearwater Beach; and to provide
a mechanism for phasing for large projects. It should also be noted that the Code
and Florida Statutes allow a development agreement to vest a project up to a
maximum of 20 years.
Initially the Planning and Development Department did not object to the Task
Force recommendation but upon further review is concerned that the structure of
the City's Community Development Code would not support revising the process
as recommended by the Business Task Force. The Planning and Development
Department has consulted the City Attorney's office and believe the following
points should be considered.
• Florida Statutes and the Community Development Code (Section 4-
606.G.1) require that a plan be submitted that is consistent with the
Community Development Code. The Clearwater Code is unlike other codes
as setback, height, and parking standards are often set forth as a range
and the exact number is determined when the DRC or CDB makes a
finding (based on competent substantial evidence) that the flexibility criteria
and general standards are met. Also, certain uses can only be approved by
the DRC or the CDB. At present, City Council is not the body authorized to
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make decisions on site plans. Approving a conceptual plan that requires
CDB approval creates certain expectations by the Developer and
potentially creates issues for the DRC or CDB. What are the implications if
the DRC/CDB does not approve a site plan that contains the
setbacks/heights/parking standards Council approved? Such a process
could create conflict and ultimately litigation.
• Florida Statutes require that legal notices include a project's density,
intensity and height of development. It is not clear how Council can
approve a building height in a conceptual plan when the Community
Development Code authorizes the DRC and CDB to approve height. What
are the implications if Council approves a certain height and the CDB does
not? This is another area where conflict could be created.
• Having a process where City Council reviews and approves a development
agreement and development plan that is conceptual in nature does not
meet the letter of the law, which requires a finding to be made that the
development plan is consistent with the City's land development
regulations. The conceptual plan may be something that can be approved
but such a finding cannot be made unless the site plan is approved by the
appropriate approval authority i.e. DRC or CDB.
• The Development Review Committee is comprised of the departments that
review plans for impacts on public facilities and provides a
recommendation to the Community Development Coordinator/CDB that
adequate facilities exist to support a proposed development. Having
Development Agreements go to Council without the benefit of detailed site
plan review deprives City Council the benefit of such review. Can the
concurrency requirements of the Code and Florida Statutes be met if the
specifics of the public facilities and services have not yet been developed?
• The Planning and Development Department is concerned about City
Council being in a position to negotiate issues with a conceptual plan as
was the case with the Development Agreement submitted by Aviation
Engineering Consultants, 2750 and 2754 Sunset Point Road. That case
was submitted to City Council without the benefit of being vetted through
the DRC/CDB site plan review process and City Council ended up
negotiating changes to the site plan with regard to fencing,
buffering/screening, architecture, etc. to address neighborhood concerns.
These issues would normally be resolved through the formal site plan
review process.
The Planning and Development Department is seeking Council's direction as to
whether or not City Council would like the Planning and Development Department
to create a new process in the Community Development Code that would allow
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Development Agreements and their corresponding plans to be reviewed and
approved by City Council without the review and approval of a final site plan by
the DRC/CDB.
Assistant City Attorney Leslie Dougall-Sides said should Council approve a conceptual
site plan and a development agreement based on the conceptual plan, there is the
potential of the item returning to Council for amendments as the item gets closer to
commencing construction. If approved, the change would increase the number of
agenda items for amending development agreements. Ms. Dougall-Sides said Council
could also be placed in a position of trying to apply current code provisions in the future.
Planning and Development Assistant Director Gina Clayton said the City reviews
approximately five development agreements a year.
Discussion ensued regarding the current site plan review process. It was requested
that the discussion be deferred because a representative of the Business Task Force
Executive Committee was not present. There was consensus to defer discussion to the
February 11, 2013 work session.
The Council recessed from 2:54 p.m. to 3:01 p.m.
9.2 Verbal Report on Outdoor Cafes in the OSR District (WSO)
Planning and Development Assistant Director Gina Clayton said there were no issues to
report as Britt's Beachside Cafe is no longer in business.
10. Official Records and Legislative Services
10.1 Appoint one member to the Parks and Recreation Board with term to expire
January 31, 2017.
There was consensus to appoint Ric Ortega and place Agenda Item 10.1 on the
Consent Agenda.
10.2 Approve an agreement with Alcalde and Fay to provide lobbying services at the
federal level from January 1, 2013 through December 31, 2018 at a cost of
$4,000 per month, plus expenses estimated not to exceed $3,200 per year, and
authorize the appropriate officials to execute same.
Lobbying services are needed to assist the City in pursuing funding and
favorable legislation at the federal level. Request for Proposal 06-13 (RFP) was
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released to select a provider of these services. Responses were received from
Alcalde and Fay, BGR Government Affairs, CRD Associates, The Normandy
Group, Three Bridges Advisors, and Van Scoyoc Associates.
The evaluation committee, consisting of the Assistant City Manager, City
Attorney, City Clerk and the Finance Director, reviewed the written proposals on
December 3, 2012. Selection criteria were: Overall Quality of work plan,
Experience, Qualifications of Team, and Cost of Services. Presentations were
provided by Alcalde and Fay, Van Scoyoc Associates, and The Normandy
Group.
The committee rated Alcalde and Fay to be the most responsive to criteria
established in the RFP. Alcalde and Fay has been the City's federal lobbyist
since 1998 and the City has been satisfied with their services. Alcalde and Fay
proposed a decreased rate from the previous contract, which was a $5,500
monthly-retainer plus travel expenses not to exceed $1,000 annually.
Annual costs for this contract will be included in the Official Records and
Legislative Services operating budget under appropriation code 010-09700-
530100-513-000. The agreement may be cancelled at any time by either party
with 30 days advance notice.
Mayor George N. Cretekos stated he has a personal relationship with one of the
principals at Van Scoyoc Associates. He believed it was time to seek representation
from a well-known firm with ties to Pinellas County.
In response to questions, the City Clerk said the top three firms ranked as follows:
Alcalde and Fay, Van Scoyoc Associates, and the Normandy Group. The proposed
annual retainer for Van Scoyoc was $95,000. Alcalde and Fay received 377 points and
Van Scoyoc Associates received 355 points. Cost was a factor as it was an RFP
criteria.
Discussion ensued with comments made that Alcalde and Fay recently assisted a
Virginia municipal client in securing $20 million in grant funds for economic development
and proposed a significant lower annual retainer compared to the other two firms.
Staff was directed to provide copies of the ranking sheets and submitted proposals.
11. City Manager Verbal Reports — None.
12. Council Discussion Items
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12.1 Landscaping on Island Way medians
Assistant City Manager Jill Silverboard said staff received a request for landscaping four
medians from the Island Estates Civic Association.
Discussion ensued with a suggestion made that the commercial stakeholders in the
Island Estates area should assist the homeowners association with landscaping needs.
Staff was directed to provide cost information prior to Thursday's council meeting.
12.2 Courtney Campbell Causeway Trail Project Update - Councilmember Jonson
Councilmember Bill Jonson provided a PowerPoint presentation regarding the trail
project. Project completion is expected by Spring 2014. The lighting component is a
safety issue and not part of the trail project. Fishing is allowed under the existing bridge
and on the north side. Councilmember Jonson said the project received $20 million in
enhancement funds from the Florida Department of Transportation.
13. Closing Comments by Mayor— None.
14. Adjourn
The meeting was adjourned at 3:49 p.m.
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